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Names Mentioned for 3rd FERC Post, Incl. PA’s Powelson

Rob Powelson

Yesterday MDN brought you the exciting news that President Trump plans to nominate Jones Day attorney Kevin McIntyre as chairman of the Federal Energy Regulatory Commission (FERC), and nominate Neil Chatterjee, senior energy adviser to Senate Majority Leader Mitch McConnell, as a Commission member (see Breaking: Kevin McIntyre, Neil Chatterjee are Trump Picks for FERC). However, there is a third open position on FERC. Lips are flapping around Washington and several names are being circulated as potential nominees. One of them REALLY excites us: Rob Powelson. Rob is a member of the Pennsylvania Public Utilities Commission (PUC). At one point, under then-Gov. Tom Corbett, Powelson was the PUC Chairman (see PA’s PUC Pro-Drilling Chairman Powelson Leads Mid-Atlantic Group). After Democrat Tom Wolf was elected as governor, he replaced Powelson with Gladys Brown as Chairwoman (see Anti-Drillers Cheer PA Gov Wolf’s New Appointment to Head PUC). However, Powelson remains on the PUC as a member. He’s one of the good guys–someone who supports shale energy. Rob’s stature and reputation went up again late last year when he elected as the new president of the National Association of Regulatory Utility Commissioners (NARUC). He’s serving a one-year term with NARUC. It’s not a full-time gig–he remains a commissioner with the PA PUC. Wouldn’t it be terrific if this Marcellus-loving regulator were the third new FERC commissioner appointed by Trump?…
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Breaking: Kevin McIntyre, Neil Chatterjee are Trump Picks for FERC

Just as MDN was putting today’s list of stories to bed, news broke that President Trump plans to nominate Jones Day attorney Kevin McIntyre as chairman of the Federal Energy Regulatory Commission (FERC), and nominate Neil Chatterjee, senior energy adviser to Senate Majority Leader Mitch McConnell, as a member. There are currently three vacancies. No word on a third nominee and (so far) The White House is mum on the leak about McIntyre and Chatterjee. Here’s the leak, from Bloomberg…
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Gorsline Zoning Case Argued Before PA Supreme Court Justices

Not long after the Pennsylvania legislature passed the Act 13 Marcellus Shale drilling law in 2012, signed into law by then-Gov. Tom Corbett, seven selfish towns sued, claiming they should have the right (via zoning laws) to determine just where an oil and gas well can be located within their borders. The challenge was brought by rabid anti-drillers and appealed all the way to the PA Supreme Court, where unfortunately the antis won (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). What the antis didn’t think about was the fact some towns may decide to exercise their newly-won rights–to allow wells, instead of prohibit them. Whoops. Guess they didn’t see that one coming. A town in Lycoming County decided to allow a shale well on property zoned residential/agricultural (i.e. farming country). Anti-drilling Big Green groups, including PennFuture, THE (arrogant) Delaware Riverkeeper, and the Peters Township gang (none of which are from mid-PA where the town is located) sued to deny the town the right to exercise its Act 13 authority to allow a shale well. A sham county judge granted a victory to the antis. But it was temporary. On appeal, the higher PA Commonwealth Court obliterated the faulty reasoning of the lower court and, significantly, redefined how courts should interpret the results of the Act 13 zoning lawsuit that allows local municipalities the right to restrict, or allow, shale drilling (see Major Victory for PA Landowners/Drillers in Lycoming County Case). The case, Brian Gorsline v. Board of Supervisors of Fairfield Township (Gorsline is an avowed anti-driller), was appealed to the PA Supreme Court and yesterday in Philadelphia the Supremes heard oral arguments. Can we determine anything from the tone of the questions?…
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PA State Senator Introduces Bill to Regulate Gathering Pipelines

PA Senator Lisa Baker

We’re not quite sure what to think about this one. A Republican PA State Senator, Lisa Baker, on Monday introduced a bill in the PA Senate (SB 488, see a copy below) to regulate low-pressure natural gas gathering pipelines. Currently those lines, over 3,600 miles of them, are not regulated by any state or federal agency. Baker’s bill would put them under the oversight of the PA Public Utility Commission. Hey, we’re not against regulation in general. It’s an important part of the puzzle that makes energy possible. We are, however, against unnecessary and onerous regulation. We are against barriers that would slow, to a crawl, the installation of new gathering lines–what are by all accounts very safe pipelines. When was the last time you heard about a local gathering line that sprung a gas leak, blew up, etc.? Yeah, us too. Never. So the real question here is: Is regulating these lines even necessary? We suspect not, but we’ll keep an open mind while this plays out…
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Gutsy: NFG Asks FERC to Cut NY DEC Out of Pipeline Approval

On Feb. 3, the Federal Energy Regulatory Commission (FERC) approved a long-delayed project–National Fuel Gas Company’s (NFG) Northern Access 2016 pipeline project (see NFG’s Northern Access Pipe in NY/PA Gets FERC Approval). The $455 million project includes building 97 miles of new pipeline along a power line corridor from northwestern Pennsylvania up to Erie County, NY. The project also calls for 3 miles of new pipeline further up, in Niagara County, along with a new compressor station in the Town of Pendleton. Although FERC has now given permission to build it, the State of New York, specifically the state’s Dept. of Environmental Conservation (DEC), must issue stream crossing permits. Sound familiar? The DEC faced a similar task with the FERC-approved Constitution Pipeline and ultimately, under political pressure from Gov. Andrew Cuomo, made the decision to refuse granting Williams the permits it needs to build the Constitution. Williams sued and sometime this spring NY will almost certainly lose the case (see Bloomberg Predicts Court Will Strip NY’s Right to Stop Constitution). With the approval arriving, the DEC decided maybe it was time to begin conducting circus public hearings about the project (see Battle Begins to Get NY DEC to Approve Northern Access Project). But NFG is in no mood to screw around with the Cuomo DEC, so they’ve asked FERC for a “reconsideration and clarification” on the role of the DEC in reviewing the project. Specifically, NFG wants FERC to rule that the DEC has NO role in reviewing the Northern Access 2016 project. Wouldn’t that be sweet?…
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Senate Democrats Send Letter to Trump Requesting New FERC Members

Something is going on, and we still haven’t figured out what it is. We reported a real head-scratcher two weeks ago when a group of far-left House of Representatives Democrats sent a letter to President Trump imploring him to appoint new members to the Federal Energy Regulatory Commission (see Anti-Drilling Democrats Ask Pres. Trump to Fill Up FERC). FERC is the agency that, among other things, reviews and approves interstate oil and gas pipeline projects. The agency has been without a quorum since Feb. 3, when Norman Bay quit in a huff (see FERC Commissioner Resigns Threatening Major M-U Pipeline Projects). There are currently only two Commissioners, both Democrats, out of five. At least three are needed to vote and make major decisions. So far there’s not been a peep from Team Trump about nominating three Republicans to the board. So why would a bunch of lefty Dems even want Trump to appoint new members? As it is, projects are slowed or stalled without a quorum. Let’s add to the mystery. Yesterday another group of lawmakers, this time Senate Democrats, sent Trump yet another letter about populating FERC quickly. Among the Senate Dems making the request are some of the worst in the Senate: Elizabeth “Pocahontas” Warren (from Massachusetts) and her sidekick Ed Markey (also from Mass.). Al Franken, former pornographer and Saturday Night Live alumnus (from Minnesota). And more. The Dems, who are opposed to everything Trump does, are obviously coordinating this effort and view it as an opportunity of some sort. So we once again as the question, why do the Lib Dems want new members appointed to FERC–members who will favor fossil fuels and the pipelines that deliver them?…
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Williams Keeps Pressure on PA DEP to Issue Atlantic Sunrise Permits

The Federal Energy Regulatory Commission (FERC) approved Atlantic Sunrise in early February (see Atlantic Sunrise Pipeline Gets Final Approval by FERC). Even though the project is approved, that’s not the end of the story. Regulatory work still remains, including approvals from the Pennsylvania Department of Environmental Protection (DEP) and the U.S. Army Corps of Engineers. Construction of Atlantic Sunrise is scheduled to begin later this year, pending the receipt of these regulatory approvals. Williams is gently pressuring the DEP to hurry it up. Fortunately for Williams, the PA DEP is not like the corrupt New York Dept. of Environmental Conservation (DEC). In NY, the DEC caved to political pressure from Gov. Cuomo and denied Williams stream-crossing permits (a matter now in court, see Constitution Pipeline Case Goes to Court in 2 Weeks, Briefs Filed). In PA, the DEP will no doubt do its job and grant the permits. The problem is, they’re taking waaaaaaay too long to do it…
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Rover Pipeline Challenges FERC re Demolishing “Historic” House

On Feb. 3, the Federal Energy Regulatory Commission (FERC) gave its final approval to Energy Transfer’s Rover Pipeline project–a $3.7 billion, 711-mile Marcellus/Utica natural gas pipeline that will run from PA, WV and eastern OH through OH into Michigan and eventually into Canada (see ET Rover Pipeline Gets Final Approval by FERC). Normally when FERC approves such a project, they issue a “blanket certificate” that allows the pipeline company to move forward with construction without getting “Mother May I?” permission for every step along the way. But FERC denied ET a blanket certificate for Rover. Why? Because Rover demolished a house that was under consideration for a national registry of historic homes, without first telling FERC (see Rover Pipeline in Hot Water Over Demolishing Historic House in OH). In May 2015, Rover purchased a house in Carroll County, OH, located near where the pipeline, and a compressor station for that pipeline, is due to run. Rover bought the house to use for offices for several Rover affiliate companies. After buying it, Rover determined the house was “ill-suited for its intended purpose” and decided to demolish it. Problem was/is, that house was under consideration to be added to the National Register of Historic Places. The house was not yet on the list of Historic Places, but was on a list of properties under consideration. FERC says Rover should have reported their decision to demolish the house, which has Rover in hot water with FERC and the Advisory Council on Historic Preservation. That’s why FERC didn’t issue a blanket certificate for construction of Rover. So ET and Rover have now filed for a rehearing, claiming FERC erred in not granting the blanket certificate…
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Proposed 13-Mile Pipeline in SW OH Under Review, DOPEs Oppose

Duke Energy Ohio, an LDC or “local distribution company” serves some half a million customers with natural gas in Ohio. The company has a ~12 mile pipeline to flow gas it needs to move from one point to another in Hamilton County (Cincinnati), the southwest corner of the state. The Duke pipeline has been around and in service since the 1950s. Duke needs to replace that pipe or some of the half million Duke customers won’t get natural gas any more. Because anything to do with “fracking” or “pipelines” has been so thoroughly bastardized by the media and anti-fossil fuel protesters, there was, of course, opposition to Duke’s plan. So Duke “listened” and has scaled back their plans. Instead of building a 30-inch gas pipeline running at 600 psi (pounds per square inch), the revised plan calls for a 20-inch pipeline running at 400 psi (see Duke Energy Modifies/Scales Back Plan for SW OH Pipeline). Duke proposed two potential routes, both of which are opposed by antis, including a group calling themselves NOPE–Neighbors Opposing Pipeline Extension. We’d call them DOPEs–Dummies Opposing Pipeline Extensions. Will these people volunteer to shut off the natural gas to their homes and businesses if the pipeline doesn’t get built?…
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OH Court Rules Landmen Need to be Licensed Real Estate Brokers

We know this is an important story, and we know that some (many?) MDN readers will be interested. But this is one of those rare cases where we just can’t get our heads around the scope and importance of the story–and who it really affects. We had thought that landmen in Ohio (agents who deal with landowners and mineral rights owners, getting them to sign leases or easements) did not have to be licensed real estate agents in order to do their job. However, a court case just decided in Ohio’s Seventh District Court of Appeals seems to say that at least some landmen DO need to be licensed real estate agents, in order to get paid a commission on deals they’ve brokered. We don’t think the decision requiring a real estate license applies to all landmen in Ohio (although we’re open to correction on that point). Below we have information about the Dundics v. Eric Petroleum Corp. case, along with previous info from 2014 that indicates the reverse–that Ohio landmen DO NOT need to be licensed real estate brokers. Does the Dundics case supersede previous rulings? Is the Dundics case dealing with an obscure situation that doesn’t apply to all landmen? We simply don’t know…
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PA DEP Sec McDonnell Defends Overreach of GP-5/5A

At last week’s Oil & Gas Awards’ 2017 Northeast Industry Summit, MDN editor Jim Willis heard former Pennsylvania Dept. of Environmental Protection (DEP) Secretary, Michael Krancer, say that the DEP’s proposed changes to General Permit (GP) 5 and 5A are “a big deal” and that the permits, as drafted, have the potential to stop PA natural gas production for 12-18 months while new regulations get sorted out (see Big News from the O&G Awards Northeast Industry Summit). We’ve written a fair bit about GP-5/5A, most recently in December (see PA DEP Extends Public Comment Period for Methane Regs). Our take on GP-5/5A is that it will target a reduction in fugitive methane. However, Krancer said the new rule would also stop any new pipeline construction through wetlands (virtually any and all new pipelines) until new permitting procedures are hashed out–hence his startling statement about production stopping for more than a year. Krancer also said GP-5/5A will regulate small gathering lines. PA’s legislators are very concerned about GP-5/5A and submitted a letter to DEP Acting Secretary Pat McDonnell in February with 21 questions about the new rule change. McDonnell met with several Senators and subsequently responded, in writing, by addressing each of the 21 questions. We have McDonnell’s letter and responses below…
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Josh Fox, Maya & Friends Plan to Protest Any FERC Appointments

You know it’s a slow week for anti-fossil fuel crackpots like Josh Fox and Maya van Rossum (THE Delaware Riverkeeper) when they have to hold a conference call to begin protesting something that hasn’t even happened yet. The Donald has been a busy boy, trying to weed out Obamadroids deeply embedded in the federal government. The President is responsible to appointing something like 5,000 people to positions throughout the federal government. Most of them pass through Presidential Personnel (an office MDN editor Jim Willis once worked in during the Reagan Administration, back in the Jurassic period) and do not require Congressional approval. But one agency of primary concern for us, the Federal Energy Regulatory Commission (FERC), is still missing three of five Commissioners. Trump has not (yet) put forward nominees to staff it, nominees who will have to be approved by the Senate. But lack of nominees isn’t stopping Josh Fox, Maya van Rossum, a PA pig farmer and others with an abject hatred of FERC because FERC is responsible for evaluating and approving pipeline projects. You know, pipelines that flow evil, disgusting, horrible fossil fuels that are poisoning Mom Earth. On a conference call scheduled for tomorrow, Josh, Maya & friends will outline their opposition to ANYONE Trump puts forward. Doesn’t matter who it is. The Dalai Lama? Against him. BH Obama? Against him too. Meryl “hates Donald Trump’s guts” Streep? Against her, even though she’s a hater. Queen Hillary? She’s yesterday’s news. Mickey Mouse? Set out a mousetrap. That will be the strategy outlined on tomorrow’s conference call…
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FERC Green Lights Rover Pipeline Construction

Along with chainsaws buzzing (until Mar. 31) and wood chips flying, Rover Pipeline has now started the backhoes. As MDN previously reported, on Feb. 3 the Federal Energy Regulatory Commission (FERC) gave its final approval for Energy Transfer’s Rover Pipeline project, a $3.7 billion, 711-mile Marcellus/Utica natural gas pipeline that will run from PA, WV and eastern OH through OH into Michigan and eventually into Canada (see ET Rover Pipeline Gets Final Approval by FERC). At the time we observed Rover had received permission to clear trees before the Mar. 31 “can’t kill roosting bats” deadline. However, Rover did not have permission to begin digging trenches and laying pipeline. That permission came this past Friday…
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Ohio EPA Begins Using New General Permits for Compressor Stations

Compressor stations in Ohio, needed to flow natural gas through numerous new pipelines being built, require a permit from the Ohio Environmental Protection Agency (EPA) in order to get built. The Ohio EPA considers each application independently, a laborious and long process. In an effort to streamline that process, the Ohio EPA began work on a plan in September 2015 to issue “general permits” for compressor stations (see Ohio EPA Seeks “Pre-Comments” on Compressor Station Permit Plan). A general permit is, essentially, a cookie cutter approach. If midstream companies agree to the provisions in the general permit, i.e. they commit to using certain types of equipment and certain standards, the permit process will speed along much faster. In April 2016 Ohio EPA floated draft versions of the new general permits (see Ohio EPA Seeks Comments on New Permits for Compressor Stations). The long wait is over. Ohio EPA announced last week that the new general permits (there are a BUNCH of them) are ready for use…
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Antis Find Solace in Bay’s Final Pot Shot at FERC

Norman Bay, formerly of FERC

Anti-fossil fuel groups adamantly opposed to new pipeline projects are finding solace, and perhaps legal assistance, in the remarks made by former Federal Energy Regulatory Commissioner Norman Bay. There were three FERC Commissioners, the minimum required to vote on projects, until Bay left. Why did he leave? When Bay (a Democrat) joined FERC, he was promoted by Barack H. Obama to be the Chairman of the Commission, displacing Cheryl LaFleur (another Democrat) from her role as Chairman. LaFleur didn’t let Obama’s decision affect her–she stuck around and kept working. When Donald Trump took office, he decided, which is his prerogative, to elevate LaFleur to be Chairman once again, “demoting” Bay to regular old Commissioner. Bay immediately resigned in a huff. Thing is, Bay’s resignation was calculated to do maximum damage to current pipeline projects under review, most of them in the Marcellus/Utica. On his last day in office, along with a flurry of FERC approvals, Bay issued a statement as part of one of the approvals that FERC should “analyze the environmental effects of increased regional gas production from the Marcellus and Utica” shale regions (see FERC Commissioner Norm Bay Targets M-U on Way Out the Door). Now, anti-fossil fuel lawyers are using his words to help make their case against authorizing pipeline projects…
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PA DEP Holds Public Hearing on PennEast Compressor Station

PennEast Pipeline is a $1 billion, 118-mile pipeline from Luzerne County, PA to Mercer County, NJ. Along the entire length of the pipeline, there will only be one compressor station–located in Carbon County, PA. This past Wednesday the PA Dept. of Environmental Protection (DEP) conducted a public hearing on the compressor station plan. Nominally the hearing is to elicit feedback from the public. However, as is so often the case, these are not really hearings but theatrical performances where anti-drilling kooks put on the equivalent of a circus act. But antis weren’t the only ones who showed up for the hearing. Plenty of supporters were there too…
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