| | | | | |

PennEast Pipeline Gets 401 Water Quality Certificate from PA DEP

PennEast Pipeline proposed route – click for larger version

PennEast Pipeline is reporting a major milestone in getting their project approved: the Pennsylvania Dept. of Environmental Protection last Friday awarded the pipeline a 401 Federal Clean Water Act “Water Quality Certification.” PennEast is a $1 billion, 118-mile, primarily 36-inch pipeline that will get built from Dallas (Luzerne County), PA to Transco’s pipeline interconnection near Pennington (Mercer County), NJ. Although the PA DEP’s water certificate is certainly good news, it comes not long after a continuing cloud over the project–yet another delay by the Federal Energy Regulatory Commission (see FERC Delays PennEast Pipeline Final Review – Again). FERC was supposed to issue a final environmental assessment for PennEast last August. Then it got changed to December. Then it got changed to this month, February. There will almost certainly be a fourth delay as there are now not enough FERC Commissioners to vote on the assessment (since Norman Bay quit in a huff, see FERC Commissioner Resigns Threatening Major M-U Pipeline Projects). However, for now, let’s revel in the current good news for the project…
Continue reading

| | |

PA Lawmakers Push Back Against DEP’s Draft Methane Regs

In December the Pennsylvania Dept. of Environmental Protection (DEP) unveiled new regulations to clamp down on methane emissions and other other air pollution that allegedly comes from shale drilling sites (see PA DEP Releases New Regs re Methane & Air Pollution at Drill Sites). The onerous new regulations, not in effect yet, were originally prompted by bullying from the federal Environmental Protection Agency. Even though EPA pressure is likely to disappear under President Trump, PA Gov. Wolf still intends to push forward with these regulations. After some final tweaks, the DEP released draft versions of the new permits (i.e. regulations) last week, opening them up for public comment over the next 45 days. However, chairman of the Pennsylvania House State Government Committee, Rep. Daryl Metcalfe, sent a letter to the DEP (full copy below) to let the DEP know they have overstepped their bounds in issuing the draft permits. Metcalfe accuses the DEP of “lack of transparency, accountability and judicious use of regulatory authority.” In other words, cease and desist. Another PA legislator, Sen. Guy Reschenthaler, introduced a bill in January that would prohibit PA from adopting regulations that are stricter than federal standards. It seems the DEP has a fight on its hands–from the PA legislature…
Continue reading

| | | |

More on WV’s Push for “Joint Development” Instead of Forced Pooling

On Friday MDN ran a story of keen interest to both mineral rights owners and drillers in West Virginia–about an effort pushing new legislation this year in lieu of forced pooling, something called “co-tenancy” and “joint development” (see WV Won’t Push Forced Pooling, Will Push Joint Dev. & Co-Tenancy). Co-tenancy is pretty easy to understand: if there are multiple owners for the mineral rights under a property (something that happens fairly regularly in WV), you would only need a simple majority of those owners to approve a drilling lease. Currently, if one person with a teeny tiny share objects, it stops the process. But joint development was something of a mystery for us. We thought it meant if adjoining properties were signed with different drillers, they could more easily be combined for horizontal drilling. Although that may be the case, we were wrong about the the main intent of the new bill. A sharp MDN subscriber (someone from the industry) emailed to explain what’s really going on with this new bill. We also heard from a rights owner who would be affected. And from the West Virginia Oil & Natural Gas Association (WVONGA). We now have a better handle on joint development…
Continue reading

| | | |

WVDEP Loosens Permits for Compressors re Noise & Bright Lights

The colorful new Governor of West Virginia, Jim Justice, is wasting no time in showing his support and appreciation to the natural gas industry. During Justice’s State of the State address last week, he ordered his new head of the WV Dept. of Environmental Protection, Austin Caperton, to stop saying “no” to businesses that show up with requests (including the drilling industry). During a rambling address, Justice had this to say: “Now, I underline — underline, underline, underline — nobody loves the outdoors as much as me. Nobody loves water as much as me. We’re not going to break the law. We’re got going to do anything to damage the environment to the very best of our abilities. Or our waters. But we are not going to just say no.” And we have perhaps the first instance of that philosophy in action. The previous Gov. Earl Ray Tomblin Administration had enacted certain restrictions in WV permits for compressor stations–establishing noise and light restrictions to protect nearby residents. At the request of the West Virginia Oil and Natural Gas Association (WVONGA), Caperton removed those restrictions…
Continue reading

| | | | |

Antis Ask FERC to Block Dalton Expansion Project, Using Greek Pipe

Click for larger version

In March 2015, Williams announced that its Transco pipeline subsidiary had filed an application with the Federal Energy Regulatory Commission (FERC) for its Dalton Expansion Project, which will expand the Transco and flow more Marcellus Shale gas from New Jersey all the way to Mississippi, primarily for electric generation plants, but also for local natural gas distribution by utilities (see Williams Files with FERC to Expand Transco Pipeline from NJ to MS). Most of the Dalton project will be built in, and benefit, the State of Georgia, by delivering natural gas to an existing electric generating facility in northern Georgia operated by Oglethorpe Power Corp., delivering gas for local distribution company Atlanta Gas Light, and delivering gas for the City of Cartersville. Transco has customers signed up under binding contracts for 100% of the Dalton Expansion Project, which will increase Transco’s capacity by 448,000 dekatherms per day of natural gas. FERC approved the Dalton Project last summer (see Marcellus/Utica Gas Heading to Georgia via FERC-Approved Pipeline). Antis are now attempting to use a creative new way to stop construction. They noticed that some of the pipe being used came from Greece, so they’re asking FERC to stop the project because it doesn’t use American-made pipeline…
Continue reading

| | | | |

Josh Fox & Antis Plan to Disrupt DRBC Meeting This Wednesday

There may, finally, be movement by the recalcitrant Delaware River Basin Commission (DRBC) to finally, after eight years, begin to move in the direction of guidelines to allow shale drilling in two northeastern PA counties: Wayne and Pike. Why is there movement now? Because last year landowners launched a lawsuit against the DRBC, a lawsuit the DRBC now senses they may lose (see Wayne County, PA Landowner Sues DRBC Over Fracking Ban). So one of the chief antis, charlatan Josh Fox (of Gasland infamy) has put out the call to rally the radical troops to show up at this week’s DRBC meeting, with plans to disrupt the meeting. Bullying with fear and intimidation is the weapon of choice for this group…
Continue reading

| | | |

WV Won’t Push Forced Pooling, Will Push Joint Dev. & Co-Tenancy

Forced pooling legislation in West Virginia has been put forward five times in the past seven years–and each time it has failed to win enough votes in the WV legislature. In its most recent incarnation (last year), forced pooling would allow drillers to form a “unit” for drilling (typically one square mile, or 640 acres) from a group of properties where at least 80% of the mineral rights owners have signed a lease (see WV Forced Pooling Bill HB 4426 Introduced – Debate Rages). 80% is a much higher standard than most other states. But there has been no appetite for forced pooling in WV, at least among rights owners. There have always been other provisions in the forced pooling law that drillers have desired–measures less controversial but important. So this year, the West Virginia Oil and Natural Gas Association says it’s NOT going to push yet another forced pooling bill–but instead will work on two other provisions previously found in the forced pooling bill: (1) joint development, and (2) co-tenancy. What are they? And, are they just forced pooling lite?…
Continue reading

| |

RINOsaurs Lobby Trump to Enact Socialist “Carbon Tax”

A group of RINO (Republican in Name Only) dinosaurs (i.e. RINOsaurs) have come out of retirement to lobby President Trump on the insane idea of a so-called “carbon tax.” Two of them were from the Ronald Reagan Administration–George Shultz and James Baker III. (As an aside, when Baker was Chief of Staff for Ronald Reagan, he was an arrogant ass–prancing around the West Wing. We can state this categorically from first-hand experience. MDN editor Jim Willis worked at the White House when Baker was there. Jim can also tell you Baker came from the Bush camp, which today we call the Washington establishment. There was a deep divide in the White House during the Reagan years between the “Bushies” who were establishment types, and true-conservative “Reaganites.” You know which camp Jim belonged to.) A carbon tax is nothing more than a way to slap a regressive tax on every citizen of the country–as if we aren’t already taxed enough. If you live in the great middle class of this country, you already pay close to 50% of your income in various federal, state, local, property, sales and other taxes. Add it up sometime–you’ll see we’re not exaggerating. A group of Republican “elder statesmen” (as fake news source CNN calls them) yesterday met with Team Trump at the White House to push this disastrous plan, calling it (be careful not to vomit), “conservative.” There’s nothing conservative about it…
Continue reading

| | | | | |

Battle Begins to Get NY DEC to Approve Northern Access Project

Déjà vu all over again? Last Friday the Federal Energy Regulatory Commission (FERC) approved a long-delayed project–National Fuel Gas Company’s 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). We hope the DEC doesn’t repeat their tragic “Constitution” mistake with the Northern Access project. Last night, and again tonight and tomorrow night, the DEC is holding public hearings on the project in western NY. Interestingly, last night the crowd that turned up was about evenly split between those against the project, and those for it…
Continue reading

| | | | | | | |

Anti-Pipeliners Meet with PA DEP Sec. McDonnell, Get No Satisfaction

Acting Pennsylvania Dept. of Environmental Protection (DEP) Secretary Patrick McDonnell held a “hastily arranged” meeting on Monday with several antis who are opposed to Sunoco Logistics Partners’ Mariner East 2 pipeline project. You may recall these same antis predicted the DEP would grant the final permits needed for Mariner East 2 last Friday (see Mariner East 2 Permits May Come Today – Antis Foment Civil Unrest). But as they so often are, they were wrong yet again. The permits did not appear on the appointed day. However, the permits are expected soon, and no doubt McDonnell held the meeting to help prepare them for that eventuality. (Snowflake antis have delicate sensibilities, dontcha know.) The meeting went on for some 70 minutes. The antis tried to get the DEP to further delay the project with another useless public comment period. The DEP has already received over 29,000 public comments–what’s left to be said? At the end of the meeting, the antis got (our words, their sentiment)–“no satisfaction”…
Continue reading

| | | |

PA DEP Seeks Public Comment on Regs for Methane, Compressor Stns

In December the Pennsylvania Dept. of Environmental Protection (DEP) unveiled new regulations to clamp down on methane emissions and other other air pollution that allegedly comes from shale drilling sites (see PA DEP Releases New Regs re Methane & Air Pollution at Drill Sites). The onerous new regulations, not in effect yet (to be published “soon”) were originally prompted by bullying from the federal Environmental Protection Agency. Even though EPA pressure is likely to disappear under President Trump, PA Gov. Wolf still intends to push forward with these regulations. According to the DEP, the proposed General Permit 5A (GP-5A) and the revised General Permit 5 (GP-5), “establish updated Best Available Technology (BAT) requirements for the industry regarding air emission limits, source testing, leak detection and repair, recordkeeping, and reporting requirements for the applicable air pollution sources.” After some final tweaks, the DEP has just released draft versions of the new permits (i.e. regulations), opening them up for public comment over the next 45 days. At the end of that time, we expect it will take a month or so and then the DEP will publish the revised permits and they will become (in essence) the law. Below we have the DEP’s announcement in releasing the draft permits, along with copies of the draft permits and associated documentation…
Continue reading

| | | | | | | |

In FERC’s Game of Musical Chairs, NEXUS Pipeline Left Standing

When reporting on the flurry of Federal Energy Regulatory Commission (FERC) approvals from last Friday, before Commissioner Norman Bay resigned in a huff over losing the chairmanship of the agency (and leaving the Commission with only two Commissioners, not enough to vote on more projects), we noticed there was one major Marcellus/Utica pipeline project that didn’t receive a final approval: the NEXUS Pipeline project. NEXUS is a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. It is a critically needed pipeline to move Utica and Marcellus Shale gas from an over-saturated market in the northeast to markets in the Midwest and Canada. It is a joint venture between DTE Energy and Spectra Energy. In December FERC issued a positive final Environmental Impact Statement (see FERC Approves NEXUS Pipeline, Project on Track for 2017). The only thing left is for FERC to issue a certificate of public convenience and necessity, to begin construction. That didn’t happen on Friday, which means the project is now delayed until at least one more FERC Commissioner is nominated and approved by the U.S. Senate so the Commission regains a voting quorum. In a sense, FERC could only rush through so many projects at the last minute, and in a game of musical chairs, the music stopped and NEXUS was left standing–without a chair. Is lack of a FERC decision last week an indicator that the project is in trouble? What happens now?…
Continue reading

| | |

NARUC President Powelson: Obama’s Energy Mandates are Toast

Robert Powelson

Rob Powelson 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. As we reported in November, Rob’s stature and reputation dramatically increased, yet again. He was elected as the next president of the National Association of Regulatory Utility Commissioners, or NARUC (see PA PUC Commissioner Rob Powelson Elected as President of NARUC). He is serving a one-year term. It is not a full-time gig–he remains a commissioner with the PA PUC. NARUC is about to hold it’s annual winter meeting–the first big meet since Powelson began serving as president. Ahead of that meeting, Powelson was interviewed by the Washington Examiner. His comments are enlightening. Essentially, Powelson says Obama’s climate regulations (including the odious Clean Power Plan) are toast. Here’s what a common sense, shale-supporting intelligent person had to say about the end of Obama’s reign of environmental terror…
Continue reading

| | | | | | | | |

Atlantic Sunrise Pipeline Gets Final Approval by FERC

Atlantic Sunrise Pipeline map – click for larger version

Friday saw a flurry of activity at the Federal Energy Regulatory Commission (FERC)–the federal agency in charge of evaluating and authorizing interstate pipeline projects. Today is FERC-day on MDN, because there was so much news from Friday! Perhaps the most important news coming out of a list of approvals was FERC’s final blessing on Williams’ $3 billion Atlantic Sunrise Pipeline project–a 198-mile pipeline project running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from PA with the Williams’ Transco pipeline in southern Lancaster County. In addition to the pipeline, two new compressor stations will get built, and when the whole thing is done, an extra 1.7 billion cubic feet per day of northeast PA Marcellus Shale gas (from Cabot Oil & Gas and Seneca Resources) will flow south. On Friday, FERC issued a final certificate for the project, allowing Williams to build it. We can’t wait until Williams goes through and knocks down the magic tree house built by environmental wackos in an attempt to stop the project (see PA Antis Build 2nd Magic Tree House to Stop Atlantic Sunrise Pipe). That’ll make for some great headlines when it happens. However, Williams isn’t starting up the bulldozers just yet. Before they can begin, Williams still needs permits from the PA Department of Environmental Protection (DEP) and the U.S. Army Corps of Engineers. However, permits from PA & the Army Corps is perfunctory. It’s now over. The antis have lost and the good guys have finally scored a victory! Construction will begin on the main portion of the pipeline in mid-2017…
Continue reading

| | | | | |

ET Rover Pipeline Gets Final Approval by FERC

ET Rover Pipeline map – click for larger version

Perhaps the second most important (some might argue first in importance) pipeline to be approved by the Federal Energy Regulatory Commission (FERC) last Friday is Energy Transfer’s Rover Pipeline project. Rover is 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. Energy Transfer says with certificate in hand, they will have Phase 1 of the project done by July of this year, and Phase 2 by November of this year. Does that mean the bulldozers are already moving? Not just yet. The first thing to happen is tree clearing, which must be done by March 31 (you can be sure the chainsaws are already going this morning). Then FERC staff will check on things. There is still the outstanding issue that ET knocked down a historic house without permission (see Rover Pipeline in Hot Water Over Demolishing Historic House in OH). FERC is still sore over that one and withholding permission to begin the bulldozers until they decide on just how expensive the punishment will be. But the good news is that FERC has signed off, and the project will now get done–this year. Which drillers reserved capacity on Rover? Antero Resources, Eclipse Resources, EQT, Gulfport Energy, Rice Energy, Range Resources and Southwestern Energy…
Continue reading

| | | | | |

Rayne Xpress Gets FERC Approval to Begin Construction in KY

Rayne XPress map – click for larger version

In January, the Federal Energy Regulatory Commission (FERC) voted to approve and issue a certificate to Columbia Pipeine’s Leach XPress and Rayne XPress pipeline projects (see FERC Approves $1.8B Leach & Rayne XPress Pipeline Projects). The two projects work hand in glove to move Marcellus/Utica gas all the way to the Gulf Coast (see Columbia Gas: $1.75B for 2 Projects to Send Marcellus Gas to Gulf). You might think (as we did) that when FERC granted the final certificate, that would be the end of the story. Start the bulldozers, begin building! But no, such is not the way it works in bureaucrat-land. It seems FERC also needed to issue a “Mother May I?” certificate to begin construction, which they did on Friday (amidst a flurry of other certificates issued)…
Continue reading