Regulation

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    NY Asks FERC to Hassle AIM Pipeline, Restrict Flows

    Spectra Energy’s Algonquin Incremental Market (AIM) pipeline project is an $876 million expansion of the existing Algonquin pipeline system designed to carry 342 million cubic feet of natural gas per day to New England states that badly need the gas. On March 3, 2015 the Federal Energy Regulatory Commission (FERC) issued their final approval for the project, allowing it to go forward. Construction began in 2015 and, following extreme opposition from New York State over a small portion of the project, it finally went online in in 2016. New York’s radical, anti-drilling governor, Andy Cuomo, tried to stop the Algonquin using the flimsy excuse that some of the drilling for the pipeline would happen a half mile from a nuclear power plant–a plant that’s shutting down anyway (see Gov. Cuomo Asks FERC to Halt Algonquin Pipeline Near Nuke Plant). A few weeks after Cuomo requested FERC shut it down, they told him “no”–which was the cue for Big Green groups to file an appeal with the liberal District of Columbia Court of Appeals (see Radical Enviro Groups File Appeal to Stop AIM Pipeline in NY/CT). Didn’t work. New York State’s two radically leftist Democrat Senators, Chuck Schumer and Kirsten Gillibrand, the Senator nobody knows about and nobody cares about, tried to stop it too (see NY’s 2 Radical Senators Call for Halt in Building Algonquin Pipeline). Didn’t work. Now that the pipeline expansion has been up and running safely for more than a year, you’d think they would give up. Nope. Cuomo previously ordered a “safety analysis” of the project, back in 2016. That report was just released (executive summary embedded below) and four state agencies, all under the executive branch umbrella (i.e., under Cuomo’s thumb), jointly wrote a letter to FERC asking FERC to further hassle the AIM project by restricting flows along it and shutting it down when work to decommission the nearby nuke plant begins…
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    PA DEP Notifies Shell of “Technical Deficiencies” with Ethane Pipe

    Shell delivered some good news at last week’s Northeast U.S. Petrochemical conference in Pittsburgh: The Falcon ethane pipeline will get built next year (see Shell Says Falcon Ethane Pipeline to Get Built in 2019). The pipeline won’t actually flow ethane to the Shell cracker in Monaca until 2020 at the earliest, because the cracker plant itself won’t go online until 2020 at the earliest. The 97-mile consists of “two legs,” with about half of the pipeline located in PA, the other half in OH. The Pennsylvania Dept. of Environmental Protection (DEP) conducted three public hearings on the project earlier this year, in preparation for issuing permits. Antis came out in force and behaved badly, as they typically do (see More of the Same at Final DEP Hearing for Shell Ethane Pipeline). No matter. The pipeline will get built. But not without jumping some hurdles first. On June 1, the DEP issued three letters identifying what it calls “serious technical deficiencies” in Shell’s pipeline plan, for townships in three different counties along the pipeline’s PA route. Shell maintains this type of notification is “common” in the permitting process, and is committed to working with the DEP to address any issues of concern…
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    Indiana Utility Files Request to Build New Gas-Fired Electric Plant

    Many (most?) electric generating companies in the U.S. are regulated–highly regulated. They’re guaranteed a certain, predictable level of (low) profits. But in return for guaranteed profitability, every single thing they do is monitored and authorized in triplicate, with one or another government agency reviewing anything and everything that happens. It’s the deal they’ve struck with the regulatory devil. Vectren is one such regulated utility in the great state of Indiana. Vectren operates the F. B. Culley Generating Station, a 369 megawatt (MW) coal power plant located in Warrick County, Indiana. They plan to close the coal-fired plant in 2023. In its place, they want to build a 900 MW natgas-fired plant and a 50-acre solar farm. Building the gas plant and solar farm would cost Vectren (meaning ratepayers) $940 million. The cost is passed on to ratepayers because Vectren is regulated. That’s the way it works. The bargain struck with the devil. The gas-fired plant will be cleaner than coal, more efficient, cheaper to operate, and better for the environment. We suspect Utica/Marcellus gas would help feed the plant. And yet, anti-fossil fuel wackos oppose the plan to switch to cleaner-burning natgas. Would they prefer no electricity?…
    Read More “Indiana Utility Files Request to Build New Gas-Fired Electric Plant”

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    SRBC Elects New Officers, NY Becomes Chair on July 1

    Perhaps the proposed legislation by PA Rep. Dan Moul (Republican from Gettysburg) to gut not only the DRBC (Delaware River Basin Commission) of its power to regulate groundwater, but also to gut the SRBC (Susquehanna River Basin Commission), is not so far off the mark after all (see PA House Bill to Neuter SRBC, DRBC Makes It to First Base). We always viewed the SRBC as a good steward of water resources within the river basin it governs, preferring to “stay in its lane” and not presume to regulate shale drilling the way the DRBC has (see SRBC Tells Anti-Drillers “We’ll Stay in Our Lane” on Water Study). Apparently each year (or two or three, we’re not sure) the SRBC rotates the positions of Chair and Vice Chair among its four members (US Army Corps of Engineers, New York, Pennsylvania, Maryland). Currently the Chair belongs to the Army Corps, but on July 1st it will change to NY. The problem is that NY’s rep on the Commission is Basil Seggos, NY Dept. of Environmental Conservation (DEC) Commissioner and an appointee by Andrew Cuomo. Seggos is a hardened, very politically left anti-fossil fueler–a puppet and tool of Cuomo. Will this change in leadership at the SRBC have an impact on how the organization operates?…
    Read More “SRBC Elects New Officers, NY Becomes Chair on July 1”

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    Constitution Pipe Asks FERC for Speedy Rehearing, 2020 Deadline

    Seems like a week doesn’t go by that MDN isn’t asked (by someone from Pennsylvania), “Is there any hope of building the Constitution Pipeline through New York?” Our standard response is this: The only way it gets built is (a) NY elects a new governor favorable to the industry–about a 1% chance of that happening, (b) President Trump issues an Executive Order overriding Cuomo’s blockade of Constitution (and other pipeline projects)–maybe a 10% chance of that happening, or (c) the Federal Energy Regulatory Commission (FERC) reconsiders a decision to not overrule NY’s move to block the project–maybe a 15% chance. The U.S. Supreme Court in April refused to consider the Constitution Pipeline case, closing that door (see Supreme Court Rejects Constitution Pipe Request to Overrule NY). In January of this year, FERC turned down Constitution’s request to overrule NY (see Death of the Constitution Pipeline? FERC Refuses to Overrule NY DEC). But then Constitution (i.e. Williams) asked FERC to reconsider their ruling, to “rehear” the case as it’s called, in Feburary (see Constitution Pipe Files for FERC Rehearing, Then Back to Court). In March, FERC gave themselves a little more time to think about rehearing the decision, but since that time, the agency has been silent. Yesterday Williams/Constitution filed a request with FERC asking them to urgently, speedily, quick-like-a-bunny, pretty-please with a cherry on top hurry up and reconsider/rehear their earlier decision, this time hopefully overruling NY. Could it happen? Sure, it could. Will it? Doubtful, but hey, hope springs eternal! Williams/Constitution also filed an official request yesterday with FERC to extend the deadline to build the Constitution project–from this year to 2020. If FERC grants the extension, then maybe there is a glimmer of hope that FERC will change its mind, or that FERC somehow sees a way that Constitution can still get built…
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    Ohio Approves $900M Harrison County Power Plant in Cadiz, OH

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    In September 2016, MDN reported that EmberClear planned to fund and build a new $900 million, 1,000-megawatt electric generating plant in Harrison County, OH (see $900M Utica Gas-Fired Electric Plant Coming to Harrison County, OH). The new plant will be fed by Utica Shale gas. EmberClear was, until July 2016, a Canadian-based company. But it went bankrupt and after emerging from bankruptcy it changed its name to Ember Partners, now based in Houston, TX. Since 2016 we haven’t heard anything about the project. But things were/are happening. Last week the Ohio Power Siting Board (OPSB) authorized construction of the 1,050 megawatt (MW) natural gas-fired, combined-cycle electric generation facility in Cadiz–called the Harrison Power Plant. Which is good news indeed. The plant will generate 500 temporary construction jobs and 30 permanent jobs and use a huge amount of natural gas to power it (good for Utica drillers!). Construction on the plant is due to begin in October of this year and the plant will be done and online in June 2021. Here’s the details…
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    Rhode Island Gas-Fired Plant Making Money – Before It’s Built!

    At a big ceremony in 2015, none other than Rhode Island Gov. Gina Raimondo joined the CEO of Invenergy to announce the Clear River Energy Center–a 900-1,000 megawatt electric generating plant that runs on natural gas (see New NatGas Powered Electric Plant Coming to…Rhode Island?!). A new gas-fired plant planned for the socialist paradise of Rhode Island, home to old money and people who oppose change of any kind. Who woulda thunk? The new plant will lower RI residents’ electric bills by a collective $280 million and replace aging coal and oil power plants–cleaning the air in the process. With the jobs created, the investment in the facility, and lower electric rates, it’s calculated this single plant will have a $1.3 billion impact on the economy of RI. The plan was to begin construction in summer 2016 and have the plant up and running by 2019. What’s happened since the initial announcement? A lot of bureaucratic bull. The project is under review now and a final decision by the Rhode Island Public Utilities Commission will not happen until January of next year. In the meantime, the plant is making money, even though it’s not yet built! How? By selling its contracts to provide electricity. The plant won’t be running next year, so Invenergy, the builder, has sold the right to provide electricity to the grid (for a time) to different plant…
    Read More “Rhode Island Gas-Fired Plant Making Money – Before It’s Built!”

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    SWPA Gas-fired Elec Plant Next to Pot Farm Nears Final Approval

    Last October MDN told you that a second Marcellus gas-fired electric generating plant is planned for Greene County, PA (see 2nd Marcellus-Fired Electric Plant Proposed for Greene County, PA). Hill Top Energy Center, based in Huntington Bay, N.Y., is planning to build a 620 megawatt plant on 41 acres of land off Thomas Road in Cumberland Township. The PA Dept. of Environmental Protection (DEP) held a public hearing in early November, and in early December the DEP issued an air quality permit for the project (see PA DEP Issues Air Permit for Gas-fired Elec Plant Next to Pot Farm). The plant will be built next door to a “medical marijuana operation”–i.e., a pot growing farm. Here’s an idea: Why not burn pot to generate the electricity instead of natgas? Roughly the same CO2 footprint, with the added benefit of lacing the air in the region with happy smoke. Oh well, back to reality. What’s left to do before construction begins on the Hill Top Energy Center? The facility needs a building permit from Cumberland Township. Plans will be reviewed at the next town meeting on July 2. If the plans are approved, a building permit will follow in short order. However, Hill Top says they don’t plan to begin construction until early 2019…
    Read More “SWPA Gas-fired Elec Plant Next to Pot Farm Nears Final Approval”

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    Antis Convince Chatham County, NC to Extend Frack Moratorium

    In 2014, the North Carolina legislature passed a law that specifically says local municipalities can’t regulate oil and gas exploration–it is the sole responsibility of the state to do so. Some municipalities thought there were loopholes they could use. Stokes and Chatham counties enacted moratoriums instead of outright bans, hoping to game the system. In order to plug the loopholes, the NC General Assembly approved a 41-page “technical corrections” bill (literally passed in the middle of the night) in September 2015 (see NC Legislature Makes Local Frack Bans/Moratoria Illegal). The technical corrections bill, signed into law by then-Gov. Pat McCrory, introduced language which closes any perceived loopholes and makes any actions like the ones in Stokes and Chatham illegal. And yet the moratoriums in those counties persist, contravening NC law. On Monday night Chatham County commissioners voted (unanimously) to extend their illegal moratorium until Jan. 31, 2019. How do they get away with it? The obvious answer is that nobody cares about drilling in Chatham County, otherwise there would have been a lawsuit to challenge this blatant violation of the law…
    Read More “Antis Convince Chatham County, NC to Extend Frack Moratorium”

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    Dela. Riverkeeper Pressures DRBC to Revoke ME2 Pipe Permit

    Here’s the latest strategy in THE Delaware Riverkeeper’s ongoing war against fossil fuels, and against natural gas pipelines in particular: Pressure the Delaware River Basin Commission (DRBC) to revoke a permit granted by the agency to the Mariner East 2 (ME2) pipeline project on the flimsy basis that ME2 has “violated” the conditions of the permit. Frankly, we didn’t even know the DRBC had issued a permit for ME2. After all, ME2 is a state-permitted project and does not come under federal authority. We doubt the DRBC has legal authority to issue a permit for the project–but if no one challenges them, their authority stands. ME2 probably thought it easier to just get the permit and not squabble over it. According to Big Green mouthpiece PBS StateImpact Pennsylvania, the DRBC is actually considering Riverkeeper’s request. The problem with this latest strategy by Riverkeeper is that DRBC’s executive director, Steve Tambini, is so weak, he may fold like a cheap deck of cards and actually do it. Tambini, who has been a major disappointment since taking over from the ultra-leftist Carol Collier, seems happy to take his marching orders from Riverkeeper. We have to wonder if this latest strategy will bear fruit. A scary proposition. But Riverkeeper isn’t content to try and scuttle ME2 by pressuring the weak DRBC as its only strategy. Last week the DRBC filed a “groundbreaking” lawsuit against the ME2 project in U.S. District Court for the Eastern District of Pennsylvania, meant to stop the project by court order…
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    FERC Grants MVP Permission to Cross Blue Ridge Pkwy in Virginia

    The good news keeps rolling in for Mountain Valley Pipeline–a $3.5 billion, 301-mile pipeline currently under construction from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA. MVP is being built to move Marcellus/Utica gas south. Following multiple lawsuits and regulatory challenges by Big Green groups, MVP is getting work done and on track to be completed this year. Just last week we told you that following delays by illegal protesters sitting in trees in the Jefferson National Forest, the Federal Energy Regulatory Commission helpfully extended tree cutting season for MVP to July 31 (see Big Green Fail – MVP Permission to Cut Trees in VA Until July 31). One of the faux arguments against MVP used by “environmentalists” is that the pipeline will cross under the Appalachian Trail and Blue Ridge Parkway in Virginia–somehow doing irreparable damage in the process. Good news: MVP has just received permission to drill and insert the pipeline under the Blue Ridge Parkway, which will have antis howling at the moon…
    Read More “FERC Grants MVP Permission to Cross Blue Ridge Pkwy in Virginia”

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    FERC Authorizes Tetco TEAL Phase II – Connecting to NEXUS Pipe

    Here’s a project we’ve mentioned in passing as part of other posts, but until now, have not specifically focused on. In August 2017, Enbridge received approval (a certificate) from the Federal Energy Regulatory Commission (FERC) to construct and operate the Texas Eastern Appalachian Lease Project (“TEAL Project”). TEAL boosts the capacity along the Texas Eastern Transmission Company (Tetco) pipeline and connects it to the NEXUS pipeline. NEXUS has been under construction since last October (see NEXUS Pipeline Begins Construction in OH, MI). TEAL will bump up volumes of Utica/Marcellus gas along Tetco by an extra 950 million cubic feet per day–nearly 1 billion cubic feet! The markets for the gas are the Midwest and Canada. The justification for the project, when it was filed two years ago, was “offsetting the impact of the decline in traditional western Canadian supplies available to serve these markets.” That was before TransCanada lowered the tolls along its pipeline to bring more western Canadian gas to eastern Canada. Oops. What’s done is done. On December 19, 2017, Texas Eastern received approval to proceed with construction of the Phase I TEAL Project facilities. Last week Texas Eastern requested permission to begin Phase II in Columbiana and Belmont counties (in Ohio), and yesterday FERC said yes…
    Read More “FERC Authorizes Tetco TEAL Phase II – Connecting to NEXUS Pipe”

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    FERC Denies Rehearing Request for Mountain Valley Pipe 3-2

    In May MDN told you that Big Green groups were successful in getting the U.S. District Court of Appeals for D.C. to force the Federal Energy Regulatory Commission (FERC) to either move forward with, or reject a rehearing request on their decision to approve the Mountain Valley Pipeline (see Fed Court Forces FERC to Decide on MVP Rehearing, No More Delays). MVP a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA–to move Marcellus/Utica gas south. Last Friday FERC obeyed the court and voted 3-2 against rehearing their previous decision to approve the project. Yes, the two Democrat Commissioners voted to rehear the decision–meaning they want to stop MVP. The two Dems have been co-opted by Big Green and Big Democrats and now apparently don’t/won’t think for themselves. It’s a scary proposition for “someday” when Dems regain the White House and can once again pack FERC with a majority–which will stop any new pipeline projects cold. Scary thought. At any rate, FERC’s Republicans made powerful and persuasive arguments for why the original decision to approve MVP was/is correct and doesn’t need to be revisited. Bottom line: Big Green is no doubt at the courthouse even as you read this filing a lawsuit against FERC and their decision. They could not file the lawsuit prior to a rehearing denial by FERC. Now that FERC has told Big Green to buzz off, a lawsuit to try and stop MVP is 100% certain to follow…
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    PA PUC Overrules Lib Judge – Mariner East 1 Returns to Service

    As MDN predicted, yesterday the Pennsylvania Public Utility Commission (PUC) voted to overturn a previous action by liberal administrative law judge, Elizabeth Barnes, to shut down the Mariner East 1 (ME1) pipeline (see Antis Get Lib Judge to Shut Down All Mariner East Pipes, Dems Rejoice). ME1 is back up and running. All five PUC members supported returning ME1 back to service. However, three of the five PUC members agreed with Judge Barnes’ decision to temporarily shut down work on the Mariner East 2 pipeline project in West Whiteland Township (Chester County). Two of the five PUC members wanted all of Barnes’ ruling to be overturned. The reporting on this is somewhat confusing. PUC Chairwoman Gladys Brown put forward a motion to (a) turn ME1 back on, and (b) keep ME2 in West Whiteland stopped, for now, pending more information from Sunoco Logistics. The vote was 3-2 in favor of Brown’s motion. The 2 voting against it did so because it didn’t go far enough (they wanted ME2 construction to resume). So although the vote was 3-2, all 5 of the members wanted ME1 back on. That’s the real nub of the news–the subtlety that’s missed in most media reports. The 3-2 “split decision” that’s being reported is the decision to overrule Barnes on ME1, but keep her ruling intact (for now) on ME2. The PUC has ordered Sunoco to provide more information in the next 20 days: inspection and testing protocols, emergency response plans, and copies of safety training curriculum for employees and contractors. The PUC will then reconsider whether or not to allow ME2 work to resume in West Whiteland. But here’s the thing: Work on the rest of the 300+ mile pipeline continues everywhere else in the state–everywhere but West Whiteland. Overall, yesterday’s PUC action was a crushing defeat for PA State Sen. Andy “Tony Soprano” Dinniman (Democrat) and his Big Green cronies who want to assassinate the entire ME1 & ME2 projects by focusing on one small area…
    Read More “PA PUC Overrules Lib Judge – Mariner East 1 Returns to Service”

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    Green, OH Won’t Allow Nov. 6 Vote to Nix NEXUS Pipeline Deal

    In February the City of Green, OH (Summit County), finally faced the reality that NEXUS Pipeline–a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada–will come through their paradise (see Antis of Green, OH Finally Face Reality – Will Allow NEXUS Pipe). Green hired a high-priced Cleveland law firm to try and scuttle the NEXUS project (see Green, OH Paying Lawyers $100K to Fund Stop NEXUS Crusade). In the end, everyone has their price. For Green, the price was $7.5 million and 20 acres of land that sit next to an existing city park. While Green antis in city government hate the idea of the pipeline getting built at all (especially Green’s anti-pipeline mayor), the writing was on the wall. They would lose and they knew it. To save face, the mayor negotiated a deal with NEXUS that city council voted to accept. However, the mayor and city council’s actions didn’t sit well with some of the more radical elements in Green. The rads launched a petition campaign to put a referendum on the Nov. 6 ballot on whether or not the city should settle with NEXUS. The city says the signed settlement is an administrative action, not subject to a popular vote. The rads say otherwise. In a bold move, even though the rads have enough signatures to put the referendum on the ballot, the city has refused to allow the it to appear on the ballot. Which will surely send the radicals into orbit. It’s shaping up to be a battle between left and lefter…
    Read More “Green, OH Won’t Allow Nov. 6 Vote to Nix NEXUS Pipeline Deal”

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    Wackos Gather in Harrisburg to Push for 100% Solar/Wind in PA

    This past Tuesday, hundreds of Pennsylvanians gathered in Harrisburg to “rally for a new vision for the Commonwealth powered by 100 percent renewable energy.” Among those attending including representatives from businesses, various religious leaders, local mayors, and nurses and doctors to advocate for “bipartisan” legislation to force PA to dump fossil fuels and adopt 100% renewable energy. There is no polite way to say this, but say it we must: This so-called “bipartisan” gathering to push House and Senate bills demanding the state dump the use of fossil fuels (like natural gas) and instead stick solar panels on every rooftop and windmills on every hilltop to power the Keystone state’s electricity (and other) power needs is stark….raving….mad. It’s lunatic. Forcing the state to adopt 100% renewables is not “nice” or a “gentle, blessed future that will arrive someday.” Adopting 100% renewables is a deluded fantasy. To pretend otherwise is unkind. We must call this nuttery out for what it is: irrational hatred of fossil fuels. We have nothing against any form of energy. They all have their pluses and minuses. You like a solar panel on your house–good for you! An ugly windmill with it’s whump whump whump sound nearby? Whatever floats your boat. But ending the use of fossil fuels to generate electricity any time within the next 75-100 years is the end of human life as we know it. What was presented at the rally as some benign gathering of average citizens was nothing of the sort. Big Green (radical) groups, including PennFuture, were behind this flummery…
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