Regulation

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    Atlantic Coast Pipeline Asks FERC to Lift Stop-Work Order

    Borrowing a chapter from EQT and their Mountain Valley Pipeline project, Dominion Energy has asked the Federal Energy Regulatory Commission (FERC) to lift a stop-work order for its 600+ mile Atlantic Coast Pipeline (ACP) project. On Tuesday MVP sent a letter to FERC requesting the agency lift it’s stop-work order for them (see Mountain Valley Pipe Asks FERC to Lift Stop Work Order). A day later, yesterday, ACP did the same thing. Last week a federal court pulled permits for approximately 100 miles (of 600 miles) for ACP in response to a frivolous lawsuit filed by the anti-American Sierra Club (see FERC Shuts Down ALL Work on Atlantic Coast Pipeline). The Clubbers convinced the Fourth Circuit Court of Appeals to overturn permits granted by the U.S. Fish and Wildlife Service and the U.S. National Park Service, granted to ACP to cross the Blue Ridge Parkway. The court, in rolling back ACP’s permits, told FERC they should shut down work on the entire project until this matter is resolved. Last Friday FERC did just that. Yesterday Dominion politely asked FERC to ignore the court and lift the ban for those portions not part of the actual court order. Dominion got some moral support from West Virginia’s congressional delegation in their effort. Senators Joe Manchin and Shelley Moore Capito, along with Rep. David McKinley wrote a letter to FERC asking the agency to lift the stop-work order for both ACP and MVP…
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    PA Senate Bill Encourages Use of Conventional Brine on Roadways

    A bill under active consideration in the Pennsylvania Senate would remove the PA Dept. of Environmental Protection’s (DEP) prohibition against using brine from conventional oil and gas wells on PA’s roadways (see DEP Continues to Block Use of Brine on PA Dirt Roads). This past spring the DEP notified townships they could no longer use brine, a cheap source of “road salt” for deicing roads and (in liquid form) for spreading on dirt roads to keep the dust down. Brine from shale wells has never been allowed on PA’s roads–so this only concerns conventional drillers/wells. The move by DEP to block brine use, among other DEP actions, angered the industry and led to bills being introduced by both the House and Senate that “roll back” (more like “lock in”) regulations that govern conventional PA drilling to the Oil and Gas Act of 1984 (see 2 PA Bills Would Roll Back Conventional Drilling Regs to 1984). The House already passed their version of the bill back in June (see PA House Passes Bill Exempting Conventional Drillers from Shale Regs). The corresponding Senate bill is now being discussed. Part of the bill, if passed, tells the DEP it must “encourage” (not ban) the use of conventional brine…
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    Mountain Valley Pipe Asks FERC to Lift Stop Work Order

    EQT Midstream and its partners in the Mountain Valley Pipeline (MVP) project are trying to convince the Federal Energy Regulatory Commission (FERC) to lighten up and reconsider lifting most of a stop-work order for the entire 303-mile pipeline project. In a 7-page letter to FERC yesterday, Matthew Eggerding, EQT Midstream’s top lawyer, outlined his company’s case for allowing them to restart work on most of the pipeline. Two weeks ago FERC ordered MVP to shut down all construction for the entire project following a court case that overturned permits for a tiny, 3.5-mile section of the project as it runs through the Jefferson National Forest (see FERC Shuts Down ALL Work on Mountain Valley Pipeline in WV, VA). In delivering its stop-work order, FERC said while it expects the two federal agencies involved (U.S. Forest Service and Bureau of Land Management) to quickly rework and reissue the permits overturned by the court, they (FERC) don’t know when that will happen and so in the meantime, just shut it all down. MVP is asking them to reconsider. What happens if FERC doesn’t reconsider and MVP stays shut down until the court gives the OK for reissued permits? According to EQT’s incoming CEO Rob McNally, “that would certainly put the first-quarter [2019] timing in jeopardy.” Meaning all bets are off…
    Read More “Mountain Valley Pipe Asks FERC to Lift Stop Work Order”

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    Shell to Remediate PA Swamp in Return for Falcon Pipe Permit

    Shell is proposing to remediate a swamp in Mercer County as a way to “offset” the “impacts” of building an ethane pipeline to feed it’s mighty cracker plant under construction in Beaver County. Oops. Sorry. Instead of calling it a swamp, the PC term is “wetland.” Shell will make a swampy portion of Neshannock Creek in Mercer County swampier, in return for permission to build the Falcon ethane pipeline elsewhere. Apparently it’s not the first time Shell has proposed such a swap. Shell is in the middle of remediating a swamp in Washington County in return for “local impacts” (i.e. “damage” to the environment) they’re causing by building the cracker plant itself. This is not an uncommon practice–across the country. We happen to think it’s silly. Either a project is worthwhile–worth “damaging” some of our precious environment, because of the greater good it will bring–or not. Playing this game of “I’ll spoil this area here, so I’ll un-spoil that area over there” is senseless, in our humble opinion. But hey, if that’s the game we must play to get it built…
    Read More “Shell to Remediate PA Swamp in Return for Falcon Pipe Permit”

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    FERC Approves Transco Pipeline Expansion in New Jersey

    Click for larger version

    Last Friday, before Federal Energy Regulatory Commission (FERC) Commissioner Rob Powelson left the building for the last time, FERC approved a small but important expansion of the Williams Transco Pipeline in New Jersey, called the Rivervale to South Market project. We first told you about the Rivervale project last year when Williams filed an application for it with FERC (see New Project Seeks to “Uprate” Transco Pipeline in Northern NJ). The Rivervale project will expand the mighty Transco pipeline in northern New Jersey to deliver an extra 190 million cubic feet per day (MMcf/d) of low-carbon, clean-burning Marcellus Shale gas to markets in northern NJ and New York City. The project calls for “uprating” a little over 10 miles of pipeline (same pipeline with more pressure and more gas), and adding a half mile of new looping pipeline–which is more than enough to set off the whackadoodles at the NJ Sierra Club. One of two Democrat FERC commissioners, Richard “Dick” Glick, voted in part against approving the project because he says it will lead to more global warming. Typical lib Dem. Here’s Williams’ good news announcement, and a copy of FERC’s 46-page approval…
    Read More “FERC Approves Transco Pipeline Expansion in New Jersey”

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    FERC Rejects PennEast Pipe Rehearing Request – Antis Sue

    Elvis – song & dance

    Last Friday the Federal Energy Regulatory Commission (FERC) denied a rehearing request by radical enviro groups with respect to the PennEast Pipeline project. That is, FERC said “we’re sticking with our original decision to approve the project.” In January, FERC voted 4-1 to approve the $1 billion, 120-mile natgas pipeline that will stretch from northeast PA to the Trenton area of New Jersey (see FERC Grants Final Approval for PennEast Pipe – Real Battle Begins). FERC Commissioner Richard “Dick” Glick voted against the project claiming it will lead to more man-made global warming. But the other Dem FERC Commissioner, Cheyl LaFleur, voted to approve it–at least in January. In Friday’s “order on rehearing” LaFleur flipped and said she’s had second thoughts about the project. She voted “in part” to rehear the original decision. Glick voted to rehear. Bottom line: both LaFleur and Glick want to kill the PennEast project. That’s the upshot of Friday’s FERC communication. Unfortunately FERC Commissioner Rob Powelson has abandoned us and we will now face a 2-2 deadlock on key decisions like this one for the foreseeable future–because Senate Democrats will block a vote on a new, third, Republican member of the Commission until after the November election. Thanks Rob. The radical anti groups that filed the rehearing request–THE Delaware Riverkeeper (aka Maya van Rossum) and the NJ Sierra Club (aka Jeff Tittel)–immediately filed lawsuits with the Washington, D.C. Circuit Court of Appeals. The antis could only take their case to court once FERC had denied a rehearing request. That’s the song and dance routine we must go through on the way to fighting to build every square inch of any new pipeline project in the northeast. Pipeline company files application, FERC approves, radical groups request a rehearing, rehearing denied, lawsuit filed. That’s the formula that plays out over and over again. Below is a copy of FERC’s approval along with details about antis filing their lawsuits…
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    Is MVP Still Under Construction Following FERC Stop-Work Order?

    We spotted something that seemed a bit odd to us. In a story about pipelines in WV and the challenges they face, EQT said they continue to engage in some construction activities for Mountain Valley Pipeline, even though the Federal Energy Regulatory Commission (FERC) recently ordered them to stop all construction on the project until further notice (see FERC Shuts Down ALL Work on Mountain Valley Pipeline in WV, VA). At least, that’s what EQT appears to be saying. Background: The radical Sierra Club convinced the U.S. Court of Appeals for the Fourth Circuit to overturn permits issued by the U.S. Forest Service (USFS) and Bureau of Land Management (BLM) that allows EQT Midstream’s 303-mile Mountain Valley Pipeline to cross 3.5 miles of Jefferson National Forest in West Virginia and Virginia (see Court Cancels Permits for Mountain Valley Pipe on Fed Land). Even though 3.5 miles is like 1% of the entire MVP project, FERC told MVP to “cease immediately” *all* construction activities along the *entire length* of the pipeline, until the permit issue for Jefferson National Forest is resolved. And yet, an EQT spokesperson told a WV reporter, “Various construction activities have been happening along the route, include construction of compression facilities, tree felling, trenching, welding, stringing of pipe.” Did she mean those things happened *until* FERC told them to stop? Or they’ve continued to happen *after* FERC told them to stop? We report, you decide…
    Read More “Is MVP Still Under Construction Following FERC Stop-Work Order?”

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    PA PUC Wants to Expand 811 to Include Stripper Wells

    In just about every state in the country, before you start digging a hole in the ground for some reason (water well, septic system, laying an underground electric line, etc.)–the first thing you do is call 811 or some similar phone number. The “one call” or “first call” reaches a state-authorized (not necessarily state-run) office where they have, on file, maps detailing any kind of underground cables, pipelines and other infrastructure. If such underground structures exist, a representative of the owner for the underground line will, if necessary, stop by and mark the areas so when you do begin digging, you don’t hit it. Makes sense. A bill introduced in 2016 in the Pennsylvania legislature “enhances” the existing 811 law in PA. One of the “enhancements” is that it removes an exclusion for low-pressure natural gas gathering pipelines from being required to be part of the 811 system, mainly lines run to conventional gas wells. The bill was opposed by the Pennsylvania Independent Oil & Gas Association (see PIOGA Opposes Bill to Regulate Unregulated PA Gathering Pipelines). The bill was reintroduced in March 2017 (see PA State Senator Introduces Bill to Regulate Gathering Pipelines). Once again PIOGA pushed back. In June 2017, a compromise was reached to exclude pipelines running to “stripper wells”–i.e. low-producing conventional wells. With that compromise in place, both the PA Senate and House voted to adopt the plan and it was signed into law (see Shale + Large Conventional Gathering Pipes Added to PA One Call). The PA Public Utility Commission (PUC) is the state agency charged with oversight of the enhanced 811 system. They have been staffing up and rolling out the changes. We spotted a story that talks about the PUC’s efforts. It mentions (bemoans) the fact that stripper wells are still exempt, and seeks to apply pressure to the owners of those wells to “voluntarily” join the 811 system. We all know what comes next after “voluntarily” joining any government-run program…
    Read More “PA PUC Wants to Expand 811 to Include Stripper Wells”

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    Support Builds for Congress to Reign in States Blocking Pipes

    The U.S. Senate Environment and Public Works Committee will hold a hearing this Thursday to consider the Water Quality Certification Improvement Act of 2018 (S. 3303). Two weeks ago we told you about S. 3303, a bill that will “fix” the issue of states like New York using Section 401 of the Clean Water Act, which allows states to have a say in where interstate pipeline routes can pass through a state, from abusing their authority by blocking pipeline projects (see US Senate Bill Fixes States Blocking Pipelines via Water Permits). New York’s Gov. Andrew Cuomo (tinhorn dictator) has weaponized Section 401 and now routinely uses it to block any and all new natural gas pipelines in the state. That was not the intent of the Clean Water Act when delegating some (small, minor) authority to the individual states. Section 401 is meant to allow states to steer the pipeline in a new direction to avoid sensitive environmental areas–not block it completely. S. 3303 will fix the issue of state abuse. In advance of Thursday’s session, a coalition of twenty-four national organizations representing workers and businesses in the energy supply chain wrote a letter (copy below) urging the Senate committee to approve the legislation. The letter is evidence that there’s a building head of steam, a consensus, of support on this issue. Finally, someone is addressing the out-of-control abuses of power Cuomo and others are engaged in…
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    FERC Shuts Down ALL Work on Atlantic Coast Pipeline

    As MDN predicted last week (see Federal Court Stops Works on Some (All?) of Atlantic Coast Pipe), the Federal Energy Regulatory Commission, following a ruling by a federal court that vacated (withdrew) permits for work being done on Dominion Energy’s Atlantic Coast Pipeline (ACP), has told Dominion to quit working on all of the pipeline everywhere. At least until this current legal mess, created by the Sierra Club, can be sorted out. It was an easy prediction to make. FERC did the same thing with Mountain Valley Pipeline when the same court pulled permits for a piddly 3.5 miles of pipeline as it crosses the Jefferson National Forest (see FERC Shuts Down ALL Work on Mountain Valley Pipeline in WV, VA) . In ACP’s case, the court pulled permits for work on 100 miles of pipeline (out of 600 miles). Dominion said in a statement that they’re already working with the two agencies that had issued various permissions overturned by the court, and Dominion expects the matter will be resolved quickly so that the final in-service date is not moved. As a reminder, the Sierra Club convinced the Fourth Circuit Court of Appeals to overturn permits granted by the U.S. Fish and Wildlife Service (FWS) and the U.S. National Park Service (NPS) granted to ACP to cross the Blue Ridge Parkway. However, the rolled-back permits affect some 100 miles of work. The court, in rolling back ACP’s permits, told FERC they should shut down work on the entire project until this matter is resolved. On Friday FERC did just that…
    Read More “FERC Shuts Down ALL Work on Atlantic Coast Pipeline”

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    WV DEP Proposes Changes in Pipeline Stream Crossing Permit

    West Virginia has just published a draft revision for terms and conditions under which the state will issue a “Section 401” water permit for federally approved pipeline projects. Under the federal Clean Water Act (CWA), the federal government delegates some of the responsibility in approving a pipeline project to the individual states. It’s a small but important part of the regulatory pie. Under Section 401 of the CWA, states get one year to review a pipeline project–to evaluate where that project will cross streams and rivers. If the state doesn’t like something about the plan, they tell the pipeline company and the plan gets revised. That’s how it’s supposed to work. Instead, some states (like New York) are abusing Section 401 and simply refusing to issue the permit, effectively killing entire pipeline projects. That’s not the intent of the regulation, something Congress is now looking to fix. We can’t have tinhorn dictators like Andrew Cuomo telling other states (like Pennsylvania) that you can no longer build pipelines into or through a neighboring state. That’s why approval of interstate pipeline projects resides at the federal level and not the state level–to prevent one state holding another hostage. WV has had some issues of their own with respect to Section 401 approvals (see WVDEP Reverses, Waives Water Permit for Mountain Valley Pipeline). Perhaps because of previous problems, like the issue with MVP, the WV Dept. of Environmental Protection has just floated proposed changes to the criteria they use in awarding a Section 401 permit…
    Read More “WV DEP Proposes Changes in Pipeline Stream Crossing Permit”

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    Other Shoe Drops: PA Methane Emissions Regs for Existing Sources

    Pennsylvania Gov. Tom Wolf’s Administration has been fiddling with proposed regulations to cut down on so-called fugitive methane emissions from drilling and pipelines for years. The regulations are known as General Permit 5 (GP-5) and General Permit 5A (GP-5A). GP-5 applies to pipelines and compressor stations, while GP-5A applies to well pads and drilling. In June, the PA Dept. of Environmental Protection (DEP), author of the revised regs, published its final final final final version of the regs (see PA DEP Releasing Onerous New GP-5 & 5A Methane Regs June 8). The new regs will go into effect this month. But here’s the thing. These onerous regulations apply only to *new* and not *existing* sources of methane emissions. With the revised regs about to go into effect for new sources, right on cue Big Green groups began pressuring Wolf to apply them to existing sources too (see Big Green Pressures Gov. Wolf to Expand Onerous Methane Regs). That was, of course, the intention all along–to hamstring (and shut down) the Marcellus industry by saddling it with insanely high costs to comply with regulations that won’t do a thing to “save the planet” from methane poisoning (a non-existent threat). Unfortunately the Wolf DEP is signaling it will propose insanely onerous new methane emissions regulations for *existing* sources in early 2019. So this is fair warning to the industry to begin a counter-offensive now. It’s also fair warning to conventional drillers–the DEP is going to float new regs for you in 1Q19 as well…
    Read More “Other Shoe Drops: PA Methane Emissions Regs for Existing Sources”

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    Disappointing: Trump to Nominate Nuke/Coal Proponent to FERC

    Just yesterday we posted an article observing that today, Friday, is Federal Energy Regulatory Commission (FERC) member Rob Powelson’s last day on the job (see FERC Commissioner Rob Powelson Leaving Friday – Deadlock Looms). We won’t lie (when do we ever lie?): We’re pretty sore at Powelson, and grumpy that for the foreseeable future no new pipeline projects will get approved due to the two partisan Democrats on the Commission who now vote against every pipeline project. The rumor mill is in overdrive that Trump has already picked a replacement for Powelson–Bernard McNamee, head of the Department of Energy’s Office of Policy. McNamee helped roll out a plan favored by Trump and DOE Secretary Rick Perry to artificially favor and boost nuclear and coal energy sources, at the expense of other sources like natural gas. Boneheaded plan. This is the guy Trump now wants at FERC. Recall that FERC rejected DOE’s boneheaded “save coal and nuke plants” plan. No doubt Trump is looking to stack the deck in his favor by naming McNamee. On the plus side, we suspect McNamee would be a reliable vote in favor of pipeline projects, so it’s not all bad news. But the issue remains that Senate Democrats can and most certainly will delay any confirmation votes on McNamee–likely until after the November election. This is how dirty politicians play the game. We’re not thrilled with McNamee, but we’d rather have him at FERC than an ongoing 2-2 deadlock…
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    FERC Approves New Connection to Rover Lateral, but Not the Lateral

    Yesterday the Federal Energy Regulatory Commission (FERC) granted a “certificate of public convenience and necessity” (i.e. official approval) for Rover Pipeline to spend $4.7 million to build a new meter station along Rover’s Burgettstown Lateral. The new meter station, to be located in Jefferson County, OH, will connect a pipeline gathering system built and maintained by Utica Gas Services LLC, connecting the gathering system to Rover. The new connection will flow 350 million cubic feet per day of Utica Shale gas into the Rover pipeline system. But here’s the thing: FERC has not yet given Rover permission to begin flowing gas along the Burgettstown Lateral. FERC is playing hardball, withholding permission for Burgettstown and three other laterals until Rover (i.e. Energy Transfer) gets restoration work done along certain portions of the project (see FERC Continues to Block Rover Laterals Until Restoration Work Done). Obviously FERC is planning to let Burgettstown and the other laterals go online, it’s just a matter of time. But FERC is using the laterals (withholding startup) as leverage to make Rover do what it said it would do. Below is more information about UGS-Crawford Meter Station, as it’s called, and FERC’s approval of it…
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    3 Options for Blocked NY Marcellus-Fired Electric Plant

    Two days ago MDN told you that New York’s tinhorn dictator, Andrew Cuomo, pulled the rug out from under a fully-permitted and permissioned Marcellus-fired electric plant by directing his corrupt Dept. of Environmental Conservation (DEC) to withhold renewing an air permit previously granted (see Cuomo Strikes Again: Blocks Completed Gas-Fired Plant from Starting). We’ve since learned that the Competitive Power Ventures (CPV) Valley Energy Center, a $900 million, 680-megawatt natural gas-fired electric generating plant in Orange County, NY, was just four days away from throwing the switch and beginning operations. The DEC’s previous delays of the project have already cost the CPV $40 million in missed revenue. How much more pain will Cuomo and his corrupt DEC inflict on the plant? And, what can CPV do now, to overcome Cuomo’s blockage of the project? It appears there are three options: (1) contest the decision via an administrative appeals process; (2) seek a court injunction against the DEC; (3) apply for an EPA permit, which is what the DEC is telling them to do. All three options will take time. Seems to us that option #2 will take the least amount of time. CPV is right now mulling their next steps…
    Read More “3 Options for Blocked NY Marcellus-Fired Electric Plant”

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    FERC Commissioner Rob Powelson Leaving Friday – Deadlock Looms

    Our opinion of FERC Commissioner Rob Powelson has gone down over the past month or so (see FERC Gridlock Coming Thx to Rob Powelson (Selfishly) Leaving). Powelson is selfishly leaving FERC after doing excellent work at the agency over the past one year. FERC has five commissioners total. After Powelson leaves, new pipeline projects face the prospect of deadlocked 2-2 FERC votes because two of the commissioners are partisan Democrats who put party bosses above the good of the country (nothing new there). And that makes us angry with Powelson. He should have put his own ambitions on hold for a few more years, for the good of the country, and served out his entire term at FERC. So while Powelson admittedly did good work (he’s from PA and has been a champion for the Marcellus/Utica region), he’s now soiling his reputation by abandoning ship and leaving us with a deadlocked commission. Friday is Powelson’s last official day. He sat down for a final interview with FERC’s official podcast called Open Access…
    Read More “FERC Commissioner Rob Powelson Leaving Friday – Deadlock Looms”