Regulation

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    Questerre Energy to Challenge Quebec’s Utica Frack Ban in Court

    The Utica Shale, which underlies much of the Marcellus Shale, also underlies part of Canada’s Quebec province. From time to time we highlight news concerning the Utica in Canada. There hasn’t been much news to highlight over the years since Quebec has had a moratorium on fracking since 2012. But as we reported in December 2016, something of a minor miracle happened–the Quebec National Assembly voted to pass Bill 106, ostensibly to support Quebec’s “clean power plan” (see Fracking in Canadian Utica Shale Takes Big Step Closer to Reality). The bill includes a section that “lays out a framework for oil and gas development” in Quebec. Then in September 2017, Quebec did the unthinkable (for radical environmentalists)–they published draft Utica drilling regulations (see Quebec Government Publishes Draft Utica Fracking Regulations). Canadian driller Questerre believes Utica drilling can begin this year (see Questerre Plans 8 Initial Well Pads in Canadian Utica 2018-2019). News of new Utica regs caused antis in Canada to go berserk. The pressure got to be too much and the politicians decided in June of this year that they will commit fracking suicide instead (see Quebec to Ban Utica Shale Drilling, Most Other Drilling Too). Questerre isn’t taking it lying down. They have considerable acreage in the Quebec’s Utica. Questerre issued a press release this morning to celebrate Bill 106 (passed in 2016) finally going into effect–and to say as for the frack ban, Questerre will sue the government as soon as it’s implemented, to try and get it overturned…
    Read More “Questerre Energy to Challenge Quebec’s Utica Frack Ban in Court”

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    FERC Lets MVP Restart Work on 25% of Pipe; MVP Lays off ‘Thousands’

    The Federal Energy Regulatory Commission (FERC) has had a change of heart–sort of–with respect to their stop-work order issued to Mountain Valley Pipeline (MVP). We previously told you that on August 3, FERC told MVP to stop all construction prompted by an order from the U.S. Court of Appeals for the Fourth Circuit vacating permits issued for the project as it crosses 3.5 miles of Jefferson National Forest in West Virginia and Virginia (see FERC Shuts Down ALL Work on Mountain Valley Pipeline in WV, VA). In a letter to FERC this past Tuesday, MVP asked FERC to reconsider and allow them to restart construction for at least part of the pipeline. FERC agreed and partially lifted the stop-work order a day later, on Wednesday. The new order allows MVP to work on the project for 77 of its 303 miles–about 25%. However, in a sad announcement, MVP said because so much of the project remains (for now) idled, it is laying off 50% of the workers who had been working on it. It’s estimated that around 6,000 people are employed directly or indirectly on the project, which means “thousands” (perhaps as many as 3,000 people) are now out of work–thanks to the Sierra Club and their lawsuit. Hey, how many jobs has the Sierra Club created? What’s that? NONE?! And how many jobs has the Sierra Club destroyed? We’d estimate it to be in the tens of thousands. MVP also announced that due to the ongoing work stoppage and delays, the project completion and in-service date has now slipped to the end of next year–an additional nine months. It’s a sad day indeed…
    Read More “FERC Lets MVP Restart Work on 25% of Pipe; MVP Lays off ‘Thousands’”

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    PA DEP Gives ME2 Pipe OK to Restart Construction Near Philly

    Work on the Mariner East 2 and 2x pipelines in West Whiteland Township, Chester County (near Philadelphia) stopped in May following a Public Utility Commission (PUC) administrative law judge’s highly questionable ruling (see Antis Get Lib Judge to Shut Down All Mariner East Pipes, Dems Rejoice). The PUC overruled the judge in early August, allowing most work to restart in West Whiteland–in all but four locations (see PA PUC Allows ME2 Pipeline Work to Restart Near Philly). The remaining four locations involve underground horizontal directional drilling (HDD) work that has led to sinkholes. Yesterday the PA Dept. of Environmental Protection announced they have reviewed two of the four remaining locations and say revised plans submitted by Sunoco Logistics Partners (the builder) look good to them. That is, Sunoco can restart construction in those two locations as soon as the PUC gives them the go-ahead. The DEP is now reviewing the final two locations. Seems as if we’re fighting for every single inch to finish this project…
    Read More “PA DEP Gives ME2 Pipe OK to Restart Construction Near Philly”

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    Cuomo Pipe Policies Put Thousands of Union Members Out of Work

    The U.S. Senate Environment and Public Works Committee held a hearing yesterday 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 that authority to block pipeline projects (see US Senate Bill Fixes States Blocking Pipelines via Water Permits). One of the people testifying at yesterday’s hearing was Brent Booker, the secretary-treasurer of North America’s Building Trades Unions. Brent represents some 3 million (!) union workers. He spoke passionately about the damage that has been done by NY Gov. Andrew Cuomo in blocking new pipeline projects. Because of Cuomo’s actions, literally thousands of union workers (Democrat voters) are now out of work–people who could have been working all along but aren’t because Cuomo is abusing the federal Clean Water Act’s Section 401 to politically block new fossil fuel pipelines…
    Read More “Cuomo Pipe Policies Put Thousands of Union Members Out of Work”

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    Fed Judge Revives Obama Waters of US Tragedy in 26 States

    U.S. District Judge David Norton

    Just when you thought we were making progress in reversing some of the cancerous regulations imposed by Lord Obama, up pops a swamp-dwelling judge (appointed by George H.W. Bush, George the 1st) to reinstate the idiotic “Waters of the United States” (WOTUS) regulation in 26 states. In May 2015, Obama’s radical Environmental Protection Agency (EPA) along with the Obama U.S. Army Corps of Engineers (USACE) released a finalized rule clarifying what WOTUS means vis a vis what can be regulated under the federal Clean Water Act (see EPA Power Grab: Redefines Waters of the U.S. to Include Everything). Essentially the rule change redefined everything down to mud puddles (and no, we’re not exaggerating) as being subject to the federal Clean Water Act. It was yet another attempt to bring oil and gas regulation under the purview of the federal government, a violation of the U.S. Constitution. We won’t recount the history of lawsuits and counter lawsuits that ensued. We’ll only tell you that in January the U.S. Supreme Court entered the fray by determining which courts can hear lawsuits regarding WOTUS (see U.S. Supreme Court Changes Jurisdiction for WOTUS Challenges). In February, then-EPA Administrator Scott Pruitt (we’re sorry he’s now gone) suspended the existing WOTUS until two years from now when a new WOTUS will be ready (see EPA Director Scott Pruitt Suspends Obama WOTUS Rule). The swamp-dwelling, Bushie U.S. District Judge David Norton threw that out and reinstated WOTUS. It’s OK for Obama and his droids to take the law into their own hands, but when another administration comes in and wants to wash away the stain of overregulation, that’s not OK. We call that protecting the swamp…
    Read More “Fed Judge Revives Obama Waters of US Tragedy in 26 States”

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    NY Judge Overrules DEC, Allows Gas-Fired Plant to Start Up

    A new hope has emerged for Competitive Power Ventures (CPV) Valley Energy Center, a $900 million, 680-megawatt natural gas-fired electric generating plant in Orange County, NY. Last week MDN told you that at the last minute, four days before the plant was set to start up, the Andrew Cuomo-corrupted Dept. of Environmental Conservation (DEC) pulled the ultimate dirty trick and refused to renew an air permit for the plant they previously issued five years earlier (see Cuomo Strikes Again: Blocks Completed Gas-Fired Plant from Starting). The DEC now says the plant will need a different (federal) air permit before it can start up, effectively blocking it. As we told you in a followup article, the DEC’s dirty trick left CPV with three options (see 3 Options for Blocked NY Marcellus-Fired Electric Plant). Option #2 in our list was to ask a judge to overturn the DEC’s decision (our preferred option). CPV exercised that option and yesterday the judge agreed and shut down DEC’s ability to stop the plant from starting up, which will now happen this week or early next week. Great news! However, the judge’s order is temporary, while a larger lawsuit works its way through the court system. In the meantime, CPV will start the plant, a victory for the good guys. The best part? PA Marcellus fracked gas will feed it…
    Read More “NY Judge Overrules DEC, Allows Gas-Fired Plant to Start Up”

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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…
    Read More “Atlantic Coast Pipeline Asks FERC to Lift Stop-Work Order”

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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…
    Read More “PA Senate Bill Encourages Use of Conventional Brine on Roadways”

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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…
    Read More “FERC Rejects PennEast Pipe Rehearing Request – Antis Sue”

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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…
    Read More “Support Builds for Congress to Reign in States Blocking Pipes”

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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”