Regulation

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    Despite Court Ruling, Atlantic Coast Pipeline Continues Construction

    In May MDN told you that the U.S. Fourth Circuit Court of Appeals had invalidated (vacated) a permit issued by the U.S. Fish and Wildlife Service that allows Dominion Energy’s Atlantic Coast Pipeline (ACP) to accidentally kill a few bats and bumble bees (classified as endangered) as it builds the massive $6.5 billion, 600-mile project from West Virginia to North Carolina (see U.S. Fourth Circuit Court Vacates Key Permit for Atlantic Coast Pipe). The Sierra Club and several other radical, far-left groups were behind the court case that led to the decision. However, as it turns out, the decision doesn’t really hurt the project all that much. The vacated permit isn’t so “key” after all. Of the 600 or so miles of pipeline getting built, the vacated permit from Fish and Wildlife only affects about 10 miles of pipeline (see Only 10 Miles of Atlantic Coast Pipeline Affected by Court Ruling). The radicals are back, not happy that only 10 miles of pipeline is idled for now. In a “but, but, but, but, but” request to the Federal Energy Regulatory Commission (FERC), the antis argue FERC should shut down the whole enchilada–because they don’t like having just 10 miles shut down. Meanwhile, Dominion keeps up steady-and-sure construction of the project. It’s getting built, even as you read this…
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    Quebec’s Utica Frack Ban Forces Junex to Merge with Cuda Energy

    Last week the Canadian province of Quebec announced it plans to commit fracking suicide (see Quebec to Ban Utica Shale Drilling, Most Other Drilling Too). Quebec’s announcement is a virtual death sentence for oil and gas companies in the province. How? By saying they will ban shale fracking, and by making drilling standards so tight for everyone that even conventional drillers will have a difficult, almost impossible time. We are already seeing the results of Quebec’s announcement. And the result isn’t pretty. Junex, a driller headquartered in Quebec with 1 million leased acres in the St. Lawrence lowlands (where there is Utica Shale), has just announced it is selling out to/merging with Cuda Energy, headquartered in Calgary, Alberta. It was either sell out/merge, or go out of business. Thanks Quebec! You’re so “business friendly” (NOT). Quebec is quickly becoming a pariah among all the Canadian provinces, like New York State is on the other side of the border…
    Read More “Quebec’s Utica Frack Ban Forces Junex to Merge with Cuda Energy”

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    ME2 Work in Lebanon, PA Halted for Spilling a Single Cup of Mud

    A single cup of drilling mud, bentonite, is nothing. It is beyond nothing. Bentonite is the clay-based compound used to make toothpaste, lipstick and kitty litter. It is completely non-toxic–it goes on and in the human body! And yet when underground drilling work restarted at Snitz Creek in Lebanon County, PA for the Mariner East 2 pipeline project, a single cup of drilling mud (bentonite) came out where it wasn’t supposed to (in the creek), so once again the whole shebang was shut down. Which we find crazy. What’s next–shutting down drilling when a tablespoon of drilling mud comes out? A teaspoon? Look, we get it. There have been other spills at Snitz Creek (see ME2 Construction in Lebanon County Stopped for 50 Gal Mud Spill). If a cup comes out, maybe it will be followed by a gallon coming out. And if a gallon comes out, maybe 10 gallons or even 50 gallons will follow. Immediately halting all underground horizontal directional drilling used to install the pipeline under Snitz Creek is an “abundance of caution” thing. But come on! So what if 10 or even 50 gallons comes out? It’s bentonite and its non-toxic! Spilling 50 gallons of the stuff in the creek is like spilling 10 bags of kitty litter in the creek. A few fish and salamanders might die. So what? That’s the price of progress. Here’s the crazy news that a single cup of drilling mud has once again stopped ME2 work in Lebanon County at Snitz Creek…
    Read More “ME2 Work in Lebanon, PA Halted for Spilling a Single Cup of Mud”

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    Looks Like WNY Coal-Fired Plant Will Never Convert to Gas/Reopen

    In 2013, a coal-fired electric generating plant near Buffalo, NY (in Dunkirk) was slated to be converted to burn natural gas–a win/win for everyone (see Dunkirk, NY Electric Plant Saved – Converting from Coal to NatGas). Radical environmentalists like the Sierra Club opposed it, but that’s to be expected. Everything seemed to be fine until a competitor hauled NRG, the plant’s owner, into court to dispute the change from coal to natgas. They objected to ratepayers kicking in $150 million for the project. NRG said fighting the case in court will take years, so they just closed down the plant instead (see Dunkirk, NY Coal-Fired Electric Plant Closing in January 2016). It was an economic nuclear bomb for that community. The Town of Dunkirk gets 40% of its tax revenue from that single plant! New York State “generously” shucked out $5.5 million so Dunkirk wouldn’t collapse economically. But doing that year after year will get old quick. Other communities can rightly demand state help too. But then the competitor who had objected to converting the old coal plant to natgas (with ratepayer assistance) dropped their objection, and NRG restarted the project in December 2016 (see Coal-to-Gas Plant Conversion in Western NY Back from the Dead). Once again, environmental lunatics would rather bankrupt Dunkirk than let the plant restart as a gas-fired plant. They lobbied the state Public Service Commission to block the deal. That didn’t happen, but what has happened is that because of the delays caused by NY and NRG’s competitor, NRG has to “restart” the project and along with that comes connection costs–the cost to reconnect the plant to the electricity grid. Estimated reconnect costs go as high as $115 million! The cost of “transmission upgrades” according to the NY grid operator. The cost to reconnect would be almost as much as the project cost itself, meaning there’s no way in Hades NRG will build it. So although antis couldn’t get NY to regulate the project out of existence, electric grid bureaucratic claptrap will keep it out of existence. Same result…
    Read More “Looks Like WNY Coal-Fired Plant Will Never Convert to Gas/Reopen”

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    DRBC, SRBC Castigated for Regulatory Overreach @ PA House Hearing

    The Pennsylvania House State Government Committee held a hearing yesterday on the “regulatory overreach” by the Delaware River Basin Commission (DRBC) and Susquehanna River Basin Commission (SRBC). The big guns came out and blew multiple holes in the DRBC and SRBC. One of the big guns was PA State Rep. Jonathan Fritz, who said the DRBC has become “dangerous, unaccountable, and rogue.” Never truer words were spoken! MDN friend Tom Shepstone was there (his testimony below), as was Betty Sutliff from Upper Delaware River Basin Citizens. Marcellus Shale Coalition president Dave Spigelmyer delivered a powerful condemnation of the DRBC, calling their proposed frack ban “absurd.” Not be left out, DRBC executive director Steve Tambini (a major disappointment in that role) tried to defend the indefensible. To his credit, at least he showed up. Here’s a rundown on what happened yesterday, the castigation of the DRBC and SRBC…
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    Antis Rally Near Philly to Permanently Shut Down ME1/ME2 Pipes

    PA State Sen. Andy Dinniman

    In May, anti-fossil fuel pipeline opponents finally found a single, liberal administrative judge to shut down the Mariner East 1 (ME1) NGL pipeline–a pipeline that’s been operating without any problems for more than a year (see Antis Get Lib Judge to Shut Down All Mariner East Pipes, Dems Rejoice). Sunoco Logistics Partners, the owner of ME1, and the builder of the Mariner East 2 (ME2) Pipeline project, appealed the judge’s decision to the full Public Utility Commission (PUC). A decision about the shutdown (whether to lift is) is due any time. In an attempt to pressure the PUC and Gov. Tom Wolf to *permanently* shut down ME1 and ME2, a group of 150 or so rallied near Philadelphia on Saturday. Something you should know: A total shutdown of ME1 and ME2 is not going to happen. But that doesn’t stop self-deluding nutters from trying. Inevitably the protesters are disappointed. They talk themselves into the fictional fantasy that a pipeline that has been fully permissioned and 98% done (ME2) will simply stop and not be allowed to finish construction and begin operations. They tell themselves they can get a pipeline with a perfect safety record (running for more than a year) permanently shut down. Ain’t gonna happen. But they tell themselves these things, over and over, convincing themselves. People like PA State Sen. Andy “Tony Soprano” Dinniman, recklessly feeds his kook nutbase these fantasies. Totally irresponsible. So they gather, as they did this past weekend, to protest and “demand” that the PUC shut down these projects. What will happen when the full PUC overturns the liberal judge’s biased decision? How will the protesters handle the defeat?…
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    2 Bills Affecting Utica Shale Head to Gov Kasich for Signature

    OH Gov. John Kasich

    A pair of bills recently passed the Ohio State legislature and have gone to Gov. John Kasich’s desk for his signature. Both bills affect companies in the oil and gas space, in particular those drilling in the Utica Shale. One bill, House Bill (HB) 430, tightens up the tax code, what is and what is not allowed as deductions for drilling companies. Ohio state auditors have taken advantage of unclear language to aggressively go after oil and gas companies over legitimate tax breaks they receive under Ohio law (to not pay taxes on equipment used directly in producing oil and gas). Lawmakers want to end the tax witch hunts by clearing up language. They did so back in 2016, but Kasich and Democrats successfully spun the issue as a “tax break” under which up to $264 million would have to be refunded to Big Oil. Total lie. But Kasich vetoed that bill and it died (see OH Gov Kasich Vetoed Misnamed ‘Tax Relief’ for Utica Drillers). The bill is back, in a different form, and sent to Kasich for a signature. Will he sign it this time? The second bill, House Bill (HB) 225, addresses the issue of plugging some of the estimated 600 orphan wells in the Buckeye State. HB 225 triples the amount of money set aside to cap orphan wells (money which comes from Ohio’s severance tax, paid for by oil and gas producers). The bill also “creates a more streamlined and efficient process for identifying and plugging” orphan wells. The amazing thing about HB 225 is that both Big Green groups and the drilling industry support it! We predict a quick signature on this one…
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    PA DEP Releasing Onerous New GP-5 & 5A Methane Regs June 8

    Last December the Pennsylvania Dept. of Environmental Protection (DEP) issued “draft final language” for the proposed General Permit 5A (GP-5A) and the revised General Permit 5 (GP-5)–regulations that supposedly will cut down on fugitive methane from escaping from drill pads and pipelines (see PA DEP Signals Onerous New GP-5 & 5A Methane Regs Coming 1Q18). The onerous regulations, which for now only apply to *new* sources (not existing) were originally prompted by bullying from the Obama Environmental Protection Agency. Even though EPA pressure disappeared under President Trump, PA Gov. Wolf is still pushing these onerous new regs. GP-5 applies to pipelines and compressor stations, while GP-5A applies to well pads and drilling. Following a flood of comments, the DEP tweaked the onerous regs yet again (for the third or fourth time), and in late March published yet another revised final final final final final version of the regs (see PA DEP Releases Draft Final GP-5 & 5A Methane Regulations). The DEP just announced they will issue the final final final final version of the revised regs on June 8, and two months later, on August 8, the new rules will officially go into effect–unless they delay it again…
    Read More “PA DEP Releasing Onerous New GP-5 & 5A Methane Regs June 8”

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    Quebec to Ban Utica Shale Drilling, Most Other Drilling Too

    It seems the Canadian province of Quebec has decided to ban pretty much all oil and gas drilling, which is a good news/bad news thing. The good news is that Quebec will have to import their hydrocarbons from other places–namely the Marcellus/Utica. The bad news is for Questerre, a Canadian driller who has patiently waited for years to begin drilling on their extensive Utica acreage in the St. Lawrence Lowlands of Quebec. Questerre thought they would begin drilling this year (see Questerre Plans 8 Initial Well Pads in Canadian Utica 2018-2019). Instead, Questerre is now hosed. In addition to a total frack ban, Quebec is instituting a “no drill zone” for conventional (non-shale) drilling of 1 kilometre (.62 miles) from municipalities, 300 metres (984 feet) from private residences, 550 metres (1,804 feet) from schools, hospitals or public buildings, and 200 metres (656 feet) from “ecotourism” sites. In other words, all drilling of any kind will be pretty much banned pretty much everywhere. Quebec is following in the footsteps of New York, where the hydrocarbon industry has been decimated by Gov. Andrew Cuomo. It’s a sad day for our Canadian cousins in Quebec…
    Read More “Quebec to Ban Utica Shale Drilling, Most Other Drilling Too”

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    Democrat FERC Commissioner Seeks to Block PennEast Pipe

    FERC Commissioner Richard Glick

    In January, the Federal Energy Regulatory Commission (FERC) voted 4-1 to approve the $1 billion, 120-mile PennEast Pipeline project that will stretch from northeast PA to the Trenton area of New Jersey (see FERC Grants Final Approval for PennEast Pipe – Real Battle Begins). Democrat FERC Commissioner Richard Glick (wind lobbyist, hand-picked by hyper-partisan NY Sen. Chuck Schumer), voted against approving the project. A number of Big Green groups filed a request for a “rehearing” of FERC’s decision to approve PennEast. FERC used a “tolling order,” which gives them longer than the statutory 30 days to respond, to play out the rehearing request. The use of tolling orders is the only way to get projects built these days. FERC has to play the game–put off saying “no” to these anti groups, because as soon as they tell them “no” to a rehearing request, antis then run to the courts and try to block the project there. Glick is siding with antis. He issued a statement last week once again trash-talking PennEast, and demanding FERC answer the groups rehearing request pronto so they can hurry like a bunny to the nearest Appeals court to try to stop PennEast…
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    PIOGA Consultant Remarks (Mis)Used to Promote 250% Shale Fee Hike

    We spotted a rather strange story (for us) on a major energy news service (Platts) that says, in so many words, that “the industry” says hiking the permit fee to drill a new Marcellus well in Pennsylvania by 250%–to $12,500–is no big deal. Which made our eyebrows go up. According to a long-time regulatory consultant for the Pennsylvania Independent Oil & Gas Association (PIOGA) quoted by Platts, “I don’t think it’s [the 250% fee hike] going to make or break people’s decisions” as to whether or not to drill. Hmmm. That’s not the feedback we’ve heard others, like the Marcellus Shale Coalition, say on the record. The same article quotes PIOGA President Dan Weaver saying, “We haven’t developed an official statement, but we definitely don’t agree with it [the fee hike]. We feel that we pay enough fees as it is.” So what’s going on here? Does the industry, as represented by PIOGA, think this fee hike is nuts (as we do)? Or does PIOGA think the fee hike is okey dokey? We contacted Dan to ask about the consultant’s comments and got an interesting response…
    Read More “PIOGA Consultant Remarks (Mis)Used to Promote 250% Shale Fee Hike”

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    Penn Twp Frack Ban Decision Now in Hands of Local Judge

    Last November we updated you on a lawsuit filed by a group of anti-fossil fuelers in Penn Township (Westmoreland County), PA (see Penn Twp Ninny Nannies File Lawsuit to Block Apex, H&H Wells). A group calling themselves Protect PT, backed with money and legal help from Big Green group PennFuture, filed a lawsuit to try and stop Apex Energy and Huntley & Huntley (H&H) from drilling wells in the township. A Westmoreland County judge heard some testimony in the case in April (see Penn Twp Antis Try to Use PA ERA to Block Shale Drilling). The peril with Protect PT’s lawsuit is that it uses Pennsylvania’s so-called Environmental Rights Amendment (ERA), which liberal PA judges have, in recent years, breathed new life into. The argument is that fracking denies those who live near this temporary activity their “right” to enjoy Mom Nature, therefore it should be banished forever. Protect PT is attempting to pull off a total frack ban in the Penn Township. Although the judge heard testimony in April, more was given this week. All testimony is now done and the case rests with the judge. We expect whoever loses will appeal. Below is a recap of the case and the testimony given this week…
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    PA House Passes Bill Exempting Conventional Drillers from Shale Regs

    In March, two identical bills were introduced, one in the PA Senate, the other in the PA House, that would “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 bills are in response to coming changes proposed by leftist Gov. Tom Wolf to over-regulate conventional drillers. Big Green didn’t waste any time opposing the bills, spinning them as a lessening of environmental protections in a letter to legislators (see Big Green Opposes Bill to Relax Regs for PA Conventional Drillers). The big news is that the House’s version of the bill, HB 2154, passed yesterday by a vote of 111-84. The issue now swings to the Senate (SB 1088), where its future is more uncertain. Let’s assume the Senate passes SB 1088 (a really big assumption). Lefty Gov. Tom Wolf is vehemently against it and will veto the bill when it hits his desk–so says one of his top lieutenants. It’s not clear if there would be enough votes in the Senate (or House) to override a Wolf veto. Hey, we’re still hopeful, but in all honesty, this legislation faces an uphill battle…
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    Westmoreland Town Votes to Overturn Restrictive Shale Ordinance

    Elections have consequences, including local elections. Here’s a story that caught our eye because it’s so unusual (“man bites dog” type of story). Donegal Township in Westmoreland County (southwestern PA) is a rural township: population 2,465 people living in 42 square miles. There was some Marcellus well drilling in the town several years ago, but after WPX plugged wells in the town (see WPX Plugging 9 Wells in Westmoreland County, PA), we find no actively producing wells nor any permits to drill new wells, according to the forthcoming Marcellus & Utica Shale Upstream Almanac 2018 (due out later this week!). Even so, most residents support more Marcellus development. We base that on this observation: A previous town board passed a restrictive zoning ordinance, aimed at blocking shale drilling. Donegal had no zoning ordinance of any kind before the board passed one (last year? year before?). Opponents to the ordinance got themselves elected to the board last November and last Tuesday night voted 4-1 to repeal the zoning ordinance put there by the previous board. According to one of the new board members, tossing out the zoning ordinance “will be helpful to the residents because they’ll have more freedom.” What a breath of fresh air!…
    Read More “Westmoreland Town Votes to Overturn Restrictive Shale Ordinance”

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    Trump Makes Rare Wrong Move – Protects Coal & Nuke Plants

    We admire President Trump and the job he’s doing–and aren’t afraid to say so publicly. However, we don’t always agree with his decisions and policies. This is one of those times. In fact, we strongly disagree with a new Trump policy. President Trump has decided that the nation’s electricity grid, in order to be “secure” and not vulnerable to outages, needs to have a diversity of sources producing electricity. Even if those sources (coal and nuclear) are no longer economic. Natural gas, and to a far less degree, renewables like wind and solar, are replacing both coal and nuclear power plants. The gas is abundant, it’s cheap, it burns clean and just makes sense. Yet powerful lobbying interests for coal and nuclear have convinced Trump that without their higher-priced electricity in the mix, the country is somehow threatened. That’s bunkum. Last Friday, President Trump ordered Dept. of Energy Secretary Rick Perry to “prepare immediate steps” to stop the coal and nuke plants from retiring. That is unfortunate. Obama picked energy winners and losers. Fossil fuels like coal were targeted for extinction by Obama. Now, Trump is doing the same thing but in reverse. By propping up coal and nuclear, he will make electricity far more expensive for everyone. The right answer here, as it always has been, is to let the free market work…
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    PA Supreme Court Rules on Gorsline Zoning Case – Mixed Decision

    Not long after the Pennsylvania legislature passed the Act 13 Marcellus Shale drilling law in 2012, signed into law by then-Gov. Tom Corbett, seven selfish towns sued, claiming they should have the right (via zoning laws) to determine just where an oil and gas well can be located within their borders. The challenge was brought by rabid anti-drillers and appealed all the way to the PA Supreme Court, where unfortunately the antis won (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). What the antis didn’t think about was the fact some towns may decide to exercise their newly-won rights to allow wells, instead of prohibit them. Whoops. Guess they didn’t see that one coming. A town in Lycoming County decided to allow a shale well on property zoned residential/agricultural (i.e. farming country) by using a “conditional use” permit. Anti-drilling Big Green groups, including PennFuture, THE (arrogant) Delaware Riverkeeper, and the Peters Township gang (none of which are from mid-PA where the town is located) sued to deny the town the right to exercise its Act 13 authority to allow a shale well. The case, Brian Gorsline v. Board of Supervisors of Fairfield Township (Gorsline is an avowed anti-driller), was appealed to the PA Supreme Court and in March 2017 (over a year ago!) the Supremes heard oral arguments (see Gorsline Zoning Case Argued Before PA Supreme Court Justices). Last Friday the Supremes came down from Mt. Olympus to issue their ruling–and they ruled (4-3) against the town and for the antis. However, before you jump to any conclusions and before you believe headlines from Big Green supporters trumpeting their “victory,” you need to know this: the decision potentially makes it harder (not easier) for antis to stop drilling in the future. We’ll explain…
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