More on Unintended Consequences for Pipelines from Trump Tax Cut
As we reported last week, President Trump’s marvelous tax cut has had some unintended (negative) consequences for pipeline companies (see Trump Tax Cut has Unintended Consequences for Pipeline Projects). Trade groups and some states are pressuring the Federal Energy Regulatory Commission (FERC) to force pipeline companies to cut the rates they charge customers in light of the Trump tax cut. The corporate tax rate is going from 35% down to 21%. When pipelines file rate cases for how much they will charge customers to flow gas (or oil or whatever else) through the pipeline, part of the calculation for what FERC allows them to charge is based on profitability. Since pipeline companies will now be a whole lot more profitable (tax payments going down), the customers using those pipelines want the rates recalculated to reflect the savings. In other words, they want part of the tax savings too. But the pipeline companies say they have duly signed contracts in place. You can’t just rework a single portion of those contracts with the sweep of a pen. What about other components in the contract that are used in calculating prices? In some (many?) cases pipeline companies have borne *increased* costs that are not passed along to customers. If the customers (mainly utility companies) want FERC to adjust rates now, based on the Trump tax cut, they may not like how those rates get adjusted considering all the other factors that could/should be changed. Maybe they’ll go up instead of down! As we said last week, a trouble is brewing between utilities and the pipelines that feed them. Here’s more background and insight into the brewing trouble…
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In January, MDN reported that Mountain Valley Pipeline (MVP)–a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA–had received permission from the Federal Energy Regulatory Commission (FERC) to begin tree clearing and construction of access roads and construction yards in five West Virginia counties: Wetzel, Harrison, Doddridge, Lewis and Braxton counties (see 
Last week MDN brought you the news that Sunoco Logistics Partners had agreed to pay a massive (historically high) $12.6 million fine to the PA Dept. of Environmental Protection (DEP) for “permit violations related to the construction of the Mariner East 2 pipeline project” (see 
The efforts by radical environmental groups like THE Delaware Riverkeeper and PennFuture to try and shut down the Marcellus industry in Pennsylvania never stop. Like ocean waves that continue to crash into the shoreline, Riverkeeper and PennFuture constantly, regularly, launch new initiatives aimed at hassling, slowing, stopping and reversing the Marcellus industry. Sometimes (often) their efforts are focused on filing frivolous lawsuits. Sometimes it’s a publicity stunt/protest. And sometimes they take aim at regulatory bodies, like the PA Dept. of Environmental Protection (DEP). It is that last one that is the focus of a new campaign to stifle the Marcellus industry. Every three years the DEP conducts a review of water quality standards. Riverkeeper and PennFuture have put the call out to their radical faithful to inundate the DEP with public comments (due by Feb. 16) to create new regulations that will “protect” PA streams “from impacts like brine gas drilling wastewater” and “road salt applications in the winter”–perfectly safe salt that comes from processed wastewater. In other words, this is yet another attempt to shut down the drilling industry by neutering its ability to properly dispose of brine wastewater…
On Monday, President Trump released a $200 billion infrastructure plan that he hopes will generate $1.5 trillion in funding with states, local governments and the private sector. The ambitious plan aims to improve roads, bridges, airports, drinking water and wastewater systems, waterways, water resources, brownfields and Superfund sites, energy, rural infrastructure, public lands, and veterans’ hospitals. Compare Trump’s brass tacks get-it-done plan to Obama’s long-forgotten “shovel ready” B.S. plan. Trump knows how to get things done. Part of the infrastructure plan would speed up the permitting process for pipelines by removing Congress from the approval process for pipelines to cross national parks. Which, of course, has enviro lefties in a panic. Predictably, Democrats panned the plan. After all, they couldn’t get the job done, so they couldn’t possibly support someone from the other party who CAN get the job done. Below are the details of Trump’s “get it done” infrastructure plan, along with a Reuters story about how the plan (if adopted) may spur new pipeline projects. Reuters theorizes this plan may, among other things, remove recalcitrant states like New York from having a role in approving pipeline projects. Perhaps Trump’s plan can revive the Constitution Pipeline project!…
Today a co-tenancy bill is due for a vote by the full House of Delegates and from there will get sent on to the WV Senate. Co-tenancy is NOT forced pooling. It is legislation that will give a majority of rights owners in a property the authority to sign a lease on behalf of all the rights owners. In WV there are often multiple rights owners listed for a property–sometimes 200 or more rights owners for a single piece of property! It is often difficult, if not impossible, to track them all down and get them all to sign on the dotted line. Co-tenancy corrects that situation. In the current bill, House Bill (HB) 4268, if 75% of the rights owners agree to lease the property for oil and gas drilling, that’s “good enough.” The bill will open up more Marcellus and Utica acreage to be drilled. As we previously reported, almost everyone is in favor it, including landowner groups (see 
Limiting fracking to an impossibly small 150 acres (out of 12,620 acres) that make up Monroeville–a mere 1% of the acreage–is not enough of a ban for radical antis in the municipality of Monroeville (suburb of Pittsburgh). They want it all banned–every single centimeter. The only problem with that is the Act 13 law, passed in 2012, requires each municipality to allow drilling in at least one zoned area. But hey, disobeying the law isn’t a problem for antis–they do it all the time. They are anarchists by nature. Last October, Monroeville Council passed a temporary ban on oil and gas well drilling everywhere except for those areas marked M-2 industrial zoning–a big change (see 
In October 2017, local officials in Plum, PA (Allegheny County) approved a plan by Huntley & Huntley (H&H) to drill a series of Marcellus wells on a single well pad in their municipality (see 
In what can only be considered a government shakedown, Sunoco Logistics Partners has agreed to pay a massive (historically high) $12.6 million fine to the PA Dept. of Environmental Protection (DEP) for “permit violations related to the construction of the Mariner East 2 pipeline project.” The fine, along with a “stringent compliance review” going forward, gives the DEP enough confidence to allow Sunoco to resume construction on the ME2 project, which has been halted since January 3rd (see 
Last week National Fuel Gas Company (NFG), headquartered in Western New York State which operates drilling subsidiary Seneca Resources and pipeline subsidiary Empire Pipeline, issued its first quarter 2018 (everyone else’s fourth quarter 2017) update. Via Seneca Resources, NFG drills wells in northcentral and northwestern PA. Via Empire Pipeline, they build and maintain hundreds of miles of pipelines. NFG wants to add to their pipeline portfolio by building the Northern Access Pipeline–a $455 million project with 97 miles of new pipeline along a power line corridor from northwestern PA up to Erie County, NY. Northern Access would allow Seneca to drill new wells in an area currently pipeline “constrained.” However, Northern Access construction has been blocked by the corrupt NY Dept. of Environmental Conservation (see 
One of the primary ingredients in fracking is sand–a special kind of very fine sand called silica. When silica gets airborne and into a person’s lungs, it’s not good news. Silica behaves like asbestos, with the potential to cause lung cancer. The shale industry is keenly aware of it and takes steps to ensure workers are not exposed. The federal Occupational Safety and Health Administration (OSHA) developed a new rule for respirable silica (tiny tiny sand) that will go into effect for the shale industry in June of this year. We have the details below…
Looks like asking “Pretty please, with a cherry on top” (along with providing requested information) works! MDN previously told you that on Friday, the Federal Energy Regulatory Commission (FERC) asked Rover Pipeline for more information before FERC would allow the project to restart drilling under the Tuscarawas River (see