Regulation

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    New Bill Would Force PA DEP to Work WITH the Marcellus Industry

    Pennsylvania State Rep. Brian Ellis (Republican from Butler County) introduced House Bill (HB) 1960 on Jan. 5. The bill, known as the “State Agency Regulatory Compliance Officer Act,” would create a new Regulatory Compliance Officer position in each state agency, including the Dept. of Environmental Protection (DEP). The new Compliance Officer would have the authority “to block an agency from imposing fines and penalties for violations and to rewrite the policies under which fines and penalties are imposed.” The aim of the bill is to force all PA state agencies (including the DEP) to work *with* the people and companies they regulate. It would create a different mindset–instead of “gotcha” enforcement of regulations, it’s aimed at making it easy to comply with regulations. The bill states this in its opening lines: “(1) It is the purpose of this act for agencies to work collaboratively with, instead of acting punitively towards, regulated communities. (2) Agencies should strive to make the regulations which the agencies administer and enforce as clear and easily navigable as possible for regulated communities. (3) In administering a regulation, an agency’s primary goal should be to ensure compliance rather than to exact punishment.” Those who love Big Government don’t like this bill. Will this bill go anywhere? Who knows! What the bill indicates to us is that at least some legislators (Republicans) in Harrisburg are listening and “get it.” What do they get? That PA has developed a reputation for burdensome regulations and if the state wants the Marcellus miracle to continue, and grow, things need to change at the DEP. A $83.7 billion investment by China in neighboring WV’s shale/petrochemical industries should be a bright, red slap across every PA legislator’s face. Wake up! If you don’t fix the DEP, quickly, you’ll lose PA’s Marcellus momentum to someone else…
    Read More “New Bill Would Force PA DEP to Work WITH the Marcellus Industry”

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    Work on Mariner East 2 Continues Following “Stop Work” Order

    Last week MDN reported the news that the Pennsylvania Dept. of Environmental Protection (DEP) has suspended all construction work on the Mariner East 2 Pipeline (ME2) project until further notice (see PA DEP Caves to Big Green Pressure, Stops All Work on ME2 Pipeline). However, all doesn’t necessarily mean all. A Chester County, PA anti’s celebration of the stop work order came crashing down when she noticed that work was still happening in an area located near her home. How can this be?! It seems the DEP’s statement that “all construction must stop” means “all construction which the DEP permits and authorizes must stop,” which can be further defined as “anything that disturbs the ground.” If the work involves digging, shoveling, etc., it’s stopped. But there’s still plenty of work that can continue–work that is not permitted by the DEP, including welding pipes together. That’s what’s happening at the site in Chester County–and local antis desperate to stop ME2 are mad and discouraged that Sunoco Logistics Partners continues to keep at least some of their workers busy while the company works to get full construction activity restored…
    Read More “Work on Mariner East 2 Continues Following “Stop Work” Order”

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    Jessup Town Board Continues Effort to Stop Gas-Fired Elec Plant

    We don’t know how many times we have to keep ringing the bell–this is a five-alarm situation! Wake up! A group of Democrats elected to the Jessup, PA Borough Council (Scranton suburb) are actively trying to block the completion of the state’s largest natural gas-fired electric generating plant–the first phase of which will be ready to go online in a little over a month. A bunch of ninny nanny antis didn’t like that they couldn’t stop the project, so they used money and help from Big Green groups last November to launch successful campaigns to defeat incumbent Council members who voted to authorize the Lackawanna Energy Center to be built by Invenergy (see Scranton Antis Get Political Revenge for Gas-Fired Power Plant). A new majority of anti-power plant radicals took office last week and wasted no time in attempting to slow (or stop) the project (see New Town Board Tries to Stop Nearly-Done Gas-Fired Plant in Jessup). Yesterday, Jessup Council members voted unanimously to hire the same attorney used by Big Green group Delaware Riverkeeper, Jordan Yeager, to “investigate” a request by Invenergy to flush 56,000 gallons of heated water (used to cool the plant) per day down the municipal sewer system. Council voted, unanimously, to pay Yeager and another attorney from the same Big Green law firm $225 per hour for their “expertise” in reviewing Invenergy’s request. No doubt the new council members are hoping Yeager can figure out a way to deny Invenergy’s request and perhaps kill the plant–or at the very least delay the project as long as possible. That seems to be the strategy here. Why else would Jessup Council hire a Big Green lawyer like Yeager? This is NOT a good faith effort to work with Invenergy, as some Council members pretend. It is a bad faith effort to screw Invenergy and stop the plant…
    Read More “Jessup Town Board Continues Effort to Stop Gas-Fired Elec Plant”

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    Hand Wringing in PA Following FERC Rejection of Coal/Nuke Subsidies

    Pennsylvania legislators (Democrats and RINOs) who were banking on the federal government to “fix” the problem of the free market are panicking after the Federal Energy Regulatory Commission rejected DOE Sec. Rick Perry’s so-called Grid Resiliency Pricing Rule that would tip the scales in favor coal and nuclear energy, keeping unprofitable electric generators in business longer (see FERC Rejects Trump DOE Plan to Favor Coal & Nukes re Electric Grid). The PA legislators are panicking because nuke and coal plants in the state may now shut down much sooner than expected. To be fair, those plants employ a number of good people–and we hate to see anyone lose a job. But the fact is new gas-fired plants are taking their place, and those new gas plants generate good jobs too. The legislators were hoping the feds would do something, and since the feds aren’t doing anything, that means the problem now bounces back to the individual states, including PA. There’s a lot of hand wringing around Harrisburg. To which we say, relax! Marcellus Shale gas has got your back. Most of the noise about this issue comes from those who own the dinosaur/dying facilities. They don’t really give a flip about “grid reliability.” They only care about their own businesses and seek crony capitalism to prop up the bottom line. FERC made the right decision. PA legislators need to get a grip. This is not the end of the world…
    Read More “Hand Wringing in PA Following FERC Rejection of Coal/Nuke Subsidies”

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    Our Favorite Govt Agency, EIA, Gets New Leader: Dr. Linda Capuano

    Dr. Linda Capuano

    Our favorite government agency, the U.S. Energy Information Administration (EIA), now has a new Administrator. President Trump has appointed Dr. Linda Capuano to the position. She began her new job yesterday. Capuano was, until her new job at EIA, a fellow in energy technology at the Baker Institute Center for Energy Studies. She was also on the faculty of Rice University’s Jones Graduate School of Business, where she taught operations strategy for the executive MBA program. EIA is about as non-political of an agency as you can find in Washington, DC. We’re sure she will keep it that way. EIA needs to be apolitical because they publish critical information on energy–both its production and use. There’s no room in cold, hard data for political gamesmanship. We religiously follow the EIA’s monthly Drilling Productivity Report (see the most recent edition here: EIA Dec ’17 Drilling Report: New Year to Begin in Record Territory). Please join us in welcoming Dr. Capuano to this very important position…
    Read More “Our Favorite Govt Agency, EIA, Gets New Leader: Dr. Linda Capuano”

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    FERC Rejects Trump DOE Plan to Favor Coal & Nukes re Electric Grid

    On September 29, U.S. Energy Secretary Rick Perry sent a letter to the Federal Energy Regulatory Commission (FERC) directing the agency to complete action on a “Grid Resiliency Pricing Rule”–ostensibly within 60 days. The proposed rule Perry proffered, sometimes referred to as the Notice of Proposed Rulemaking (NOPR), would put in place regulations that favor electric generating plants powered by coal and nuclear. That is, it would allow unprofitable ventures to pass along new costs, making them profitable–in the name of protecting the electric grid. The theory Perry (and by extension President Trump) subscribe to is that if the free market drives out coal and nuke plants, the electric grid would be “vulnerable” to far fewer sources to power it. If coal and nukes are all but gone, and all of sudden there’s a natural gas shortage, or prices spike for natural gas, it would endanger the electric supply in this country. On one side of the argument are those who believe the free market sometimes needs a helping hand (via regulation), and on the other those who believe the free market will sort it all out and we are not vulnerable. The incoming/new chairman of FERC, Kevin McIntyre, asked for an extension so he and another new FERC member could take a little time to do a proper review (see Kevin McIntyre Sworn in as 5th FERC Commissioner, New Chairman). The review is done and yesterday all five FERC commissioners voted unanimously to reject Perry’s Grid Resiliency Pricing Rule. However, as a consolation prize, FERC launched an effort to formally canvas electric grid operators, compelling them to respond with details of their plans for grid resiliency. It’s a small bone to coal and nuclear, but a bone nonetheless…
    Read More “FERC Rejects Trump DOE Plan to Favor Coal & Nukes re Electric Grid”

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    DRBC Schedules More Freak Shows on Proposed Frack Ban Regulation

    In September, MDN told you that the obsequious members of the Delaware River Basin Commission (DRBC) had slavishly obeyed their radical environmental masters by voting to move forward with a permanent ban on fracking in the Delaware River Basin (see DRBC Votes Tomorrow on Permanent Frack Ban Resolution). The final ban language/regulation was dropped like a bomb by DRBC staff on Nov. 30 (see DRBC Drops Permanent Frack Ban Bomb – Public Hearings in January). In dropping their bomb, the DRBC said (with no proof) that fracking “poses significant, immediate and long-term risks” to the waters in the basin. Then they declared, by fiat, that “High volume hydraulic fracturing in hydrocarbon bearing rock formations is prohibited within the Delaware River Basin.” However, they also said (in the fine print) that water from the Delaware River Basin can be used by frackers in other locations–which sent antis like THE Delaware Riverkeeper into apoplectic shock. The DRBC announced they would allow public comment, via written communication, through Feb. 28. They also planned four public hearings (i.e. freak shows) to allow antis the opportunity to parade before the microphones and make jerks of themselves (we’ve seen it many times). Antis said three months wasn’t enough time to crank up the form letter machine nor is it enough freak show opportunities (see Enviros Tell DRBC Not Enough Freak Shows Scheduled on Frack Ban). True to form, the DRBC has, once again, caved to the only constituency they listen to: anti-drillers. Yesterday the DRBC announced they will extend the public comment period from Feb. 28 to Mar. 30, and they will add another two freak show public hearings to the roster…
    Read More “DRBC Schedules More Freak Shows on Proposed Frack Ban Regulation”

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    PA DEP Adopting New Rules for Gas Wells Located Near Coal Mines

    In December, the Pennsylvania Dept. of Environmental Protection (DEP) released “interim final technical guidance” (i.e., new regulations) for drilling Marcellus Shale natural gas wells in areas where there is longwall coal mining. Sometimes drillers want to lease and drill under coal mines. Since coal mines sink large holes in the ground, there are existing guidelines in place for how closely an oil/gas well can be drilled on or under a coal mine–guidelines put in place in 1957. As a result of legislation passed in 2011 called Act 2, a review was conducted to see if the standards for oil/gas drilling near coal mines might be modified, allowing such drilling to happen in conditions not currently allowed. A study was performed and in January 2017 the DEP rejected that study–preferring to keep a default ban on any drilling under coal mines for the time being (see PA DEP Rejects Revisions to Regs re Drilling Near Coal Mines). Since that time the DEP has continued to work on the issue and has now produced guidelines it thinks can safely allow shale drilling under coal mines, at least in certain circumstances. The DEP issued their interim final guidelines back in December and will accept public comment until Jan. 31 of this year. After that, the DEP will make final tweaks and slap a “done” sticker on it. We have a copy of the interim guidelines below, which may affect some of our shale drilling subscribers…
    Read More “PA DEP Adopting New Rules for Gas Wells Located Near Coal Mines”

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    Shale Wastewater Treatment Plant Planned for Potter County, PA

    A new shale wastewater treatment facility that works in tandem with a local sewage treatment plant may be on the way in Coudersport (Potter County), PA. Epiphany Water Solutions, via a subsidiary company called Epiphany Allegheny, filed for a permit to build a centralized water treatment facility in Coudersport in July 2017. The initial application with the Dept. of Environmental Protection (DEP) was deemed “incomplete”–so Epiphany filed again and this time the application was complete. The DEP will hold a Jan. 16 public hearing in Coudersport to gain local resident’s input on the facility. This is not the first we’ve heard of Epiphany. They were one of four winners of the Ben Franklin Institute’s Fifth Annual Shale Gas Innovation Contest in 2016 (see 4 Winners Bag $80K at 5th Annual Shale Gas Innovation Contest). Epiphany started life as a company with a mission to pioneer the use of solar technology to desalinate water so people in poor countries have safe drinking water. Laudable goal. However, Epiphany found they actually need to turn a profit and pay bills first–and their technology works equally well for the oil and gas industry. CONSOL Energy (now CNX Resources) was an early backer and user of their technology. JKLM Energy, owned by Buffalo “Marcellus” Bill’s owner Terry Pegula and with active drilling in Potter County, needs a better way to dispose of frack wastewater. So Pegula turned to Epiphany and Epiphany is working with the Coudersport Area Municipal Authority (CAMA) to make it happen…
    Read More “Shale Wastewater Treatment Plant Planned for Potter County, PA”

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    Bill Introduced to Fix PA DEP’s Extreme Delays Issuing Permits

    Last year the pressure was intense to pass a severance tax in Pennsylvania to help fill a budget gap. The severance tax issue in PA is a political football–a promise made by current Gov. Tom Wolf to pay off teacher’s unions in Philadelphia for voting him into office. During the budget machinations, traitorous Republicans in the PA Senate caved to pressure and in July passed a budget bill that hikes taxes on lots of things, including a severance tax (see Traitorous PA Senate Republicans Pass Severance Tax Bill). As part of the Senate’s misguided and mangled budget bill, Republicans slipped in fixes to the state Dept. of Environmental Protection’s chronic delays in issuing permits related to shale drilling (see PA Senate’s “Olive Branch” of “Relaxed Regulations” for Drillers). As we said at the time, the writing was already on the wall–Democrats would lobby to remove the DEP fix and leave the severance tax. The DEP fix (surprisingly) continued in further revisions to the budget plan–until October, when the DEP fixes came out (see Latest PA Budget Bill Drops Fix for Slow DEP Permit Reviews). Although the fix came out, the severance tax came out too and was never passed (thank God for small miracles). But problems remain for Marcellus drillers. Delays are long in the Keystone State when it comes to permits for shale wells. The problems need to get fixed. So PA House Rep. Greg Rothman (Republican from Cumberland County) has just introduced a standalone bill to fix the problem. Predictably, enviro nuts and Democrats are lining up to oppose the fix…
    Read More “Bill Introduced to Fix PA DEP’s Extreme Delays Issuing Permits”

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    Was PA DEP Justified in Shutting Down All ME2 Pipe Construction?

    The news that the Pennsylvania Dept. of Environmental Protection (DEP) has suspended all construction work on the Mariner East 2 Pipeline project until further notice continues to reverberate (see PA DEP Caves to Big Green Pressure, Stops All Work on ME2 Pipeline). MDN has taken some heat for our implication that the main reason for the shutdown is pressure from radical Big Green groups. While we maintain our view is not incorrect, we also don’t want to leave the impression that there aren’t problems that need to be addressed with ME2 construction. There are. And the DEP is right to address them. What we DO take issue with is a complete shutdown of ALL construction. If the underground horizontal directional drilling (HDD) work is the primary issue, shut that down–but not all construction, including trench work. At any rate, we spotted a story about a landowner in Cumberland County who says his private water well was fouled when ME2 construction began–and it’s still not right. Below is his story as an example of what the DEP *should* be paying attention to…
    Read More “Was PA DEP Justified in Shutting Down All ME2 Pipe Construction?”

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    SRBC Facts Expose DRBC Lies with Respect to Fracking

    The difference between the Susquehanna River Basin Commission (SRBC) and Delaware River Basin Commission (DRBC) with respect to the issue of shale drilling is striking. The SRBC wisely knows it is not charged with regulating oil and gas drilling within their borders. They are charged with (and do a great job of) managing the water resources within the basin. On the other hand, the DRBC is populated with ultra-liberals who disregard Constitutional law and have taken it on themselves to simply ban shale drilling within their basin. A court case is now playing out that will slap the DRBC back into its proper role. The DRBC claims the water that flows through the basin provides drinking water for 15 million people, including New York City. The SRBC provides drinking water for 4.1 million people. If fracking really does “harm” the environment–specifically water resources–you would think with thousands of Marcellus wells drilled in the SRBC area something would have shown up long ago. But it has not–which exposes the lies being used to try and stop fracking in the DRBC area. In December Penn State University’s Marcellus Center for Outreach and Research entered the lion’s den–by giving a presentation and answering questions at a meeting of the Upper Delaware Council, held in Narrowsburg, NY. David Yoxtheimer from MCOR compared the SRBC to the DRBC and used science to debunk many of the wild claims heard in DRBC’s efforts to ban fracking. While Yoxtheimer’s presentation was by-the-book and based on science (he’s not a combative guy), there’s no missing the fact that he obliterated the anti-fracking arguments put forth by the DRBC…
    Read More “SRBC Facts Expose DRBC Lies with Respect to Fracking”

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    FERC’s Vital Role as Referee in Building NatGas Pipelines

    The current cold snap and resulting high prices for natural gas in New York City and Boston are happening for one simple reason: lack of pipelines. In particular, as we pointed out yesterday, much of the blame can be laid at the feet of New York’s corrupt governor, Andrew Cuomo (see New England Can “Thank” NY Gov. Cuomo for Sky High NatGas Prices). Cuomo, using his lackeys at the state Dept. of Environmental Conservation, has blocked numerous important pipeline projects from entering NY from PA. Those pipelines can/would provide more natural gas for New Yorkers, AND provide more gas to other states, the New England states. Instead of paying $10-$15/thousand cubic feet (Mcf) for natural gas, New York and Boston are paying up to $175/Mcf and $105/Mcf respectively. It’s insane! The Federal Energy Regulatory Commission (FERC) was created to oversee authorization and construction of pipelines that cross state lines–specifically to prevent a single state (like NY) from blocking a pipeline that will benefit other states (like the New England states). We often read the flat-out lie that FERC is a rubber stamp for pipeline companies because in all of its history it’s only reject two pipeline projects. That’s just not true. Pipeline projects are submitted and FERC will tell the builder “make this change or that change, or you don’t get a permit”–and the changes get made. Or the pipeline company simply withdraws the project from consideration. A proper understanding of FERC and its role is crucial to the ongoing debate about whether states like NY can/should be allowed to destroy opportunities for other states. Writing in the Houston Chronicle, the president of the Iroquois Pipeline, Jeff Bruner, gives us a proper understanding of FERC and its vital role…
    Read More “FERC’s Vital Role as Referee in Building NatGas Pipelines”

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    PA DEP Caves to Big Green Pressure, Stops All Work on ME2 Pipeline

    We suppose it was bound to happen sooner or later. The Pennsylvania Dept. of Environmental Protection (DEP) has caved to intense pressure from a cabal of Big Green groups and has told Sunoco Logistics Partners to suspend all work on the $2.5 billion Mariner East 2 (ME2) NGL pipline–from one side of the state to the other. Just yesterday MDN told you about the mounting pressure on the DEP to halt ME2 work, particularly work on underground horizontal directional drilling (see Big Green Says ME2 Pipe Violating Settlement; DEP Turns Up Heat). The shrill voices of Democrat Gov. Tom Wolf’s left flank were so shrill he couldn’t ignore them any longer, hence this action. The DEP in its order said construction will be halted, “until Sunoco can demonstrate that the permit conditions can and will be followed.” So there’s no particular time frame for when Sunoco can resume work–it will be up to the arbitrary gut feeling of the DEP. However, DEP does offer some criteria for when construction may be able to resume. Work can resume IF Sunoco satisfies the terms outlined in DEP’s order, including, but not limited to: (1) Address all impacts to private water wells in Silver Spring Township, Cumberland County; (2) Identify all in-progress or upcoming construction activities and detail the specific Chapter 102 and Chapter 105 permit under which the activity is authorized; (3) Submit a detailed Operations Plan outlining additional measures and controls to minimize inadvertent returns. In essence, the DEP is saying Sunoco has willfully violated the permits (and previous settlement) in constructing ME2, and they (DEP) have had enough. The DEP’s action immediately throws thousands of pipeline workers out of jobs across the state–thank you Tom Wolf and DEP. Big Green groups, including the odious Clean Air Council of Philadelphia, pounced on the DEP announcement, saying the agency should not just suspend construction, but CANCEL it. That has been their aim all along. These pressure groups want to stop the ME2 project cold. End it. Kill it. Finish it off. The DEP isn’t ready to grant that particular wish–yet. However, the suspension is certainly not good news for the project nor for thousand of families who will now have to make do with unemployment checks…
    Read More “PA DEP Caves to Big Green Pressure, Stops All Work on ME2 Pipeline”

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    It’s Time We Stop Missing the Point About the Mariner East Pipes

    Yesterday the Pennsylvania Dept. of Environmental Protection suspended all work on the Mariner East 2 NGL Pipeline project (see today’s lead story, PA DEP Caves to Big Green Pressure, Stops All Work on ME2 Pipeline). The project has been vigorously opposed by antis in the greater Philadelphia area from the beginning. Their opposition stems from a deeper philosophical preference to end the use of fossil fuels. Last September, MDN editor Jim Willis had the pleasure of meeting and talking with Garland Thompson at the Shale Insight event in Pittsburgh. Garland, who lives in Philly, has written for the Career Communications Group of publications, including US Black Engineer & Information Technology, Hispanic Engineer & IT, and their siblings Woman of Color and Science Spectrum, for many years. He’s covered the shale revolution for those publications since 2008–before MDN began writing about it! Jim had an interesting conversation with Garland, about the need to educate folks, particularly the folks in the greater Philly area, about the benefits of pipelines. Springboarding on yesterday’s news, Garland has written a great opinion piece pointing out that opposition to the Mariner East pipelines (plural) is misguided and shortsighted. Garland builds a case for why everyone in the Philly region should want to see these important projects get built…
    Read More “It’s Time We Stop Missing the Point About the Mariner East Pipes”

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    FERC Launches Review for for Transco “Gateway Expansion Project”

    In November Williams filed an application with the Federal Energy Regulatory Commission (FERC) to upgrade certain facilities in New Jersey along Williams’ mighty Transco Pipeline (see Williams Files FERC Appl for Transco “Gateway Expansion Project”). The $85 million project, called the Transco “Gateway Expansion Project,” will flow an extra 65,000 dekatherms per day (or 65 million cubic feet) of natural gas to a couple of utility companies that have already signed on the dotted line as customers. The upgrades include a new compressor unit at Transco’s existing Compressor Station 303 in Essex County, NJ, a new valve and electric transformer also in Essex County, and equipment upgrades at a metering station in Passaic County, NJ. Both PSEG Power and UGI Energy Services have signed up to receive the extra gas–to be distributed to their customers in the region. On Tuesday FERC announced it has launched an environmental review of the project–the first step in approving such a project. FERC is accepting comments on the project through February 2nd…
    Read More “FERC Launches Review for for Transco “Gateway Expansion Project””