Regulation

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    Massachusetts Backdoor Pipeline Ban Sailing Thru Legislature

    One of the way pipeline companies afford to invest billions of dollars to build pipelines is via long-term contracts from would-be users of that pipeline. In Massachusetts, Spectra Energy (now a part of Enbridge) brokered deals with utility companies to provide them with cheap, clean-burning Marcellus/Utica natural gas. In order for those utilities to afford it, they would need to pass along some of the cost of building the pipeline to reach them. Wait, what? Electric customers would have to pay for a natural gas pipeline? Well, yes! Because the new, cheaper gas would produce electricity at a lower cost, thereby lowering their monthly electric bills. They benefit, directly, from such a pipeline. However, radical leftists took that arrangement to court and in August 2016 the Massachusetts Supreme Judicial Court ruled utilities could not pass along costs for pipelines to electric customers (see MA Supreme Court Ruling Endangers New England Gas Pipelines). For a variety of reasons, with that decision being one of the biggest, Spectra/Enbridge later decided to mothball plans for their pipeline project, in June of this year (see Enbridge Withdraws $3B Access Northeast Pipeline Application). The Massachusetts legislature is full of lefties, and they don’t want to leave anything to chance–that maybe in the future such a deal will come around again. So a pair of bills are now sailing through the legislature will make it permanently illegal for utilities to pass along the cost of pipelines to electricity customers. In essence, it’s a backdoor move to ban any more pipelines from getting built in the Bay State…
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    Plum, PA Officials Hold Hearing on New Restrictions for Fracking

    Nearly a month ago, local officials in Plum, PA (Allegheny County) approved a plan by Huntley & Huntley (H&H) to drill a series of Marcellus wells in their municipality (see Plum, PA Gives Huntley & Huntley Green Light for Shale Drilling). At that time, we told you about H&H plans to begin constructing a well pad in Plum in November (see Huntley & Huntley Starts Shale Drilling in Plum, PA Next Month). Plum’s leaders faced stiff opposition from some residents over their decision to conditionally approve H&H’s request. In Plum, fracking is allowed in any zone if a conditional use is granted. That’s what happened last month–the Plum Council issued a conditional use exception for H&H to drill on 92 acres near Coxcomb Hill Road in Plum. Fearing more requests will come from H&H, Plum officials have floated a proposed change to zoning ordinances (ordinances which haven’t been updated since 1993). The new change would only allow fracking in rural residential and industrial zones. H&H says the change is too restrictive. Some antis think it doesn’t go far enough. Last night Plum held a hearing about the proposed changes, with some 100 people showing up. According to press accounts, the crowd was about evenly split, for and against the proposed zoning changes. Here’s how it went down…
    Read More “Plum, PA Officials Hold Hearing on New Restrictions for Fracking”

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    DC Court Forces “Emergency Stop” of Atlantic Sunrise Pipeline Work

    The arrogance of Big Green was on full display yesterday as they rushed to stop the Atlantic Sunrise Pipeline project project and silence lawfully permitted work. In response to a lawsuit filed by the worst of the worst (the Sierra Club) on Oct. 30th, a liberal court in the District of Columbia yesterday slapped the Atlantic Sunrise project with an emergency stop work order–for the entire project. Work had already begun to lay pipe on the property of Catholic nuns in Lancaster County, PA. The nuns call themselves Adorers of the Blood of Christ. We call them Sisters of the Corn (you can read why here). The Sisters have allowed themselves to be used to oppose the Atlantic Sunrise project by a radical professor from Lancaster County, Mark Clatterbuck, someone who engaged in the North Dakota Access Pipeline protests (protests that turned violent). Clatterbuck enlisted the help of his Big Green buddies in the Sierra Club to try and litigate to stop the federally and legally approved project last week (see Sierra Club Asks Fed Court to Stop Atlantic Sunrise Construction). Yesterday we told you that Williams, the builder, was building at the site of the Sisters first because of the involvement of Clattberbuck and Big Green interference–get the hard part done first (see First Atlantic Sunrise Pipe Gets Buried on Nun Property). We were grinning that pipeline on the Sisters’ property would be the first to be laid and buried in the ground, likely done this week. Today the grin is wiped off our face, we must confess. It’s so sad to see egregious abuses of our legal system like this. We expect the stop work order for the project will be temporary–perhaps a few weeks. But one never knows. The DC Circuit Court of Appeals is looking at the question of whether the Federal Energy Regulatory Commission was correct in approving the project in the first place last February…
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    Landowner Fight to Overturn DRBC Frack Ban Goes to Fed Court Today

    The lawsuit filed by a Wayne County, PA landowner against the egregious overreach by the Delaware River Basin Commission (DRBC) to stall/delay/block any shale drilling within the Basin takes a very important step forward today. It’s a step feared by the DRBC and radical groups like THE Delaware Riverkeeper–because this case has the real potential to neuter the DRBC’s claim it can block shale drilling in the watershed. In March, MDN reported that U.S. District Judge Robert Mariani ruled against the Wayne Land and Mineral Group in a lawsuit that challenged the right of the DRBC to stop fracking in the Delaware River Basin (see Judge Tosses Wayne County, PA Landowner Lawsuit Against DRBC). At first blush it may seem like a setback for landowners in Wayne and Pike Counties (in PA) who have been denied the right to lease and allow drilling under their land for the past 10+ years. But looks can be deceiving. As we pointed out in our article, if you read the judge’s decision, he harpoons all of the DRBC’s legal arguments, but in the end rules against the landowner. Why? Because the judge wanted to send the case to a higher court for an ultimate decision–the 3rd Circuit Court of Appeals. In June, the Wayne Land and Mineral Group filed their brief with the 3rd Circuit (see Wayne County Landowner Files Brief in Case Against DRBC Frack Ban). Today, oral arguments will be heard in what we sincerely hope is the beginning of the end of the DRBC’s illegal frack ban…
    Read More “Landowner Fight to Overturn DRBC Frack Ban Goes to Fed Court Today”

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    Driller of 1st Illinois Shale Well Says No Thanks, Too Many Regs

    In June, MDN brought you the news that the very first application to drill a shale well in Illinois had been made (see Application Filed to Drill/Frack 1st Shale Well in Illinois). Woolsey Operating Co., headquartered in Kansas, filed a high volume horizontal hydraulic fracturing (HVHHF) application with the Illinois Dept. of Natural Resources (IDNR) to drill a well in the New Albany Shale layer in the state. On August 31st the IDNR issued the permit. Why is fracking in Illinois of interest for MDN readers? A significant portion of our natural gas shale production is already flowing to the Midwest via the Rockies Express (REX) pipeline, Rover Pipeline, and when it gets built, the NEXUS Pipeline. While a single shale well in Illinois is no competitive threat to our region, if the well proves a commercial success and more wells follow, we may get some competition. Hence our interest in this story. However, it looks like there’s no reason to be worried. When IDNR issued their permit for the well, they larded it up with so many regulations and conditions, Woolsey has said (our words), “No thanks, you can keep it.” Last week Woolsey sent a letter to IDNR asking to be “immediately released” and for the permit to be withdrawn…
    Read More “Driller of 1st Illinois Shale Well Says No Thanks, Too Many Regs”

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    Enervest Pushes for Co-Tenancy in West Virginia

    In August MDN told you the West Virginia Oil & Natural Gas Association (WVONGA) plans to push, once again, for what MDN calls forced pooling lite in the next session of the legislature scheduled for early 2018 (see WVONGA Makes Plans to Push Forced Pooling Lite in 2018). Forced pooling legislation in West Virginia has been put forward five times in the past seven years–and each time it has failed to win enough votes in the WV legislature. This year, WVONGA changed tactics and renamed forced pooling as co-tenancy and joint development (see WV Won’t Push Forced Pooling, Will Push Joint Dev. & Co-Tenancy). The West Virginia Surface Owners Rights Organization refers to co-tenancy as “majority rules” and joint development as “invisible ink” (see Another Look at WV’s Co-tenancy & Joint Development Proposals). EnerVest, a shale (and conventional) driller with considerable acreage in West Virginia recently contributed a editorial to the Charleston Gazette-Mail which unsurprisingly supports WVONGA’s push–at least for co-tenancy. The article doesn’t mention joint development, but since the two are tied together in a single bill, we assume they also want to see joint development. Below is (once again) a brief explanation of the two concepts, along with EnerVest’s editorial/reasons for why the Mountain State needs them…
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    PA’s Inept Government is Holding Back the Marcellus Shale

    MDN is pleased to bring you another guest post from our very good friend Chris Acker. Chris is MDN editor Jim Willis’ right arm when it comes to scanning for stories, something Jim is profoundly grateful for. Chris is a geological engineer with an MBA. He grew up in the oil fields of Venezuela where his father, a petroleum engineer, was a drilling contractor for all the major players, onshore and off. Chris’ interest in energy economics and policy found him working for Exxon, Petroleum Industry Research Associates and Petroleos de Venezuela. He bought a parcel of land in the PA countryside twenty-five years ago and later semi-retired to work on antique pianos (see www.PianoGrands.com). A few years ago, it was found that Chris’ property in Susquehanna County sits atop one of the Marcellus shale’s most prolific areas. He leased with Cabot Oil & Gas and has a well sitting off his front porch not more than 200 yards away. Chris is now happily engaged once again in energy economics, with an emphasis, naturally, on gas. He splits his time between Montrose, PA and Savannah, GA. Chris’ two “home states” of Pennsylvania and Georgia recently got him thinking–comparing and contrasting what he sees in both locations–which led him to pen the following guest post that takes aim at PA’s inept (Chris’ word) state government and how it is mismanaging the biggest gift it has received in generations: the Marcellus Shale…
    Read More “PA’s Inept Government is Holding Back the Marcellus Shale”

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    OH EPA Director Manipulates Atty General to Sue Rover Pipeline

    The director of the Ohio Environmental Protection Agency (EPA), Craig Butler, continues to go off the rails with a major grudge against Rover Pipeline (see Ohio EPA’s Craig Butler Goes Nuts, Demands $2.3M from Rover Pipe). Using his position and the power of his agency, Butler has now convinced Ohio’s wishy washy Republican Attorney General, Mike DeWine, to sue Rover “for polluting state waters while constructing a natural gas pipeline across Ohio.” Which is, of course, nonsense. Yes there have been some spills of drilling mud. It happens. Yes, one of them was totally unacceptable (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). However, using the mighty power of the entire state to sue a private company because Butler has an ego trip and wants to shake down the Rover project for millions is unacceptable. It’s time to fire Craig Butler. Below is the AG DeWine’s brief statement, a copy of the sham lawsuit DeWine filed late last week, and a response from Energy Transfer Partners, the builder of Rover…
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    PA Landowners “Furious” Over Royalties, Backdoor Lease Changes

    An off-hand comment by a Pennsylvania Gov. Wolf staffer has landowners in northeast PA hopping mad–and with good reason. Speaking on the topic of PA landowners getting screwed out of royalty payments by drillers deducting inflated post-production costs (sometimes sending royalty statements where landowners OWE the drillers money!), Wolf deputy policy director Sam Robinson said this: “I think there was a crescendo of that kind of claim in 2015 to 2016…There’s been real movement in a positive direction on that issue.” Really? Not according to Bradford County Commissioner Doug McLinko and National Association of Royalty Owners (NARO) PA president Jackie Root. Not only is the issue not resolved, but the industry, under the prompting of EQT, snuck through an “environmental rider” in the recently passed-and-signed-into-law Fiscal Code bill (called Section 1610) that gives drillers a back door to reactivate old, non-producing wells after they have not been producing (and the lease considered terminated) under certain conditions (see PA Republican Senate Changes Lease Terms for Landowners). Far from moving in a “positive direction” as Robinson stated, landowners in PA are “furious” according to McLinko, and feel as if they have been “thrown under the bus” according to Root…
    Read More “PA Landowners “Furious” Over Royalties, Backdoor Lease Changes”

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    NFG 3Q17: Delayed Northern Access Pipe No Closer to Resolution

    Last week National Fuel Gas Company, headquartered in Western New York State with drilling subsidiary Seneca Resources and pipeline subsidiary Empire Pipeline, issued its fourth quarter (everyone else’s third quarter) 2017 update. In the accompanying analyst phone call, CEO Ronald Tanski blamed the delay of the Northern Access Pipeline project (delayed by the NY Dept. of Environmental Conservation) for lower earnings than the company would have otherwise realized. Thanks, business UNfriendly NY! You may recall in July NFG filed a lawsuit against the DEC for arbitrarily rejecting the project (see Northern Access Pipeline Court Case Further Threatens NY DEC). On the analyst call, Tanski said the case, filed in the Second Circuit Court of Appeals (in NY), will hold oral arguments on Nov. 16th. Tanski also said it’s “anyone’s guess” when NFG will get an answer about the project–either from the lawsuit or the Federal Energy Regulatory Commission (FERC). On the drilling front, Seneca Resources produced 40.4 billion cubic feet equivalent (Bcfe) last quarter, up a tiny 1% from the same quarter a year ago. After hedging, Seneca got $2.91 per thousand cubic feet (Mcf) for their gas–not too shabby. Below is the full update for NFG for last quarter (remember they also have a huge utility business, in addition to drilling and pipelines), along with excerpts from the analyst call and the latest slide deck…
    Read More “NFG 3Q17: Delayed Northern Access Pipe No Closer to Resolution”

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    DOJ Ends Probes into Chesapeake Royalty Practices, Land Deals

    In September 2016, Chesapeake Energy filed disclosure forms with the Securities and Exchange Commission which says the U.S. Dept. of Justice (DOJ), a number of states, and even the U.S. Postal Service have served the company with subpoenas for information (see Everybody Just Subpoenaed Chesapeake Energy for Everything). The filing indicated that Chesapeake had received DOJ, U.S. Postal Service and state subpoenas “seeking information on our royalty payment practices. In addition, we have received a DOJ subpoena seeking information on our accounting methodology for the acquisition and classification of oil and gas properties and related matters.” An enterprising investigative reporter with Reuters noticed Chesapeake recently filed another disclosure form with the SEC–to say that the DOJ has now ended what was a three-year probe into the company’s royalty payment and land purchase practices–ended without taking any action…
    Read More “DOJ Ends Probes into Chesapeake Royalty Practices, Land Deals”

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    FERC Clears 1 Bcf/d Rayne Xpress Pipe to Begin Service

    In January of this year, the Federal Energy Regulatory Commission (FERC) voted to approve and issue a certificate to Columbia Pipeine’s Leach XPress and Rayne XPress pipeline projects (see FERC Approves $1.8B Leach & Rayne XPress Pipeline Projects). The two projects work together to move Marcellus/Utica gas all the way to the Gulf Coast. The Leach XPress project involves construction of approximately 160 miles of natural gas pipeline and compression facilities in southeastern Ohio and West Virginia’s northern panhandle, flowing 1.5 billion cubic feet (Bcf) of gas all the way to Leach, Kentucky (hence the name). Rayne XPress works hand in glove with Leach. There is an existing natgas pipeline from Leach, KY all the way to the Louisiana Gulf Coast. That pipeline is called the Rayne, for Rayne, LA. The Rayne Xpress project beefs up the Rayne pipeline with new compressor stations to add an additional 1 Bcf per day of capacity–Marcellus and Utica Shale gas capacity that will flow to the Gulf Coast. Both projects are scheduled to go online this month. Leach XPress isn’t ready yet, but Rayne XPress is. Yesterday FERC granted Columbia Pipeline (now owned by TransCanada) permission to begin flowing gas along Rayne–Marcellus/Utica gas–all the way to the Gulf Coast…
    Read More “FERC Clears 1 Bcf/d Rayne Xpress Pipe to Begin Service”

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    PA DEP Keeps Up Pressure on Mariner East 2 Pipe in Lebanon County

    The Pennsylvania Dept. of Environmental Protection (DEP) continues its quest to put Mariner East 2 (ME2) Pipeline construction under a microscope. Two days ago MDN told you that the DEP had issued a Notice of Violation (NOV) for ME2 work in Lebanon County, PA, for spilling LESS THAN 1 gallon of non-toxic drilling mud (see PA DEP Shuts Down ME2 Drilling in Lebanon, PA for 1 Gal Mud Spill). Because it was the second spill at that location (the first being ~50 gallons), DEP shut down horizontal directional drilling at the Snitz Creek site. The DEP is back, riding ME2 for all they’re worth, with another NOV in Lebanon County. This one is because the DEP “observed sediment flowing into an unnamed tributary of Killinger Creek in South Londonderry Township.” If a body of water is large enough to be called a creek (something that runs year-round), it gets named. If a body of water isn’t even that big, it’s called an unnamed tributary–a body of water that may or may not flow year-round. We call it a drainage ditch. At any rate, DEP says Sunoco Logistics and their contractor building the pipeline in that area woulda/shoulda/coulda stopped a little dirt from washing down that drainage ditch if they had only used “best practices for controlling erosion.” Here’s the latest view under the microscope…
    Read More “PA DEP Keeps Up Pressure on Mariner East 2 Pipe in Lebanon County”

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    US Senate Votes to Confirm Final 2 FERC Commissioners

    In July, President Trump nominateed Kevin McIntyre, co-leader of the global Energy Practice at the Jones Day law firm, as the fifth (and final) FERC commissioner (see Pres. Trump Finally Nominates Kevin McIntyre to FERC, as Chairman). At that time, Trump also signaled he will make McIntyre chairman of the commission. Previously to that, Trump had nominated Richard Glick–a Chuck Schumer Democrat pick. McIntyre and Glick are the final two Commission members, rounding out a full compliment of five. Trump had previously nominated (later confirmed and now serving) Neil Chatterjee and Rob Powelson. It took the swamp dwellers in the Senate from July until November, but yesterday afternoon the Senate finally confirmed McIntyre and Glick. As soon as they are sworn in, McIntyre will take over the Chairman role from Chatterjee who has been serving in that role as a placeholder (doing a good job, we might add). One of the key issues ahead for all five commissioners is what to do about DOE Sec. Rick Perry’s “save coal and nuke energy” plan. Two of Trump’s picks, Chatterjee and Powelson, already disagree on what to do about Perry’s proposal (see Trump’s FERC Commissioners Disagree on Grid Reliability Plan). Here’s how it went down with the Senate vote to approve McIntyre and Glick…
    Read More “US Senate Votes to Confirm Final 2 FERC Commissioners”

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    WVDEP Reverses, Waives Water Permit for Mountain Valley Pipeline

    Hold on or you might get whiplash. In March, the West Virginia Dept. of Environmental Protection (WVDEP) issued a federal water crossing permit for the 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 (see WV DEP Grants Mountain Valley Pipeline Water Crossing Permit). In June, a group of profoundly radical “environmental” organizations (Sierra Club, West Virginia Rivers Coalition, Indian Creek Watershed Association, Appalachian Voices and Chesapeake Climate Action Network) filed a lawsuit in the U.S. Court of Appeals for the Fourth Circuit against the WVDEP for doing their job issuing the permit (see Radicals File Lawsuit Against WV DEP for Approving MV Pipeline). Because of the pressure of that lawsuit, the WVDEP caved and reversed their decision in September, rescinding (called “vacating”) the permit for MVP (see Trouble for Mountain Valley Pipe: WV DEP Withdraws Water Permit). The WVDEP said they will “re-evaluate the complete application to determine whether the state’s certification is in compliance with Section 401 of the federal Clean Water Act.” Just two weeks ago the 4th U.S. Circuit Court of Appeals upheld WVDEP’s decision and granted the agency’s motion to invalidate the previous certificate they granted the project (see Court Backs WVDEP Move to Cancel Permits for Mountain Valley Pipe). Yesterday, in yet another 180 degree about face, WVDEP announced it has “lifted the suspension” of the MVP stormwater permit–and that the agency has decided to waive the permit, MVP has no need to get it before beginning construction. It appears newly-minted Gov. Jim Justice, still in his first year, put a branding iron to the backside of WVDEP. Hold on to your cowboy hat! MVP is on the way to getting built in the Mountain State…
    Read More “WVDEP Reverses, Waives Water Permit for Mountain Valley Pipeline”

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    Tetco’s Access South, Adair Southwest Pipes OK’d to Begin Service

    In August 2016, the Federal Energy Regulatory Commission (FERC) issued a favorable environmental assessment (EA) for three Spectra Energy projects: Access South, Adair Southwest and Lebanon Express. The three are part of an expansion of the Texas Eastern Transmission (Tetco) pipeline (see FERC Approves 3 Spectra Energy Pipe Projects in Marcellus/Utica). The three are part of an expansion of the Texas Eastern Transmission (Tetco) pipeline, owned by Spectra Energy, which is now owned by Canadian midstreamer Enbridge. The combined projects will transport an additional 662,000 dekatherms per day (or 662 million cubic feet, or Mmcf) of Marcellus and Utica Shale gas from Pennsylvania to Ohio, Kentucky and Mississippi. In December 2016, FERC issued a final approval (see FERC Issues Certificates for 3 Spectra Energy Pipe Projects in M-U). Since that time Spectra/Enbridge has been busy building. Lebanon Express, which was renamed Lebanon Expansion, went into service in August. Access South and Adair Southwest are now ready to begin flowing. On Tuesday, FERC gave Tetco permission to begin partial service on the two systems, which will begin pumping (for now) 416 Mmcf/d of Marcellus/Utica gas to new markets. Which will make Rice Energy and Range Resources happy–they’re the two companies reserving all of the increased capacity the upgrades will bring…
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