H&H Drilling in Upper Burrell Gets Final Approval, Raucous Crowd
Normally when you read about a raucous crowd at a public meeting dealing with shale gas, it’s raucous because of misbehaving antis. This time the shoe is on the other foot. Huntley & Huntley has plans to drill four shale wells in Upper Burrell Township (Westmoreland County), PA. As MDN reported in June, a landowner in Upper Burrell filed an appeal against Upper Burrell’s zoning ordinance that allows drilling in rural, agricultural districts (see Westmoreland Zoning Challenge Heads to Court, Delays H&H Drilling). H&H plans to drill a well near where the woman lives, and she’s arguing such drilling will violate the state’s environmental rights clause and “devalue her property.” The case was supposed to go to township’s Zoning Hearing Board, but all of the (many) lawyers involved agreed to instead move it to county court, making the process faster and less expensive. The same woman then sued the town claiming the town’s very right to issue conditional use permits in agricultural-residential districts is unconstitutional (see Frivolous Lawsuit Delays H&H Drilling in Westmoreland County, PA). Even though legal wrangling may prevent a final outcome any time soon, the town is moving forward anyway. The Upper Burrell Planning Commission voted two weeks ago to approve H&H’s drilling plans, passing it back to the board of supervisors for a final sign-off (see H&H Drilling Plan for Upper Burrell Still on Pause, Some Progress). Yesterday the supervisors voted–in favor of approving the wells. Supporters of H&H’s plan far outnumbered those against at the meeting–and they made themselves heard…
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Yesterday a three-judge panel from the US District of Columbia Circuit Court of Appeals tossed out the Sierra Club’s petitions challenging Federal Energy Regulatory Commission (FERC) authorization of three LNG export projects: Dominion Energy’s Cove Point LNG in Maryland, Cheniere’s Sabine Pass LNG in Louisiana, and Cheniere’s Corpus Christi LNG in Texas. As we said in a post on Oct. 3rd: “The Sierra Club lawsuit against all three projects challenges FERC’s approval of them, arguing the plants negatively affect the environment and will make Mom Earth sick. While no one expects these lawsuits to go anywhere, you never know, which is why it’s important to keep an eye on it” (see 
We chalk this one up as outrageous. The Pennsylvania Dept. of Environmental Protection (DEP) has just shut down further drilling for the Mariner East 2 Pipeline project at Snitz Creek in Lebanon County, PA–because of a “less than one gallon” spill of non-toxic drilling mud. Drilling mud is composed of bentonite–the same clay compound used in kitty litter, toothpaste and cosmetics. A spill of less than a gallon is NOTHING. It’s not even worth reporting. Yet Sunoco Logistics, the company drilling, was honest and reported the “inadvertent return” as it is called. And because Sunoco previously had another small spill at the same location, the DEP, bowing to pressure from radical environmental groups, has halted any further horizontal directional drilling (HDD) work at the Snitz Creek location. This is bizarre, but perhaps not unexpected. It all stems to a deal Sunoco made with the devil…
This story necessarily gets into the weeds of pipeline construction. But so you have the essential story line up front, this is it: On Monday Energy Transfer asked the Federal Energy Regulatory Commission (FERC) for permission to dump something called annular pressure monitoring (APM) when drilling underground (horizontal directional drilling, or HDD) for the Rover Pipeline–and on Tuesday FERC granted that permission. Here’s the slightly longer explanation. Rover is a $3.7 billion, 711-mile natural gas pipeline that will run from PA, WV and eastern OH through OH into Michigan and eventually into Canada. Early on, Rover had early missteps when using HDD to insert pipeline under things like rivers and roads. The most serious episode occurred when Rover drilling spilled 2 million gallons of non-toxic drilling mud in a swamp near the Tuscarawas River (in Ohio) back in April (see 
The Federal Energy Regulatory Commission (FERC) has just escalated a much-needed war with the CORRUPT, Andrew Cuomo-directed Dept. of Environmental Conservation (DEC) in New York. We won’t recount the entire history, but the DEC had arbitrarily, after more than one year of review, ruled against issuing a federal water crossing permit for a tiny 7.8 mile pipeline Millennium needs to build from its main pipeline to an electric generating plant under construction in Orange County. The power plant is due to be completed in early 2018–and needs a fuel supply. In a monumental decision, FERC overruled NY DEC in September (see 
Yesterday midstream and utility giant Dominion Energy issued their third quarter 2017 update. During an analyst phone call, Dominion CEO Thomas Farrell shared some great news regarding both the Cove Point LNG export facility and Atlantic Coast Pipeline (ACP). Farrell said Cove Point will “begin generating LNG” in November, “conclude commissioning” in December and be fully operational by the end of this year. Fantastic! In response to a question by an analyst about Atlantic Coast Pipeline, Farrell said he expects water permits from West Virginia, North Carolina and Virginia will all be issued by the middle of December. Again, fantastic! These two projects are HUGE with respect to the future of the Marcellus/Utica region. Christmas has come early this year. 🙂 Below is yesterday’s 3Q17 update for Dominion, along with the latest slide deck and select comments pulled from the analyst phone call…
Sunoco Logistics has been slapped down in a ruling by the Pennsylvania Public Utility Service (PUC) with respect to a valve station, part of the Mariner East 2 (ME2) pipeline project. In March, MDN told you about an attempt by liberal anti-pipeliners in West Goshen (Chester County) to block the ME2 project (see 
Several weeks ago 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 within 60 days. The proposed rule Perry proffered to FERC 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. It’s no surprise that the coal and nuclear lobbies are celebrating Perry’s action, and the oil & gas lobby along with electric grid operators, are not (see 
Yesterday EQT provided an update for both its drilling and midstream operations. On the midstream side, EQT had an interesting comment about it’s biggest project on the books–the Mountain Valley Pipeline (MVP). MVP is a $3.5 billion, 303-mile natural gas pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA. The Federal Energy Regulatory Commission (FERC) issued a final approval for the project two weeks ago (see 
This is the perfect illustration of how parts of state government, like the so-called Environmental Justice division of the Pennsylvania Dept. of Environmental Protection (DEP), get co-opted by Big Green groups. In 2015 then-Secretary of the DEP, John Quigley, “reactivated” the Office of Environmental Justice at the DEP to give poor folks and minorities an important new weapon to oppose shale drilling (see 
Several weeks ago 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 within 60 days. The proposed rule Perry proffered to FERC 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. It’s no surprise that the coal and nuclear lobbies are celebrating Perry’s action, and the oil & gas lobby is not. The largest grid operator in the U.S. is PJM Interconnection, which covers all or parts of DE, IL, IN, KY, MD, MI, NJ, NC, OH, PA, TN, VA, WV, and Washington, DC. The head of PJM has weighed in on the resiliency debate. He told FERC that Perry’s plan to prop up coal and nuclear is not necessary–that PJM is just fine without it…
It seems like since Donald Trump was elected, the far-left loons of the Democrat Party have become unhinged. Nowhere is that more apparent than New York State, with it’s corrupt governor, Andrew Cuomo. When it comes to oversight of the nation’s electric grid, and interstate pipeline infrastructure, the law is clear: The federal government, specifically the Federal Energy Regulatory Commission, is numero uno. Individual states cannot just willy-nilly decide they will horn in on how energy companies are incentivized–and they cannot use regulations to change the nature of power generation within their borders, because of the interconnected nature of electric power. Yet that is precisely what the lawless Cuomo is attempting to do in the Empire State. Via the NY Public Service Commission, Cuomo has set up a program called the Zero Emissions Credits (ZEC) program to subsidize nuclear power at the expense of fossil fuels, like natural gas. He’s trying to make it uncompetitive and expensive for natural gas to generate electricity in the state. An industry group sued to overturn ZEC, but a liberal judge for the US District Court for southern New York stuck up for Cuomo’s cockamamie plan (no surprise there). The case has been appealed and the Natural Gas Supply Association and American Petroleum Institute filed a friend-of-the-court brief supporting the appeal against ZEC. It’s a loooong brief–40 pages. We have it below…
Yesterday MDN told you about two different environmental “riders” snuck into the Pennsylvania Fiscal Code bill that is part of the annual state budget (now four months late). The riders have nothing to do with the budget or raising revenue. It’s a sleazy political ploy to pass unpopular measures that wouldn’t get passed on a standalone vote. One of the riders changes the terms of existing leases by allowing drillers to reactivate old/expired leases, either by restarting production or by drilling a new well if the landowner doesn’t object within 90 days of notification (see 
In August Energy Transfer’s Sunoco Logisitics unit struck a deal with the devil–the devil being the Philadelphia-based Clean Air Council, THE Delaware Riverkeeper and Mountain Watershed Association–in a move to lift a ban on underground horizontal directional drilling (HDD) for the Mariner East 2 NGL pipeline project (see 
On Monday, a bi-partisan group of 84 Members of Congress signed a letter addressed to Attorney General Jeff Sessions at the Department of Justice. The letter asks whether existing federal laws allow prosecution for criminal activity that threatens energy infrastructure and additionally, if attacks on energy infrastructure that threaten human life fall within the DOJ’s classification of domestic terrorism. The Congressfolks are tired of radicalized environmentalists who tip over into acts of vandalism, like burning holes through pipelines and destroying construction equipment–actions that happened in North Dakota last year, part of the “peaceful” Dakota Access Pipeline protests. The not-so-subtle message for the DOJ is that such acts should be considered domestic terrorism. Let’s call it what it is. The people who perpetrate these acts are not to be dismissed as overly enthusiastic but well-meaning, perhaps going an inch or two over the line. NO. They endanger the lives of innocent adults and children with their violent actions. They are to be considered terrorists and treated as such under the laws of the United States…
Last week the The Independent Power Producers (IPPs) of Ohio, Pennsylvania, and West Virginia wrote an official letter to the Federal Energy Regulatory Commission (FERC) detailing their objection to a proposed plan by the Dept. of Energy (DOE) to give special treatment to electric power generating facilities powered by coal and nuclear plants. The DOE recently ordered FERC to devise new market rules favoring coal and nukes on the premise they contribute to “grid resiliency.” The IPPs writing the letter in opposition represent at least 26 shale gas-fired electric plant projects across the three states, which will contribute $21 billion to those state economies and generate 20,000+ jobs. Below we have the letter sent to FERC by the IPPs. That letter prompted our friends at Energy in Depth to produce a list of the projects the IPPs are building (or have built) in the tri-state area. It is an impressive list. We liked it and grabbed it to share with the MDN audience…