Regulation

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    PA Supreme Court Hears Arguments in EQT Wastewater Leak Case

    Buckle up while we explain the background for this story. In October 2014, the DEP fined EQT a whopping $4.53 million for a leaky wastewater impoundment in Tioga County, PA (see PA DEP Levies Biggest Fine Ever, $4.5M Against EQT). While EQT did not say there wasn’t a problem with leaks at the site, they did say the way the DEP calculated the fine is unreasonable and arbitrary. In fact, EQT says the DEP levied the fine and took EQT to court because a few weeks prior EQT had sued the DEP over a different matter–that is, sour grapes. EQT appealed the fine and the case all the way to the PA Supreme Court. In December 2015, the high court handed EQT a “procedural victory” by saying EQT has a point about the manner in which the DEP is calculating the fine (see PA Supreme Court Gives EQT “Procedural Victory” in $4.5M Fine Case). The Supreme Court sent the case back to a lower court, PA Commonwealth Court, for follow up work, and in January 2017, a three-judge panel ruled that the method the DEP currently uses to assess fines–by how many days pollution lingers, instead of by how many days the initial release of pollution lasted–is not legal nor common sense (see EQT Wins Court Case Against PA DEP re $4.5M Wastewater Leak Fine). The judges said such a method in fining, “would result in potentially limitless continuing violations.” Under the old way of calculating fines, the DEP was considering upping the fine on EQT to an insane $157 million. Calculating it under the new way will mean a fine of around $120,000. Not long after that ruling, the Environmental Hearing Board, a special “court” set up to hear appeals of DEP decisions, decided to reduce the original $4.5 million fine down to $1.1 million (see PA Hearing Board Reduces EQT Fine from $4.5M to $1.1M). We thought that would be the end of it. But no! Both the DEP and EQT appealed the matter back up to the PA Supreme Court and yesterday the Supremes heard the case once again…
    Read More “PA Supreme Court Hears Arguments in EQT Wastewater Leak Case”

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    TransCanada Says FERC Approval for Mountaineer XPress May Slip

    In July 2017, the Federal Energy Regulatory Commission (FERC) issued a favorable final environmental impact statement (EIS) for both the Mountaineer XPress and Gulf XPress projects (see FERC Issues Favorable Final EIS for Mountaineer/Gulf XPress Pipes). Both projects are part of Columbia Pipeline Group (now owned by TransCanada), expansions of the Columbia Pipeline system. A favorable EIS means it’s a foregone conclusion that FERC will issue a certificate for the project to proceed–at some point. Mountaineer XPress includes 165 miles of new pipeline with approximately 2.7 billion cubic feet (Bcf) per day of transportation capacity from existing and future points of receipt along or near the Columbia pipeline system–most of it located in West Virginia. Gulf XPress consists of constructing seven new midpoint compressor stations along the existing Columbia pipeline system in Kentucky, Tennessee and Mississippi, with the aim of moving an additional 875 million cubic feet (MMcf) of Marcellus/Utica gas per day southward, to the Gulf Coast region. So far FERC has not given these two important Marcellus/Utica projects the final go-ahead. During TransCanada’s annual investor day webcast yesterday, Stan Chapman, president of TransCanada’s US natural gas pipelines business told investors (and the public) that although they had hoped for FERC approval by the end of this year, it’s now likely the approval will “slip into January”…
    Read More “TransCanada Says FERC Approval for Mountaineer XPress May Slip”

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    CELDF Ballot Measure Seeks to Ban Utica Shale in All of Ohio

    The ultra-radical group from Pennsylvania called the Community Environmental Legal Defense Fund (CELDF) is devoted to stirring up anarchy and lawlessness, not only in Pennsylvania but elsewhere, like Ohio. CELDF has launched a campaign to amend the Ohio State Constitution. Two CELDF ballot initiatives (full text below) would amend the Constitution to make it legal for local communities to usurp the state’s role in regulating oil and gas. We’ve written plenty about the CELDF, which is behind a number of bizarre lawsuits like the one claiming that an ecosystem is a “person” with rights (see CELDF Loses Case to Represent Ecosystem – Turtles Disappointed). One of the CELDF Ohio ballot initiatives would give ecosystems standing as people. Yeah, out there. CELDF hasn’t been able to get these kinds of ballot measures passed in Youngstown. They’ve tried and failed six times (see Youngstown, OH Frack Ban Ballot Measure Defeated for 6th Time). If they can’t get it passed once in a single municipality, what makes them think it will pass statewide? Who knows?! They obviously have money to burn and will do so in an effort to pass these two horrible amendments to the State constitution. The net effect of passing them would be to shut down Utica Shale drilling in many locations, and block pipelines in most locations. Passing these initiatives would bring chaos and disaster to the state. We seriously doubt Ohio’s politicians will let it happen–but then we just suffered through eight years of Barack Hussein Obama and a Congress that refused to make him obey the law. So anything can happen, which is why we’re raising the alarm. The unfortunate news is that Ohio’s Attorney General, a RINO, has “certified” both ballot initiatives. What that means is that if the nutters from CELDF get at least 305,591 signatures, the two initiatives will go on the ballot next November. Are there at least 305,591 whack jobs in the Buckeye State? We’re about to find out…
    Read More “CELDF Ballot Measure Seeks to Ban Utica Shale in All of Ohio”

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    Ohio EPA Continues Vendetta Against Rover Pipe, Demands HDD Stop

    In September MDN told you about Craig Butler, director of the Ohio Environmental Protection Agency (OEPA), that Bulter had gone off the rails on a power trip, claiming OEPA has the power to regulate the federally regulated Rover Pipeline project (see Ohio EPA’s Craig Butler Goes Nuts, Demands $2.3M from Rover Pipe). Butler is fining Rover for a string of some major, mostly minor drilling mud spills related to underground horizontal directional drilling (HDD). Earlier this month Butler fleeced the Ohio Attorney General into suing Rover (see OH EPA Director Manipulates Atty General to Sue Rover Pipeline). Like Captain Ahab obsessed with Moby-Dick, Butler continues his quest to stop Rover. Butler’s latest attempt is to “request” (i.e. demand) Rover stop all HDD work now under way because another drilling mud spill happened on November 16th. The latest spill (called an “inadvertent return”) was 200 gallons and ended up in the Black Fork Mohican River in Ashland County. For new MDN readers: drilling mud is bentonite clay–the same stuff used to make kitty litter, toothpaste and cosmetics. It’s nontoxic and perfect safe for the environment–unless there’s a lot of it, and then it can smother critters like salamanders and fish. But honestly, 200 gallons of it is NOTHING. Butler sent a letter to Rover and has also sent it to the Federal Energy Regulatory Commission (FERC) in yet another attempt to get FERC to halt all Rover HDD work…
    Read More “Ohio EPA Continues Vendetta Against Rover Pipe, Demands HDD Stop”

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    DRBC Lawyer Nearly Faints 2nd Time When Questioned by Fed Judges

    This is getting pretty old, fast. Two weeks ago MDN told you about a lawsuit that finally got it’s day in court–a case brought by a Wayne County, PA landowner against the Delaware River Basin Commission (DRBC) over its ongoing, 10+ year ban on fracking in the Delaware River Basin (see DRBC Attorney Faints in Federal Court During Questioning). Under “heaving questioning” the attorney for the DRBC fainted in the court room, ending the session that day. Both sides were back in court yesterday to finish what began two weeks ago, and the judges once again turned up the heat on the DRBC attorney–and he almost fainted again, having to sit down (delaying proceedings for a time). Every time this lawyer gets tough questions that he doesn’t like, he pulls this fainting routine. Is it legitimate? Does he have a “condition?” Frankly, we don’t care. His “condition”–if that’s what it is–keeps blocking justice. If he’s not up to the job, remove him. Get someone who can handle the pressure. At least the session yesterday finished. Oral arguments are now done. MDN friend Tom Shepstone listened to a recording of the session and filed a fantastic report, recounting the back and forth–and how the DRBC’s defense collapsed (metaphorically) under the sharp eye of the judges doing the questioning. The DRBC and its shill leader Steve Tambini (a MAJOR disappointment since he was appointed in 2014) were exposed yesterday as the obstructionists they are…
    Read More “DRBC Lawyer Nearly Faints 2nd Time When Questioned by Fed Judges”

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    FERC Approves WB Xpress Pipeline Across WV, VA

    The Federal Energy Regulatory Commission (FERC) on Friday granted final approval for Columbia’s WB Xpress pipeline project. In Jan. 2016, Columbia Pipeline Group (now owned by TransCanada) filed a full, official application with FERC for the $850 million WB XPress Project (see Columbia Pipeline Files to Build $850M WB XPress Project in WV/VA). WB XPress consists of two new compressor stations, 26 miles of pipeline replacement located along existing corridors (11.6 miles of it in Monongahela National Forest), and 2.9 miles of new pipeline in Virginia and West Virginia. The WB XPress Project will expand capacity of the Columbia Gas Transmission pipeline system in the region by 1.3 billion cubic feet per day (Bcf/d), linking Marcellus gas supplies to new markets. FERC issued a favorable environmental assessment for the project in March of this year (see FERC Gives Columbia WB XPress Enviro Thumbs Up). In September, the U.S. Forest Service gave their blessing (see WB XPress Pipeline Gets Important USDA Approval for Natl Forest). And now the fat lady has sung: FERC has issued a final approval for the project, meaning the next step is for construction to begin…
    Read More “FERC Approves WB Xpress Pipeline Across WV, VA”

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    Sunoco Continues to Rack Up ME2 Drilling Mud Spill Violations

    Sunoco Logistics Partners (part of and owned by Energy Transfer Partners) has had its fair share of “inadvertent returns” (i.e. leaks of drilling mud) while drilling underground for the Mariner East 2 pipeline project that stretches across the width of Pennsylvania. Some would say Sunoco has had more than its fair share of mud spills. Bear in mind that drilling mud is otherwise known as bentonite–the nontoxic clay mixture used to cool the drill bit as it chews away underground. Bentonite is the same chemical compound used to make kitty litter, toothpaste and all sorts of cosmetics. It’s totally safe for the environment–unless you spill a lot of it and smother little critters like salamanders and fishies. When installing a pipeline, you don’t just dig a trench across a roadway or dam up a creek or river. Instead, you use horizontal directional drilling (HDD) to dig under it. ME2 is some 350 miles long, so there are a number of places where HDD must be used. There are always small drilling mud spills, or inadvertent returns, associated with HDD work. However, Sunoco has had, at last count, 96 such instances (see the list below). Antis seek to make the most of each and everyone spill episode. The most recent such spill is associated with a sink hole believe caused by HDD drilling in Delaware County last week (see ME2 Drilling in Delaware Co. Creates Small Sinkhole, Antis Swarm). The PA Dept. of Environmental Protection (DEP) sent a notice of violation for last week’s mud spill (see it below). DEP officials admit they are somewhat overwhelmed with trying to keep an eye on the project and are considering “additional enforcement” actions against Sunoco LP for ME2…
    Read More “Sunoco Continues to Rack Up ME2 Drilling Mud Spill Violations”

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    Smith Twp Votes Down Plan to Expand MAX Bulger Marcellus Landfill

    In a disappointing development, the supervisors of Smith Township (Washington County), PA have voted to turn down MAX Environmental’s request to expand the Bulger landfill they operate in the town (see Marcellus Landfill in Washington Co. Seeks to Expand, Add TENORM). One of the primary customers for the landfill over the past 10 years has been the Marcellus industry–dumping drill cuttings (leftover dirt and rock from drilling) at the landfill. MAX intends to ask the PA Dept. of Environmental Protection for a permit to expand the Bulger facility by 21 acres. They also want to begin accepting technologically enhanced naturally occurring radioactive materials, or TENORM, from shale drillers. The first stop is, however, is to get local approval. The DEP wants to see local approval before they consider a state approval. Until now, the word coming from the supervisors is that they were duty-bound to approve the request, as long as “reasonable conditions” were made in the request. The town held several public hearings about the project. Apparently some local loudmouths got to the supervisors and spooked them. At a meeting last Thursday night the supervisors voted 3-0 against approving the request. MAX said they will wait to get the official document, expected today, before deciding on whether or not to litigate (an almost certainty)…
    Read More “Smith Twp Votes Down Plan to Expand MAX Bulger Marcellus Landfill”

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    USFS Approves Atlantic Coast Pipeline Thru 2 National Forests

    In January 2016 the Obama U.S. Forest Service (USFS) turned down a request from Dominion’s $5 billion Atlantic Coast Pipeline (ACP) project from West Virginia through Virginia and into North Carolina, to pass through two different national forests (see US Forest Service Blocks Atlantic Coast Pipeline in National Forests). USFS refused to grant Dominion a special permit to cross teeny tiny sections of the Monongahela National Forest (MNF) and George Washington National Forest (GWNF) in West Virginia and Virginia respectively. Why? Because of concerns about cow knob salamanders, northern flying squirrels and red spruce trees. Dominion and ACP bent over backwards, forwards and sideways to avoid running through cow nob salamander territory (see Dominion Files Pipeline Route Change to Avoid Salamanders, Swamp). But in the end, the Obamadroids at USFS didn’t like Dominion or their plan. However, there’s a new administration in office now. And with the new administration, USFS has reconsidered and last week granted ACP approval to traverse those teeny tiny sections of MNF and GWNF…
    Read More “USFS Approves Atlantic Coast Pipeline Thru 2 National Forests”

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    FERC Allows Rover to Use HDD in 4 More Locations, Incl Ohio River

    The Federal Energy Regulatory Commission last Thursday granted Rover Pipeline permission to resume horizontal directional drilling (HDD) at four more locations where it had been stopped. One of those locations is drilling under the Ohio River in the Majorsville area. Rover is a $3.7 billion, 711-mile natural gas pipeline that (will eventually) run from PA, WV and eastern OH through OH into Michigan and on to Canada. A large portion of the pipeline began flowing natural gas on Sept. 1st (see Big Portion of Rover Pipeline Now Up & Running – Thru Most of Ohio). Since then, Phase 1A of the pipeline has steadily increased its throughput and now flows over 1.2 billion cubic feet per day (Bcf/d) of Utica/Marcellus Shale gas to Defiance, OH (see Rover Pipe Nearly Doubles Flow with Addition of Carroll, OH Compressor). However, it could flow more, if the Federal Energy Regulatory Commission (FERC) would allow Rover to finish Phase 1B pipeline work in OH/WV to feed more gas to the main part of the pipeline. The problem is that Rover had early missteps, the most serious of which spilled 2 million gallons of non-toxic drilling mud in a swamp (i.e. “wetland”) near the Tuscarawas River back in April (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). Following that and several other mishaps, FERC shut down all Rover HDD work–for months. Gradually FERC has allowed Rover to resume HDD work, and with this latest round of four more HDD locations, it appears to us that only two HDD locations remain on the “do not drill yet” list, one of them being the Tuscarawas River location…
    Read More “FERC Allows Rover to Use HDD in 4 More Locations, Incl Ohio River”

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    PJM Defends Plan to Favor Coal & Nukes, Driving Elec Rates Higher

    Last week we told you about the hypocrisy of PJM Interconnection–the regional transmission organization (RTO) that operates the electric grid in all or parts of 13 states and the District of Columbia, including PA, OH and WV (see PJM Double Talk: Grid Operator Floats Plan to Favor Nukes & Coal). For nearly a year PJM has been saying the electric grid in our region is just fine using natural gas-fired electric plants. PJM said coal plants are shutting down, and nuclear plants are too expensive–don’t worry about it because gas has got our backs. And then last week they did a 180 degree about face and floated a plan that will “protect” coal and nuclear, which will result in electric customers paying 2-5% more for their electricity. MDN wasn’t the only outlet to notice the hypocrisy. Stung by criticism, PJM offered a defense of their so-called plan to protect (we’d call it favor) coal and nukes…
    Read More “PJM Defends Plan to Favor Coal & Nukes, Driving Elec Rates Higher”

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    FERC Denies NY DEC Request for Pipeline Rehearing, Heads to Court

    It’s “game on” between the Federal Energy Regulatory Commission (FERC) and the New York Dept. of Environmental Conservation (DEC). 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 historic decision, FERC overruled NY DEC in September (see History Made! FERC Overrules NY DEC on Millennium Pipe Permit). The DEC, in a snit fit, demanded FERC not OK the beginning of construction until an army of DEC lawyers figures out a way to appeal, delay, obstruct and otherwise stop the project anyway (see NY DEC Appeals FERC Override of Millennium Pipe Decision). On Oct. 20th, Millennium asked FERC for permission to begin building the pipeline and NOT wait while the DEC tries to obstruct the project. A week later, FERC said “yes” to Millennium (see FERC Humiliates NY DEC, Millennium Can Begin Construction on Pipe). Here’s the new news: On Wednesday, FERC issued an order denying the DEC’s request for a stay and rehearing on the beginning of construction. But that’s not the end of it. Earlier this month NY’s egomaniac (and corrupt) Attorney General, Eric Schneiderman, filed an emergency request with the U.S. Court of Appeals for the Second Circuit (in NY) to block construction. The court granted his request and construction can’t begin. On Wednesday Millennium filed its own emergency request to dissolve the block in place from Schneiderman’s request, because Millennium has an immovable deadline. Grab the popcorn–this one is getting good…
    Read More “FERC Denies NY DEC Request for Pipeline Rehearing, Heads to Court”

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    FERC Issues Favorable EA for Power Plant Pipeline Near Philly

    In October the Pennsylvania Dept. of Environmental Protection held a hearing on a proposed 488-megawatt natural gas-fired electric plant in Birdsboro, in Berks County, near Philadelphia (see PA DEP Public Hearing on Japanese Gas-Fired Elec Plant in SEPA). The project, first proposed in 2015 by Canadian-based EmberClear Corp., is making progress, as evidenced by the DEP hearing. In April of this year, two different Japanese companies, Sojitz Corporation and Tokyo Gas, each purchased a one-third share ownership of the project (see Japanese Now Own 2/3 of Marcellus-Powered Electric Plant in SEPA). You can’t have a Marcellus-fired electric plant without a pipeline to feed it. On May 1st of this year, DTE Midstream filed plans with the Federal Energy Regulatory Commission (FERC) to build 13.2-mile, 12-inch diameter pipeline from the Texas Eastern Transmission Company (TETCO) pipeline in Berks County to the Birdsboro site. On Wednesday, FERC issued a favorable environmental assessment (EA)–telegraphing that a final approval for the pipeline project is on the way soon…
    Read More “FERC Issues Favorable EA for Power Plant Pipeline Near Philly”

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    Riverkeeper Campaign Pressures Towns to Support DRBC Frack Ban

    THE Delaware Riverkeeper is a far-left, radical environmental group that is the self-appointed “caretaker” of the entire Delaware River Basin. It’s run by Maya van Rossum and gets its funding from a variety of foundations, mainly the William Penn Foundation. Riverkeeper’s cause célèbre is a complete, and permanent, ban on fracking in the Delaware River Basin. They’d actually like a permanent ban throughout Pennsylvania (and every other state in the Union), but they’ll take a ban in the River Basin as a first step. Unfortunately Riverkeeper has the ear of the Delaware River Basin Commission (DRBC) and has pressured the DRBC for years to institute a total ban on fracking. The DRBC finally took a step in that direction in September (see Governors from PA-NY-DE Vote to Ban Fracking in Dela. River Basin). There has been no fracking in the River Basin for 10+ years. So why the urgency for the board to pass a ban now? Because a Wayne County, PA landowner has taken the DRBC to court, challenging their right to impose such a ban. After all, the adjacent Susquehanna River Basin (overseen by the Susquehanna River Basin Commission) is loaded with fracking–with NO harmful effects on water supplies. Earlier this month oral arguments were heard in federal court on the case. The attorney for the DRBC fainted under heaving questioning (see DRBC Attorney Faints in Federal Court During Questioning). The case was postponed to an as-yet-unscheduled future date. Neat trick–faint and the case is postponed another few months. In the meantime, Riverkeeper is obviously not convinced the DRBC will follow through with their threat to pass a permanent ban–or perhaps they want to give the DRBC more ammunition to do so. Riverkeeper is hosting a webinar next Monday–to stoke their crazy groupies. Mamma Maya’s sidekick Tracy Carluccio (Riverkeeper Deputy Director) will give the faithful instructions for how to harass local town boards to the point they’ll sign a petition to support a permanent ban. MDN has a mole on Riverkeeper’s email list and we have their invite below…
    Read More “Riverkeeper Campaign Pressures Towns to Support DRBC Frack Ban”

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    Williams Files FERC Appl for Transco “Gateway Expansion Project”

    Yesterday Williams filed an application with the Federal Energy Regulatory Commission (FERC) to upgrade certain facilities in New Jersey along the Williams mighty Transco Pipeline, in order to 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 project is called the Transco “Gateway Expansion Project” and will cost roughly $85 million. 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. The extra 65K dekatherms that will flow because of the upgrades is enough natural gas to meet the daily needs of ~300,000 homes. Here’s the lowdown on this latest Williams project…
    Read More “Williams Files FERC Appl for Transco “Gateway Expansion Project””

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    PJM Double Talk: Grid Operator Floats Plan to Favor Nukes & Coal

    We’re wondering if anyone else smells a tad bit of hypocrisy with this one. In March, PJM Interconnection–the regional transmission organization (RTO) that operates the electric grid in all or parts of 13 states and the District of Columbia (including PA, OH and WV), released a study saying even with fewer coal plants producing electricity, PJM’s electric supplies–using more and more natgas and renewables–will be just fine (see Is PJM Electric Grid at Risk by Using More NatGas? Study Says No). Then just last month, PJM said DOE Sec. Rick Perry’s plan to favor electricity from nuclear energy plants and coal, in the name of “grid reliability,” is not needed (see Appalachian Grid Operators: We Don’t Need Trump’s Reliability Plan). But yesterday PJM turned around and released their own plan…which does just that! PJM published “Proposed Enhancements to Energy Price Formation” (full copy below) to set rates that supposedly more accurate reflect the contributions “fixed” electric producers like coal and nuclear make to the grid. That is, PJM is proposing changes to the pricing scheme that will cause a 2-5% increase for all electric rate payers in PJM–in the name of grid reliability. They want to deliver on Trump’s aim of grid reliability, but do it in a different way (with the same result of higher prices for everybody)…
    Read More “PJM Double Talk: Grid Operator Floats Plan to Favor Nukes & Coal”