Regulation

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    PA DEP Goes Paperless, Jumps # of Well Inspections in 2017

    It’s GO-TIME at the Pennsylvania Dept. of Environmental Protection (DEP). GO-TIME stands for Governor’s Office of Transformation, Innovation, Management and Efficiency. In English, please! “Eliminate paper by using electronic devices.” Yesterday DEP Deputy Secretary for Oil and Gas Management Scott Perry said that by dumping paper and using apps on iPads, oil and gas inspectors save goodles of time by not filling out paperwork “back at the office” and instead stay in the field longer. All of which means that even with using less inspectors in 2017, the DEP actually increased the number of well site inspections by an extra 2,000 over 2016, saving the agency half a million dollars. It’s about time the DEP came into the 21st century. Now if we could only get them to speed up well permit approvals…
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    Cuomo Shafts NY State Yet Again; Bans Oil Barge Storage on Hudson

    Freedom in New York State is all but gone–snuffed out by a corrupt dictator by the name of Andrew Cuomo. Warning to other states: Be careful who you elect in high office. Cuomo is not content to simply destroy the drilling industry in NY–he wants to destroy anything to do with fossil fuels. Crude oil from the Bakken in North Dakota has, for some time, arrived in New York’s capitol city of Albany via rail cars where the oil is loaded on barges at the Port of Albany for a quick trip down the Hudson River. Cuomo went after those rail shipments, trying to slow them down or stop them altogether (see NY’s “Progress” to Control Bakken Crude Trains Passing Through). Somehow those oil trains continue to roll into the Empire State, over the objections of Cuomo & company. The Port of New York/New Jersey, the American Waterways Operators, and the Hudson River Pilots’ Association floated a plan earlier this year to allow up to 43 barges filed with crude oil to temporarily anchor along a 70-mile stretch of the Hudson River, south of Albany, between Kingston and Yonkers NYC. The barges could add capacity and transport more oil down the river to NJ refineries than is currently possible. Yet enviro Nazis rose up and pressured the state legislature into passing a bill to (essentially) prohibit the oil barge plan. Cuomo gleefully signed the bill in October, cutting NY out of yet more commerce it could have had. All because of an irrational hatred of fossil fuels…
    Read More “Cuomo Shafts NY State Yet Again; Bans Oil Barge Storage on Hudson”

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    FERC Gives Rover Phase 1B Permission to Begin Service, 1.7 Bcf/d

    Energy Transfer Partners (ET) announced on Friday that the Federal Energy Regulatory Commission (FERC) has granted ET permission to bring Rover Pipeline Phase 1B online–as of now. Building the mighty Rover, a $4.2 billion, 713-mile Utica/Marcellus natural gas pipeline that will stretch from PA, WV and eastern OH, through OH, into Michigan, and eventually on to Canada, has always been a two-phase project–Phase 1 and Phase 2. Phase 1 was further broken down into 1A and 1B. Phase 1A, which is the main line through most of Ohio, went online Sept. 1 (see Big Portion of Rover Pipeline Now Up & Running – Thru Most of Ohio). Phase 1B is the completion of several important “laterals” (or offshoot pipelines), along with compressor stations. This new segment will serve to feed more gas to the main Rover pipeline. It was Phase 1B that got approved on Friday, and is presumably now up and running as you read this. With the addition of Phase 1B, Rover now has the capacity to flow 1.7 billion cubic feet per day (Bcf/d) of natural gas. When Phase 2 is done in 1Q18, the pipeline’s full capacity of 3.25 Bcf/d will go online…
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    Leach XPress Starting Up Jan 1 – Marc/Utica Gas Heading to the Gulf!

    Last week Columbia Pipeline Group (now part of TransCanada) filed a request with the Federal Energy Regulatory Commission (FERC) to begin service on their Leach XPress pipeline. This is BIG and important news. In August 2014, MDN told you that Columbia Pipeline Group decided to move forward with investing $1.75 billion dollars for two new projects: Leach XPress and Rayne XPress (see Columbia Gas: $1.75B for 2 Projects to Send Marcellus Gas to Gulf). The Leach XPress project involves building ~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, called Rayne. The pipeline is named for the location it flows to: Rayne, Louisiana. 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. Rayne went online in early November (see FERC Clears 1 Bcf/d Rayne Xpress Pipe to Begin Service). When Leach goes online Jan. 1, 2018 (yes, we expect FERC will approve it), Marcellus/Utica gas will begin flowing along the combined pipelines all the way to the Gulf. That’s big news!…
    Read More “Leach XPress Starting Up Jan 1 – Marc/Utica Gas Heading to the Gulf!”

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    IOGA WV Gets it Right on Co-Tenancy & Joint Development

    For some time we’ve reported on the effort to pass new legislation in West Virginia on co-tenancy and joint development (see WVONGA Makes Plans to Push Forced Pooling Lite in 2018). These two concepts together somewhat replace what the oil and gas industry once wanted in WV–a forced pooling law. The West Virginia Oil and Natural Gas Association (WVONGA) has been the driving force behind the effort to adopt co-tenancy and joint development. MDN has been right up front about our views: co-tenancy is fair and reasonable, joint development is not. WVONGA continues to push for both. However, WVONGA is not the only oil and gas trade association in the Mountain State. WV also has the Independent Oil & Gas Association of West Virginia (or IOGA WV), which broke off from WVONGA in 1959. We were delighted to spot an article that reports IOGA WV is pushing for co-tenancy, but NOT for joint development. IOGA of WV recognizes joint development for what it is–an attempt to allow drillers to use old leases for shale drilling without having to negotiate new terms (i.e. pay more to rights owners). Kudos to IOGA WV for getting it right. What, precisely, is co-tenancy and joint development? Glad you asked…
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    Monroeville Council Approves Seismic Testing Court Settlement

    Monroeville, PA (Allegheny County, suburb of Pittsburgh) is hostile toward the shale industry. In September, Monroeville Council voted to enact a super-restrictive seismic testing ordinance (see Monroeville, PA Passes Restrictive Seismic Testing Ordinance). The ordinance is meant to hassle Huntley & Huntley (H&H), which wants to conduct seismic testing in two rural areas of the municipality. In October, the contractor hired to do the seismic work for H&H, Geokinetics, took Monroeville Council to court over their punitive seismic ordinance (see Monroeville Seismic Testing Ordinance Challenged in Court). Both sides compromised and in November settled the case (see Monroeville Seismic Testing Ordinance Court Case Settled). Although the court case was settled, there is a final step required before the thumper trucks can begin their work. Monroeville Council must officially vote to accept the court agreement with the revised regulations. That vote happened last week…
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    FERC Gives Rover OK to Resume All HDD Work, Incl. Tuscarawas River

    We have been waiting for this day for a LONG time. Yesterday the Federal Energy Regulatory Commission (FERC) issued an order to Rover Pipeline allowing Rover to restart all outstanding underground horizontal directional drilling (HDD) projects, including the location at Tuscarawas River. All Rover HDD projects were stopped back in April following a string of “inadvertent returns” (i.e. leaks) of drilling mud, the most serious being a ~2 million gallon spill at the Tuscarawas River HDD location (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). Several months after stopping Rover HDD work, following investigations and corrective action, FERC slowly began to allow Rover to restart HDD work in some (not all) locations. There have been perhaps 4-5 tranches of “go ahead and restart HDD work at these couple of locations.” But until yesterday, Rover could not restart HDD at the location of the worst spill site, near the Tuscarawas River. With yesterday’s order, all sites are cleared. Craig “Captain Ahab” Butler, director of the Ohio EPA, blew a gasket. He’s still trying to harpoon the Rover “Moby Dick” Pipeline as it travels through Ohio. A few weeks ago Butler asked Rover (and FERC) to STOP all HDD work (see Ohio EPA Continues Vendetta Against Rover Pipe, Demands HDD Stop). A few days later Rover asked FERC for permission to restart the balance of their HDD work (see Rover Ignores Shrill Ohio EPA, Asks FERC to Continue HDD Drilling). On Monday, Rover sent a letter to Butler (and FERC) saying Ohio EPA “grossly mischaracterizes Rover’s activities.” Yesterday FERC very loudly and clearly ignored Butler and sided with Rover…
    Read More “FERC Gives Rover OK to Resume All HDD Work, Incl. Tuscarawas River”

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    DEP Will Use Fed Standards as Back Door to Control Methane Leaks

    We’re now learning more about how the Pennsylvania Dept. of Environmental Protection (DEP) plans to implement Gov. Tom Wolf’s onerous regulations that supposedly will cut down on fugitive methane from escaping from drill pads and pipelines. In December 2016, the DEP unveiled new methane regulations (see PA DEP Releases New Regs re Methane & Air Pollution at Drill Sites). According to the DEP, the proposed General Permit 5A (GP-5A) and the revised General Permit 5 (GP-5), will “establish updated Best Available Technology (BAT) requirements for the industry regarding air emission limits, source testing, leak detection and repair, recordkeeping, and reporting requirements for the applicable air pollution sources.” After some final tweaks, the DEP released draft versions of the new permits (i.e. regulations) in February (see PA DEP Seeks Public Comment on Regs for Methane, Compressor Stns). The Marcellus Shale Coalition, among others, strongly pushed back on these unnecessary and costly regulations (see MSC Tells PA DEP What it Thinks of Onerous New Methane Regs). Following the pushback, there was a lull in activity. The lull ended two weeks ago when the DEP issued reworked regs, yet again (see PA DEP Signals Onerous New GP-5 & 5A Methane Regs Coming 1Q18). At an advisory meeting yesterday the DEP outlined a subtle change in strategy. They now will adopt and use federal guidelines for cutting smog-causing pollutants (VOCs, or volatile organic compounds) that will, as a side benefit, supposedly reduce fugitive methane from existing well pads and pipelines. That is, the DEP intends to use the back door to try and control methane leaks coming from the shale industry. Here’s the thing: a recent Penn State study found very little methane actually leaks from shale operations–less than one-half of one percent (see Penn State Study Finds Very Little Methane Leaks from Shale Op). In typical government fashion, the DEP is trying to fix a problem that doesn’t exist!…
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    FERC Rejects Antis’ Request to “Rehear” Atlantic Sunrise Decision

    In March of this year, a variety of anti-fossil fuel Big Green groups filed a rehearing request with the Federal Energy Regulatory Commission (FERC), asking the agency to reconsider its decision to approve the Atlantic Sunrise Pipeline project (see Antis Attempt to Stop Atlantic Sunrise Pipe by Attacking FERC Order). Atlantic Sunrise is a $3 billion, 198-mile natural gas pipeline project running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from northeastern PA with the Williams’ Transco pipeline in southern Lancaster County. Before Big Green groups can sue FERC in federal court to try and stop a project, they must first file a request for rehearing. If the antis can get FERC to agree to a re-hearing, it effectively slows, even stops, an active pipeline project. So in an effort to prevent important projects from being slowed or stopped, FERC developed something called a “tolling order” which grants FERC more time to consider whether or not a full rehearing is justified. During the time of the tolling order, work on a pipeline continues. Sometimes the work even gets completed! Which of course drives antis bonkers. By using a tolling order, FERC can drag out the process of deciding to deny a rehearing, avoiding the inevitable frivolous lawsuit that follows. That is, work on important projects actually gets done. Even though a tolling order was in place for the Atlantic Sunrise decision, antis still sued in federal court (several times, for a myriad of reasons), in an attempt to stop Atlantic Sunrise. It hasn’t worked. Construction is going strong. Last week FERC finally responded to the original request for a rehearing lodged back in March. FERC denied the request. When you read through FERC’s response, you’ll find many of the people and groups who requested a rehearing didn’t follow the rules and were simply dismissed as not having standing in the case. For those who do/did have standing, FERC methodically, meticulously, patiently explained why they are full of it…
    Read More “FERC Rejects Antis’ Request to “Rehear” Atlantic Sunrise Decision”

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    PA Landowners: Don’t Cash that Surprise Royalty Check Just Yet

    Pennsylvania landowners may think Christmas came early this year. Perhaps you’re a landowner and just received a surprise royalty check in the mail for a long-dormant well on your property. That well hasn’t produced in what seems like forever. Last time you got a royalty check was what…maybe 10 years ago? And look at this! Santa just visited! After all that time the driller decided to pump some more from that old well. But before you run to the bank and cash the check, thinking you can pay for more Christmas presents, better think twice. Or three times. You may about to be taken for ride. In July the Pennsylvania Senate passed an awful budget bill that includes a variety of new taxes, including a new severance tax on the Marcellus industry. The Senate also slipped in Section 1610 into the budget bill, which changes established lease law with respect to oil and gas wells that no longer produce anything (see PA Senate Slips Anti-Landowner Measure into State Budget Bill). Under then-existing law, when an oil or gas well stops producing–and the landowner quits getting royalty checks–the lease is considered terminated. Done. Finished. Under new Section 1610, drillers can resurrect those dead leases under a couple of conditions. If the landowner doesn’t officially declare “your lease is now dead since you’re not producing anything” a driller can quick-like-a-bunny restart production at the well and send the landowner a piddly royalty check, re-starting (or continuing) the existing lease with its existing terms. Or if the driller sends a notice to the landowner stating its intention to drill a new well on the property, and if the landowner doesn’t object within a 3-month time limit, the driller is free to begin drilling a NEW well, under the OLD lease terms. Section 1610 really stinks. Landowners are shafted out the opportunity to sign new leases with new bonuses and better royalty rates. Fortunately the severance tax didn’t make the final cut in the budget bill. Unfortunately Section 1610 did make it–and is now PA law. If you get a royalty check “out of the blue” for a long-dormant well, head for a lawyer, quick, BEFORE you cash that check…
    Read More “PA Landowners: Don’t Cash that Surprise Royalty Check Just Yet”

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    E Goshen Twp Asks PA to Step in and Authorize Anarchy re Pipelines

    A township supervisor in East Goshen (Chester County), PA doesn’t like a pipeline coming through a portion of his township. So he’s asking PA Gov. Tom Wolf and state legislators to overturn 200+ years of law in the United States to empower him to either prohibit the pipeline from coming through his town, or drastically alter its course (making it unfeasible). Apparently Supervisor Marty Shane missed an important civics lesson in his elementary school social studies class. (Maybe he was taught in a Philadelphia school–that would explain it.) Mr. Shane wants municipal ordinances to supersede state and national regulations when it comes to pipelines. That is, he wants to reverse the way the law has worked for over 200 years–which is federal on top, then state, then local. Apparently Mr. Shane wants to grant his local fiefdom the same powers as (in this case) the state government. What Shane advocates, perhaps without realizing it, is a path to anarchy–where mobs of people determine what happens. The ultimate end of that is Lord of the Flies (read it sometime). Our founders, who (ironically) met in Philadelphia, crafted a system that created the single greatest country on earth. We the people elect representatives to represent us (called a republic, NOT a straight up democracy). Mobs do not make good decisions and our founders knew it. Under the U.S. Constitution, the federal government reigns over all. Then the state. And finally, local governments. The federal government reserves the right, under laws and statutes, to regulate interstate pipelines–precisely to prevent small-minded people from blocking them. After the feds come the states, who regulate oil and gas activity, and any pipelines not regulated by the feds (which covers the pipeline going through East Goshen). Local governments can and do pass ordinances on land use–but not ordinances that supersede the power of the state or the feds to site and regulate pipelines. Shane wants to reverse the order…
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    Enviros Tell DRBC Not Enough Freak Shows Scheduled on Frack Ban

    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 is allowing public comment, via written communication, through Feb. 28. They will also hold four public hearings (i.e. freak shows) to allow antis to parade before the microphones and make jerks of themselves. We know what we’re speaking about–we’ve been to a number of similar hearings and can attest, first-hand, to how they behave during these hearings. Even though the public has a full 90 days to provide written comment, and four hearings in which to sound off–that’s still not enough for the nutters. They want the deadline for public comment extended and more freak shows to be added to the lineup…
    Read More “Enviros Tell DRBC Not Enough Freak Shows Scheduled on Frack Ban”

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    Antis Take Over Westmoreland County, VA, Aim to Ban Fracking

    Invasion of the body snatchers has become reality in Westmoreland County, Virginia. The Westmoreland Board of Supervisors passed amendments Monday night “to strictly limit gas and oil drilling.” However, that’s just a stopgap measure. The real aim is a full-out, flat-out ban on any kind of oil and gas drilling. Right after taking the vote, the illustrious body-snatched supervisors asked the county attorney to begin researching a moratorium they can enact without landing them in jail. Good luck with that. Virginia doesn’t have the Marcellus/Utica under it–at least not very much. But Virginia does have another shale layer–the Taylorsville. We commented back in 2014 that the state is inching closer to allowing fracking in the Taylorsville and other potential basins (see Virginia Inches Closer to Shale Drilling in Taylorsville Basin). They’re still inching–and it’s not going very fast. Anti-drilling radicals have risen up to oppose anything to do with shale in the state. Westmoreland isn’t the first location to be snatched. The first county in Virginia to become lawless in this regard was King George County, last summer (see King George County, VA Commits Fracking Suicide with Vote to Ban). In the spring, Augusta County followed suit (see Augusta County, VA Votes to Illegally Ban Fracking). And now the body snatchers are invading Westmoreland County. It’s always breathtaking, and disturbing, when a small group of individuals decide to take away the Constitutional property rights of their fellow citizens…
    Read More “Antis Take Over Westmoreland County, VA, Aim to Ban Fracking”

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    Atlantic Coast Pipeline Delayed in Virginia by Water Board Vote

    Last week Virginia’s Water Control Board issued a water permit/certification for the Mountain Valley Pipeline project–a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA (see Virginia Water Board Approves Mountain Valley Pipe – Antis Erupt). Antis erupted with threats and bullying following that decision. Perhaps that was on the minds of Board members when they voted yesterday to “approve” Dominion’s $5 billion Atlantic Coast Pipeline (ACP) project–a $5 billion project from West Virginia through Virginia and into North Carolina. Water Control Board members voted 4-3 to approve issuing the same water permit/certification for the project, except there are very long strings attached. The Water Board’s approval is conditional, the condition being approval “is dependent on a final review of several environmental studies.” Those studies won’t be done until March or April of next year. ACP planned to begin construction, now, this year. So the Water Board wimped out–caved to pressure from bullying extremists (people who behaved like bullies at the hearing). The Board appeared to approve the project without actually approving it–have your cake and eat it too. There’s no way to sugarcoat that the Board’s non-approval approval yesterday is a (temporary) setback for ACP–and a (temporary) win for enviro Nazis…
    Read More “Atlantic Coast Pipeline Delayed in Virginia by Water Board Vote”

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    Plum, PA Passes Ordinance to Allow Fracking – Antis Livid

    In October, local officials in Plum, PA (Allegheny County) approved a plan by Huntley & Huntley (H&H) to drill a series of Marcellus wells on a single well pad in their municipality (see Plum, PA Gives Huntley & Huntley Green Light for Shale Drilling). Plum’s leaders got blowback from some residents (antis) 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 in October–the Plum Council issued a conditional use exception for H&H to drill on 92 acres near Coxcomb Hill Road in Plum. To avoid dealing with more such conditional cases, Plum Council cooked up proposed changes to zoning ordinances (ordinances which haven’t been updated since 1993) that will only allow fracking in rural residential and industrial zones (see Plum, PA Officials Hold Hearing on New Restrictions for Fracking). At the time, H&H said the changes would be too restrictive. However, they appear to have adopted the “half a loaf is better than no loaf” philosophy, opting to support the new rules. Yesterday Plum Council moved ahead and adopted the new rules. Antis blew a gasket. They think the new rules are still too lenient because it allows drilling in rural residential areas. One mouthy anti planted herself in front of the microphone yesterday and refused to move, threatening to sue everyone and everything related to the vote “if my family, my property, myself is damaged in any way.” Whatever. Here’s what went down yesterday in Plum…
    Read More “Plum, PA Passes Ordinance to Allow Fracking – Antis Livid”

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    Ohio Approves 2nd Oregon Utica-Fired Elec Plant (Near Toledo)

    In August, Ohio Gov. John Kasich officiated at a ceremony to launch a new Utica gas-fired electric generating plant in Oregon (Lucas County), near Toledo (see New 870 MW Gas-Fired Electric Plant in NW Ohio Begins Operation). CME Energy’s Oregon Clean Energy Center plant generates 870 megawatts of electricity. The plant cost $900 million to build. What we haven’t focused on, until now, is CME’s proposal to build a second Utica gas-fired electric plant next to the first one. The first plant is called Oregon Clean Energy Center. The second plant project is named Clean Energy Future – Oregon. The second plant is bigger than the first, targeted to generate 955 megawatts of power. Clean Energy Future – Oregon is currently in the permitting process. If all goes well, CME plans to begin commercial operation in 2020. Fluor Corporation is constructing this second project, as they did the first. Construction is scheduled to begin early next year. The reason the project appeared on our radar screen is because yesterday the Ohio Power Siting Board (OPSB) gave Clean Energy Future – Oregon a big, fat, sloppy kiss of approval…
    Read More “Ohio Approves 2nd Oregon Utica-Fired Elec Plant (Near Toledo)”