Regulation

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    Virginia Water Board Approves Mountain Valley Pipe – Antis Erupt

    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–scored an important approval yesterday. Virginia’s Water Control Board issued a water permit/certification for the project. MVP, when built, will run through six Virginia counties. Prior to voting to approve the permit yesterday, the Water Control Board held a public hearing on Wednesday, largely so antis could spout off and feel better about themselves. Following yesterday’s vote, antis did what they always do–behaved like petulant, spoiled rotten children. At least one anti “screamed profanities at the board members and vowed to visit them where they live.” Yeah, bullying. Threats of violence. That’s the anti crowd for you. In early November the West Virginia Dept. of Environmental Protection (WVDEP) waived their right to issue a permit for MVP, instead deferring to the just-as-strict version of the permit issued by the US Army Corps of Engineers (see WVDEP Reverses, Waives Water Permit for Mountain Valley Pipeline). Here’s what happened yesterday in nutty Virginia…
    Read More “Virginia Water Board Approves Mountain Valley Pipe – Antis Erupt”

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    Atlantic Coast Pipe Gets Key WV Approval; VA Approval Next Week?

    On Wednesday the West Virginia Department of Environmental Protection (WVDEP) “waived” the state’s authority under the federal Clean Water Act to determine if Atlantic Coast Pipeline (ACP) will harm rivers and streams, instead deferring to the US Army Corps of Engineers’ (USACE) Nationwide permit. The USACE Nationwide permit has the same exact standards as found in the WV version–so there’s no need to duplicate the paperwork. This is not the first time WVDEP has deferred to the USACE’s permit. They did the same exact thing with a water crossing permit for the Mountain Valley Pipeline project in November (see WV DEP Secretary Issues Letter Explaining MV Pipeline Decision). It’s pretty easy for antis to demagogue the issue, saying WV has “given up it’s right to regulate the project.” That is manifestly untrue. As WVDEP pointed out in November with Mountain Valley, and again on Wednesday with Atlantic Coast, “Waiving the 401 individual certification does not indicate that there will be fewer environmental requirements to which the ACP must adhere. The special West Virginia conditions that exist in the US Army Corps of Engineers (USACE) Nationwide permit are designed to mirror what would be in a 401 individual certification issued by West Virginia. Under the Nationwide permit, enforcement would be left to federal agencies and would be limited to stream crossings.” WV’s approval of ACP is a major milestone, but not the only one required…
    Read More “Atlantic Coast Pipe Gets Key WV Approval; VA Approval Next Week?”

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    Kevin McIntyre Sworn in as 5th FERC Commissioner, New Chairman

    Kevin McIntyre

    This is how it works in the swamp. President Trump first mentioned Kevin McIntyre, the co-head of the energy practice at the largest law firm in the country (Jones Day), back in March (see Breaking: Kevin McIntyre, Neil Chatterjee are Trump Picks for FERC). Due to whatever political machinations go on in Congress, Trump didn’t (couldn’t?) officially nominate McIntyre until July (see Pres. Trump Finally Nominates Kevin McIntyre to FERC, as Chairman). From the beginning McIntyre has been Trump’s pick to run FERC as its chairman. However, Neil Chatterjee as done a stellar job as Acting Chairman (see FERC’s Chatterjee to Actor James Cromwell: ‘Come at me bro!’). Yesterday, exactly nine months later, McIntyre was FINALLY sworn in–the fourth and final person appointed by Trump to the Commission. Perhaps the most contentious issue McIntyre will face initially is a request by Dept. of Energy Secretary Rick Perry to create a new regulation that allows coal and nuclear power generators to make more money than the free market allows for the electricity they produce–in a misguided attempt to save those industries. The so-called notice of proposed rulemaking (NOPR) for the Grid Resiliency Pricing Rule is supposed to be voted on by FERC commissioners next Monday. The first thing McIntyre did after putting a picture of his lovely wife on his desk was to send a letter to Perry asking for a 30-day extension, citing the fact that two new commissioners were added in the last two weeks. The newbies haven’t had the opportunity to debate the plans merits (or lack thereof) with their fellow FERC commissioners…
    Read More “Kevin McIntyre Sworn in as 5th FERC Commissioner, New Chairman”

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    PA DEP Issues Air Permit for Gas-fired Elec Plant Next to Pot Farm

    In early October MDN told you about a second Marcellus gas-fired electric generating plant being planned for Greene County, PA (see 2nd Marcellus-Fired Electric Plant Proposed for Greene County, PA). Hill Top Energy Center, based in Huntington Bay, N.Y., is planning to build a 620 megawatt plant (original story had it wrong, saying 536 MW) on 41 acres of land off Thomas Road in Cumberland Township. The PA Dept. of Environmental Protection (DEP) held a public hearing in early November about the project. Only 20 people turned up and nobody objected. Last Friday the DEP issued an air quality permit for the project–the last major hurdle before the project can begin. In press coverage of the permit and the project advancing, we discovered one piece of new information: The plant will be built next door to a “medical marijuana operation”–i.e., a pot growing farm. Well now that’s interesting! Workers at the new electric plant can slip out the back door on break and roll a joint for later…
    Read More “PA DEP Issues Air Permit for Gas-fired Elec Plant Next to Pot Farm”

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    FERC’s Chatterjee to Actor James Cromwell: ‘Come at me bro!’

    We continue to be really impressed with the current Acting Chairman of the Federal Energy Regulatory Commission (FERC), Neil Chatterjee, and his willingness to take the fight right back to radical antis. Chatterjee is not unlike President Trump, who appointed him to the post. Frankly, it’s a surprise for us, since Chatterjee has worked for years for Senate Majority Leader Mitch McConnell (a swamp dweller). We figured Chatterjee was a swamp dweller too–but perhaps we misjudged him. Chatterjee recently turned up the heat with Facebook posts aimed at nutty Hollywood actor James Cromwell (he of Babe and Star Trek: First Contact fame). Cromwell recently attended a FERC meeting chaired by Chaterjee and proceed to make a king-sized @$$ of himself in the meeting room, requiring security to escort him from the room (see Old Hippie/Actor James Cromwell “Escorted Out” of FERC Meeting). Chatterjee fired off some choice words at Cromwell, including a comment that invites Cromwell to “Come at me bro!” What’s obvious when you read Chatterjee’s comments is that it’s done in a lighthearted way–not mean or nasty. He’s tweaking Cromwell and other antis, using humor to do it. And they are a humorless bunch. Chatterjee’s lighthearted humor in tweaking Cromwell went right over the heads of mainstream media and the inside-the-Beltway swamp dwellers, who are all aghast, criticizing Chatterjee as not acting like a regulator should act. We wish more government officials acted like Chatterjee–and Trump…
    Read More “FERC’s Chatterjee to Actor James Cromwell: ‘Come at me bro!’”

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    Eagle’s Nest Latest Wrinkle in Building 7.8 Mile Pipe to NY Power Plant

    A bald eagle’s nest built in a pine tree near where a tiny 7.8 mile pipeline is supposed to pass in Orange County, NY is the latest wrinkle that threatens to stop the pipeline in the ongoing soap opera that is corrupt New York State. The pipeline is a short spur, an offshoot, from the nearby Millennium Pipeline. It will feed the Competitive Power Ventures (CPV) gas-fired electric generation plant currently under construction in Wawayanda. The CPV plant is due to be completed early next year. According to Millennium, if they don’t start construction (tree clearing) TODAY, Dec. 6, there is no way to get the pipeline done in time to feed the plant–and that may well drive CPV’s project into bankruptcy. The eagle’s nest is being used as an excuse by New York (and rabid antis) to try and block the pipeline from getting built. Here’s the latest episode in this ongoing soap opera…
    Read More “Eagle’s Nest Latest Wrinkle in Building 7.8 Mile Pipe to NY Power Plant”

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    Frenemies: Millennium & NY DEC Fight Riverkeeper on Pipeline Upgrade

    THE Delaware Riverkeeper herself is back with more of her overlord’s money to file yet another frivolous lawsuit against a pipeline project in New York State. In August 2016, Millennium filed an application for what it calls its Eastern System Upgrade (see Millennium Pipe Asks FERC to Approve Eastern System Upgrade in NY). The ESU would add 7.8 miles of extra looped pipeline in Orange County, upgrade a compressor station in Delaware County, build a new compressor in Sullivan County and make some minor tweaks to metering stations in Rockland County. DON’T confuse this with another story appearing today on MDN–Millennium building a NEW 7.8 mile pipeline to a power plant in Orange County. That’s a completely separate/different project from this one. Although the NY Dept. of Environmental Conservation (DEC) refused to grant a water crossing permit for the 7.8 mile pipeline to connect a power plant, in September the DEC granted the same type of permit for the 7.8 mile looping project, the ESU (see NY DEC Grants Permit for Millennium Pipe Eastern System Upgrade). Here’s the new news: Last week the Federal Energy Regulatory Commission (FERC) granted a final OK for the ESU. The even newer new news: Immediately following FERC’s approval, THE Delaware Riverkeeper filed a request for rehearing with FERC and at the same time filed a lawsuit against the DEC’s September water permit approval for the ESU project. Which puts Millennium and the DEC on the same team opposing Riverkeeper. In one case (the power plant pipeline project) Millennium and the DEC are bitter enemies, suing and countersuing. In this case, they’re frenemies–forced to work together to oppose the nutjobs from Riverkeeper…
    Read More “Frenemies: Millennium & NY DEC Fight Riverkeeper on Pipeline Upgrade”

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    PA DEP Fines Cabot $99K for Paperwork Violations, Air Emissions

    The Pennsylvania Dept. of Environmental Protection (DEP) is picking on Cabot Oil & Gas–or more properly, shaking them down for some cash. Yesterday the DEP announced it had reached an “agreement” with Cabot whereby Cabot will pay the DEP $99,000 “for air quality violations related to equipment at natural gas wells throughout Susquehanna County.” But that’s not all, Cabot failed to file some paperwork–a far more egregious violation for the DEP: “Cabot failed to submit complete compliance demonstration reports for 20 gas wells.” Bad, bad Cabot. Here’s news of the DEP’s latest shakedown of a company that has (so far) invested over $4.6 billion in a single northeast PA county…
    Read More “PA DEP Fines Cabot $99K for Paperwork Violations, Air Emissions”

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    More of Rover in Eastern Ohio Coming Online in Time for Star Wars

    The mighty Rover Pipeline project marches on toward 100% completion, even though the Ohio EPA is doing its best to stop it (see Rover Ignores Shrill Ohio EPA, Asks FERC to Continue HDD Drilling). Because of previous issues with underground horizontal directional drilling (HDD), the Federal Energy Regulatory Commission (FERC) first put the brakes on Rover, then later eased off the brakes, but still keeps Rover on a tight leash, preventing Rover from moving at the faster pace they’d like move at. Especially with respect to work in eastern Ohio. 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, designated Phase 1A, began flowing natural gas on Sept. 1st (see Big Portion of Rover Pipeline Now Up & Running – Thru Most of Ohio). However, Phase 1B work in eastern OH and WV, which will feed more Marcellus/Utica gas to the main part of the pipeline, has been stymied by slow HDD work. At least some of 1B is now ready to begin. Yesterday Rover asked FERC for permission to begin service on three lateral pipelines totaling nearly 62 miles, and to start up three compressor stations and seven metering stations–in Ohio’s Noble, Monroe and Harrison counties. Rover is asking FERC to hurry it up so they can begin service by next week, in time for the Star Wars: The Last Jedi premier on Dec. 14…
    Read More “More of Rover in Eastern Ohio Coming Online in Time for Star Wars”

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    FERC Clears TGP Orion Expansion to Begin Service to New England

    In October 2015, Kinder Morgan’s Tennessee Gas Pipeline (TGP) filed their official, full application with the Federal Energy Regulatory Commission (FERC) seeking approval for their Orion Project (see Tennessee Gas Pipeline Files PA Orion Project with FERC). The $109 million project consists of 13 miles of new “looping” pipeline in Pike and Wayne counties, Pennsylvania. The project will boost capacity on the TGP by another 135 million cubic feet per day (MMcf/d), allowing TGP to pump more yummy Marcellus Shale gas to Mid-Atlantic and New England states. FERC gave final approval for the project in February of this year (see TGP Orion Project in NEPA Gets Final Approval by FERC). In March, Big Green group THE Delaware Riverkeeper filed a lawsuit in the U.S. Court of Appeals for the Third District requesting the court overturn a Clean Water Act permit granted to the project by the U.S. Army Corps of Engineers. In August, the Third Circuit rejected Riverkeeper’s request in a humiliating defeat (see Dela. Riverkeeper Loses Fed. Court Case Against NEPA Pipeline). According to the original plan, the TGP Orion upgrade will be complete and in-service by June 2018. December 2017 is certainly “by June 2018” and that’s a good thing, because Orion is now done and FERC has just given TGP the green light to start it up…
    Read More “FERC Clears TGP Orion Expansion to Begin Service to New England”

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    Marcellus/Utica Gas Soon Heading to Canadian Capital of Ottawa

    Iroquois Gas Transmission System is a natural gas pipeline that brings gas from eastern Canada to the New York City area. It is owned by TransCanada Corporation, Dominion Resources, KeySpan Corporation, New Jersey Resources Corporation, and Energy East Corporation. There have been plans, for years, to connect the Constitution Pipeline to the Iroquois and flow Marcellus/Utica gas to Canada by converting Iroquois to be bidirectional. As we all know, the Constitution has been stalled since 2014 because of the corrupt State of New York blocking it. There’s still hope that Constitution will get built. In October they asked the Federal Energy Regulatory Commission to override the New York and allow the project to proceed (see Constitution Pipeline Asks FERC to Override NY DEC). Iroquois is no longer waiting on the Constitution. They’ve pushed forward and recently Canada’s National Energy Board (NEB) voted to approve changing the Iroquois on their side of the border to be bidirectional, allowing Marcellus/Utica gas to begin flowing into Ontario–eventually all the way to the capital city of Ottawa by hitching a ride on TransCanada’s pipeline network. How cool is that? Marcellus/Utica gas supplying the capital of Canada. A report by the Ontario Energy Board says Marcellus/Utica gas is projected to supply up to 74% of Ontario’s natgas demand!…
    Read More “Marcellus/Utica Gas Soon Heading to Canadian Capital of Ottawa”

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    FERC Says Emails Prove Rover Lied About Demolishing This Old House

    In May 2015, Rover purchased a house in Carroll County, OH, located near where the pipeline, and a compressor station for that pipeline, is due to run. Rover bought the house to use for offices for several Rover affiliate companies. After buying it, Rover determined the house was “ill-suited for its intended purpose” and decided to demolish it. Problem was/is, that house was under consideration to be added to the National Register of Historic Places. The house was not yet on the list of Historic Places, but was on a list of properties under consideration. Their action in demolishing the house landed Rover in hot water with the Federal Energy Regulatory Commission (see Rover Pipeline in Hot Water Over Demolishing Historic House in OH). FERC said Rover should have reported their decision to demolish the house. Rover had to pay a “fine” of $2.3 million “to a fund administered by the Ohio History Connection Foundation and the State Historic Preservation Office” (see Rover Pipeline Paying $2.3M for Knocking Down Historic OH House). FERC issued a “Staff Notice of Alleged Violations” related to this old house in July of this year (see Rover Still in Hot Water w/FERC Over Demolishing This Old House). The notice says Rover “did not fully and forthrightly disclose all relevant information.” FERC also said, “Rover falsely promised it would avoid adverse effects to a historic resource that it was simultaneously working to purchase and destroy.” Because of the house demolition, FERC refused, and continues to refuse, to issue a blanket authorization for routine construction. In a FERC communication from last week, FERC says they have a smoking gun–copies of emails that prove Rover bought this old house with the intention of demolishing it right from the beginning…
    Read More “FERC Says Emails Prove Rover Lied About Demolishing This Old House”

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    DRBC Drops Permanent Frack Ban Bomb – Public Hearings in January

    We knew it was coming. We told you back in September that the obsequious members of the Delaware River Basin Commission (DRBC) will slavishly obey 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 yesterday by the DRBC. 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.” Of course the Federal Court of Appeals for the Second Circuit may have another take on that (see DRBC Lawyer Nearly Faints 2nd Time When Questioned by Fed Judges). What happens now? Aside from the lawsuit cooking in the background to challenge the DRBC’s jurisdiction over fracking, the bureaucrats will hold a series of four public hearings in two locations–i.e. circus freak shows–where THE Delaware Riverkeeper herself and others will make pompous jerks of themselves and try to drown out landowners who want to express opposition to this injustice. Below we have a copy of the proposed regulation the lawless DRBC intends to adopt by fiat early next year, the list of public hearings (pro-gas needs to show up in force!), and reaction from antis and the industry…
    Read More “DRBC Drops Permanent Frack Ban Bomb – Public Hearings in January”

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    PA DEP Signals Onerous New GP-5 & 5A Methane Regs Coming 1Q18

    Yesterday the Pennsylvania Dept. of Environmental Protection (DEP) issued “draft final language” for the proposed General Permit 5A (GP-5A) and the revised General Permit 5 (GP-5)–regulations that supposedly will cut down on fugitive methane from escaping from drill pads and pipelines. The onerous regulations were originally prompted by bullying from the Obama Environmental Protection Agency. Even though EPA pressure has disappeared under President Trump, PA Gov. Wolf still intends to push forward with these onerous and unnecessary regulations. Unnecessary? Really Jim? Yes, really. See our companion story today that a new Penn State study has found very small amounts of methane escape from Marcellus well pads and pipelines (see Penn State Study Finds Very Little Methane Leaks from Shale Infra.). Makes no difference. Wolf is set on this course and will attempt to ram it through, to win brownie points with his unhappy enviro left supporters, ahead of next year’s election. The DEP held a webinar yesterday to discuss this latest version of GP-5 & 5A, and lay out a timeline (early next year) for adopting it…
    Read More “PA DEP Signals Onerous New GP-5 & 5A Methane Regs Coming 1Q18”

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    NC Plays “Death by a Thousand Questions” with Atlantic Coast Pipe

    North Carolina has a Democrat governor. The state Dept. of Environmental Quality (DEQ) is an executive branch agency. So it’s no surprise to learn that the DEQ has turned antagonistic toward Dominion’s $5 billion, 594-mile Atlantic Coast Pipeline (ACP)–a natural gas pipeline that will stretch from West Virginia through Virginia and into North Carolina. In October the DEQ rejected the plan submitted by Dominion for the pipeline project, claiming the erosion and sediment control plan is not up to snuff (see NC DEQ Rejects Plan for Atlantic Coast Pipeline – What’s Next?). Since that time Dominion has been back and forth with the DEQ. On Wednesday the DEQ sent Dominion a fourth round of questions. Dominion has 30 days to respond, and the DEQ another 60 days after that to respond to the response. Bingo, another 90 days gone, just like that. What this appears to be is “death by a thousand cuts,” or in this case, “death by a thousand questions”…
    Read More “NC Plays “Death by a Thousand Questions” with Atlantic Coast Pipe”

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    FERC Acting Chairman Vents About Big Green Groups Blocking Pipes

    FERC Acting Chairman Neil Chatterjee

    You know why Donald Trump is so popular out here in “flyover country,” where there are real, hard-working Americans? Because he’s not afraid to speak his mind. He doesn’t bother with appearances and inside-the-Beltway decorum where swamp dwellers never say what they really mean or think. Trump just says it–Tweets it, says it in speeches, in meetings. We love it! And we think more people in government should behave like Trump and just say what they really think. It looks like we have someone doing just that–a Federal Energy Regulatory Commission (FERC) member, no less! Acting Chairman of FERC, Neil Chatterjee, had the temerity to tell the truth at an industry meeting yesterday. Chatterjee said that national enviro groups (antis) are using the legal system to delay approval of natgas pipeline projects. Er, a, OK. There’s really no mystery there. No revelation. No speaking out school. But the very fact that he said it has enviro antis up in arms–that he dared to simply utter the truth. Reuters is all concerned because uttering such truths is “rare for a regulator”–like maybe we should check Chatterjee to see if he has a fever. Since some of the worst of the worst–the Sierra Club and 350.org–have been repeatedly suing FERC (dozens of lawsuits!), it stand to reason (says Reuters), Chatterjee is talking about (gasp) those very groups! Ding ding ding ding. Give that Reuters reporter a prize. Chatterjee does, however, see a silver lining to all of these lawsuits: “Ultimately, lengthier approvals mean projects are better able to withstand legal challenge.” And that just ticks off the radicals all the more…
    Read More “FERC Acting Chairman Vents About Big Green Groups Blocking Pipes”