Regulation

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    US DOJ Demands Payments from GE re Unsold Water Biz

    In July, GE Oil & Gas completed its merger/buyout of oilfield services giant Baker Hughes (see Baker Hughes and GE Complete Merger, World’s 1st Fullstream Co.). As is typical in these kinds of megamergers, governmental agencies that review the deal make the deal contingent on certain requirements. In the case of GE/Baker Hughes, the U.S. Dept. of Justice demanded GE sell its Water & Process Technologies business. GE agreed, and lined up a buyer (Suez, a French waste and water group). However, the deal has not happened (yet), and because there is a delay in making it happen due to “various administrative challenges,” the DOJ is demanding GE make DAILY payments–to the DOJ–as an “incentive” to get the deal done. The amount of the payments is unspecified. Where will all that money go? We don’t know, but we can certainly imagine. What do swamp-dwellers do with free money?…
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    PA Frankenstein House Bill Merges Severance Tax & Minimum Royalty

    As predicted earlier this week, yesterday the Pennsylvania House Finance Committee voted to approve a 3.2% severance tax on top of the existing 5%+ impact tax (see RINOsaur DiGirolamo Says Vote on PA Severance Tax Coming Soon). Democrats and mainstream media are nearly orgasmic–this is as far as any severance tax bill has ever gotten in PA. The bill, House Bill (HB) 1401, now goes to the full House for a vote–maybe. It remains to be seen whether or not House Speaker Mike Turzai will allow a vote in the full House. There are procedural ways to tie up the bill. While it’s a crap shoot as to whether or not the full House would pass a Marcellus-killing severance tax, there is a section in HB 1401 that is sure to kill the bill–a guaranteed minimum royalty for landowners of 12.5%. Don’t get us wrong–we think the minimum royalty issue is very important and deserves a vote. PA Rep. Garth Everett has championed the issue, introducing a bill to accomplish that objective three times in the last six years (see PA Rep. Garth Everett Reintroduces Minimum Royalty Bill, 3rd Time). No doubt HB 1401’s chief sponsor Gene DiGirolamo (RINOsaur from the Philadelphia area) is hoping to gain support from landowners for the severance tax by grafting on the minimum royalty provision–in the style of Dr. Frankenstein’s monster. Take a body part here (severance tax) and a body part there (guaranteed minimum royalty), sew it together (HB 1401) and shock it into life with a vote. Landowners should beware of this ruse. The minimum royalty issue needs to be addressed separately, on it’s own, and not part of a severance tax bill…
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    PA Supreme Court Hears Arguments on DEP Request to Unblock Regs

    PA Supreme Court Justices

    In October 2016, after five years in the making, Pennsylvania adopted new shale drilling regulations (see PA’s New Chapter 78a Drilling Regs Go into Effect Oct 8). Although the regs were ready at the end of the Gov. Tom Corbett Administration, Corbett fumbled the ball and the regs didn’t get adopted, which left them vulnerable to the incoming left-leaning Tom Wolf Administration. Wolf’s people mangled the regulations under the Dept. of Environmental Protection (DEP) Dictator/Secretary John Quigley, who got fired over unethical collusion with Big Green groups. Some of the good stuff remained, but onerous new elements were introduced. The Marcellus Shale Coalition (MSC), which represents PA’s biggest shale drillers, filed an appeal in Commonwealth Court to block the most onerous aspects of the new regulations (see Marc. Shale Coalition Files Lawsuit to Block PA Chapter 78a Regs). The judge agreed to “temporarily” block some of the items in the MSC list (see PA Judge Temporarily Blocks Some DEP Chapter 78a Drilling Regs). In December, the DEP escalated the case by asking the PA Supreme Court to undo the block on those regulations imposed by the lower Commonwealth Court (see PA DEP Asks Supreme Court to Overturn Stay on New Regs). Yesterday the Supremes heard oral arguments in the case. Although one activist justice (Sallie Updyke Mundy) seems to want to grant the DEP’s request to allow the stopped rules from going into effect, several other justices appear to want to let the issue play out in the lower Commonwealth Court, preferring to goose the lower court into speedier action…
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    PA DEP Public Hearing on Japanese Gas-Fired Elec Plant in SEPA

    EmberClear Corp. (and its parent Ember Partners) is a Canadian-based company that builds and operates natural gas-fired electric generation plants in North America. In 2015, EmberClear filed an application to build a new 488-megawatt natural gas-fired electric plant in Birdsboro, in Berks County, near Philadelphia (see New NatGas-Fired Electric Plant Coming Near Philadelphia). 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). We call the Birdsboro project a “Japanese-owned” project, which it is, but in reality EmberClear is still the company building and operating it. The PA Dept. of Environmental Protection (DEP) has just announced they will hold a public hearing on the project, to consider issuing both a water permit and an erosion/sediment control permit for the project. The hearing will be on Nov. 2 in Birdsboro…
    Read More “PA DEP Public Hearing on Japanese Gas-Fired Elec Plant in SEPA”

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    Public Hearing Next Wk on Albany, NY Fracked Gas-Fired Electric Plant

    In May MDN brought you the news that New York Gov. Andrew Cuomo had announced plans to construct a new “state-of-the-art, locally-sourced mini-power grid” that will connect to the statewide electric grid but will also be able to operate independently, to power the Empire State Plaza in Albany–a complex of buildings in downtown Albany housing much of New York State government (see NY Gov Cuomo Building New Fracked Gas Elec Plant to Power Albany!). The energy-efficient microgrid will supply 90% of the power for the 98-acre downtown Albany complex, and is expected to save the Plaza more than $2.7 million in annual energy costs. The project will also remove more than 25,600 tons of greenhouse gases from the atmosphere each year–the equivalent of taking more than 4,900 cars off the road–supporting New York’s goal to reduce emissions by 40 percent by 2030 from 1990 levels. The fuel that will power this engineering marvel? Fracked shale gas from the Pennsylvania Marcellus Shale. Yep. Cuomo is a disgusting hypocrite. He won’t allow pipelines to bring in fracked gas, but he’s building a microgrid to power state government that uses that same fracked gas. Next Wednesday, Oct. 25, the NY State Power Authority and the Office of General Services will host a public information meeting to discuss the microgrid. There will no discussion of IF the plant gets built because Dictator-in-Chief Cuomo has decreed it. The meeting will be to parcel out details to the hoi polloi, so the little folk know what to (shut up and) expect…
    Read More “Public Hearing Next Wk on Albany, NY Fracked Gas-Fired Electric Plant”

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    FERC Chairman Neil Chatterjee Pledges Faster Pipeline Approvals

    Neil Chatterjee

    Newly minted chairman of the Federal Energy Regulatory Commission (FERC), Neil Chatterjee, made his first public appearance on Tuesday since being sworn in last August. Chatterjee addressed the Energy Bar Association’s 2017 Mid-Year Energy Forum in Washington, DC. Among some of Chatterjee’s choice comments, he said he wants to “significantly reduce” the amount of time it takes to review and issue certificates for natural gas pipelines. He also said he “strongly disagrees” with fellow FERC commissioner Cheryl LaFleur’s vote against authorizing the Atlantic Coast Pipeline and Mountain Valley Pipeline projects. In an extensive presentation, Chatterjee laid out his priorities, which he said is not a “drastic change” from the work done by FERC in previous years. Here is a revealing look into the thinking of Chatterjee, and what lies ahead in the coming months (and years) at FERC…
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    WV Builder Tells PSC Power Plant Can Burn Methane AND Ethane

    Energy Solutions Consortium, aka the father and son team of Andrew and Matthew Dorn–have been trying to build a 750 megawatt natural gas-fired electric plant in Follansbee (Brooke County), WV for years. In fact, the Dorns have a number of gas-fired electric plant projects on the board for WV, and have since 2015 (see Big News: 3 More Marcellus-Powered Electric Plants Coming to WV). However, the regulatory environment in WV creeps along, like molasses, and none of the projects are even under construction–yet. Last month WV’s Commerce Secretary Woody Thrasher said WV is downright unfriendly to electric plant projects (see WV Sec Commerce Says State Unfriendly to Gas-Fired Power Plants). Never a truer word spoken. Yesterday Andrew Dorn was in Charleston to testify before the state Public Service Commission about his company’s plans for the Follansbee plant. One of his comments caught our eye. The plant will be able to flip back and forth between burning methane and ethane, depending on the price. Dorn said his dual-fuel plant will give drillers in the region an outlet to sell their ethane, in case they can’t sell ethane to a cracker plant…
    Read More “WV Builder Tells PSC Power Plant Can Burn Methane AND Ethane”

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    Michigan DEQ Claims Rover Discharged Polluted Water into Wetland

    Rover Pipeline has been served a violation from the Michigan Dept. of Environmental Quality claiming the company discharged polluted water from its drilling operations into a wetland. Which may sound familiar, because Rover was cited for fouling a wetland in Ohio with 2 million gallons of drilling mud back in April (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). However, the Michigan story is completely different. Water coming from the pipeline project in Michigan (Washtenaw County) appears to contain gasoline in it. The water has a “sheen” and smells of petroleum. The DEQ theorizes that Rover’s work in the area has disturbed existing underground pollution from a now-closed gas station. Water that previously seeped into ground and was polluted by the old gas station is now (according to the theory) making its way into an area wetland. The pollution already existed–Rover didn’t cause the pollution. But the DEQ says Rover work caused the pollution to change locations, so Rover is to blame…
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    Shell Gives Shout-Out to Center for Responsible Shale Development

    Greg Guidry is the executive vice president of Shell’s unconventionals business. That is, he’s in charge of shale drilling for the company. Talking to a reporter at the Energy Dialogues LLC’s North American Gas Forum earlier this month, Guidry said shale is “a future growth opportunity because of its long-term growth potential.” Guidry is interested in promoting shale as “a lower-carbon energy source.” He believes the way to properly promote shale gas is by partnerships between the oil and gas industry and non-governmental organizations (NGO). Guidry then used the Center for Responsible Shale Development (CRSD), a group headquartered in Pittsburgh, as the model for how such a partnership can and should be done. In March 2013, the Center for Sustainable Shale Development (CSSD) burst onto the scene. It had been a closely guarded secret, the creation of a few hand-picked people from both industry and the environmental movement working together to see if there is any common ground on which both sides can agree that shale development would be safe, sustainable AND affordable. They worked hard for over a year and finally hammered out a set of 15 standards that if a driller (or midstream company or contractor) would meet, it would get a stamp of approval from both the industry and environmental groups as being a good goobie–a safe driller. In January of this year the CSSD changed its name to CRSD–the Center for Responsible Shale Development (see Chevron Recertified as Safe Driller; CSSD Changes Name to CRSD). So far only four drillers have gone through the process of certification: Shell, Chevron, EQT and CONSOL Energy. Guidry wants to see more operators sign up…
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    Bill to Reign in PA DEP, Other Agencies Takes Next Step

    Yesterday MDN told you about an effort under way in Pennsylvania to reign in the ever-expanding power of executive agencies in Pennsylvania, like the Dept. of Environmental Protection, by passing a law that requires the PA legislature to approve “economically significant” final regulations (see PA DEP Tries to Expand Its Power, Republicans Try to Reign It In). PA Rep. Dawn Keefer (R-Cumberland) previously introduced House Bill (HB) 1237, a common sense approach to step up the legislature’s oversight of regulatory agencies in PA. The House Commerce Committee reported the bill out yesterday. It now heads to the House State Government Committee, a committee working on the regulatory reform issue for some time. Below is a good description of the bill and what it would accomplish if enacted…
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    FERC Approves Atlantic Coast, Mountain Valley Pipeline Projects

    Great news delivered late Friday afternoon: The Federal Energy Regulatory Commission (FERC) issued final, full approvals for both the Atlantic Coast and Mountain Valley pipeline projects. Atlantic Coast is a $5 billion, 594-mile natural gas pipeline that will stretch from West Virginia through Virginia and into North Carolina. Mountain Valley 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. Both projects still face an uphill battle before they get built. The North Carolina Dept. of Environmental Quality (DEQ) issued a rejection letter for Atlantic Coast last week (see NC DEQ Rejects Plan for Atlantic Coast Pipeline – What’s Next?). The rejection, while a setback, does not mean the project is barred from the Tar Heel State. It simply means Dominion must provide more information to NC DEQ. Similarly, Mountain Valley first received a water permit from the West Virginia Dept. of Environmental Protection (DEP) in March, later to be withdrawn in September (see Trouble for Mountain Valley Pipe: WV DEP Withdraws Water Permit). Again, not a catastrophic development–it just slows down the process. Although FERC approved both projects, one of the three FERC commissioners, Cheryl LaFleur (Obama appointee holdover) voted against approving both projects. Her stated reason is that she does not think either project is in the public interest. Antis are (predictably) frothing at the mouth over FERC’s approvals, promising to sue, protest, and do whatever it takes to stop both projects. However, with FERC’s blessing, these projects are now assured of getting built. Below we have copies of the FERC approvals, along with select reaction to the news…
    Read More “FERC Approves Atlantic Coast, Mountain Valley Pipeline Projects”

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    NY DEC Appeals FERC Override of Millennium Pipe Decision

    The Andrew Cuomo-corrupted New York Dept. of Environmental Conservation (DEC) on Friday filed an appeal/challenge with the Federal Energy Regulatory Commission (FERC) contesting FERC’s recent ruling that essentially emasculates the DEC regarding their rejection of a tiny pipeline project in Orange County, NY. On Aug. 30, the DEC issued a letter to FERC and Millennium Pipeline denying Millennium’s request for a water permit to build a 7.8 mile pipeline spur from the main Millennium Pipeline to a natural gas power plant under construction in Orange County (see Corrupt NY DEC Denies Water Permit for 7.8 Mile Power Plant Pipeline). In their rejection, the DEC claimed that FERC’s review of the power plant project (that the pipeline will feed) is deficient based on a recently-decided court case about a pipeline project in Florida. Since the project the pipeline would feed is deficient (in DEC’s view), so too is the pipeline that feeds it. A few weeks later, in September, FERC fired back by overruling NY DEC and granting the project permission to proceed without NY approval (see History Made! FERC Overrules NY DEC on Millennium Pipe Permit). The DEC is now contesting that move, filing a petition for rehearing with FERC, which is the first step. If FERC decides to not reopen the case, the DEC will then file a lawsuit with the Court of Appeals. In their rehearing request, the DEC asks (begs, pleads) FERC that while this process is under way, the agency should not issue permission for Millennium to begin construction of the pipeline. Construction is urgently needed because the natural gas-fired electric plant the pipeline is supposed to feed will be done in early 2018. It will be interesting to see if FERC decides to snub the DEC (which we think/hope they will)…
    Read More “NY DEC Appeals FERC Override of Millennium Pipe Decision”

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    Constitution Pipeline Asks FERC to Override NY DEC

    The Andrew Cuomo-corrupted New York Dept. of Environmental Conservation (DEC) took more than two years to evaluate and eventually reject the Constitution Pipeline–a $683 million, 124-mile pipeline from Susquehanna County, PA to Schoharie County, NY to move Marcellus gas (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). Constitution went to court to overturn that decision, but ultimately failed in August (see Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?). Many analysts and lawyers believed it was lights out for the project (see Energy Attorneys Hint it’s ‘Lights Out’ for Constitution Pipeline). Hold your horses! Constitution, borrowing a strategy that worked for Millennium Pipeline, filed a request last week with the Federal Energy Regulatory Commission (FERC), asking FERC to overrule the DEC’s refusal to grant the water permit needed for the project. There is precedence. FERC recently did the same thing in another case (see History Made! FERC Overrules NY DEC on Millennium Pipe Permit). Constitution is on firm ground. The DEC took over two years to review the project. Statutorily the DEC only has one year to complete a review. It was on that same basis that FERC granted Millennium permission to build their project (review was too long), and Constitution is hoping FERC will now do the same for them…
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    PA DEP Tries to Expand Its Power, Republicans Try to Reign It In

    A troubling development over the past generation or so has been the rise of executive agencies that formulate and adopt their own laws–without said laws being voted on by a legislature. Those new laws are called “regulations.” Long ago the legislative branch of government ceded some (much!) of its power to these agencies. Can you imagine a legislature debating over every new line in a Dept. of Motor Vehicles manual? Or debating standards for nuclear reactors? It was thought that specialists should oversee such minutiae, so the legislature delegated their authority to various executive branch agencies–like the DMV, Nuclear Regulatory Commission, and Environmental Protection Agency. Not only is this done at the federal level, it’s also done at the state (even local) level. On the state level in Pennsylvania, the Dept. of Environmental Protection (DEP) is charged with developing regulations to protect PA’s environment. The DEP sits in the executive branch–under the oversight of the governor (currently Tom Wolf). However, over the years the legislative branch has lost much of its oversight over the activities and new regulations adopted by these agencies. Coincidentally (or not), the PA DEP has just launched an effort to (our words) expand its power in making new regulations. At the same time, a Republican House member has introduced a bill that restricts regulatory agencies like the DEP, and gives the legislature more of a say in how they operate. Looks like a battle is shaping up in the Keystone State over the (expanding) role of the DEP…
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    Monroeville, PA Hostile to Shale, Bans Drilling in Most Places

    Monroeville, PA

    For whatever reason, 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 was meant to hassle Huntley & Huntley, which had wanted to conduct seismic testing in two rural areas of the municipality. But that wasn’t enough for the anti-drilling zealots of Monroeville. On Tuesday, Monroeville Council voted to ban oil and gas well drilling everywhere except for those areas marked M-2 industrial zoning. This is a big change. Previously drilling permits were “conditional use,” meaning each permit was evaluated on its own merits, regardless of which zoning district it was located in. By limiting drilling to M-2, the Council has effectively banned drilling in the municipality. Which is a shame, as Huntley & Huntley’s headquarters is located in Monroeville. We think they should seriously consider moving out of the municipality, taking their considerable economic impact (jobs, tax revenue) with them…
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    Plum, PA Gives Huntley & Huntley Green Light for Shale Drilling

    Plum, PA

    Unlike the anti-drilling Luddites in Monroeville, PA who seek to stifle shale drilling in their municipality (see today’s story: Monroeville, PA Hostile to Shale, Bans Drilling in Most Places), the leaders in Plum, PA (shares a border with Monroeville, in Alleghany County) has approved a plan by Huntley & Huntley to drill a series of Marcellus wells in their municipality. Last week MDN told you that H&H plans to begin constructing a well pad in Plum next month (see Huntley & Huntley Starts Shale Drilling in Plum, PA Next Month). Plum officials gave H&H their blessing on the plan at a meeting on Wednesday. About 150 people showed up for the meeting, many against H&H’s plan to drill. Among the antis was a representative from FracTracker Alliance–a non-profit that pretends to be an impartial “watchdog” of the drilling industry. At the meeting the FracTracker rep revealed his out-of-the-mainstream, anti-drilling bias. He outted his organization as an anti-fossil fuel, Big Green group. Although there was plenty of the typical anti moaning and groaning at the meeting, to their credit, the Plum Council voted 6-1 to approve H&H’s plan to construct a well pad, and to drill several fracked Marcellus wells at the site…
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