Regulation

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    New FERC Quorum Votes Final Approval for NEXUS Pipeline

    Two new members added to the Federal Energy Regulatory Commission by President Trump (Neil Chatterjee and Rob Powelson), added to the Obama-appointed member (Cheryl LaFleur) have not wasted any time in authorizing their first major pipeline project as a group. Last week the trio voted to approve the first major pipeline project since a quorum has been reestablished–NEXUS, a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. On August 4th, NEXUS, which is a jointly owned project between DTE Energy and Spectra Energy (now part of Enbridge), sent a letter to the new FERC quorum urging fast action (see NEXUS Pipeline to FERC: Please Approve Project – NOW). Perhaps the letter did the trick. On Friday, August 25th, the three issued a certificate of public convenience and necessity (full copy below) allowing the project to move forward. Because of the delay when FERC was without a quorum, NEXUS says the pipeline will now evaluate and supply a new construction schedule, but they do plan to have the pipeline up and running sometime in 2018…
    Read More “New FERC Quorum Votes Final Approval for NEXUS Pipeline”

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    Lancaster Sisters of the Corn Lose Bid to Stop Atlantic Coast Pipe

    The Sisters of the Corn have lost their battle to prevent the Williams Atlantic Sunrise Pipeline from crossing their cornfield. Last month MDN told you about a group of Catholic nuns who, with the help of radical Big Green groups, cleared a portion of a corn field they own (local farmer uses for planting corn), plopped a couple of wooden park benches and portable flower trestle in the middle of the corn field, and declared the spot a “chapel” (see Catholic Nuns Use Radicals to Build Chapel in Path of PA Pipeline). It’s a joke. But they weren’t laughing. They really thought that (a) if they refused to sign an easement granting a right-of-way to Williams, and (b) if they stuck a couple of park benches in a corn field, a judge would stop the pipeline from passing through–at least on their land. They were wrong. The Sisters of the Corn (as we call them, the actual name is The Adorers of the Blood of Christ) were one of five holdout property owners who would not sign easements. Last week a judge granted the easements anyway. Atlantic Sunrise now has 100% of the land they need to build the pipeline. Oh! The interesting thing about the Sisters of the Corn? The Sisters use natural gas to heat a retirement community they operate on the very same property where they don’t want a natural gas pipeline…
    Read More “Lancaster Sisters of the Corn Lose Bid to Stop Atlantic Coast Pipe”

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    Haynesville Shale Tops Marcellus Rig Count, 1st Time Since 2011

    The Haynesville Shale, found in East Texas and Louisiana, last week surpassed the Marcellus for total number of active drilling rigs. That’s the first time the Haynesville has had more active rigs than the Marcellus since 2011–six years. What’s up with the “sleepy” Haynesville? It’s not so sleepy anymore. Last year one of the biggest and best drillers in the Marcellus, Range Resources, paid $4.4 billion to buy out and take over a Louisiana driller (see Range Resources Buys Louisiana Driller in Deal Worth $4.4B). Range drills in the Terryville Field in Louisiana, which sits just over top of the Haynesville. This year Range is spending 34% of their capital expenditure budget on Louisiana drilling–money that could have been spent in the Pennsylvania Marcellus. Why is the Haynesville picking up again? (1) It costs less to drill in Louisiana because taxes and other drilling costs are lower, and (2) pipeline infrastructure is already in place to sell the gas into higher-paying markets. This is a very loud warning to those in PA who say “drillers won’t go anywhere else ’cause the gas is here” as a justification for slapping a severance tax on top of the impact fee on top of a corporate state income tax: THEY’RE ALREADY LEAVING PENNSYLVANIA, going to the Haynesville and other plays. How obtuse can you be? How stupid is it to RAISE taxes when drillers are already shifting away from the state? If PA lawmakers insist on slapping drillers with a severance tax, drillers will be happy to turn the spigots off for a while until prices go up and they can afford to pay the tax. Drillers are equally happy to spend their money drilling new wells in other states, given regulatory problems and high taxes. And then where will your “easy money” come from to balance an overspent state budget?…
    Read More “Haynesville Shale Tops Marcellus Rig Count, 1st Time Since 2011”

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    Faux “Conservative” Group Runs Attack Ads re Fixing PA DEP

    We have more evidence that a so-called “Conservative” environmental group, calling themselves Conservatives for Responsible Stewardship, is anything but conservative. Let’s strip the euphemisms away, shall we? Conservatives for Responsible Stewardship is a group of liberal Democrats pretending to be conservative Republicans. It is a pretense. A lie. How do we know? It all goes back to the budget bill passed by the Pennsylvania Senate. Republicans, which control both the House and Senate in Pennsylvania, passed an unbalanced budget of $32 billion. Problem is, there’s only $30 billion of projected revenue. So after passing the spending part of the budget, the legislature (i.e. Republicans) now have to “come up with” $2 billion to cover the difference. The pressure has been intense to punish the successful Marcellus industry by stealing even more of their money (PA already takes an overly generous portion of their profits). Senate Republicans caved to the pressure and floated a spending plan that includes a severance tax (see Traitorous PA Senate Republicans Pass Severance Tax Bill). The House, so far, has resisted the siren song that wants to lure them onto the rocks of killing the Marcellus industry. The Marcellus industry has, for years, complained about the sloooooooow response times in approving drilling permits by the Dept. of Environmental Protection (DEP). As an olive branch to the industry, Senate Republicans also included (in the budget bill) fixes to the slow DEP, to speed things up (see PA Senate’s “Olive Branch” of “Relaxed Regulations” for Drillers). So-called Conservatives for Responsible Stewardship are now spending big money advertising against the Republicans who voted for the budget bill because of the DEP fix included. Thing is, a LOT of PA Senate Democrats (11 of 17) also voted for that budget–but “Conservatives” for Responsible Stewardship isn’t spending a dime to run advertising against the Democrats. What does that tell you?…
    Read More “Faux “Conservative” Group Runs Attack Ads re Fixing PA DEP”

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    Chester County, PA Town Floats Illegal Pipeline Ordinance

    Uwchlan Township in Chester County (near Philadelphia) has put itself on a path to get sued. The town is in the process of proposing and adopting new zoning ordinances that govern how pipelines can get built within town boundaries. The problem, of course, is that they don’t have that right. Federal pipeline projects are governed by federal law and the Federal Energy Regulatory Commission. State pipeline projects are governed by the state’s Public Utility Commission. Local yahoos can’t just take it on themselves to overturn federal and state law. Sorry boys and girls, it doesn’t work that way. You’ll need to suppress your inner anarchist. Some of the things the town wants sounds pretty tame: install secure fencing at the site, have an evacuation plan ready. But some things are certain litigation waiting to happen: pipeline operators must compensate the town for “any loss of tax revenue that results from a decline in real estate values” caused by construction the pipeline. And how, prey tell, will the town calculate that? Home values go up and down with the wind–year in and year out. Many factors beyond a pipeline affect property values. This is real hubris on the part of Uwchlan…
    Read More “Chester County, PA Town Floats Illegal Pipeline Ordinance”

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    More Pushback on PA Senate Plan to Fix Slow DEP Permit Reviews

    There is a growing storm of opposition to a plan put forward by the Pennsylvania Senate in the current budget bill to fix the problem of long delays in issuing permits by the state Dept. of Environmental Protection (DEP). Enough traitorous Republicans in the Senate joined with just about all of the Democrats in the Senate to pass a budget bill that slaps new taxes on natural gas–a severance tax on drillers and a gross receipts tax on consumers (see Traitorous PA Senate Republicans Pass Severance Tax Bill). As an olive branch to the industry, Senate Republicans also included (in the budget bill) fixes to the slow DEP, to speed things up (see PA Senate’s “Olive Branch” of “Relaxed Regulations” for Drillers). The DEP has a policy of issuing erosion and sedimentation permits 14 days from the date of application. These types of permits are common and necessary when building roads, well pads, etc. Lately it has taken the DEP 250 days to issue those permits! Permits related to drilling wells are supposed to take no more than 45 days. Those permits now average 93 days. The DEP is hopelessly backlogged–and it’s getting worse. The Senate olive branch was meant to address this serious issue. But of course antis have (and continue) to come out in force to oppose the fix. Now, an assortment of previous Secretaries of the DEP have also voiced their concerns about the plan–including a voice we highly respect, Michael Krancer…
    Read More “More Pushback on PA Senate Plan to Fix Slow DEP Permit Reviews”

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    It Begins: Radical Group Demands FERC Re-Do ACP Pipeline Review

    Yesterday MDN brought you the news that the radical Sierra Club had prevailed in a federal lawsuit against a trio of pipeline projects in the southeast (see DC Court of Appeals Legislates New Law re FERC & Global Warming). The ruling by the D.C. Court of Appeals requires the Federal Energy Regulatory Commission (FERC) to reconsider the projects based on their potential impact on mythical man-made global warming. As we said yesterday, it won’t take long for Big Green groups to use the decision to make trouble at FERC for other projects. Indeed, it’s already begun. The Southern Environmental Law Center (radical leftist group) is calling on FERC to throw out its previous environmental assessment for the Dominion $5 billion Atlantic Coast Pipeline (ACP)–a project that will run from West Virginia through Virginia and into North Carolina. Southern Environmental Law Center says FERC must now weigh the impacts of the pipeline on global warming, because 80% of the natural gas flowing through it will feed clean-burning natural gas-fired electric plants in the South. Apparently the nutters would rather have dirty coal than clean natural gas for electric power generation. Or perhaps they prefer no electricity at all? Just turn off those air southern conditioners and sit in the dark and sweat. This turn of events–a blizzard of FERC challenges–was entirely predictable…
    Read More “It Begins: Radical Group Demands FERC Re-Do ACP Pipeline Review”

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    Williams Northeast Supply Enhancement Pipeline Advances in PA

    In March of this year, Williams filed a full, official application for the Northeast Supply Enhancement project (see Williams Files with FERC to Expand Transco Pipeline to NYC, NE). The new project is meant to increase pipeline capacity and flows heading into northeastern markets. In particular, Transco wants to provide more Marcellus natural gas to utility giant National Grid beginning with the 2019-2020 heating season. National Grid operates in New York City, Rhode Island and Massachusetts. There are a number of components to the project, but the key component, the heart of the project, is a new 23-mile pipeline from the shore of New Jersey into (on the bottom of) the Raritan Bay–running parallel to the existing Transco pipeline–before connecting to the Transco offshore. Much of the Raritan Bay pipeline is located in New York territorial waters. In a case of “here we go again,” the New York Dept. of Environmental Conservation (DEC), which has been corrupted and politicized by Gov. Andrew Cuomo, sent a notice to Williams in July (to their Transco subsidiary) to declare the application for a 401 water-crossing permit for the Northeast Supply Enhancement project is deemed “incomplete,” pending certain items (see NY DEC Tells Williams NE Supply Water Permit App is “Incomplete”). However, NY isn’t the only state involved. The project wants to build 10 miles of pipeline, build four roads and build a new compressor station (next to an existing compressor) in Pennsylvania. Even though the PA Dept. of Environmental Protection (DEP) has been slow in issuing permits for drilling (see today’s story More Pushback on PA Senate Plan to Fix Slow DEP Permit Reviews), the DEP is far less dysfunctional than the NY DEC. The last Saturday the DEP published a notice in the Pennsylvania Bulletin that the agency will issue the necessary permits for the project in PA after a public comment period that ends on Sept. 18…
    Read More “Williams Northeast Supply Enhancement Pipeline Advances in PA”

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    PA Senate Slips Anti-Landowner Measure into State Budget Bill

    Not only did the Pennsylvania Senate pull a real boner by voting for a severance tax and gross receipts tax (see Traitorous PA Senate Republicans Pass Severance Tax Bill), they also slipped another provision in the PA budget bill that, until now, has gone unnoticed. This new provision has big implications for both landowners and drillers. The Senate slipped in Section 1610 (see the language below) which changes established lease law with respect to oil and gas wells that no longer produce anything. Under 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 Section 1610, drillers can resurrect those dead leases under a couple of conditions. If the landowner doesn’t officially state “your lease is now dead since you’re not producing anything” a driller quick-like-a-bunny restarts production at the well and sends the landowner a check, it would re-start (or continue) 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 (given a 3-month time limit), the driller is free to begin drilling a NEW well, under the OLD lease terms. Section 1610 really stinks, in our humble opinion. It means a driller can drill a new shale well after an old conventional/vertical well quits producing–without having to sign a new lease or pay a new bonus or negotiate a new royalty rate. Doesn’t seem right to us!…
    Read More “PA Senate Slips Anti-Landowner Measure into State Budget Bill”

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    FERC Issues Rover 8 Commandments to Restart Horizontal Drilling

    Rover is a $3.7 billion, 711-mile natural gas pipeline that will run from PA, WV and eastern OH through OH into Michigan and eventually into Canada. While Phase 1A of the pipeline is essentially done and ready to begin service by the end of this month (see Rover Pipe Ready to Flow! Seeks FERC Permission for Aug 31 Start), other important parts of the pipeline are not done. If Rover wants the entire pipeline to be up and running by the end of the year, they must restart underground horizontal directional drilling (HDD) in various locations where it is now stopped. In Ohio, Rover experienced a series of mishaps, the most serious of which spilled 2 million gallons of non-toxic drilling mud in a swamp near the Tuscarawas River back in April (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). An investigation by the Ohio Environmental Protection Agency (OEPA) found the presence of diesel fuel in the drilling mud, which means the mud wasn’t so non-toxic after all (see OH EPA Says Diesel Fuel Found in Rover 2M Gal Drilling Mud Spill). Rover believes sabotage may have been the cause (see ET Says Accident or Anti Sabotage Caused Diesel in Rover Mud Leaks). Since April, FERC has blocked all new underground HDD for the Rover project. Rover has asked (begged, pleaded) FERC, several times, for permission to restart the HDD work–at least in a few select locations. In July FERC gave Rover an initial todo list to get back in its good graces, but still would not lift the ban on HDD (see Frustrated FERC Gives Rover Todo List, HDD Drilling Still Blocked). FERC has finally responded with a list of eight (big) things Rover must do before HDD drilling can restart. We call them FERC’s Eight Commandments…
    Read More “FERC Issues Rover 8 Commandments to Restart Horizontal Drilling”

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    PA State Senator Floats Bill to Make Criminal Protesters Pay

    PA residents in Lancaster County have a keeper in freshman Senator Scott Martin. Back in May MDN reported that Martin was cooking up legislation to send the cleanup bill for illegal protests–to the protesters (see PA State Senator Introducing Law to Send Protesters Cleanup Bill). The bill is now here–Senate Bill (SB) 754 (full copy below). Sen. Martin has refined his ideas. Law and order folks (those of us who are sane, rational people) are tired of the lawless actions by a few who oppose pipelines, drilling, Trump…whatever. Sen. Martin and those in the drilling/pipeline industry fully support free speech the right of antis to make fools of themselves. It provides entertainment! What Sen. Martin and those in the industry don’t support, however, is when paid protesting thugs break the law by destroying property and blocking access to legal businesses attempting to do legal work. We saw how so-called environmentalists (who were actually anarchists) “protested” in South Dakota–leaving behind an environmental disaster that cost millions to clean up–far worse than any pipeline spill would have been. Police and first responders were deployed–at a cost of millions of dollars. South Dakota bore most of the cost. That is, taxpayers paid for it. Under Sen. Martin’s bill, if protesters break the law while protesting in PA, incidents that require police and other first responders to handle the situation, those law-breaking protesters will pay the cost of said police and first responders. WE LOVE IT! It’s about time people were actually held accountable for their illegal actions…
    Read More “PA State Senator Floats Bill to Make Criminal Protesters Pay”

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    KM Plans to Convert Tennessee Gas Pipeline to Flow M-U NGLs South

    TGP – section of pipeline to reverse & convert to NGLs (click for larger version)

    Here’s a story that wasn’t actively on our radar. It’s an old story, but is now in the news again with the recent quorum reestablished at the Federal Energy Regulatory Commission (FERC). In August 2013, exactly four years ago, midstream giant Kinder Morgan and competitor midstream company MarkWest Energy (now part of Marathon Petroleum) signed a joint venture agreement to repurpose a significant portion of Kinder’s Tennessee Gas Pipeline (964 miles of it) running from the Louisiana Gulf Coast to Ohio. That 964-mile portion of TGP currently flows natural gas from the Gulf northward. Kinder and MarkWest want to reverse the flow and instead flow natural gas liquids (NGL) through the pipeline from the Utica and Marcellus region south to the Gulf Coast. The project would also build a new 200-mile pipeline from TGP in Louisiana to Texas. In order to make the project happen, the first step is to ask FERC for permission to “abandon” (stop using) the 964-mile segment, called Pipeline No. 1, from Louisiana to Ohio. Which TGP did in Feb. 2015. The project progressed. Last November FERC issued a favorable environmental assessment for the project (full copy below). And then FERC lost a quorum of voting members in February of this year, stalling further progress. With a quorum now restored, antis in Kentucky, a state that seems to be allergic to any kind of pipeline for any purpose, have begun bellyaching about it. Which is what caught our attention. We’ve gathered together information we can find on this project–a potentially very important project–to move Marcellus/Utica NGLs to the Gulf Coast…
    Read More “KM Plans to Convert Tennessee Gas Pipeline to Flow M-U NGLs South”

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    Using FOIA, Antis Discover 2 Minor Infractions by Rover in WV

    Anti-fossil fuel activists attempting to stop the unstoppable Rover Pipeline are doing their best to smear and prejudice people against the project. Rover has had its share of problems. We’ve chronicled those problems–like leaking 2 million gallons of drilling mud in Ohio when performing underground horizontal directional drilling (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). The company also had problems with water filling up trenches dug for the pipeline when severe rain hit (see OEPA & Rover at Odds Over Storm Water Runoff, “Fine” Now $714K). Rover also had problems in West Virginia. The WV Dept. of Environmental Protection to stop work in two of four counties after storm water runoff/erosion issues there (see WV DEP Orders Rover to Stop Pipe Construction in 2 of 4 Counties). The stop work order was lifted after a few weeks. Antis, using the Freedom of Information Act, have “discovered” that Rover was cited for similar issues in two other counties. However, WVDEP and Rover worked it out and resolved those issues…
    Read More “Using FOIA, Antis Discover 2 Minor Infractions by Rover in WV”

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    Antis Pressure Virginia DEQ to Delay or Deny Permits for 2 Pipelines

    Anti-fossil fuelers, aided and abetted by liberal local media, continues the drumbeat to pressure the Virginia Dept. of Environmental Quality to either block, or greatly slow down, approvals needed to build both the $5 billion, 594-mile Dominion Atlantic Coast Pipeline (ACP) project and the $3.5 billion, 301-mile Mountain Valley Pipeline (MVP). Both pipelines start in West Virginia. ACP crosses through Virginia and stretches into North Caroline. MVP terminates in southern Virginia. Some oppose the projects due to an insane hatred of fossil fuels (the same fossil fuels that make their existence and protest possible). Others don’t want a pipeline cutting across their favorite horse pasture. Ruins the look, ya know. There have been a blizzard of lawsuits and legal actions to try and stop both projects (see Corrosive Use of Legal System Attempts to Stop M-U Pipelines). However, antis have learned if they can pressure, coerce or otherwise threaten environmental agencies, that can be the most effective strategy of all. It has certainly worked in New York, where our Dept. of Environmental Conservation, bowing to political pressure, has (so far) blocked three urgent/critical pipeline projects. Virginia antis are hoping for a repeat there. If they can only pressure the DEQ into blocking or delaying ACP and MVP, it would give new meaning to their pathetic lives…
    Read More “Antis Pressure Virginia DEQ to Delay or Deny Permits for 2 Pipelines”

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    Faux “Conservative” Group Campaigns Against Fixing PA’s Broken DEP

    A national group of antis calling themselves “conservative” are attempting to meddle in the affairs of Pennsylvania. If you’ve been reading MDN for any time, you know about the current huge, stinking mess of a budget in Pennsylvania. Republicans, which control both the House and Senate, passed an unbalanced budget of $32 billion. Problem is, there’s only $30 billion of projected revenue. So after passing the spending part of the budget, they now have to “come up with” $2 billion to cover the difference. The pressure has been intense to punish the successful Marcellus industry by stealing even more of their money (PA already takes an overly generous portion of their profits). Senate Republicans caved to the pressure and floated a spending plan that includes a severance tax (see Traitorous PA Senate Republicans Pass Severance Tax Bill). The House, so far, has resisted the siren song that wants to lure them onto the rocks of killing the Marcellus industry. So far. The Marcellus industry has, for years, complained about the sloooooooow response times in approving drilling permits by the Dept. of Environmental Protection (DEP). As an olive branch to the industry, Senate Republicans also included (in the budget bill) fixes to the slow DEP, to speed things up (see PA Senate’s “Olive Branch” of “Relaxed Regulations” for Drillers). Now we hear from some national group, calling themselves Conservatives for Responsible Stewardship, that the PA Senate plan to fix the DEP will create an environmental holocaust. Let us assure you, there is nothing “conservative” about Conservatives for Responsible Stewardship. They are Big Green liberals pretending to be conservative. They’re now spending big money (from their Big Green friends) to advertise, in a bid to pressure the legislature to dump the “fix the DEP” plan…
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    Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?

    In a disappointing, but perhaps not all that unexpected decision (full copy below), the U.S. Court of Appeals for the Second Circuit on Friday ruled against the Constitution Pipeline and their lawsuit against the Cuomo-corrupted New York Dept. of Environmental Conservation (DEC). The DEC dithered, for years, on a decision about whether or not to grant stream-crossing permits (Section 401 permits, a federal Clean Water Act thing) to the Constitution Pipeline, a $683 million, 124-mile pipeline from Susquehanna County, PA to Schoharie County, NY carrying Marcellus gas. The Federal Energy Regulatory Commission (FERC) authorized the project in 2014. Since that time the DEC delayed, and eventually denied permits for the project (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). So the Constitution (being built by Williams) sued the DEC in federal court (see Constitution Pipeline Case Goes to Court in 2 Weeks, Briefs Filed). We had hoped that the court would grant Constitution the right to commence building. But they didn’t. So now what? There are three options left for Constitution: (1) appeal the decision to the U.S. Supreme Court, (2) file a new case with the D.C. Circuit Court of Appeals (a different court), or (3) request FERC take matters into its own hands by deciding the DEC took too long (which would probably be challenged at the D.C. Circuit). The D.C. Circuit Court of Appeals is a different court than the Second Circuit that just ruled. Our best guess? Williams will take option #3 and ask FERC to overrule NY DEC and grant the permit themselves…
    Read More “Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?”