Regulation

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    Rover Pipe Ready to Flow! Seeks FERC Permission for Aug 31 Start

    Click for larger version of Rover map

    While the Rover Pipeline remains in regulatory limbo with some of its construction, the vast majority of the pipeline as it snakes across Ohio is already done, or will be within the next few days. On Friday, Rover made an official request with the Federal Energy Regulatory Commission (FERC) to begin flowing natural gas through Phase 1A of the pipeline by August 31st. Phase 1A is three primary areas in Ohio: (1) the Cadiz Lateral, which is 3.5 miles of 30-inch diameter natural gas pipeline in Harrison County; (2) Supply Connector Line A, which is 18.6 miles of single, 42-inch diameter natural gas pipeline from the Cadiz tie-in in Harrison County extending north to Mainline Compressor Station 1 and the interconnection with Mainline A in Carroll County; and (3) Mainline A, which is the bulk of the new pipeline through OH–190.9 miles of single, 42-inch diameter natural gas pipeline originating at the Mainline Compressor Station 1 in Carroll County and terminating at the Defiance Compressor Station in Defiance County. In addition, Rover asked that the Panhandle-Rover Interconnect be turned on a few days ahead of the 31st so the gas will be ready to flow through the new Rover pipeline. This is (a) great news, and (b) something of a miracle, given the stiff headwinds Rover has faced with the Ohio EPA and FERC over several construction problems in recent months…
    Read More “Rover Pipe Ready to Flow! Seeks FERC Permission for Aug 31 Start”

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    WV Legislature Panel on NatGas Dev Meets Tuesday, Forced Pooling?

    The West Virginia Legislature has appointed a new Joint Committee on Natural Gas Development, composed of Senators and Delegates, to put their collective heads together to see how they can encourage more oil and gas development in the Mountain State. The committee will meet tomorrow for the first time. The effort is being supported by the West Virginia Oil and Natural Gas Association (WVONGA). In general, it certainly seems like a good idea–WV needs more drilling. However, WVONGA plans to use the committee as a platform to push its “modernized mineral efficiency laws”–i.e. forced pooling lite. As we reported last week, WVONGA is making an all-out push for new forced pooling laws in 2018 (see WVONGA Makes Plans to Push Forced Pooling Lite in 2018). There are two components to WVONG’s agenda: (1) Co-tenancy. The concept of co-tenancy means if a majority of mineral rights owners of a property (75%) want to lease the property for drilling, they can–even if a small 25% minority doesn’t want to lease. This helps overcome an urgent problem in WV where sometimes not all mineral rights owners can be found–or where someone with a sliver of the rights wants to blackmail (our word) the other rights owners for a larger share of the profits. (2) Joint development. This is the one we have a problem with. Currently there are a number of existing old leases, signed before shale drilling began, that prevents drillers from drilling a horizontal well across an individual property boundary line–until a new lease is signed. Joint development says if the driller already owns the leases on all adjoining properties that they want to combine into a drilling unit, they can do so without signing a new lease. WVONGA says it corrects a loophole that prevents more drilling from happening. Rights owners say joint development legislation lets drillers have a freebie–instead of signing a new lease (for more money), the driller gets something never envisioned when the original lease was signed. Although the topics of co-tenancy and joint development are sure to be raised tomorrow, the committee will look at more than just those issues. They will also consider how to attract more downstream (petrochemical) investment in the state…
    Read More “WV Legislature Panel on NatGas Dev Meets Tuesday, Forced Pooling?”

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    PA Gov. Wolf’s Non-Response Response on Atlantic Sunrise Delays

    Over the past year or more MDN editor Jim Willis has signed numerous petitions supporting the Atlantic Sunrise Pipeline project–but it wasn’t until he signed one at a recent Williams event that the got a response from Pennsylvania Gov. Tom Wolf. Atlantic Sunrise is a $3 billion, 198-mile natural gas pipeline project, most of which will get built in northeast Pennsylvania. The project is ready to begin construction, NOW, but still needs a few permits from the state Dept. of Environmental Protection (DEP). In an attempt to get the DEP (and Gov. Wolf) moving, Williams co-hosted an event in July to pressure the DEP and Wolf into granting final permits (see Atlantic Sunrise Pipe Rally: ‘Time to Kick Politicians in the Ass’). As guests entered the event, held at the Shadowbrook Golf Course in Wyoming County, PA, they were asked to sign a petition supporting the project. The petitions were delivered to Gov. Wolf and the DEP. Perhaps signing a paper petition, instead of an online/electronic petition, did the trick. MDN received a form letter email response from Gov. Wolf (below). In his response, Gov. Wolf says he supports pipeline development, but that he also supports “strong regulations” to protect people’s health, water, air, blah-biddy blah blah. It is a masterful example of saying nothing at all, while trying to appear you’re saying something. Here’s what we “heard” in Wolf’s response: Screw you–the project will get approved when it gets approved and I don’t care when that is”…
    Read More “PA Gov. Wolf’s Non-Response Response on Atlantic Sunrise Delays”

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    The Legal Dance Between States and FERC in Pipeline Approvals

    MDN has enthusiastically covered the story of Millennium Pipeline’s challenge of the New York Dept. of Environmental Conservation’s (DEC) refusal to (so far) grant a federal Clean Water Act stream crossing permit for a short, 7.8-mile pipeline from Millennium to natgas-fired electric plant currently under construction in Orange County, NY. States are given a year to respond to a request for such a permit, and the DEC was long past that date. So Millennium took the DEC to court–the U.S. Court of Appeals for the District of Columbia Circuit. In June the court dismissed the lawsuit by Millennium, which at first blush may seem like a blow. But it was the reasoning and opinion of the judges in dismissing the case that will change everything in New York. The judges said there is no case because if, as Millennium says, the DEC is denying the water permits, the Federal Energy Regulatory Commission (FERC) itself has the power to jump back in and simply override NY DEC and issue the permits (see DC Court Tells Millennium FERC Can Override NY DEC Pipeline Delay). Millennium took the judge’s advice and filed a request with FERC to do just that (see Showdown: Millennium Asks FERC for Permission to Ignore NY DEC). We’re now waiting the outcome of that request. Actually, the DEC said it has until the end of this month, August, to deliver the permit–so perhaps they will do it to avoid losing their power. How does these matters get resolved between states and FERC? Why do the Appeals Courts get involved when there is a dispute? Does the state have more than just a rubber-stamp approval role when it comes to issuing stream crossing permits? A well-written article from an energy attorney explains the process (something we found very helpful in our own understanding of how these things work)…
    Read More “The Legal Dance Between States and FERC in Pipeline Approvals”

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    Trump Signs Exec Order to Speed Up Pipelines, Infrastructure Work

    Pipeline companies face enormous governmental roadblocks when it comes to building new pipelines. “Red tape” doesn’t begin to describe the hassles they face in going from government agency to government agency in order to build an interstate pipeline. Yesterday, with the stroke of a pen, President Trump helped correct that situation. Trump signed a new executive order that will speed up approvals of permits for highways, bridges, pipelines and other major building efforts by shortening the time for environmental reviews. Trump’s executive order (full copy below) revokes an idiotic Obama executive order aimed at reducing exposure to flooding, sea level rise and other consequences of mythical climate change. Obama intentionally screwed things up and created long delays. Trump is fixing it. The American Petroleum Institute and business groups applauded the new EO and said it will directly translate into more jobs…
    Read More “Trump Signs Exec Order to Speed Up Pipelines, Infrastructure Work”

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    PA Rep. Ortitay Intros Watered-Down Minimum Royalty Bill

    Pennsylvania Rep. Jason Ortitay, Republican from South Fayette (Washington & Allegheny Counties), PA who replaced Jesse White in January 2015 (see Pro-Driller Ortitay Replaces Anti-Driller White in PA House) has introduced a new bill in the PA House to bridge the gap between landowners who want a guaranteed minimum royalty of 12.5% regardless of post-production costs, and drillers who adamantly oppose a guaranteed minimum royalty. Rep. Garth Everett, Republican from Lycoming County, has been the champion of landowners and their quest to stop what they see as an abuse of the contracts they signed by implementing a state-mandated 12.5% minimum royalty–even if post-production costs eat into it (see PA Rep. Garth Everett Reintroduces Minimum Royalty Bill, 3rd Time). Landowners and groups representing them, like the National Association of Royalty Owners (NARO), point to abuses by companies like Chesapeake Energy and claim some drillers cook up deals with pipeline/processing companies to overcharge, deducting it from royalty checks, and then getting the money back from those pipeline companies via investments. Kind of a kick-back scheme. Drillers maintain you can’t upend legal contracts in response to one or two rotten apples in the barrel. Ortitay believes he can navigate the middle ground, proposing a bill that will require drillers to itemize the deductions made from royalty checks, and prevent drillers from sending landowners a bill, which is beyond-words offensive. Can you imagine any landowner signing a lease that requires the landowner to pay the driller when prices go low? It’s ludicrous, and Ortitay’s bill, House Bill (HB) 1708 aims to fix it…
    Read More “PA Rep. Ortitay Intros Watered-Down Minimum Royalty Bill”

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    WVONGA Makes Plans to Push Forced Pooling Lite in 2018

    The West Virginia Oil & Natural Gas Association (WVONGA) plans to push, once again, for what MDN calls forced pooling lite in the next session of the legislature scheduled for early 2018. Forced pooling legislation in West Virginia has been put forward five times in the past seven years–and each time it has failed to win enough votes in the WV legislature. This year, WVONGA changed tactics and renamed forced pooling as co-tenancy and joint development (see WV Won’t Push Forced Pooling, Will Push Joint Dev. & Co-Tenancy). Co-tenancy says a majority of rights owners can vote to accept a lease for drilling. It corrects a situation in which multiple rights owners are listed for a property–and sometimes (often?) it’s difficult to track them all down and get them to sign on the dotted line. Joint development is a bit more nuanced. Currently there are a number of existing old leases, signed before shale drilling began, that prevents drillers from drilling a horizontal well across an individual property boundary line, until a new lease is signed. Joint development says if the driller already owns the leases on all adjoining properties they want to combine into a drilling unit, they can do so without signing a new lease. WVONGA says it corrects a loophole that prevents more drilling from happening. Rights owners say joint development legislation lets drillers have a freebie–instead of signing a new lease (for more money), the driller gets something never envisioned when the original lease was signed. WVONGA came close this year to getting co-tenancy and joint development passed–Senate Bill 576 (see WVONGA Delivers ~1,000 at Rally to Support Co-Tenancy, Joint Dev.). However, like other forced pooling bills before it, SB 576 didn’t get passed. So WVONGA has signaled it will push once again next year, this time renaming (euphemizing) forced pooling lite as “mineral efficiency”…
    Read More “WVONGA Makes Plans to Push Forced Pooling Lite in 2018”

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    Big Green Groups Stage Walkout at PA DEP Atlantic Sunrise Hearing

    Last night the Pennsylvania Dept. of Environmental Protection (DEP) held one final public hearing for the Williams Atlantic Sunrise Pipeline project–in Lancaster. As we previously reported, anti-fossil fuel nutters planned to gather prior to the meeting so they could choreograph a “walkout” of the meeting, as a form of protest (see PA DEP to Hold Final Atlantic Sunrise Hearing, Antis Plan Walkout). Indeed that is just what happened. A group of petulant babies got up during the meeting, theatrically put on surgical masks, and walked out. They then held their own meeting outside, to regurgitate the same lies and smears they’ve been spreading for months. Meanwhile, inside the meeting, the adults who remained spoke up about legitimate concerns with the project, which is why the meeting was held in the first place…
    Read More “Big Green Groups Stage Walkout at PA DEP Atlantic Sunrise Hearing”

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    Michigan County Tells FERC NEXUS Won’t Clean Up After Itself

    The Washtenaw County (Michigan) Road Commission has written a letter to the Federal Energy Regulatory Commission (FERC), requesting FERC deny a certificate to build the NEXUS Pipeline because (they claim) NEXUS has bullied them. It seems the Road Commission has been working with NEXUS over the past year to prepare for the pipeline. The Road Commission wants NEXUS to jump through all sorts of hoops, do handstands, backflips, and in general, dance to the Road Commission’s tune. And because NEXUS isn’t willing to bend all the over backwards, the Road Commission is miffed. The Road Commission is the lord of their domain, and no outsider is going to do anything without their permission. So the Road Commission has run to mommy (FERC) and started bawling that NEXUS are meanies and they won’t pick up after themselves and they’re just BULLIES. So FERC should just go ahead and shut the whole $2 billion, 255-mile interstate pipeline project down (that will run from Ohio through Michigan)–because of one whiny Road Commission in one county…
    Read More “Michigan County Tells FERC NEXUS Won’t Clean Up After Itself”

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    PennEast Pipeline Asks FERC for Expedited Final Approval

    Jeff Tittel, the head of the New Jersey Sierra Club, last week called President Trump a “fossil fool in the White House” and panned Trump for doing his Constitutional duty in appointing new members to the Federal Energy Regulatory Commission (FERC). Tittel’s latest titillation came in response to PennEast Pipeline sending a letter to FERC last Thursday requesting the agency move forward posthaste with granting the project a final certificate to proceed to construction–something that terrifies Tittel and his sidekick, THE Delaware Riverkeeper, Maya van Rossum. Tittel and van Rossum have staked their reputations and the reputations of their anti-fossil fuel groups on stopping PennEast. So once the bulldozers fire up and begin digging trenches, it’s all over for them. They might actually have to find real jobs. Below is PennEast’s request to FERC along with the instantaneous (and paranoid) reaction from several Big Green radical groups….
    Read More “PennEast Pipeline Asks FERC for Expedited Final Approval”

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    Monroeville, PA Close to Passing Restrictive Seismic Testing Ord.

    Monroeville, PA (suburb of Pittsburgh) is making moves to restrict seismic testing within municipal boundaries–a move meant to restrict future shale well drilling in the area by Huntley & Huntley. In a July story, MDN brought you the news that Cougar Land Services, a subcontractor working with Huntley & Huntley, is planning to conduct seismic testing in two rural areas of the municipality, including “small portions” of Monroeville’s northernmost and southernmost tips (see H&H: Seismic Testing Coming to Monroeville, Not to Oakmont). Monroeville Council recently voted to publish a draft of its new seismic testing ordinance for 30 days of public comment, which means they intend to adopt it following that period. The restrictions are meant to hassle anyone wanting to conduct seismic testing, i.e. Huntley & Huntley. Which is kind of sad, as H&H is headquartered in Monroeville. Kind of like spitting in the company’s face. Perhaps H&H should consider moving? At any rate, H&H says they are reviewing the ordinance now and if it “is outside the state parameters,” H&H will litigate…
    Read More “Monroeville, PA Close to Passing Restrictive Seismic Testing Ord.”

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    PA’s Regulatory Mess Slows Marcellus Drilling – Time to Fix It

    Since Tom Wolf assumed office as governor of Pennsylvania in January 2015, the state Dept. of Environmental Protection (DEP) has been in a downward spiral when it comes to the speed with which they approve permits for the Marcellus Shale industry. 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. When PA’s traitorous Republican Senate sold out and signed on to a Marcellus Shale severance tax back in July, the Senate also approved (as part of the budget bill) fixes to speed up the permitting process (see PA Senate’s “Olive Branch” of “Relaxed Regulations” for Drillers). Since DEP can’t seem to fix its own mess, the Senate is willing to “lend a hand” to help them get it done. Kathryn Klaber, former president of the Marcellus Shale Coalition and now CEO of The Klaber Group, writes about the necessary revisions to PA (and the country’s) regulatory mess. She makes the point loud and clear that tweaking regulations is not an attack on the environment, as radicals seek to spin it…
    Read More “PA’s Regulatory Mess Slows Marcellus Drilling – Time to Fix It”

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    FERC Open Meetings Restart on Sept 20, Some Votes Coming Sooner

    The Federal Energy Regulatory Commission (FERC) sent an important signal last week: the agency is open for business and they won’t wait until the first public meeting (Sept. 20th) to begin voting on important pipeline projects. That’s our take after reading a notice posted by FERC, and after reading statements made by a FERC spokesperson. Which is good news for the many pipeline projects currently in limbo. A quorum of voting members was reestablished last week when both Neil Chatterjee and Robert Powelson were sworn in (see FERC Quorum Restored; New Chairman; List of Stalled Pipe Projects). There are now three (of five) commissioners appointed and working–enough to cast votes on important/big/”controversial” pipeline projects. Typically such votes are cast in an open and public meeting, held monthly. The next such meeting will be held Sept. 20th, according to a FERC announcement. However, the same announcement hints that voting will go on now, ahead of the public meeting, and projects can (likely will) get approved now, ahead of the monthly public meeting…
    Read More “FERC Open Meetings Restart on Sept 20, Some Votes Coming Sooner”

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    CORNballs Get Cornier – Say They’ve Been “FERC’d” re NEXUS Pipe

    The CORNballs of Ohio are not happy campers in their quest to try and shut down the $2 billion, 255-mile NEXUS interstate natural gas pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. CORN stands for Coalition to Reroute NEXUS. CORNballs is what we affectionately call the group–as a way of pointing out their nutty real purpose, which is to try and shut the NEXUS project down. Their aim has nothing to do with “rerouting” and everything to do with shutting it down. In May 2017, the CORNballs revealed their true colors when they filed a lawsuit in federal court in Akron, OH (see CORNballs Strike Again, File Lawsuit to Stop NEXUS Pipeline). As part of that lawsuit, lawyers for the CORNballs filed claims the Federal Energy Regulatory Commission (FERC) acted illegally during the approval process (see CORNballs Accuse FERC of Illegally Approving NEXUS Pipeline in OH). As we said at the time, “Good luck with proving that in court.” NEXUS filed a motion to dismiss this frivolous case, based on the fact the federal court in Akron doesn’t have jurisdiction, and earlier this week that is just what happened. The court said they don’t have jurisdiction to consider the lawsuit. The news seems to have hit the CORNballs pretty hard. They’re not only upset about the court decision, but also about the U.S. Senate performing their Constitutional duty by voting to confirm two new commissioners for the federal agency that approves projects like NEXUS–the Federal Energy Regulatory Commission (FERC). One CORNball quipped they’ve been “FERC’d”…
    Read More “CORNballs Get Cornier – Say They’ve Been “FERC’d” re NEXUS Pipe”

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    FERC Quorum Restored; New Chairman; List of Stalled Pipe Projects

    Neil Chatterjee – New (temporary) FERC Chairman

    A bunch of Federal Energy Regulatory Commission (FERC) news to report. On Tuesday, FERC commissioner nominee Neil Chatterjee was sworn in, bringing the voting tally to two (of five). Yesterday, nominee Rob Powelson was sworn in, bringing the vote tally to three of five–which is now a quorum. Hooray! There are some $50 billion worth of pipeline and electric projects on hold due to lack of a voting quorum at FERC. Those projects, many of them in the Marcellus/Utica, will not move forward. In addition to the new quorum, President Trump named Chatterjee as the new (and temporary) chairman of FERC. The chairman drives the agenda and sets up the votes, so it makes sense for Trump to pick one of his own to fill the position. That means existing chairwoman Cheryl LaFleur (Democrat), who has been temporary in the position since January, will now resume her role as just a “regular” FERC commissioner. Why is Chatterjee only temporary? Because Trump has announced he wants another nominee, energy lawyer Kevin McIntyre, to become the chairman once the Senate has approved him. In an interview, Chatterjee observed this has been the first time in FERC’s 40 year history that the group has been without a quorum. Below we update you on the news, and bring you the complete list of pending pipeline projects that need a vote by FERC’s new quorum…
    Read More “FERC Quorum Restored; New Chairman; List of Stalled Pipe Projects”

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    Judge Approves Sunoco Deal w/Devil; Radical Groups Brag About Win

    Yesterday MDN brought you the news that Sunoco Logistics Partners had cut a deal with the devil, meaning three radical Big Green groups, to slow down but eventually complete work on the Mariner East 2 natural gas liquids (NGL) pipeline project in Pennsylvania (see Sunoco Strikes Deal with Devil, “Settles” with Anti Groups re ME2). The deal means Sunoco has to re-submit plans for underground horizontal direction drilling (HDD) in 47 locations to the PA Dept. of Environmental Protection (DEP) for review. The DEP will then get 21 days to review those re-worked plans. But the plan needed to be blessed by Environmental Hearing Board Judge Bernard Labuskes Jr. first. Yesterday Judge Labuskes gave the plan his stamp of approval. Now the three Big Green groups–Clean Air Council, Mountain Watershed Association, and Delaware Riverkeeper Network–are bragging about their victory. High-fiving each other and taking pot shots at the DEP and one of their own–Democrat Gov. Tom Wolf. Wolf is not “pure” enough for Big Green nutters. Only a complete shut-down of the project would be acceptable, which Wolf does not support. However, the Big Greeners are pragmatic. They’ll take half a loaf–in this case slowing the project down…
    Read More “Judge Approves Sunoco Deal w/Devil; Radical Groups Brag About Win”