Regulation

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    NY DEC Grants Permit for Millennium Pipe Eastern System Upgrade

    The New York Dept. of Environmental Conservation (DEC) is tap dancing to explain why they refused to grant a water crossing permit for a 7.8-mile pipeline in Orange County to Millennium Pipeline Valley Lateral Project, yet a few days before that refusal they granted a water crossing permit to Millennium for the Eastern System Upgrade, which includes 7.8 miles of looping pipeline in yes, Orange County! The Millennium Pipeline stretches ~244 miles from Independence in Steuben County, NY to Buena Vista in Rockland County, NY. The Millennium, which is supplied by local production (much of it Marcellus Shale gas) and storage fields and interconnecting upstream pipelines, serves customers along its route in New York’s Southern Tier region and helps meet the energy needs of northeast markets. 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. Just days before the DEC denied a water permit for the Valley Lateral Project (see Corrupt NY DEC Denies Water Permit for 7.8 Mile Power Plant Pipeline), the DEC issued the same permit for the much larger ESU project. The DEC denied Valley Lateral on the premise that the Federal Energy Regulatory Commission (FERC) had not done a proper job in evaluating the global warming potential of the new power plant that pipeline will feed. Yet the DEC saw no problem with bumping up capacity by 223 million cubic feet of natural gas flowing per day along the mainline Millennium, which the ESU project will do. Lucy! You have some ‘splainin to do! Aside from the flaming DEC contradiction, Millennium has just asked FERC to please hurry up a final OK of the ESU project, before the DEC changes it mind…
    Read More “NY DEC Grants Permit for Millennium Pipe Eastern System Upgrade”

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    NY’s Critical Error in Denying Millennium Pipe for Power Plant

    On August 30th the New York Dept. of Environmental Conservation (DEC) issued a refusal to grant a water permit to Millennium Pipeline to build a tiny, 7.8 mile pipeline spur from the main Millennium Pipeline to an under-construction natural gas-fired electric generating plant in Orange County (see Corrupt NY DEC Denies Water Permit for 7.8 Mile Power Plant Pipeline). The electric plant will get finished either way, whether it’s fed by natural gas or, alternatively, by dirtier fuel oil. The DEC has blocked many (not all, but many) recently filed pipeline projects in the state–because of undue and corrupt influence from our governor, Andrew Cuomo. Cuomo seeks to appease his radical/left base. The DEC previously denied a water permit for the Constitution Pipeline, stating Constitution had not provided all of the required information the DEC needs to properly evaluate the project (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). The DEC later refused a water permit for NFG’s Northern Access Pipeline project (see Cuomo’s Corrupt NY DEC Blocks NFG Northern Access Pipeline Permit). In the case of Northern Access, the DEC claimed they did have enough information, but in their opinion the project would do too much damage to Mom Earth. Both the Constitution and Northern Access projects are in court to try and overturn the DEC’s decision to block. However, in refusing Millennium’s tiny 7.8 mile pipeline to the Valley Energy Power plant, the DEC claimed the Federal Energy Regulatory Commission (FERC) didn’t do a proper job in evaluating the project’s impact on mythical man-made global warming. The pipeline will feed gas to an electric plant, and the DEC says the electric plant will produce air emissions that will help toast Mom Earth. A couple of top energy attorneys from the law firm Blank Rome explain how the DEC has made a critical error in judgment with their refusal of the Millennium project, a decision they say stands a “very high” chance of being overturned on appeal…
    Read More “NY’s Critical Error in Denying Millennium Pipe for Power Plant”

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    No DRBC Frack Ban…Yet; A Look at DRBC Corruption & Incompetence

    Last week the rumor mill was hot with speculation that on Friday the Delaware River Basin Commission would release a draft document outlining their proposal to ban hydraulic fracturing in the Delaware River Basin permanently (see DRBC Secretly Working on Permanent Delaware Basin Frack Ban). Fortunately, that didn’t happen. But don’t start celebrating just yet. The rumors are still swirling. Apart from a single Associated Press article (run in dozens of newspapers), there has been no other coverage of this big news. Why is that? Why is mainstream media so uncurious about a potential DRBC frack ban? The person doing the real work on this story is MDN friend Tom Shepstone. Writing on his blog site Natural Gas Now on Saturday, Tom did a masterful job of chronicling the foibles of the DRBC–and he laid out how we got to where we are now, with a potential permanent ban. In a nutshell, landowners in Wayne County, PA sued to reverse a grievous error, challenging the DRBC’s authority to regulate fracking in the basin. That lawsuit, and the very real possibility that a decision will go against the DRBC, prompted radical environmental groups like THE Delaware Riverkeeper to push for a DRBC permanent ban. The effort for a permanent ban, which (for now) would only affect Wayne and Pike counties in PA, went into overdrive a few months ago. Here’s Tom’s excellent article, which will bring you up to speed and prepare you for when the news of a permanent ban eventually does break–possibly this week at the DRBC regularly scheduled meeting…
    Read More “No DRBC Frack Ban…Yet; A Look at DRBC Corruption & Incompetence”

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    DRBC Secretly Working on Permanent Delaware Basin Frack Ban

    It was just yesterday that MDN highlighted a story written by friend Tom Shepstone on his Natural Gas Now website theorizing that the Delaware River Basin Commission, long influenced by big money coming from the Haas family via the William Penn Foundation and their surrogates, is planning to implement a full ban on fracking in the Delaware River Basin (see Tom’s story: Is the William Penn Foundation Planning a DRBC Ban?). Looks like Tom is a soothsayer. Elements of the William Penn cabal are leaking, like a sieve, news that the DRBC is about to introduce a permanent frack ban, which includes a ban in Wayne and Pike counties in Pennsylvania. The proposed ban may be introduced as early as today. We suppose the news shouldn’t surprise us, given that in July anti groups, including the William Penn lobbying arm Delaware Riverkeeper, hit the panic button (because of a lawsuit) and ramped up an effort to push a permanent ban (see Anti Groups Panic, Demand Govs Ban Fracking in Dela. River Basin). The big question is what will the prevaricating PA Gov. Tom Wolf do? He has mouthed support for a moratorium, but so far has not signed on for a permanent ban. Will he sell out all the way and now support a ban–screwing thousands of his own constituents? Who knows. Here’s the breaking news…
    Read More “DRBC Secretly Working on Permanent Delaware Basin Frack Ban”

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    WB XPress Pipeline Gets Important USDA Approval for Natl Forest

    TransCanada’s WP XPress pipeline project has just scored an important permit from the U.S. Dept. of Agriculture (USDA) Forest Service that allows the project to move forward in the Monongahela National Forest. In Jan. 2016, Columbia Pipeline Group (now owned by TransCanada) filed a full, official application with the Federal Energy Regulatory Commission (FERC) for approval of the $850 million WB XPress Project (see Columbia Pipeline Files to Build $850M WB XPress Project in WV/VA). WB XPress consists of two new compressor stations, 26 miles of pipeline replacement located along existing corridors (11.6 miles of it in Monongahela National Forest), and 2.9 miles of new pipeline in Virginia and West Virginia. The WB XPress Project will expand capacity of the Columbia Gas Transmission pipeline system in the region by 1.3 billion cubic feet per day (Bcf/d), linking Marcellus gas supplies to new markets. FERC issued a favorable environmental assessment for the project in March of this year (see FERC Gives Columbia WB XPress Enviro Thumbs Up). While the Forest Service has given its blessing, the project still needs a final approval from FERC before it can begin construction–something TransCanada asked for just last week. Here’s where things stand with the WP XPress project…
    Read More “WB XPress Pipeline Gets Important USDA Approval for Natl Forest”

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    Mahoning County Bans Frack Ban Measure from Nov Ballot in Youngstown

    In July MDN told you that puppets of the PA-based Community Environmental Legal Defense Fund (CELDF) have once again gotten enough signatures to put a so-called Community Bill of Rights (i.e. frack ban) ballot measure on the ballot this November in Youngstown, Ohio–for the 7th time (see Youngstown Frack Ban Vote on November Ballot – for 7th Time). The same people have tried six times before–and the ballot measure failed every single time. However, as we pointed out, this time is different. In addition to the usual no fracking, no pipelines pablum, this 7th petition has language that makes it legal to break the law. You read that right. If the ballot measure were to pass, and if an anti got it into her head to sit in front of a bulldozer that was about to clear ground for a wellpad, or dig a trench for a pipeline, the police would not be able to arrest and remove the anti. It would be within her rights to sit there and block legal, legitimate activity–all in the name of saving the planet. It would, in essence, legalize mob rule. The good news is that the Mahoning County Board of Elections has had enough of this nonsense. The Board voted to NOT allow measure on the ballot in November. The antis (with the help of Big Green money) are firing up lawsuits…
    Read More “Mahoning County Bans Frack Ban Measure from Nov Ballot in Youngstown”

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    Dear FERC: Please Approve AC Pipeline in Sept; Love, Dominion+Duke

    Dominion Energy and Duke Energy hopes lightening will strike twice. In August, DTE Energy and Spectra Energy (now part of Enbridge), sent a letter to the new FERC quorum urging fast action to approve NEXUS Pipeline, a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada (see NEXUS Pipeline to FERC: Please Approve Project – NOW). A few weeks later, FERC approved it (see New FERC Quorum Votes Final Approval for NEXUS Pipeline). Dominion Energy and Duke Energy, joint owners of the $5 billion, 594-mile Atlantic Coast Pipeline–a natural gas pipeline that will stretch from West Virginia through Virginia and into North Carolina–yesterday sent a similar letter to FERC, requesting speedy action to approve their project. Hey, if it worked for NEXUS…
    Read More “Dear FERC: Please Approve AC Pipeline in Sept; Love, Dominion+Duke”

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    PA DEP Says 3 ME2 Spills Violate Agreement with Big Green

    It looks like Big Green has succeeded in conflating a mole hill into a mountain in Pennsylvania. In early August, Sunoco Logistics struck a deal with with several Big Green groups to provide stricter regulation for Mariner East 2 Pipeline’s underground drilling (see Sunoco Strikes Deal with Devil, “Settles” with Anti Groups re ME2). Part of the deal says if Sunoco experiences two leaks of drilling mud at the same location, they must shut down drilling in that location and wait for the state Dept. of Environmental Protection to further review drilling plans before they can restart. On August 24th there was a 50-gallon drilling mud spill into the Susquehanna River in Dauphin County related to ME2. A quick reminder: drilling mud, or “bentonite,” is non-toxic–the same stuff found in toothpaste and kitty litter. The 50-gallon spill would be like spilling 50 one-gallon jugs (maybe 10 bags) of kitty litter into the enormous Susquehanna River–a non-event. However, the Philadelphia-based Clean Air Council cried foul over the spill (see Big Green Group Makes Big Deal Out of Tiny ME2 Mud Spill). And now the state Dept. of Environmental Protection (DEP) has agreed, saying that spill plus spills in two other locations violate Sunoco’s agreement with Big Green…
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    2nd Approval for Virtual Pipeline in Broome County Not Assured

    As we reported last week, a Broome County, NY judge ruled yesterday that the Town of Fenton (Binghamton area) Planning Board did not take a hard enough look at environmental and traffic issues related to their approval of NG Advantage’s plan to construct a facility in the town to compress and load natural gas onto tractor trailers for delivery to regional customers who desperately need the gas–what is called a “virtual pipeline” (see Judge Rules Against Broome Virtual Pipe, NG Advantage to Try Again). The judge’s ruling delays the project for months at least. NG must now resubmit the project for approval by the Fenton Planning Board. Before doing that, NG must first conduct a full environmental impact study and an aquifer study. Even with environmental studies, don’t expect the locals, who appear to have very closed minds, to accept the outcome. That much was clear at a Fenton Planning Board meeting last night. Residents packed the small meeting room to voice their displeasure with the project. Until now the project has enjoyed overwhelming support by the Planning Board and Town of Fenton officials. However, that may be changing. Town of Fenton Supervisor Dave Hamlin said there is “no certainty” that NG’s new, second application will get approved by the Fenton Planning Board…
    Read More “2nd Approval for Virtual Pipeline in Broome County Not Assured”

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    New Project Seeks to “Uprate” Transco Pipeline in Northern NJ

    On Friday Williams announced a new pipeline project sure to spur controversy in nutty New Jersey. On Friday Williams filed an application with the Federal Energy Regulatory Commission (FERC) for the Rivervale South to Market project. The Rivervale project will expand the mighty Transco pipeline in northern New Jersey to deliver an extra 190 million cubic feet per day (MMcf/d) of low-carbon, clean-burning Marcellus Shale gas to markets in northern NJ and New York City. The project calls for “uprating” a little over 10 miles of pipeline (same pipeline with more pressure and more gas), and adding a half mile of new looping pipeline–which is more than enough to set off the environmental whackadoodles at the NJ Sierra Club. Here’s the good news that more fracked shale gas will be on the way to the NYC metro area in time for the 2019/2020 winter heating season…
    Read More “New Project Seeks to “Uprate” Transco Pipeline in Northern NJ”

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    TGP’s Susquehanna West Project Gets Green Light to Begin Service

    In April 2015 Kinder Morgan’s Tennessee Gas Pipeline (TGP) subsidiary filed an application with the Federal Energy Regulatory Commission (FERC) to build 8.2 miles of new looping pipeline in Tioga County, PA and beef up two compressor stations in Bradford County, PA. The $142 million project is called the Susquehanna West Project. It will increase capacity along the 300 Line section of TGP, bumping it up by 145 million cubic feet per day (Mmcf/d). All of the extra capacity is spoken for by Statoil and the wells they’ve drilled in NEPA. Last September, FERC approved the project (see FERC Approves Another KM Pipeline Project in the PA Marcellus). The project was forecast to be done and dusted, going online, by Nov. 1. Usually we bring you news about such projects being delayed. In a happy reversal of that trend, last week FERC granted Kinder Morgan permission to bring the project online, NOW, a full two months ahead of schedule. Christmas came early this year…
    Read More “TGP’s Susquehanna West Project Gets Green Light to Begin Service”

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    Corrupt NY DEC Denies Water Permit for 7.8 Mile Power Plant Pipeline

    Environmental radicalism has now fully metastasized at the New York Dept. of Environmental Conservation (DEC). The organization is nothing more than a political tool of the environmental far-left (and corrupt Gov. Cuomo), as evidenced in the DEC’s latest outrageous decision to deny federal water crossing permits to a 7.8 mile pipeline to feed an electric power generating plant in Orange County, NY–a plant currently under construction. The reason for the rejection? NOT because of any so-called harms to the environment due to crossing streams–the reason for the permits. No. But because, says the DEC, the Federal Energy Regulatory Commission (FERC), which evaluated the power plant project, didn’t take into consideration the plant’s potential contribution to mythical man-made global warming. In other words, the DEC just admitted they have denied a WATER permit based on other (political) criteria–not the criteria on which they were legally bound to decide. We predict the DEC will get crushed when this is all over and done. But the problem is, it will take years to litigate. Meanwhile, the Competitive Power Ventures (CPV) Valley Energy Center will complete its construction and go online in early 2018–powered by much-dirtier fuel oil instead of clean-burning natural gas. Congratulations to all of the antis, and the DEC, who oppose the power plant project. You’ll now have even MORE so-called global warming (and air pollution in the region) because of your lunacy…
    Read More “Corrupt NY DEC Denies Water Permit for 7.8 Mile Power Plant Pipeline”

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    Atlantic Sunrise Pipe Gets Water Permits from Army Corps, PA DEP

    The red lines show the Atlantic Sunrise Pipeline expansion. The light blue lines are the existing Transco system.

    Great news to report! Both the U.S. Army Corps of Engineers (ACE) and the Pennsylvania Dept. of Environmental Protection (DEP) have now issued federal Clean Water Act stream crossing permits for the Atlantic Sunrise Pipeline–a $3 billion, 198-mile pipeline project running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from northeastern PA with the Williams’ Transco pipeline in southern Lancaster County. In addition, portions of the project that don’t include laying new pipeline (the “brownfield” part of the project) running from Lancaster County, PA all the way to Choctaw County, Alabama go online today–reversing the mighty Transco and increasing its flow rate by 400 million cubic feet per day (MMcf/d). One permit remains to be issued–an air permit–by the PA DEP. Williams expects to begin construction on the new pipeline (“greenfield” part) later this month…
    Read More “Atlantic Sunrise Pipe Gets Water Permits from Army Corps, PA DEP”

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    PA DEP Reports: Air Emissions from Shale Industry Improved in 2015

    The Pennsylvania State Dept. of Environmental Protection (DEP) keeps track of emissions from various sources–including the shale industry. When drillers drill and pipeline companies pipe, the equipment used leaks some nasty stuff into the air. Frankly it’s no different for any industrial activity or business. Even homes. We all emit stuff into the air. The question is, how much do we emit and does it rise to the level of being harmful? Yesterday the DEP released air emissions numbers for the shale industry for 2015–the most recent year in which they have completed data. What does it show? According to DEP Secretary Pat McDonnell, it presents a “mixed picture.” Some of the nastiest pollutants, like nitrogen oxides (NOx), sulfur dioxide (SOx) and particulate matter (PM2.5), decreased from 2014 levels. Some things like methane (natural gas, considered a “pollutant” if it escapes into the atmosphere where it’s said to contribute to mythical global warming) are increasing. Because methane is increasing, McDonnell says more needs to be done to stem the leaking. On balance, this report looks pretty good to us–pollution from the gas industry (the things that really matter like NOx, SOx and PM2.5, are decreasing. A reason to celebrate the good work being done by the industry…
    Read More “PA DEP Reports: Air Emissions from Shale Industry Improved in 2015”

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    PA DEP Plans Redo of Chapter 78 Conventional Well Regs in 2018

    It looks like Pennsylvania’s conventional (non-shale) oil and gas drillers will get a reprieve from onerous new drilling rules–at least until next year. PA Gov. Tom Wolf has been obstinate in demanding onerous new drilling rules for the conventional, as well as unconventional (shale) drilling industry since he took office. Reworked drilling rules for both conventional and shale drillers were done and ready to go under previous Gov. Tom Corbett. Then Corbett lost to Wolf, and Wolf demanded changes to the common sense rules everyone had already agreed to (see New Draft Drilling Regulations in PA: Wastewater Impoundments Out). Wolf’s changes for conventional drillers threatened to run PA’s traditional, small conventional drillers out of business by applying the same regulations to them that will apply to shale drillers. The Pennsylvania Independent Oil & Gas Association (PIOGA) represents many of those small conventional drillers and vigorously fought back (see PIOGA Turns Up the Heat on Wolf/Quigley Over TAB/Chapter 78 and PA Board Adopts New Drilling Regs, PIOGA Blasts DEP “Deceptive”). In the end, Wolf’s own Democrat Party legislators in the House and Senate abandoned him and the writing was on the wall: The entire package of drilling rules, for both conventional (Chapter 78) and shale (Chapter 78a) was headed for defeat. The legislature was about to repeal both sets of newly-minted DEP rules–so in 2016 Wolf pivoted and decided to accept half a loaf–passage of the shale rules, Chapter 78a (see Wolf Really Didn’t Wise Up, He Just Took Half a Loaf re Drilling Regs). Since that time, we’ve not heard much about Chapter 78, which applies to conventional drillers. In the August 19 Pennsylvania Bulletin, the DEP published a short notice to say the agency will now wait until late 2018 before attempting changes to Chapter 78 for conventional drillers…
    Read More “PA DEP Plans Redo of Chapter 78 Conventional Well Regs in 2018”

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    Did Shell Pull a Fast One on Big Green Groups re Air Permit?

    Earlier this week MDN reported that Shell had settled an action brought by Big Green groups against an air permit issued for their now under construction ethane cracker plant in Beaver County, PA (see Shell Cuts Deal with Big Green Groups re Cracker Plant Air Permit). In 2015, two Big Green groups–the Philadelphia-based Clean Air Council and the Washington, DC-based Environmental Integrity Project (both disgusting litigation factories) filed a complaint against Shell to block the air quality permit needed to build the $6 billion ethane cracker in Monaca (see Big Green Groups File to Block Shell Cracker Air Quality Permit). The filing came after the state Dept. of Environmental Protection (DEP) approved the air permit for the facility. The two Big Green groups filed an appeal with the state Environmental Hearing Board, a special court set up to hear appeals of DEP decisions. The groups believe the DEP “should have required more stringent monitoring requirements for fugitive air emissions from Shell.” Specifically the groups wanted fence line monitoring. So Shell “caved” and agreed. But in reading an account of the agreement, it dawned on us, reading between the lines, that perhaps this is what Shell planned all along! That is, Shell already planned to do fence line monitoring. The settlement Shell signed earlier this week ensures the Big Green groups can’t bring any further actions with regard to the air permit. We don’t know for sure, but it seems to us like maybe Shell was playing a long game of chess, and knew this kind of action would come, and held back the fenceline monitoring piece until the right time to play it–trading the fence line monitoring pawn for inoculation against future Big Green litigation. Smart…
    Read More “Did Shell Pull a Fast One on Big Green Groups re Air Permit?”