Regulation

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    Shell Files PA Application for Ethane Pipe to Feed Cracker Plant

    Click to view a larger version of the map

    Shell’s long-talked about ethane pipeline, called Falcon Pipeline, is finally official. That is, official in the sense that Shell filed an application with the Pennsylvania Dept. of Environmental Protection last week, looking for permission to build it. Brief history: In February 2016, MDN brought you exclusive news that Shell had begun approaching landowners in Beaver County to get them to sign easements for two ethane pipelines to feed the mighty cracker plant they plan to build in the county (see Exclusive: Shell Leasing Land for 2 Pipelines to PA Cracker Plant). At that time Shell had still not fully committed to building the cracker–something they finally did in June 2016 (see Breaking: Shell Pulls the Trigger, PA Ethane Cracker is a Go!). NGI’s Shale Daily broke a story in August 2016 that shed new light on the project–news that Shell is working on a 94-mile ethane “pipeline system” with two “legs” to feed the cracker, confirming the tip we received in February (see Shell Working on 94-Mile Ethane Pipeline to Feed PA Cracker). As NGI reported at that time, the new ethane pipeline system has a name: the Falcon Ethane Pipeline System. In October 2016 Shell launched a binding open season for the Falcon pipeline (see Shell Launches Open Season for PA-WV-OH Falcon Ethane Pipeline). You might justifiably think that with open seasons and a scad of easements signed between landowners and Shell, that the project had already filed for permission to build. Not so. Last week Shell made it official by filing that paperwork–for the portion of the pipeline running through PA…
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    FERC Issues Final Approval for Delmarva Pipeline Expansion

    In July 2016 MDN told you about a smallish, but important pipeline project in the Delmarva Peninsula area, which includes most of Delaware and portions of Maryland and Virginia. Eastern Shore Natural Gas’ 2017 System Expansion project will bring new sources of natgas from an interconnection Eastern Shore has with the mighty TETCo (Texas Eastern Company) pipeline near Philadelphia (see PA/MD/DE Pipeline Project Heats Up with Open House Mtgs This Week). The project includes 22.7 miles of new looping pipeline (laid next to existing pipeline) in Pennsylvania, Maryland and Delaware; a 16.9-mile extension to a pipeline in Sussex County, DE; and upgrades to compressor and valve stations. Chesapeake Utilities, the parent company, calls the project the single largest such expansion in Eastern Shore’s history, a project that will bump up gas delivery volumes by 25%. In May the Federal Energy Regulatory Commission (FERC) gave the project a glowing environmental review (see Delmarva Pipeline Expansion Gets Positive FERC Enviro Review). A favorable EIS from FERC is typically prelude to a full, final approval. And such is the case with this project. On Wednesday, FERC issued a certificate approving the project–a final approval. The next step will be for Chesapeake Utilities, the parent company building the project, to request FERC permission to start the bulldozers and backhoes…
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    Southwestern Energy Reduces Methane Leaks, WITHOUT Onerous Regs

    The debate rages, both nationally and on the state level (in Pennsylvania, anyway) about the best way to reduce fugitive methane. That is, to stop methane from leaking out of pipes and into the atmosphere where it supposedly contributes to mythical man-made global warming. Leaving aside the nonsensical global warming stuff, it’s in the best interests of any producer (or pipeline company) to ensure no methane molecules leak out of the system. It’s the stuff they extract and sell! They don’t want their inventory flying away into heaven. The debate is how best to ensure less methane leaks. On one side you have the typical Big Government types that want to regulate everything, down to the type of equipment you use to detect leaks and the methods for fixing it. We have nothing against common sense regulations, but as everyone knows, government tends to screw things up, rather than fix things. On the other side you have drillers and midstream companies who content “just give us a standard and let us figure out how best to meet that standard.” Case in point is Southwestern Energy. Southwestern launched a leak detection and fixing program five years ago–and has dramatically cut the amount of methane leaking from its operations. Southwestern, and others, show us the way it should be done, WITHOUT needing onerous regulations from the federal government or from the regulation-happy PA Gov. Tom Wolf…
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    Greene County, PA Green Lights APV Marcellus-Fired Electric Plant

    In March MDN brought you the news that APV Renaissance Partners (a subsidiary of American Power Ventures) wants to build a 1000 megawatt, combined-cycle power plant at the old Hatfield’s Ferry site in Greene County, PA–to be powered with Marcellus Shale gas (see Marcellus Gas-Fired Power Plant Coming to Greene County, PA). In April, APV officially unveiled their plans for the old Hatfield’s Ferry site, in Monongahela Township (see More Details on Marcellus Power Plant Coming to Greene County, PA). On Monday, the Greene County Planning Commission granted conditional final approval for the project. Before APV gets final final approval from the county, it must first meet a number of conditions–most of them a part of the state permitting process. Here’s the good news that the APV project is one step closer to reality…
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    2nd Marcellus-Fired Electric Plant Proposed for Greene County, PA

    In reporting on APV Renaissance Partners’ plan to build a 1000 megawatt electric power plant in Monongahela Township (Greene County), PA, today, we noticed an interesting closing paragraph in the story we quoted, which says: “Another energy company, Hill Top Energy Center, also has proposed constructing a natural gas power plant in Greene County. Hill Top has proposed building a 536-megawatt plant on 41 acres of land off Thomas Road in Cumberland Township. A public hearing on Hill Top’s proposed air quality plan will be held by DEP at 6 p.m. Nov. 2 in the Carmichaels Area High School auditorium.” A second Marcellus-fired power plant planned for Greene! Who knew? We went searching for details we could find to share with you about this second project, which will get a DEP hearing in a month…
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    Warning: Secret Pipeline Ban on New York Ballot in November

    Next month when New Yorkers go to the polls to cast their votes (an illusory scam in Communist NY), there will be three Propositions on the ballot. One of the three is called, “Authorizing the Use of Forest Preserve Land for Specified Purposes.” The one-paragraph description implies municipalities will have more flexibility in using “preserved” land–so long as they designate the same amount of land to be added back to the pool of preserved land. It also allows bicycle trails and public utility lines to cross preserved land. However, what the description does not say (which can be found in a full reading of the proposition) is this: the proposition “prohibits the construction of a new intrastate gas or oil pipeline that did not receive necessary state and local permits and approvals by June 1, 2016.” So no new intrastate (within the state) pipelines through preserved land, period. Ever. Even though electric lines crossing preserved land are just fine. Why is Gov. Cuomo trying to hide this from residents? Will NY residents even wake up and notice they don’t know what they’re actually voting for (or against)? That’s how sleazy politics is played in the Empire State…
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    NEXUS Pipe Seeks to Begin Construction Oct 10; List of Contractors

    NEXUS Pipeline map – click for larger version

    Something just now coming to light. Last week NEXUS Pipeline sent a request to the Federal Energy Regulatory Commission (FERC) requesting that it be allowed to begin construction of the pipeline “on or before” Tuesday, October 10th. That’s next Tuesday, folks! NEXUS is a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. NEXUS received final approval for the project from FERC in August, the first major pipeline to get approved following a newly restored quorum at FERC (see New FERC Quorum Votes Final Approval for NEXUS Pipeline). Two weeks ago one of the final remaining hurdles came down when the Ohio EPA granted a water permit for the project (see Ohio EPA Grants Water Permit to NEXUS Pipe, “Learned” from Rover). The project still faces court challenges (see CORNballs, Sierra Club Continue to Fight NEXUS Pipeline in Court), however, those challenges are long-shots. Given that all permits have been issued, last Thursday NEXUS sent FERC a request to begin construction (see the request below). As part of the request, the contractors that will build the pipeline were named. We’ve pulled those names into a handy list, for those looking for jobs and those who want to sell goods and services to the companies actually building the pipeline…
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    Latest PA Budget Bill Drops Fix for Slow DEP Permit Reviews

    In an issue that’s growing old, fast, the Pennsylvania legislature has still not dragged the dead horse known as the 2017 state budget across the finish line. It all started months ago when the Republican-led legislature passed a $32 billion budget–with only $30 billion available to pay for it. Big mistake. The pressure was intense to pass a severance tax to help fill the gap. Traitorous Republicans in the Senate caved to that pressure and in July passed a budget bill that hikes taxes on lots of things, including a severance tax (see Traitorous PA Senate Republicans Pass Severance Tax Bill). As part of that misguided and mangled budget bill, Senate Republicans slipped in fixes to the state Dept. of Environmental Protection’s chronic delays in issuing permits related to shale drilling (see PA Senate’s “Olive Branch” of “Relaxed Regulations” for Drillers). As we said at the time, the writing was already on the wall–Democrats would lobby to remove the DEP fix and leave the severance tax. The DEP fix (surprisingly) continued in further revisions to the budget plan–until yesterday, when the DEP fixes came out. Fortunately there is still no severance tax. However, Republicans have floated a plan to nearly double the tax on hotel/motel rooms. Such a tax would make Philadelphia’s hotel tax a staggering 21.25%, the highest in the nation! Gov. Tom Wolf is (so far) not commenting on the hotel tax idea–he still wants a severance tax and said so yesterday. So although a severance tax appears dead, and we think it’s 99% dead, it’s not yet 100% dead–so we need to remain vigilant in our efforts to kill it. And although the fixes to the DEP would be most welcomed, they won’t happen as part of the budget. There’s still some hope those fixes will happen apart from the budget bill. Here’s the latest word on PA budget negotiations…
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    FERC Advances Plan to Reverse Part of TGP to Haul M-U NGLs to Gulf

    There’s lots of acronyms in that headline, so right up front let us restate the headline in clearer language: The Federal Energy Regulatory Commission (FERC) has just taken the next step to advance a project by Kinder Morgan to reverse a portion of the mighty Tennessee Gas Pipeline (TGP) to reverse its flow, to go from the northeast to the southwest, in order to haul Marcellus/Utica natural gas liquids (NGLs) to the Gulf Coast. Currently TGP hauls natural gas (not liquids) from the Gulf to the northeast. With a bumper crop of natural gas produced by the Marcellus/Utica, gas from the Gulf is no longer needed. Kinder Morgan, the owner/operator of TGP, first floated the idea to reverse 964 miles of their pipeline back in 2013 (see KM Plans to Convert Tennessee Gas Pipeline to Flow M-U NGLs South). The pipeline reversal is part of the broader $4 billion Utica Marcellus Texas Pipeline (UMTP) project. The first step in making the project a reality is to get FERC’s permission to “abandon” (stop using) the 964-mile segment, called Pipeline No. 1, from Louisiana to Ohio. TGP filed to get permission to abandon it in Feb. 2015. Last Friday FERC granted permission for TGP to abandon that segment of the pipeline. Plenty of people objected to the plan, including existing natural gas customers along the 964 miles who now get their gas from TGP. FERC investigated all claims and found the project will not negatively impact the environment, or the pocketbooks, of those who objected. The question now is, when will work begin to abandon that portion of the pipeline?…
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    FERC’s Rapid Response in Sabal Trail Case Shuts Down Sierra Club

    In August the D.C. Court of Appeals ruled in a case that (we previously thought) may have long-term, very negative consequences for the oil and gas industry related to pipeline development (see DC Court of Appeals Legislates New Law re FERC & Global Warming). The litigious, anti-fossil fuel radicals of the Sierra Club previously filed a lawsuit against the Federal Energy Regulatory Commission (FERC) blaming FERC for not considering mythical man-made global warming as it conducted a review of three pipelines in the southeast. The Southeast Market Pipelines Project (SMP) is an umbrella project for three natural gas pipelines in Alabama, Georgia, and Florida. The linchpin of the project is the Sabal Trail pipeline, which travels from Tallapoosa County in eastern Alabama, across southwestern Georgia, and down to Osceola County, Florida, just south of Orlando (nearly 500 miles). The Sierra Club said the three projects together didn’t take into consideration an increase in carbon and methane that would result from the three projects serving electric generating plants, and that said carbon and methane will contribute to global warming. The D.C. Court of Appeals agreed and instructed FERC to reconsider its environmental assessment of the three projects–vacating an approval of the main part of the project, the Sabal Trail pipeline. In a brilliant move, last week FERC filed a draft supplemental environmental impact statement (SEIS) to fulfill the court’s order. In it, FERC looks at the potential for extra carbon/methane in the atmosphere from several electric generating plants fed by the SMP pipelines. As for evaluating the overall effect on Mom Earth, FERC said there currently is no accurate method available that can do it. In other words, this lawsuit that the Clubbers so fervently thought would lead to stopping all sorts of projects just fizzled out (we can’t be happier) thanks to FERC’s quick action. FERC has effectively shut down the Sierra Club’s best chance of stopping pipeline projects…
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    Green, OH Spends Big $ on 2 Appeals in Bid to Stop NEXUS Pipeline

    Back in May MDN told you about the antis running the City of Green, Ohio (see Green, OH Paying Lawyers $100K to Fund Stop NEXUS Crusade). Green City Council voted to use $100,000 of taxpayer money to hire a Cleveland law firm to file a lawsuit “aimed at stopping the pipeline from being built or stopping the project altogether.” Looks like the law firm is earning at least some of that considerable amount (total bill so far: $67,367). The strategy the lawyers have adopted and now implemented is to file two appeals–one with the Sixth Circuit Court of Appeals, the other with the Ohio Environmental Protection Agency’s appeals board. The Green antis hope one or both will throw up a roadblock to slow, and ultimately stop, the NEXUS Pipeline from getting built. NEXUS, a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada, was the first major pipeline project to get approved after the Federal Energy Regulatory Commission (FERC) once again had a quorum (see New FERC Quorum Votes Final Approval for NEXUS Pipeline). Less than two weeks ago the Ohio EPA issued a federal water permit for the project (see Ohio EPA Grants Water Permit to NEXUS Pipe, “Learned” from Rover). Green is asking OEPA to reconsider their action in issuing the permit. Here’s the latest in the ongoing war against fossil fuels…
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    Wayne Landowners Will “Fight Like Never Before” to Stop DRBC Ban

    Landowners in Wayne (and Pike) counties in northeastern Pennsylvania are not going to stand by and allow their property rights to be stripped away from them. Two weeks ago the Delaware River Basin Commission (DRBC), which has had an ongoing, “temporary” ban on fracking within the Delaware River Basin since 2010, voted to begin the process of implementing a permanent ban (see Governors from PA-NY-DE Vote to Ban Fracking in Dela. River Basin). That has folks like Wayne County dairy farmer Brian Smith hopping mad. He said if the DRBC bans fracking, “people will fight for their property rights like they’ve never fought before.” DRBC spokesman Clarke Rupert is asking the public to “not prejudge the proposed rules,” which is a joke. What he means is, “Lay down and let us kill your property rights, and don’t say anything while we do it.” Landowners in NEPA are not about to let that happen. Good for them…
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    Using NAFTA, US Co. Sues Canada for Blocking Quebec Utica Drilling

    Lone Pine Resources, a U.S.-based driller, has a huge amount of Canadian Utica Shale acreage in the province of Quebec. As we reported in 2012, they own 398,850 gross (240,320 net) acres of leases (see U.S. Driller Sitting on Big Canadian Utica Shale Reserve). The problem is, Quebec won’t allow fracking. However, that is changing. In September the government published draft drilling regulations (see Quebec Government Publishes Draft Utica Fracking Regulations). There is an exception. Some (we’re not sure how much) of Lone Pine’s Utica acreage sits UNDER the mighty St. Lawrence River. In 2011 Quebec passed a law that even if fracking comes to other portions of the province, it will never be allowed under the river. So Lone Pine is using a tribunal that hears NAFTA (North American Free Trade Agreement) cases, to ask for $103.6 million in compensation for being robbed of their asset by the Quebec government…
    Read More “Using NAFTA, US Co. Sues Canada for Blocking Quebec Utica Drilling”

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    Shale Insight 2017 – Day One News Roundup

    MDN is once again attending the Shale Insight event–in Pittsburgh. Yesterday was the first day of the event. The crowd was definitely smaller than last year when then-candidate Trump spoke to attendees. However, Day One saw a number of heavy-hitting speakers, including Secretary of Labor Alexander Acosta, Deputy Secretary of Energy Dan Brouillette, XTO Energy President Sara Ortwein, Chevron Appalachia President Stacey Olson, and People’s Natural Gas CEO Morgan O’Brien. Marcellus Shale Coalition President Dave Spigelmyer served as master of ceremonies and seemed to be everywhere-present during the event (how does he DO that?). From the opening session to the exhibit floor to attending the breakout sessions, MDN editor Jim Willis made the rounds–and took lots of notes. In the coming days he will write up those notes and share them. For now, we have links and extracts of articles from other publications attending and reporting on this year’s Shale Insight…
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    Bad Blood: Rover Pipe CEO Sends Caustic Letter to Ohio EPA, FERC

    Last week MDN brought you the news that Ohio EPA’s director, Craig Butler, has kind of tipped over into the deep end with his rantings and ravings about Rover Pipeline (see Ohio EPA’s Craig Butler Goes Nuts, Demands $2.3M from Rover Pipe). Butler held a conference call with the media where he made wild allegations. What seems to have precipitated Butler’s media bender is a decision by the Federal Energy Regulatory Commission (FERC) earlier in the week to allow Energy Transfer, builder of Rover, to resume horizontal directional drilling (HDD) in most Ohio locations, after banning it for several months (see FERC Lifts Rover Horizontal Drilling Ban, Pipeline Work Resumes). ET has responded to Butler’s tirade with a hard-hitting (we’d call it caustic) response. In a letter to Butler, carbon copied to FERC, Rover President & CEO Matthew Ramsey essentially says Butler and the OEPA is trying to cover its own mistakes in not requiring storm water permits for most of the project’s life–then coming along after the fact saying Rover didn’t apply for those permits (when OEPA never required them in the first place). Ramsey also said Butler “refuses to recognize the law” that FERC, and not OEPA, is in charge of this project. It gets better. Ramsey says he is “mystified by what you are trying to achieve” by requiring something (said storme water permits) Rover is now voluntarily doing–permits that OEPA itself has approved! This letter really takes the gloves off and (our words) calls Butler a lunatic. Read it for yourself and see what you think…
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    Broome Virtual Pipe Project in Limbo, Fenton Board Refuses to Act

    In early September, a Broome County, NY judge ruled 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 lawsuit was brought by a local school district, which a Freedom of Information Act request reveals is paying approximately $40,000 in legal fees to high-priced lawyers to win the case, stopping the project (we hope Chenango Valley School District taxpapers appreciate their taxes going up to pay for it, and less money available in the budget to “educate” their precious children). NG must now resubmit the project for approval. On Tuesday night, NG did just that–re-applying to the Fenton Town Planning Board. A meeting was held at the local fire hall where some 250 people showed up. The crowd contained those both for and against the project. Unfortunately two of the seven Planning Board members were not present–possibly having resigned due to extreme pressure from bullying antis. So then there were five. Three of the five voted to become the lead agency to review the project, which is the first step in the process. However, three of seven is not a majority. Which puts the project in limbo, not able to go forward. What happens next?…
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