Regulation

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    OH Law May Keep 7th Anti-Frack Measure Off Youngstown Nov. Ballot

    In May, MDN told you that virulent anti-drillers in Youngstown, OH, puppets of the Community Environmental Legal Defense Fund (CELDF), have once again circulated a petition to put a so-called Community Bill of Rights ballot measure on the ballot this November (see Youngstown Antis Seek to Legalize Anarchy with 7th CELDF Petition). The same people have tried six times before–and the ballot measure failed every single time. However, 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. 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 Mom Earth. It would create mob rule. The sad news is that the petition garnered enough signatures to appear on the ballot this November (see Youngstown Frack Ban Vote on November Ballot – for 7th Time). The happy news is that under a new Ohio state law giving county boards of elections more discretion, the Mahoning County Board of Elections will almost certainly block the measure from appearing on the November ballot–because the anti-frack ballot measure conflicts with established state law that only the state can regulate the oil and gas industry…
    Read More “OH Law May Keep 7th Anti-Frack Measure Off Youngstown Nov. Ballot”

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    New Life for Constitution Pipe – Williams Asks White House for Help

    In April 2016 the New York Dept. of Environmental Conservation (DEC) caved to corrupt political pressure from Andrew Cuomo and denied the Williams Constitution Pipeline a necessary federal 401 stream crossing permit, blocking the project (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). At that moment, the DEC stepped off a cliff. It’s been a long, slow process, but we’ve watched them fall ever since. And now, they will soon hit the bottom. They were dead (metaphorically) the moment they issued their denial. It was a foregone conclusion that their illegal action would not stand–that the DEC would eventually be overruled and their role in permitting such projects would be stripped away. But you have to remember those were heady days for the left, when Cuomo was full of himself and the future seemed certain that the hapless Hillary would win the White House and further corrupt federal agencies like the Federal Energy Regulatory Commission (FERC), the agency that oversees projects like the Constitution. But the unthinkable happened. Hillary lost (thank God!). And now Cuomo and his corrupted DEC have no backstop at the federal level. Last week on a conference call to discuss second quarter earnings, Williams CEO Alan Armstrong responded to a question about the long-stalled Constitution Pipeline. He said Williams is working with The White House to get the Constitution project back on track. Reading between the lines, Williams is asking The White House to ask FERC to overrule the NY DEC and grant the stream crossing permits for the project. Armstrong now says he believes it will get built, and will be up and running, sometime in the second quarter of 2019…
    Read More “New Life for Constitution Pipe – Williams Asks White House for Help”

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    NFG 2Q17: NY Pipeline Holdup Causes Shift to More Utica Drilling

    Last week National Fuel Gas Company, headquartered in Western New York State with drilling subsidiary Seneca Resources and pipeline subsidiary Empire Pipeline, issued its third quarter (everyone else’s second quarter) 2017 update. NFG produced 567 million cubic feet per day (MMcf/d) of natural gas last quarter, a 6% increase over the same quarter a year ago. NFG realized an average price of $2.94 per thousand cubic feet (Mcf), up $0.08 per Mcf from the prior year. Compare that with Antero’s hedged average of $3.41/Mcf (see today’s story about Antero 2Q17). NFG CEO Ronald Tanski had some interesting remarks with respect to the company’s stalled Northern Access Pipeline project. As you may recall, the Andrew Cuomo New York Dept. of Environmental Conservation (DEC) is blocking Northern Access, like they blocked the Constitution Pipeline and a tiny spur project for the Millennium. Because NFG’s Northern Access project is stalled, they are shifting their budget and drilling further west, to do Utica drilling in locations where there is already pipeline infrastructure. So this is yet another case of the NY screwing up Marcellus drilling PA that would otherwise be happening. Landowners in PA can thank NY Gov. Cuomo for screwing them over. Tanski also mentioned the court case for Northern Access, and that FERC (Federal Energy Regulatory Commission) may step in and overrule the NY DEC, as is now being considered in the Constitution Pipeline case (see today’s lead story). Here’s the update from NFG…
    Read More “NFG 2Q17: NY Pipeline Holdup Causes Shift to More Utica Drilling”

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    PA DEP to Hold Final Atlantic Sunrise Hearing, Antis Plan Walkout

    For those of us who have long supported the Williams Atlantic Sunrise Pipeline project, it seems like it has taken FOREVER for the Pennsylvania Dept. of Environmental Protection (DEP) to issue final water and air permits for the pipeline. Atlantic Sunrise is a $3 billion, 198-mile natural gas pipeline project, most of which will get built in northeast Pennsylvania. In an attempt to get the DEP moving, Williams co-hosted an event a few weeks ago in Wyoming County to pressure the DEP into granting final permits (see Atlantic Sunrise Pipe Rally: ‘Time to Kick Politicians in the Ass’). Perhaps the event helped. On the very same day as the event, the DEP announced a supplemental 30-day public comment period to begin on July 22. During this time, the DEP will hold one final public hearing–for feedback on an Air Quality Plan Approval for construction activities related to Atlantic Sunrise. That final public hearing will be held on Monday, August 14, in Lancaster. The anti-pipeline group Lancaster Against Pipelines (organized by some of the same people who illegally protested against the Dakota Access Pipeline in North Dakota), are planning a mass temper tantrum at the hearing. They will stage a “walkout” at the meeting. Adults behaving like spoiled rotten children. We’ve come to expect it from them. MDN encourages pro-pipeliners (i.e. adults) to show up in large numbers so that when the 10-15 antis walk out, nobody will even notice…
    Read More “PA DEP to Hold Final Atlantic Sunrise Hearing, Antis Plan Walkout”

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    NEXUS Pipeline to FERC: Please Approve Project – NOW

    In late January, Federal Energy Regulatory Commission member Norman Bay announced he was quitting, in a huff, because President Trump has elevating another commission member to be chairperson (see FERC Commissioner Resigns Threatening Major M-U Pipeline Projects). That announcement set off a flurry of activity. After Bay left, there would no longer be a quorum of voting members to approve projects. On his way out the door, Bay and the other two commission members approved a list of major Marcellus/Utica projects. But time was limited and there was one project left standing in the FERC game of musical chairs (see In FERC’s Game of Musical Chairs, NEXUS Pipeline Left Standing). 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. Originally the project was due to be up and running this year, but in July NEXUS officials admitted that ain’t gonna happen (see NEXUS Pipeline Startup Slips to 2018 Due to Quorumless FERC). In addition to lack of a voting quorum at FERC, NEXUS faces legal action by a small group of antis (see CORNballs Accuse FERC of Illegally Approving NEXUS Pipeline in OH). However, now that FERC does have a quorum, NEXUS is wasting no time. They want to be first in line for an approval. Last Friday NEXUS sent FERC a letter “respectfully” requesting “immediate issuance” of the certificate so they can begin construction NOW…
    Read More “NEXUS Pipeline to FERC: Please Approve Project – NOW”

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    3 PA Senate Bills Would Fundamentally Change Pipeline Economics

    Senator Andy Dinniman

    Pennsylvania State Senator Andy Dinniman (Democrat from Chester County, PA, near Philadelphia) is an anti-driller and anti-pipeliner. Dinniman recently introduced three bills that would, if passed, fundamentally change the economics and likelihood of whether or not pipelines are built in the Keystone State. The first bill Dinniman sponsored would create an “impact fee” on pipelines: 50% of the fee raised would go to the counties where the pipeline crosses, 40% would go to the local municipality where the pipeline is located, and 10% would go to the PA Public Utility Commission. The next bill would allow local municipalities and school districts to slap a big tax on pipelines–on top of the impact fee previously referenced. The final bill requires pipeline land agents to be registered with the Pennsylvania Real Estate Commission. There are elements in each of the bills that, under other circumstances, are interesting and we might even be able to support. SOME elements–not all. But coming from Dinniman the purpose is clear–he aims to shut down natural gas pipelines in PA…
    Read More “3 PA Senate Bills Would Fundamentally Change Pipeline Economics”

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    PA Enviro Judge Lets Sunoco Restart ME2 Drilling 16 of 55 Locations

    On July 25th, a Pennsylvania state environmental judge issued an order blocking all underground horizontal directional drilling (HDD) work being done across the state to install the Mariner East 2 (ME2) pipeline (see PA Enviro Judge Puts 2-Week Pause on ME2 Pipeline Drilling). The order stopped drilling at some 55 different locations where ME2 must drill underground–say under a stream or roadway. The order was in response to an appeal by radical Big Green groups, including the anti-fossil fuel Clean Air Council (of Philly), THE Delaware Riverkeeper (Maya van Rossum), and Mountain Watershed Association (see Antis’ Fake Outrage at ME2 Construction “Spills,” Demand Stop Work). As we said at the time, although temporary, the two-week pause is troublesome and problematic because Big Green groups have convinced a DEP judge to hear a case that ultimately aims to stop the ME2 project. The somewhat good news is that last Thursday the same judge lifted the HDD drilling ban for 16 of 55 locations. Bear in mind digging trenches for the pipeline (over 90% of the work being done) continues and is not subject to the judge’s order. The odoriferous Clean Air Council (CAC) is the primary group doing the suing. In an interesting development, mainstream news is reporting Sunoco Logistics Partners (building the pipeline) is in “settlement negotiations” with CAC. Settling what, we don’t know. We’re not even sure why the CAC has standing to bring a lawsuit against the project in the first place…
    Read More “PA Enviro Judge Lets Sunoco Restart ME2 Drilling 16 of 55 Locations”

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    Why the PA House Must Reject 1-Sided Budget/Tax Deal from Senate

    We’ve noticed a meme, largely started by an Associated Press article endlessly repeated and published in dozens of news outlets across Pennsylvania, that the recent budget deal (with a severance tax) passed by the traitorous Republican-controlled PA Senate “jams a shale tax and industry permits into unhappy package” that now sits before a House that essentially has no choice but to adopt it. Here’s the establishment “received wisdom” in a nutshell: Drillers don’t get what they want (a severance tax), but they do get what environmentalist wackos don’t want (streamlined approvals for permits). And guess what? “That’s politics.” And if you don’t like it, on either side of the equation, you’re an unrealistic dope who doesn’t know anything about politics. We manifestly reject that assertion. Here’s why this deal is one sided–a severance tax only deal. Big Green groups with endless pockets to fund litigation factories are already talking about how if this budget is passed with what they want (a high severance tax) but also with what they don’t want (streamlined approvals for permits), no problem. They’ll just sue to remove the streamlined permits part, leaving drillers with the high severance tax. That’s how “fairness” works for Democrats and antis. Get part of what you want, then litigate the rest–force it on people who don’t want it. That’s the strategy laid out in the AP article claiming both sides are unhappy, implying it’s a good deal because both sides are getting something they want and something they don’t want. The clear signal being sent by environmentalists is that they’ll litigate their way to happiness. Meanwhile the Marcellus industry will get the shaft, which is why the House MUST reject this budget as written…
    Read More “Why the PA House Must Reject 1-Sided Budget/Tax Deal from Senate”

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    FERC Quorum Finally Restored – Full Speed Ahead on Pipe Projects

    Yesterday the U.S. Senate finally approved Neil Chatterjee and Robert Powelson as the newest commissioners for the Federal Energy Regulatory Commission (FERC). Which means FERC now has a quorum of three voting members and can, once again, begin issuing final approvals for important pipeline projects that are currently stalled waiting for an approval. Among those important projects (in the Marcellus/Utica region) are Dominion’s Atlantic Coast Pipeline, PennEast Pipeline, NEXUS Pipeline and Mountain Valley Pipeline. FERC has not had a quorum of three (or more) voting members since February, when Norman “cry baby” Bay left the commission in a huff in early February over being demoted as chairman of FERC to just regular member (see FERC Commissioner Resigns Threatening Major M-U Pipeline Projects). President Trump was tardy in appointing two new members. But then New York Sen. Chuck “the schmuck” Schumer decided he would delay it longer, just because he hates Donald Trump. Yesterday the Senate finally took was is called a “unanimous consent” vote, a rubber stamp approving the new members. And now they go to work. Immediately, the sole commissioner left at the agency, Democrat Cheryl LaFleur, tweeted this message: “Happy day! Very excited to work with new Commissioners Chatterjee and Powelson!” We share her enthusiasm!…
    Read More “FERC Quorum Finally Restored – Full Speed Ahead on Pipe Projects”

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    Groundhog Day: Feds Back in Dimock, PA for More Water Testing

    Just when you thought we’d heard the last of “Dimock” and “fracking poisons water” nonsense, the storyline as pushed by mainstream fake news has come roaring back to life–thanks to the Trump Administration. Dimock, Pennsylvania was made famous in Josh Fox’s faux documentary Gasland, which aired on HBO a bizillion times. It was Fox’s 15 minutes of fame. He lied about fracking, painting it as an evil practice that polluted water wells around Dimock. His lies were later exposed by a real documentary called FrackNation (by Phelim McAleer). Over the past 7+ years the Pennsylvania Dept. of Environmental Protection (DEP) as well as the federal Environmental Protection Agency (EPA) and private researchers have tested water wells around Dimock. Repeatedly. For years. The conclusion? Fracking by Cabot Oil & Gas may have (not 100% assured) caused methane to migrate into some of the wells (a charge Cabot strongly refutes). However, at no time did any of government or private agencies testing find any fracking chemicals in any of the wells. Methane migration can be mitigated. It can be fixed. You don’t die from drinking water with methane in it. Most people in Susquehanna County (where Dimock is located) drink water with methane in it every day and have been for over 200 years! Why do you think Cabot’s wells are so productive? They’re in some of the most methane-rich rock in the U.S. The wells of 14 families along the Carter Road area in Dimock have been repeatedly tested–with no fracking chemicals found. Yet the federal Agency for Toxic Substances and Disease Registry (ATSDR), which is a federal public health agency part of the U.S. Department of Health and Human Services (executive branch, which is now under Trump leadership), says they are coming to Dimock to test both water AND air at 25 homes around Dimock. The poster boy for their testing is Ray Kemble, who keeps junk cars on his property and carries a little brown jug around with him to anti-fracking rallies. Kemble has been trying to shake down Cabot for big money for years, with no success, claiming after they began drilling his water well became polluted…
    Read More “Groundhog Day: Feds Back in Dimock, PA for More Water Testing”

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    PA Senate Sneaks in Provision Hurting Landowners w/Old Leases

    What’s this? The Pennsylvania State Senate, which is controlled by the Republican Party, has added insult to injury. We’ve already told you about Republican traitors in the Senate who sold out their House counterparts by voting for a disastrous severance tax to raise money to give away to teachers’ unions (see Traitorous PA Senate Republicans Pass Severance Tax Bill). Little did we know they also sneaked in, in the dead of night, a provision in the budget bill that will make it harder for PA landowners with old oil and gas leases to renegotiate those leases. Sometimes landowners have old oil and gas wells on their property, drilled decades ago before horizontal drilling and fracking were combined. And those leases were signed for pennies on the dollar. These days when shale drillers come calling, landowners can often command thousands of dollars per acre in signing bonuses. But a provision in the fiscal code, passed as part of the budget the traitorous Senate passed, would limit the ability of landowners to renegotiate those old leases, allowing drillers to revive expired leases and not pay new lease bonuses…
    Read More “PA Senate Sneaks in Provision Hurting Landowners w/Old Leases”

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    NY DEC Holds Sham “Hearing” for Power Plant Pipeline

    New York’s corrupted Dept. of Environmental Conservation (DEC) is running scared. For 19 months the DEC has intentionally delayed granting a tiny, 9-mile spur Millennium Pipeline wants to build in Orange County, NY the necessary federal 401 stream crossing permit it needs. Millennium took the DEC to federal court, but the court refused to get involved, telling Millennium if the DEC is delaying, the Federal Energy Regulatory Commission (FERC) can jump in and override the DEC (see DC Court Tells Millennium FERC Can Override NY DEC Pipeline Delay). So that’s what Millennium did. They asked FERC to grant the stream crossing permits themselves (see Showdown: Millennium Asks FERC for Permission to Ignore NY DEC). Sensing they are now in a death spiral and will lose control over not only the Millennium project, but also other projects like the Constitution Pipeline and Northern Access projects the DEC has been blocking, the DEC responded and asked FERC to wait until August 30th before granting the certificate–so the DEC could grant it (or not) themselves (see Corrupt NY DEC Fires Back at Millennium, Claims Deadline is Aug 30). So the DEC held a public hearing Wednesday night. A sham. Kabuki theater. It was the DEC going through the motions before they get off their rear-ends and grant the certificate they could have granted more than a year ago. The public hearing in Wawayanda, NY did not disappoint, with insane anti-fossil fuelers parading before the microphones and cameras, predicting the end of the world if this 9-mile pipeline to feed a gas-fired power plant gets built…
    Read More “NY DEC Holds Sham “Hearing” for Power Plant Pipeline”

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    Anti-Pipe Objections Aired in Wrong Forum in Morgan County, WV

    As MDN has previously reported, Mountaineer XPress Pipeline includes 165 miles of new pipeline with approximately 2.7 billion cubic feet (Bcf) per day of transportation capacity from existing and future points of receipt along or near the Columbia pipeline system–most of it located in West Virginia (see Details on Columbia Pipeline Mountaineer XPress Pipeline Project). Just last month the Federal Energy Regulatory Commission (FERC) gave Moutaineer XPress and its companion project, Gulf XPress, a favorable final environmental impact statement (see FERC Issues Favorable Final EIS for Mountaineer/Gulf XPress Pipes). The only thing left now is for FERC to issue a certificate for construction to begin–which won’t happen until Sen. Chuck Schumer and obstructionist Democrats allow a Senate vote on new commissioners, to restore a voting quorum at FERC. Don’t hold your breath. At any rate, a few local residents in Morgan County, WV appeared before the Morgan County Commission last night to complain about the project. The residents were there at the prompting of several Big Green groups, who organized the effort. Problem is, Morgan County can’t do a thing about the pipeline project. It was the wrong forum to complain in, but that didn’t stop them…
    Read More “Anti-Pipe Objections Aired in Wrong Forum in Morgan County, WV”

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    Rover Drilling Contractor that Spilled Kept ‘Incomplete Records’

    Rover is Energy Transfer’s $3.7 billion, 711-mile Marcellus/Utica natural gas pipeline that will run from PA, WV and eastern OH through OH into Michigan and eventually into Canada. On April 13, Rover workers experienced an “inadvertent return” of “horizontal directional drilling fluid”. That is, they sprung a leak and spilled nearly 2 million gallons of drilling fluid (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). The leak did not spill into the Tuscarawas River (thankfully), but into a swamp (i.e. “wetland”) next to the river. The Ohio Environmental Protection Agency (OEPA) investigated the spill (following a tip) and claimed to find the presence of diesel fuel in the spilled mud (see OH EPA Says Diesel Fuel Found in Rover 2M Gal Drilling Mud Spill). OEPA reported their findings to FERC and FERC launched an investigation into the Tuscarawas spill. FERC hired engineering firm J.D. Hair & Associates to review what went wrong. The Hair report is in. The reviewers can’t say with any confidence whether or not Rover (Energy Transfer) and the contractor doing the underground horizontal direction drilling (HDD) at Tuscarawas, Pretec Directional Drilling, followed project requirements. Why? Because of “very limited” documentation. That is, poor record-keeping. The 425-page report (full copy below) does offer some theories as to why Pretec’s HDD drilling leaked: Pretec encountered “sticky clay” while drilling, so they doubled the amount of drilling mud to clean the cutter. The extra pressure forced the mud out of cracks in the ground–and resulted in a 2 million gallon spill…
    Read More “Rover Drilling Contractor that Spilled Kept ‘Incomplete Records’”

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    ET Rover Pipeline CEO “Baffled” by Dems Targeting His Company

    Last Friday MDN told you about two Democrat backbenchers trying to make trouble for Energy Transfer (via Rover Pipeline), as well as make trouble for the Federal Energy Regulatory Commission (see Two Democrat Backbenchers Try to Interfere in Rover Pipe, FERC). Sen. Maria Cantwell (from Washington State) and Congressman Frank Pallone (from New Jersey) are using recent problems with the construction of the $3.7 billion, 711-mile Rover Pipeline project that will run from PA, WV and eastern OH through OH into Michigan and eventually into Canada, to target Energy Transfer and FERC. To be sure, Rover has had its issues–with drilling mud spills, water in trenches and knocking down a dilapidated old house that was on a list of historic sites. In a surprising (and frankly, stupid) move, Energy Transfer’s CEO Kelcy Warren wrote a letter responding to lightweights Cantwell and Pallone. He calls a FERC investigation of his company (which is part of what Cantwell and Pallone are demanding), based on problems with Rover, to be “unprecedented” and “extrajudicial.” Warren is right, of course. But he’s not the one who should be making the case. It makes Energy Transfer seem defensive. In the case of backbenchers Cantwell and Pallone, best just to ignore them…
    Read More “ET Rover Pipeline CEO “Baffled” by Dems Targeting His Company”

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    Two Democrat Backbenchers Try to Interfere in Rover Pipe, FERC

    Sen. Maria Cantwell and Rep. Frank Pallone

    A United State Senator from Washington State (left coast) and a Congressman from New Jersey, both of them liberal Democrats, have sent a letter to the Federal Energy Regulatory Commission (FERC) over “troubling reports” regarding Energy Transfer Partners and the Rover Pipeline project. Sen. Maria Cantwell (D-WA) is a ranking member of Senate Energy and Natural Resources Committee. She looks like a kindergarten teacher. Rep. Frank Pallone (D-NJ) is the ranking member of the House Energy and Commerce Committee. He looks like an extra on The Sopranos. In their roles on their respective committees they are asking FERC to conduct a wide-ranging investigation of ET and Rover–even though the pipeline doesn’t traverse a square inch of either Washington State or New Jersey. They begin by regurgitating old news about ET knocking down a dilapidated “historic” house, and move on to leaks of drilling mud. All of it old news. All of it currently being handled/reviewed/remedied. They go on from there to ask FERC to investigate *all* ET projects. While one could say this dynamic duo have an “interest” in the Rover project because of their role on the energy committees to which they belong, it’s a stretch. This is more swamp politics–a couple of obscure backbenchers trying to raise their profile with their own constituents. They don’t care a scintilla about the people in Ohio (or West Virginia) that may or may not have been impacted by the Rover project. The real purpose of the letter is to cast doubt on FERC itself. Near the end of the letter, they ask a series of questions, including a question for how many applications has FERC received over the past 17 years, and how many they have denied. It’s a setup by two backbenchers to try and question the authority (and competency) of FERC. We say let them eat white noise. Refuse to even acknowledge the letter…
    Read More “Two Democrat Backbenchers Try to Interfere in Rover Pipe, FERC”