Regulation

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    PA Republican Senate Changes Lease Terms for Landowners

    The Pennsylvania State budget is a complicated pile of…bills. At it’s core are three basic budget-related bills that implement the $31.9 billion state budget (unwisely) passed in June. It was unwisely passed because Republican lawmakers voted for a plan to spend money without having a way to pay for it. Stupid. PA Gov. Tom Wolf (liberal Democrat) demanded part of the new revenue required to pay for all that wild spending is to tax the Marcellus industry with a severance tax–on top of the existing impact tax (already the equivalent of a severance tax in other states). One of the three main bills to pay for the budget is the Fiscal Code bill–House Bill 674. HB 674 was adopted by the PA Senate on Monday (vote of 41-9). In the Senate version, which now goes to the House for final adoption, there are a number of “environmental riders”–or bits of legislation that have nothing to do with the budget or spending, but tacked on as a way of getting them passed without the mess of voting on them individually. Swamp politics. One of those provisions is “SECTION 1610-E” which gives drillers the right to reactivate old, non-producing wells after they have not been producing (and the lease considered terminated) under certain conditions…
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    PA Republican Senate Extends SE PA Drilling Ban in Newark Basin

    As MDN has explained in a companion story appearing today (see PA Republican Senate Changes Lease Terms for Landowners), the PA legislature has slipped a number of “environmental riders” into one of the final budget bills. The riders are bits of legislation that have nothing to do with the budget or spending, but tacked on as a way of getting them passed without the mess of voting on them individually. One of those riders affects the potential to drill for oil and gas in southeast PA. Back in 2012, an eleventh hour deal was snuck into the Pennsylvania budget signed into law by then-Gov. Tom Corbett (see Republicans Sneak SE PA Drilling Ban into Budget Deal). An amendment was introduced to the budget that established a moratorium on drilling in southeastern PA in the South Newark Basin, a small area which stretches from New Jersey through Bucks, Montgomery and Berks counties in PA. Caving to pressure from the libs that elect them, RINOs (Republicans in Name Only) placed an ongoing moratorium on any kind of drilling–test wells or otherwise–in their region. Disgusting. However, Section 1607, as it is called, had this provision: “This section shall expire January 1, 2018.” Senate Republicans have once again screwed the drilling industry by removing the expiration date, but leaving the moratorium in place. There are certain conditions that must be met according to 1607 (see them below), but practically speaking, we doubt those provisions will ever happen, meaning there will never be drilling in southeast PA…
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    Judge to Rule on Apex Energy Well Drilling in Westmoreland County

    As we have said for years, ever since the Pennsylvania legislature modernized and updated drilling regulations to account for shale drilling in 2012, known as Act 13, anti-fossil fuel nutters have attempted first to destroy Act 13, and later subvert it. Act 13 originally provided for uniform zoning across the state with respect to siting wells. But seven selfish townships sued and eventually won (at the PA Supreme Court) the right to retain their own zoning regulations with respect to oil and gas wells (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). Each town must have at least one zone where oil/gas wells are allowed. However, towns also have the right, via special exemptions, to allow wells in zones that don’t specifically allow wells, or where wells are otherwise prohibited. Exemptions happen on a case-by-case basis, and the town zoning or planning board must approve them. Antis object. They like it when drillers are banned from a zone, pointing to Act 13, saying the town has that right. But when the town then exercises their right to allow a well, also in Act 13, antis object and sue to prevent it. The door only swings one way for antis–to block shale wells. Such is it in Westmoreland County, in Penn Township, where the Penn Township Zoning Hearing Board approved a special exemption for Apex Energy to drill shale wells permitted by the PA Dept. of Environmental Protection. Antis sued saying the Board erred in their decision, and now a judge will decide the fate of the legally-permitted wells…
    Read More “Judge to Rule on Apex Energy Well Drilling in Westmoreland County”

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    Millennium Raises Stakes Against NY, Asks FERC to Begin Pipe Work

    On Aug. 30, the New York Dept. of Environmental Conservation (DEC) issued a letter to FERC and Millennium Pipeline denying Millennium’s request for a water permit to build a 7.8 mile pipeline spur from the main Millennium Pipeline to a natural gas power plant under construction in Orange County (see Corrupt NY DEC Denies Water Permit for 7.8 Mile Power Plant Pipeline). In their rejection, the DEC claimed that FERC’s review of the power plant project (that the pipeline will feed) is deficient based on a recently-decided court case about a pipeline project in Florida. Since the project the pipeline would feed is deficient (in DEC’s view), so too is the pipeline that feeds it. A few weeks later, in September, FERC fired back by overruling NY DEC and granting the project permission to proceed without NY approval (see History Made! FERC Overrules NY DEC on Millennium Pipe Permit). On Friday (Oct.) the 13th, the DEC filed a petition for rehearing with FERC, the first step in a situation that is sure to end up in court (see NY DEC Appeals FERC Override of Millennium Pipe Decision). The DEC wants FERC to hold up on any further action with the pipeline project until their appeal is heard. Millennium doesn’t want to wait. In an escalation of its now outright war against the DEC, Millennium filed a request last Friday requesting FERC proceed by issuing a Notice to Proceed with construction of the pipeline. It needs to get built and completed by February, in time to begin flowing natural gas to the electric generating plant that is under construction and will be done by then…
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    EQT’s Equitrans Expansion Project Gets PA DEP Water Permit

    EQT’s Equitrans (pipeline) Expansion Project is on track to begin construction by the end of this year–likely sometime in November. We first covered this project in 2015 (see Time to Support EQT Mountain Valley & Equitrans Pipelines @ FERC). The Equitrans Expansion Project will upgrade compressor stations, add approximately eight miles of pipeline connectors to upgrade capacity on the Equitrans Pipeline from southwestern Pennsylvania into West Virginia. The $100 million project, when completed, will expand capacity on the Equitrans pipeline by 600 million cubic feet per day (Mmcf/d). The project when introduced was slated to be done by the end of 2018. Looks like they will keep that schedule. On Friday, October 13, 2017, the Federal Energy Regulatory Commission (FERC) issued a Certificate of Public Convenience and Necessity for both the $100 million Equitrans Expansion Project and $3.5 billion Mountain Valley Pipeline. The two projects are connected. On Saturday, the PA Dept. of Environmental Protection issued, via publication in the Pennsylvania Register, federal water crossing permits for the Equitrans Expansion Project. The bulldozers can’t be far behind…
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    New 60-Mile Pipeline Proposed from NW Pa. to NE Ohio

    Correction: Please note the correction below. Opatho Gas Trans LLC is not owned by EmKey Energy, et al. Our understanding was in error. RH energytrans contacted MDN to correct the record. We appreciate it!

    A new 60-mile pipeline is being proposed by a new pipeline company, to connect shale production in northwest Pennsylvania to markets in northeast Ohio. Last week RH energytrans filed an application with the Federal Energy Regulatory Commission to build the Risberg Line Project. The route will begin in the Meadville, PA area (Crawford County) and extend in a northwest direction to Ashtabula County, OH. The project will use approximately 32 miles of existing pipeline in an established Right of Way originating in the Meadville, PA area. Approximately 16 miles of new pipeline will be installed in Pennsylvania and approximately 12 miles of new pipeline will be installed in Ohio. According to RH energytrans, there is a need for additional natural gas supplies in the Ashtabula area to enhance future commercial business development and as a backup for residential customers. The pipeline will provide 55 million cubic feet per day (MMcf/d) of natural gas to Ashtabula. RH energytrans, with offices in Erie, PA, is owned by Opatho Gas Trans LLC. In a case of Russian matryoshka (nesting) dolls, Opatho is owned by EmKey Energy, Viking Energy Broker and Nucomer Energy. EmKey has pipeline operations in both PA and NY, so you might say (with some justification) that this is a project of EmKey. Corrected: Opatho is owned by three Norwegian companies: Solodden AS, Vicsund AS, and Hellberg Eiendom AS. Opatho has some owners in common with EmKey, Viking Energy Broker and Nucomer Energy. However, it would be incorrect to say that Opatho is owned by EmKey or that the Risberg Line Project is an EmKey project. Below is the official 449-page FERC filing with all the details, along with a summary of the project. We have a handy timeline, and a map of the pipeline route…
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    Ohio EPA Tries to Repair Recent Bad Blood with Open House

    Last week the Ohio Environmental Protection Agency (OEPA) held a “first-of-its-kind” oil and gas open house to discuss communication between the agency and the oil and gas industry. Which is kind of interesting considering Craig Bulter, the head of OEPA, is no glittering example of communication. He’s been talking with Rover Pipeline people, saying one thing in private, and another in public (see Ohio EPA’s Craig Butler Goes Nuts, Demands $2.3M from Rover Pipe). But Butler wanted to paper over his actions-that-speak-louder-than-words, and the industry played along, participating in last week’s meeting. After all, what can they do? OEPA has the power to really screw with the Utica industry. Best to keep the emperor happy. Fortunately OEPA is more than just one man. There are, by accounts from a report coming from the meeting, good people who work in OEPA–people who are actually interested in good communication between regulators and regulatees…
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    FERC Allows Rover to Restart HDD Work in 2 More OH Locations

    Permission granted grunge rubber stamp on white, vector illustration

    Rover Pipeline–$3.7 billion, 711-mile natural gas pipeline that (will eventually) run from PA, WV and eastern OH through OH into Michigan and on to Canada–began flowing natural gas through a large portion of the pipeline on Sept. 1st (see Big Portion of Rover Pipeline Now Up & Running – Thru Most of Ohio). Since then, Phase 1A of the pipeline has steadily increased its throughput and now flows over 1.2 billion cubic feet per day (Bcf/d) of yummy Utica/Marcellus Shale gas to Defiance, OH (see Rover Pipe Nearly Doubles Flow with Addition of Carroll, OH Compressor). However, it could flow more, if the Federal Energy Regulatory Commission (FERC) would lift its considerable boot off Rover’s neck and let them finish Phase 1B pipeline work in eastern Ohio to feed more gas to the main part of the pipeline. The problem is that Rover had early missteps, the most serious of which spilled 2 million gallons of non-toxic drilling mud in a swamp (i.e. “wetland”) near the Tuscarawas River back in April (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). An investigation by the Ohio Environmental Protection Agency (OEPA) found the presence of diesel fuel in the drilling mud, which means the mud wasn’t so non-toxic after all. Rover believes sabotage may have been the cause. From April until mid-September, FERC blocked all new underground HDD work for the Rover project. That changed when FERC allowed Rover to restart HDD work at nine locations in September (see FERC Lifts Rover Horizontal Drilling Ban, Pipeline Work Resumes). Late last week FERC issued permission for another two Rover HDD locations to restart work. No, the Tuscarawas River site is not one of them. That investigation continues…
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    Court Backs WVDEP Move to Cancel Permits for Mountain Valley Pipe

    In March, the West Virginia Dept. of Environmental Protection (WVDEP) issued a federal water crossing permit for the Mountain Valley Pipeline (MVP)–a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA (see WV DEP Grants Mountain Valley Pipeline Water Crossing Permit). In June, a group of profoundly radical “environmental” organizations (Sierra Club, West Virginia Rivers Coalition, Indian Creek Watershed Association, Appalachian Voices and Chesapeake Climate Action Network) filed a lawsuit in the U.S. Court of Appeals for the Fourth Circuit against the WVDEP for doing their job issuing the permit (see Radicals File Lawsuit Against WV DEP for Approving MV Pipeline). Because of the pressure of that lawsuit, the WVDEP caved and reversed their decision in September, rescinding (called “vacating”) the permit for MVP (see Trouble for Mountain Valley Pipe: WV DEP Withdraws Water Permit). The WVDEP said they will “re-evaluate the complete application to determine whether the state’s certification is in compliance with Section 401 of the federal Clean Water Act.” On Tuesday, the 4th U.S. Circuit Court of Appeals upheld WVDEP’s decision and granted the agency’s motion to invalidate the previous certificate they granted the project. Which means the process begins all over again–a temporary victory for antis. It’s temporary because while all of this nonsense was going on, the Federal Energy Regulatory Commission approved the project–so it will get built…
    Read More “Court Backs WVDEP Move to Cancel Permits for Mountain Valley Pipe”

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    US DOJ Demands Payments from GE re Unsold Water Biz

    In July, GE Oil & Gas completed its merger/buyout of oilfield services giant Baker Hughes (see Baker Hughes and GE Complete Merger, World’s 1st Fullstream Co.). As is typical in these kinds of megamergers, governmental agencies that review the deal make the deal contingent on certain requirements. In the case of GE/Baker Hughes, the U.S. Dept. of Justice demanded GE sell its Water & Process Technologies business. GE agreed, and lined up a buyer (Suez, a French waste and water group). However, the deal has not happened (yet), and because there is a delay in making it happen due to “various administrative challenges,” the DOJ is demanding GE make DAILY payments–to the DOJ–as an “incentive” to get the deal done. The amount of the payments is unspecified. Where will all that money go? We don’t know, but we can certainly imagine. What do swamp-dwellers do with free money?…
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    PA Frankenstein House Bill Merges Severance Tax & Minimum Royalty

    As predicted earlier this week, yesterday the Pennsylvania House Finance Committee voted to approve a 3.2% severance tax on top of the existing 5%+ impact tax (see RINOsaur DiGirolamo Says Vote on PA Severance Tax Coming Soon). Democrats and mainstream media are nearly orgasmic–this is as far as any severance tax bill has ever gotten in PA. The bill, House Bill (HB) 1401, now goes to the full House for a vote–maybe. It remains to be seen whether or not House Speaker Mike Turzai will allow a vote in the full House. There are procedural ways to tie up the bill. While it’s a crap shoot as to whether or not the full House would pass a Marcellus-killing severance tax, there is a section in HB 1401 that is sure to kill the bill–a guaranteed minimum royalty for landowners of 12.5%. Don’t get us wrong–we think the minimum royalty issue is very important and deserves a vote. PA Rep. Garth Everett has championed the issue, introducing a bill to accomplish that objective three times in the last six years (see PA Rep. Garth Everett Reintroduces Minimum Royalty Bill, 3rd Time). No doubt HB 1401’s chief sponsor Gene DiGirolamo (RINOsaur from the Philadelphia area) is hoping to gain support from landowners for the severance tax by grafting on the minimum royalty provision–in the style of Dr. Frankenstein’s monster. Take a body part here (severance tax) and a body part there (guaranteed minimum royalty), sew it together (HB 1401) and shock it into life with a vote. Landowners should beware of this ruse. The minimum royalty issue needs to be addressed separately, on it’s own, and not part of a severance tax bill…
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    PA Supreme Court Hears Arguments on DEP Request to Unblock Regs

    PA Supreme Court Justices

    In October 2016, after five years in the making, Pennsylvania adopted new shale drilling regulations (see PA’s New Chapter 78a Drilling Regs Go into Effect Oct 8). Although the regs were ready at the end of the Gov. Tom Corbett Administration, Corbett fumbled the ball and the regs didn’t get adopted, which left them vulnerable to the incoming left-leaning Tom Wolf Administration. Wolf’s people mangled the regulations under the Dept. of Environmental Protection (DEP) Dictator/Secretary John Quigley, who got fired over unethical collusion with Big Green groups. Some of the good stuff remained, but onerous new elements were introduced. The Marcellus Shale Coalition (MSC), which represents PA’s biggest shale drillers, filed an appeal in Commonwealth Court to block the most onerous aspects of the new regulations (see Marc. Shale Coalition Files Lawsuit to Block PA Chapter 78a Regs). The judge agreed to “temporarily” block some of the items in the MSC list (see PA Judge Temporarily Blocks Some DEP Chapter 78a Drilling Regs). In December, the DEP escalated the case by asking the PA Supreme Court to undo the block on those regulations imposed by the lower Commonwealth Court (see PA DEP Asks Supreme Court to Overturn Stay on New Regs). Yesterday the Supremes heard oral arguments in the case. Although one activist justice (Sallie Updyke Mundy) seems to want to grant the DEP’s request to allow the stopped rules from going into effect, several other justices appear to want to let the issue play out in the lower Commonwealth Court, preferring to goose the lower court into speedier action…
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    PA DEP Public Hearing on Japanese Gas-Fired Elec Plant in SEPA

    EmberClear Corp. (and its parent Ember Partners) is a Canadian-based company that builds and operates natural gas-fired electric generation plants in North America. In 2015, EmberClear filed an application to build a new 488-megawatt natural gas-fired electric plant in Birdsboro, in Berks County, near Philadelphia (see New NatGas-Fired Electric Plant Coming Near Philadelphia). In April of this year, two different Japanese companies, Sojitz Corporation and Tokyo Gas, each purchased a one-third share ownership of the project (see Japanese Now Own 2/3 of Marcellus-Powered Electric Plant in SEPA). We call the Birdsboro project a “Japanese-owned” project, which it is, but in reality EmberClear is still the company building and operating it. The PA Dept. of Environmental Protection (DEP) has just announced they will hold a public hearing on the project, to consider issuing both a water permit and an erosion/sediment control permit for the project. The hearing will be on Nov. 2 in Birdsboro…
    Read More “PA DEP Public Hearing on Japanese Gas-Fired Elec Plant in SEPA”

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    Public Hearing Next Wk on Albany, NY Fracked Gas-Fired Electric Plant

    In May MDN brought you the news that New York Gov. Andrew Cuomo had announced plans to construct a new “state-of-the-art, locally-sourced mini-power grid” that will connect to the statewide electric grid but will also be able to operate independently, to power the Empire State Plaza in Albany–a complex of buildings in downtown Albany housing much of New York State government (see NY Gov Cuomo Building New Fracked Gas Elec Plant to Power Albany!). The energy-efficient microgrid will supply 90% of the power for the 98-acre downtown Albany complex, and is expected to save the Plaza more than $2.7 million in annual energy costs. The project will also remove more than 25,600 tons of greenhouse gases from the atmosphere each year–the equivalent of taking more than 4,900 cars off the road–supporting New York’s goal to reduce emissions by 40 percent by 2030 from 1990 levels. The fuel that will power this engineering marvel? Fracked shale gas from the Pennsylvania Marcellus Shale. Yep. Cuomo is a disgusting hypocrite. He won’t allow pipelines to bring in fracked gas, but he’s building a microgrid to power state government that uses that same fracked gas. Next Wednesday, Oct. 25, the NY State Power Authority and the Office of General Services will host a public information meeting to discuss the microgrid. There will no discussion of IF the plant gets built because Dictator-in-Chief Cuomo has decreed it. The meeting will be to parcel out details to the hoi polloi, so the little folk know what to (shut up and) expect…
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    FERC Chairman Neil Chatterjee Pledges Faster Pipeline Approvals

    Neil Chatterjee

    Newly minted chairman of the Federal Energy Regulatory Commission (FERC), Neil Chatterjee, made his first public appearance on Tuesday since being sworn in last August. Chatterjee addressed the Energy Bar Association’s 2017 Mid-Year Energy Forum in Washington, DC. Among some of Chatterjee’s choice comments, he said he wants to “significantly reduce” the amount of time it takes to review and issue certificates for natural gas pipelines. He also said he “strongly disagrees” with fellow FERC commissioner Cheryl LaFleur’s vote against authorizing the Atlantic Coast Pipeline and Mountain Valley Pipeline projects. In an extensive presentation, Chatterjee laid out his priorities, which he said is not a “drastic change” from the work done by FERC in previous years. Here is a revealing look into the thinking of Chatterjee, and what lies ahead in the coming months (and years) at FERC…
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    WV Builder Tells PSC Power Plant Can Burn Methane AND Ethane

    Energy Solutions Consortium, aka the father and son team of Andrew and Matthew Dorn–have been trying to build a 750 megawatt natural gas-fired electric plant in Follansbee (Brooke County), WV for years. In fact, the Dorns have a number of gas-fired electric plant projects on the board for WV, and have since 2015 (see Big News: 3 More Marcellus-Powered Electric Plants Coming to WV). However, the regulatory environment in WV creeps along, like molasses, and none of the projects are even under construction–yet. Last month WV’s Commerce Secretary Woody Thrasher said WV is downright unfriendly to electric plant projects (see WV Sec Commerce Says State Unfriendly to Gas-Fired Power Plants). Never a truer word spoken. Yesterday Andrew Dorn was in Charleston to testify before the state Public Service Commission about his company’s plans for the Follansbee plant. One of his comments caught our eye. The plant will be able to flip back and forth between burning methane and ethane, depending on the price. Dorn said his dual-fuel plant will give drillers in the region an outlet to sell their ethane, in case they can’t sell ethane to a cracker plant…
    Read More “WV Builder Tells PSC Power Plant Can Burn Methane AND Ethane”