Regulation

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    Sierra Club Asks NC Regulators to Revoke AC Pipeline Contracts

    The radicals at the Sierra Club are taking another run at stopping Dominion’s Atlantic Coast Pipeline (ACP) project in its tracks–before the first inch of pipe is laid. ACP is a $5 billion, 594-mile natural gas pipeline that will stretch from West Virginia through Virginia and into North Carolina. This time Sierra Club nutters are using a novel approach to try and stop ACP. They’ve asked North Carolina regulators to revoke approval of affiliate agreements by Duke Energy to use the gas that will flow through the pipeline. The Sierra Club’s argument is that the agreements, signed in 2014, are no longer valid. Duke doesn’t need as much natural gas (for electric generation) as they thought they would. And therefore to stay locked into the agreement would be an unfair burden to Duke’s rate payers. If Duke were to pull out of the deals, the ACP project would collapse, which is what Sierra Club happens. Duke has responded that the gas will be used for more than electric generation. Given that NC now has a Dem governor who doesn’t like fracking (see NC Fracking Remains in Limbo, 5 Yrs After Legislature Approved It), and given that regulatory functions come under the oversight of the executive branch, it does raise a minor red flag that the Sierra Club has launched this latest effort. Will it get traction with NC regulators?…
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    FERC Issues Favorable Final EIS for Mountaineer/Gulf XPress Pipes

    In February the Federal Energy Regulatory Commission (FERC) issued a draft final environmental impact statement (DEIS) for two important pipeline upgrades to carry more Marcellus/Utica gas to southern markets–Mountaineer XPress and Gulf XPress (see FERC Issues Favorable Enviro Report for Mountaineer & Gulf XPress). It’s always a good sign when you get a favorable DEIS, because it almost always means you’ll get a favorable final EIS. MDN previously reported on Mountaineer XPress, which 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). Gulf XPress consists of constructing seven new midpoint compressor stations along the existing Columbia pipeline system in Kentucky, Tennessee and Mississippi, with the aim of moving an additional 875 million cubic feet (MMcf) of Marcellus/Utica gas per day southward, to the Gulf Coast region. Good news. FERC issued a favorable final EIS on Friday…
    Read More “FERC Issues Favorable Final EIS for Mountaineer/Gulf XPress Pipes”

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    NC Fracking Remains in Limbo, 5 Yrs After Legislature Approved It

    In 2012 the North Carolina legislature cleared the way for the state to allow horizontal fracking of shale (see NC Law to Legalize (and Encourage) Fracking Advances). The law gave state officials two years to come up with rules and regulations to govern fracking in NC. Along the way a lawsuits were launched, slowing things down (see Judge Puts NC Fracking on Hold Pending Outcome of Lawsuit). That case was resolved in January 2016. However, the NC Department of Environment and Natural Resources (DENR) didn’t let the lawsuit stop them from drilling a series of test holes in Stokes, Scotland, Hoke and Cumberland counties to see whether shale gas is present in those locations (see Lawsuit Won’t Stop NC Agency from Drilling Test Holes in Shale). Unfortunately test results showed that three of the four counties have no measurable presence of Triassic shale and therefore are not suitable for drilling (see Whatever Happened to Fracking in North Carolina?). Even if a company wanted to begin drilling, members of the North Carolina’s Oil & Gas Commission who would approve applications have not been sworn in. Nine commissioners were appointed by outgoing Republican Gov. Pat McCrory and the Republican legislature–but new Gov. Roy Cooper (Democrat) refuses to swear in the commissioners and allow fracking to begin. One more Democrat who acts like a dictator. Where have we seen that before?…
    Read More “NC Fracking Remains in Limbo, 5 Yrs After Legislature Approved It”

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    PA Senate’s “Olive Branch” of “Relaxed Regulations” for Drillers

    As part of the horrible severance tax bill the Pennsylvania Senate passed yesterday (see today’s companion story), Republican Senators placed into the bill what they hope is “an olive branch” (more like a withered twig) by including reforms to the regulatory process they say the drilling industry has been asking for. Senators included a provision to have third party contractors (people outside of the Dept. of Environmental Protection) review applications at the DEP, including permits for oil and gas drilling, when the DEP can’t review those applications in a timely manner. There’s also a provision that certain permits, like those granted to drillers for sediment and erosion, will automatically be granted if the DEP drags its feet and doesn’t grant the permit by the current, specified deadline (45 days, with a possible 15 day extension). Those permits are currently taking up to 200 days to be granted. Enough. If the DEP can’t get it done, the permit gets granted automatically or goes to someone on the outside who can get it done. There are other provisions in the severance tax bill as well. Of course these proposed changes have antis in an uproar. You see, “compromise” for antis and Democrats means “you do it all our way, and we give you nothing in return.” That Republicans actually want something in return for voting for a horrible tax bill is beyond belief for antis, who are now squealing like stuck pigs. Here’s what we’ve been able to find out about the proposed changes, the “olive branch” offered by traitorous Republicans, as part of the newly passed severance tax bill…
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    New Lawsuit Against Mountain Valley Pipe Seeks to Emasculate FERC

    In June, a group of radical “environmental” organizations filed a lawsuit in the U.S. Court of Appeals for the Fourth Circuit against the West Virginia Dept. of Environmental Protection–for doing their job (see Radicals File Lawsuit Against WV DEP for Approving MV Pipeline). Sierra Club, West Virginia Rivers Coalition, Indian Creek Watershed Association, Appalachian Voices and Chesapeake Climate Action Network sued the DEP because the department had the audacity to conduct a thorough review, and then issue a stream and water-crossing permit (demanded under federal law) for the Mountain Valley Pipeline (MVP). MVP is a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA. A second lawsuit has now been filed in federal court to block the MVP project–this time from anti-pipeline residents from West Virginia and Virginia. This second lawsuit is even more insidious than the first. The new lawsuit, filed in U.S. District Court in Roanoke, VA (full copy below), seeks to block the Federal Energy Regulatory Commission (FERC) from doing its job by issuing a certificate to approve MVP. The suers claim FERC would be violating the U.S. Constitution by approving a private project that “takes” private land without just compensation. The suers maintain that according to the Constitution, land can only be taken for “public use” and that the pipeline is for private use, not for the public good. That’s the claim. If these virulent antis win this case, it would emasculate FERC–take away its authority to approve major interstate pipeline projects. We don’t give the case much of a chance, but hey, one never knows…
    Read More “New Lawsuit Against Mountain Valley Pipe Seeks to Emasculate FERC”

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    Antis Oppose Tiny Pipeline Thru Scrub Pines in N NJ at Hearing

    In January 2016, MDN told you about a $130 million, 30-mile natural gas pipeline proposed by New Jersey Natural Gas (NJNG) to connect NJNG’s distribution system serving customers in Ocean, Burlington and Monmouth counties (in NJ) and the interstate pipeline system adjacent to the New Jersey Turnpike. The idea came about after Superstorm Sandy. How can NJNG create reliable natgas service in the region, preventing major disruptions like that which happened after Sandy? The “Southern Reliability Link” pipeline project was the result, and in January the NJ Board of Public Utilities (BPU) approved it 5-0 (see Southern NJ NatGas Pipeline Approved by State BPU). Because its natural gas and because the Sierra Club has an irrational hatred of all fossil fuels (and loads of money to burn), the nutjobs from the Sierra Club threatened to sue to stop it. Stop 30 miles of pipeline that would improve the lives of hundreds of thousands of people. They made good on their threat in April 2016 (see Radical Sierra Club Sues NJ to Stop Much-Needed NatGas Pipeline). A fair bit has happened since that time. A state appellate court told the Pinelands Commission, which oversees a protected area of pine trees stretching from northern to southern NJ, that the Commission would have to have public participation (i.e. a public hearing) before the Commission could approve the pipeline plan. So the Pinelands Commission held a hearing this past Wednesday, with a predictable result. Sierra Clubbers and other virulent anti-fossil fuel freaks turned out in droves to badmouth the project. Over some 15 miles of pipeline that would pass through a stand of scrub pines…
    Read More “Antis Oppose Tiny Pipeline Thru Scrub Pines in N NJ at Hearing”

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    Investment Firm Opposing Trumbull Energy Center Slinks Out of Mtg

    Last week MDN told you about opposition from a neighbor in an industrial park in Lordstown (Trumbull County, OH) to a proposal by Clean Energy Future to build a second natural gas-fired electric plant next door to one already under construction now (see Investment Firm Threatens 2nd Lordstown Electric Plant, $30B @ Risk). The two Lordstown Energy Center plants will result in an estimated $60 BILLION of economic activity locally–a staggering number. Inexplicable opposition from Vienna Investments, the landlord/owner of a building that houses a car seat manufacturer in the industrial park where the plants will get built, is threatening to block the second plant, putting $30 billion in jeopardy. The Ohio Power Siting Board (OPSB) held a public hearing at the local high school on Tuesday night, to accept public comments on the second power plant. Residents from around the community turned out in force–to support the project. More than 200 people crammed the auditorium (standing room only). Of the 25 who spoke, only a few expressed mild concerns about the project–about water runoff in a local creek. Yes, there were two representatives from Vienna Investments (attorneys)–both registered to speak. According to an eye witness MDN had on location, “they retreated from the room quietly and did not speak when their names were called.” Our source speculates they elected to not talk after hearing overwhelming support from the crowd. Cowards. Hopefully the overwhelming support shown by the local community will put the issue to rest, and Ohio will approve the second project without delay…
    Read More “Investment Firm Opposing Trumbull Energy Center Slinks Out of Mtg”

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    Corrupt NY DEC Fires Back at Millennium, Claims Deadline is Aug 30

    Yesterday MDN brought you the exciting news that Millennium Pipeline has asked the Federal Energy Regulatory Commission (FERC) to overrule the New York Dept. of Environmental Conservation–politicized and corrupted by Gov. Andrew Cuomo–and issue permission to commence construction of a very small 7.8 mile pipeline that will connect Millennium to a natural gas-fired power plant now under construction in Orange County, NY (see Showdown: Millennium Asks FERC for Permission to Ignore NY DEC). According to the law as written, if a state (like NY) does not act on a federal Section 401 Water Quality Certification stream crossing permit for 12 months, FERC has the right to step back in and issue the certificate. It would totally emasculate the corrupt DEC. But hold on. The DEC is once again using sleazy political tactics to try and forestall FERC from taking action. On Tuesday the DEC filed a letter with FERC requesting they hold off on granting Millennium permission to build–based on a technicality. Millennium first filed their application with the DEC 19 months ago. But the DEC says the initial application was “incomplete” and that the completed application, refiled by Millennium, didn’t happen until months later–and if you count the time from the refiled application, the DEC has until August 30th to issue the 401 water permit. And DEC says they will rule by or on August 30th. In a somewhat comical typographical error, the final paragraph of the DEC letter to FERC begins this way: “For the above reasons, I respectfully urge the Director of OEP to deny Millennium’s Request, or, alternatively, place the Request in abeyance until August 31, 3017…” Did you catch that? August of “3017.” Freudian slip? We’re sure the DEC would love FERC to delay a decision for another 1,000 years…
    Read More “Corrupt NY DEC Fires Back at Millennium, Claims Deadline is Aug 30”

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    Bent Mtn Money Talks – VA DEQ Adds ‘Informal’ Hearings on MVP

    For some time we’ve covered opposition to the proposed 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. One of the hotbeds of opposition is in the Bent Mountain area of Roanoke County, VA (see our Bent Mountain stories here). Local gentry (i.e. wealthy) landowners have tried to involve local police to prevent surveyors from entering their property. It’s actually legal for surveyors to enter any landowner’s property–with advance notice. In one case the surveyors outsmarted the landowners by turning up at the crack of dawn (see MVP Surveyors Outsmart Va. Landowners, Survey at Crack of Dawn). That didn’t sit well with croissant crowd in Bent Mountain. After running our stories about Bent Mountain, we had a rather vicious email from one reader who claimed the people opposing MVP were just po’ folk, like the mythical Walton family, who have lived there for generations. Hogwash. If you check out Realtor.com you’ll see most of the houses listed for sale in Bent Mountain are going for more than half a million dollars. Three acres of land will run you $100,000–for just a building lot! Poor my foot. So it was no surprise for us to learn that Bent Mountain money talks. The Virginia Dept. of Environmental Quality (DEQ) has scheduled two public hearings for MVP–nowhere near Bent Mountain–on August 8th & 9th. A couple of local House of Delegates representatives objected and scheduled two of their own meetings–in the region. The House members somehow pressured the DEQ into agreeing to attend. In fact, a DEQ rep, “will offer opening remarks, answer questions and accept written comments” at the meetings. In other words, this will be an unofficial, official DEQ hearing for MVP, brought to you by the big money in Bent Mountain…
    Read More “Bent Mtn Money Talks – VA DEQ Adds ‘Informal’ Hearings on MVP”

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    NEXUS Pipeline Startup Slips to 2018 Due to Quorumless FERC

    NEXUS Pipeline is a $2 billion, 255-mile interstate natural gas pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. NEXUS was one of the large pipeline projects left out of a list of pipelines that received final Federal Energy Regulatory Commission (FERC) approval back in early February, just prior to FERC losing a quorum of voting members (see In FERC’s Game of Musical Chairs, NEXUS Pipeline Left Standing). As soon as FERC has a quorum, NEXUS is ready to build (see NEXUS Pipe Revved Like a Race Car, Waiting for FERC Green Flag). However, new FERC commissioners are being held up in a final Senate vote by vicious Democrat Chuck “the schmuck” Schumer. He refuses to allow the Senate to vote on members already approved and ready to start. Because of Schumer’s delay tactics with FERC commissioners, DTE Energy, the main sponsor of NEXUS, had to admit on a quarterly analyst phone call yesterday that the timeline for NEXUS to get built and be online has now, officially, slipped into 2018…
    Read More “NEXUS Pipeline Startup Slips to 2018 Due to Quorumless FERC”

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    Showdown: Millennium Asks FERC for Permission to Ignore NY DEC

    This is it folks. This is the case that will crush New York Gov. Andrew Cuomo’s blockade of important pipeline projects in the Empire State. For 19 months the New York Dept. of Environmental Conservation (DEC) has dithered around, at the prompting of Andrew Cuomo, and has refused to grant federal Section 401 Water Quality Certification stream crossing permits for a tiny 7.8 mile pipeline spur off the Millennium Pipeline in Orange County, NY, called the Valley Lateral Project, to feed a gas-fired electric generating plant that is now under construction. Statutorily NY has 12 months (1 year) to review such an application and act on it. NY has refused to act on it. So Millennium took the NY DEC to the U.S. Court of Appeals for the District of Columbia Circuit. In June the court dismissed the lawsuit by Millennium, which at first blush may seem like a blow. But it was the reasoning and opinion of the judges in dismissing the case that will change everything in New York. The judges said there is no case because if, as Millennium says, the DEC is denying the water permits, FERC itself has the power to jump back in and simply override NY DEC and issue the permits (see DC Court Tells Millennium FERC Can Override NY DEC Pipeline Delay). Last Friday Millennium pulled the trigger and did it–they sent an official request to FERC (copy below) that outlines their Herculean efforts to work with NY DEC over the past 19 months, and asks FERC to move forward with permission to build the pipeline anyway–IGNORING THE DEC. If FERC agrees (and we think they will), NY DEC is about to become irrelevant in ALL FERC-approved pipeline projects they are blocking, including the Williams Constitution and National Fuel Gas Northern Access projects…
    Read More “Showdown: Millennium Asks FERC for Permission to Ignore NY DEC”

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    PA Enviro Judge Puts 2-Week Pause on ME2 Pipeline Drilling

    Anti-fossil fuelers who irrationally hate anything to do with natural gas, including the super-safe pipelines that flow it, have found a sympathetic judge inside the Dept. of Environmental Protection’s Environmental Hearing Board to side with them in a campaign to stop the Mariner East 2 pipeline project. At least temporarily. Yesterday Environmental Hearing Board Judge Bernard Labuskes, Jr. issued an order stopping all underground horizontal directional drilling (HDD) across PA related to the ME2 project. The order affects some 55 different locations where HDD is being used. Headlines in left-leaning anti pubs like StateImpact Pennsylvania and the Pittsburgh Post-Gazette mislead people into thinking ALL construction of ME2 has stopped. That is manifestly untrue. The only thing stopped, for the next two weeks, is HDD. The other 90% (or more) of the project, which is digging trenches for the twin pipelines, continues. Only in locations where ME2 must drill underground–say under a stream or roadway–are affected by the judge’s order. The order is 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). Although temporary, this 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…
    Read More “PA Enviro Judge Puts 2-Week Pause on ME2 Pipeline Drilling”

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    Youngstown Frack Ban Vote on November Ballot – for 7th Time

    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, 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 create mob rule. The sad (and new) news is that the petition has garnered enough signatures and officially will appear on the ballot this November…
    Read More “Youngstown Frack Ban Vote on November Ballot – for 7th Time”

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    WV DEP Orders Rover to Stop Pipe Construction in 2 of 4 Counties

    Rover Pipeline has had trouble with the Ohio Environmental Protection Agency (OEPA). The OEPA has jumped on Rover’s back and hasn’t gotten off–over spills of drilling mud and mishandling (according to OEPA) torrential rainwater that ended up in Rover trenches, which Rover pumped out, flooding local farmers’ fields (see OEPA & Rover at Odds Over Storm Water Runoff, “Fine” Now $714K). The OEPA also claims diesel fuel was found in some of the spilled drilling mud (see OH EPA Says Diesel Fuel Found in Rover 2M Gal Drilling Mud Spill). OEPA got the Federal Energy Regulatory Commission (FERC) involved, asking FERC (the agency in charge of oversight) for help in reigning in Rover. FERC did just that, shutting down some of Rover’s activities while it (FERC) investigates. Now Rover is getting grief from the West Virginia Dept. of Environmental Protection (WVDEP). The WVDEP issued water pollution control permits for the project, and now says Rover has violated the conditions of the permits and must cease and desist “land development activity until such time when compliance with the terms and conditions of its permit and all pertinent laws and rules is achieved.” The issue appears to revolve around handling of storm water runoff (one of the issues in Ohio). Construction of Rover in Doddridge and Tyler counties has stopped, but construction continues in Hancock and Marshall counties…
    Read More “WV DEP Orders Rover to Stop Pipe Construction in 2 of 4 Counties”

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    Harrison County, WV NatGas Electric Plant Close to Final Approval

    In June the West Virginia Public Service Commission held a public hearing in Clarksburg, WV on the proposed ESC Harrison County Power Plant project (see Public Hearing Held for Harrison County, WV NatGas Electric Plant). ESC (Energy Solutions Consortium ) was founded by father and son team Andrew and Matthew Dorn, based in Buffalo, NY. The Dorns are behind a series of WV natgas-fired electric plants, the first of which will get built in Marshall County (see Progress for 3 WV NatGas Electric Plants; 1 Breaks Ground in 2016). At the public hearing, about the only person to speak against the project was the predictable nuts from the Sierra Club–opposed because they claim it will contribute to man-made global warming. Whatever. The time for public comments to the PSC is now over, and the PSC reports receiving 540 positive comments–and one negative comment. What does that tell you? The project still needs a few more permits (air and water) and is jumping through multiple government hoops now. However, ESC plans to have everything in hand, and the project bidded out, by the end of this year–with construction beginning early next year. Here’s an update on this vitally important, $600-$800 million project…
    Read More “Harrison County, WV NatGas Electric Plant Close to Final Approval”

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    Anti Groups Panic, Demand Govs Ban Fracking in Dela. River Basin

    Radical anti-fossil fuelers with THE Delaware Riverkeeper and New Jersey Sierra Club, along with a mish mash of other fringe “environmental” groups, are becoming shrill in their demand that fracking be permanently banned in the Delaware River Basin. Riverkeeper, Sierra Club and other nutjob groups are this week delivering a petition they claim has over 63,000 signatures (many of them made up or dead) calling on the governors of the four states that are part of the Delaware River Basin Commission (DRBC) to vote to permanently ban fracking in the DRBC’s jurisdiction. Each day this week the group of, whatever you call them, are delivering the petitions in staged media events, in each state capital. These groups have wanted and lobbied for a permanent ban for years. Why push so hard for it now? What’s the urgency? Why go on the road now to demand an outright ban? There is only one reason we can think of for why these radicals are pushing so hard now: they are running scared, concerned that a lawsuit by a Wayne County landowner in federal court will go against the DRBC and finally force the issue, allowing fracking (see Wayne County Landowner Files Brief in Case Against DRBC Frack Ban). Once fracking begins in the Delaware River Basin–and let us assure you, it will–and once everyone sees that fracking is safe and has zero impact on drinking water supplies, the lie anti-frackers have pedaled since Josh Fox and Gasland will be exposed for all to see. That’s why they are in a panic, “demanding” that fracking be banned, NOW. They need to get it banned before the judge makes a decision to allow it…
    Read More “Anti Groups Panic, Demand Govs Ban Fracking in Dela. River Basin”