Regulation

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    Big Green Groups Stage Walkout at PA DEP Atlantic Sunrise Hearing

    Last night the Pennsylvania Dept. of Environmental Protection (DEP) held one final public hearing for the Williams Atlantic Sunrise Pipeline project–in Lancaster. As we previously reported, anti-fossil fuel nutters planned to gather prior to the meeting so they could choreograph a “walkout” of the meeting, as a form of protest (see PA DEP to Hold Final Atlantic Sunrise Hearing, Antis Plan Walkout). Indeed that is just what happened. A group of petulant babies got up during the meeting, theatrically put on surgical masks, and walked out. They then held their own meeting outside, to regurgitate the same lies and smears they’ve been spreading for months. Meanwhile, inside the meeting, the adults who remained spoke up about legitimate concerns with the project, which is why the meeting was held in the first place…
    Read More “Big Green Groups Stage Walkout at PA DEP Atlantic Sunrise Hearing”

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    Michigan County Tells FERC NEXUS Won’t Clean Up After Itself

    The Washtenaw County (Michigan) Road Commission has written a letter to the Federal Energy Regulatory Commission (FERC), requesting FERC deny a certificate to build the NEXUS Pipeline because (they claim) NEXUS has bullied them. It seems the Road Commission has been working with NEXUS over the past year to prepare for the pipeline. The Road Commission wants NEXUS to jump through all sorts of hoops, do handstands, backflips, and in general, dance to the Road Commission’s tune. And because NEXUS isn’t willing to bend all the over backwards, the Road Commission is miffed. The Road Commission is the lord of their domain, and no outsider is going to do anything without their permission. So the Road Commission has run to mommy (FERC) and started bawling that NEXUS are meanies and they won’t pick up after themselves and they’re just BULLIES. So FERC should just go ahead and shut the whole $2 billion, 255-mile interstate pipeline project down (that will run from Ohio through Michigan)–because of one whiny Road Commission in one county…
    Read More “Michigan County Tells FERC NEXUS Won’t Clean Up After Itself”

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    PennEast Pipeline Asks FERC for Expedited Final Approval

    Jeff Tittel, the head of the New Jersey Sierra Club, last week called President Trump a “fossil fool in the White House” and panned Trump for doing his Constitutional duty in appointing new members to the Federal Energy Regulatory Commission (FERC). Tittel’s latest titillation came in response to PennEast Pipeline sending a letter to FERC last Thursday requesting the agency move forward posthaste with granting the project a final certificate to proceed to construction–something that terrifies Tittel and his sidekick, THE Delaware Riverkeeper, Maya van Rossum. Tittel and van Rossum have staked their reputations and the reputations of their anti-fossil fuel groups on stopping PennEast. So once the bulldozers fire up and begin digging trenches, it’s all over for them. They might actually have to find real jobs. Below is PennEast’s request to FERC along with the instantaneous (and paranoid) reaction from several Big Green radical groups….
    Read More “PennEast Pipeline Asks FERC for Expedited Final Approval”

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    Monroeville, PA Close to Passing Restrictive Seismic Testing Ord.

    Monroeville, PA (suburb of Pittsburgh) is making moves to restrict seismic testing within municipal boundaries–a move meant to restrict future shale well drilling in the area by Huntley & Huntley. In a July story, MDN brought you the news that Cougar Land Services, a subcontractor working with Huntley & Huntley, is planning to conduct seismic testing in two rural areas of the municipality, including “small portions” of Monroeville’s northernmost and southernmost tips (see H&H: Seismic Testing Coming to Monroeville, Not to Oakmont). Monroeville Council recently voted to publish a draft of its new seismic testing ordinance for 30 days of public comment, which means they intend to adopt it following that period. The restrictions are meant to hassle anyone wanting to conduct seismic testing, i.e. Huntley & Huntley. Which is kind of sad, as H&H is headquartered in Monroeville. Kind of like spitting in the company’s face. Perhaps H&H should consider moving? At any rate, H&H says they are reviewing the ordinance now and if it “is outside the state parameters,” H&H will litigate…
    Read More “Monroeville, PA Close to Passing Restrictive Seismic Testing Ord.”

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    PA’s Regulatory Mess Slows Marcellus Drilling – Time to Fix It

    Since Tom Wolf assumed office as governor of Pennsylvania in January 2015, the state Dept. of Environmental Protection (DEP) has been in a downward spiral when it comes to the speed with which they approve permits for the Marcellus Shale industry. The DEP has a policy of issuing erosion and sedimentation permits 14 days from the date of application. These types of permits are common and necessary when building roads, well pads, etc. Lately it has taken the DEP 250 days to issue those permits! Permits related to drilling wells are supposed to take no more than 45 days. Those permits now average 93 days. The DEP is hopelessly backlogged–and it’s getting worse. When PA’s traitorous Republican Senate sold out and signed on to a Marcellus Shale severance tax back in July, the Senate also approved (as part of the budget bill) fixes to speed up the permitting process (see PA Senate’s “Olive Branch” of “Relaxed Regulations” for Drillers). Since DEP can’t seem to fix its own mess, the Senate is willing to “lend a hand” to help them get it done. Kathryn Klaber, former president of the Marcellus Shale Coalition and now CEO of The Klaber Group, writes about the necessary revisions to PA (and the country’s) regulatory mess. She makes the point loud and clear that tweaking regulations is not an attack on the environment, as radicals seek to spin it…
    Read More “PA’s Regulatory Mess Slows Marcellus Drilling – Time to Fix It”

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    FERC Open Meetings Restart on Sept 20, Some Votes Coming Sooner

    The Federal Energy Regulatory Commission (FERC) sent an important signal last week: the agency is open for business and they won’t wait until the first public meeting (Sept. 20th) to begin voting on important pipeline projects. That’s our take after reading a notice posted by FERC, and after reading statements made by a FERC spokesperson. Which is good news for the many pipeline projects currently in limbo. A quorum of voting members was reestablished last week when both Neil Chatterjee and Robert Powelson were sworn in (see FERC Quorum Restored; New Chairman; List of Stalled Pipe Projects). There are now three (of five) commissioners appointed and working–enough to cast votes on important/big/”controversial” pipeline projects. Typically such votes are cast in an open and public meeting, held monthly. The next such meeting will be held Sept. 20th, according to a FERC announcement. However, the same announcement hints that voting will go on now, ahead of the public meeting, and projects can (likely will) get approved now, ahead of the monthly public meeting…
    Read More “FERC Open Meetings Restart on Sept 20, Some Votes Coming Sooner”

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    CORNballs Get Cornier – Say They’ve Been “FERC’d” re NEXUS Pipe

    The CORNballs of Ohio are not happy campers in their quest to try and shut down the $2 billion, 255-mile NEXUS interstate natural gas pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. CORN stands for Coalition to Reroute NEXUS. CORNballs is what we affectionately call the group–as a way of pointing out their nutty real purpose, which is to try and shut the NEXUS project down. Their aim has nothing to do with “rerouting” and everything to do with shutting it down. In May 2017, the CORNballs revealed their true colors when they filed a lawsuit in federal court in Akron, OH (see CORNballs Strike Again, File Lawsuit to Stop NEXUS Pipeline). As part of that lawsuit, lawyers for the CORNballs filed claims the Federal Energy Regulatory Commission (FERC) acted illegally during the approval process (see CORNballs Accuse FERC of Illegally Approving NEXUS Pipeline in OH). As we said at the time, “Good luck with proving that in court.” NEXUS filed a motion to dismiss this frivolous case, based on the fact the federal court in Akron doesn’t have jurisdiction, and earlier this week that is just what happened. The court said they don’t have jurisdiction to consider the lawsuit. The news seems to have hit the CORNballs pretty hard. They’re not only upset about the court decision, but also about the U.S. Senate performing their Constitutional duty by voting to confirm two new commissioners for the federal agency that approves projects like NEXUS–the Federal Energy Regulatory Commission (FERC). One CORNball quipped they’ve been “FERC’d”…
    Read More “CORNballs Get Cornier – Say They’ve Been “FERC’d” re NEXUS Pipe”

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    FERC Quorum Restored; New Chairman; List of Stalled Pipe Projects

    Neil Chatterjee – New (temporary) FERC Chairman

    A bunch of Federal Energy Regulatory Commission (FERC) news to report. On Tuesday, FERC commissioner nominee Neil Chatterjee was sworn in, bringing the voting tally to two (of five). Yesterday, nominee Rob Powelson was sworn in, bringing the vote tally to three of five–which is now a quorum. Hooray! There are some $50 billion worth of pipeline and electric projects on hold due to lack of a voting quorum at FERC. Those projects, many of them in the Marcellus/Utica, will not move forward. In addition to the new quorum, President Trump named Chatterjee as the new (and temporary) chairman of FERC. The chairman drives the agenda and sets up the votes, so it makes sense for Trump to pick one of his own to fill the position. That means existing chairwoman Cheryl LaFleur (Democrat), who has been temporary in the position since January, will now resume her role as just a “regular” FERC commissioner. Why is Chatterjee only temporary? Because Trump has announced he wants another nominee, energy lawyer Kevin McIntyre, to become the chairman once the Senate has approved him. In an interview, Chatterjee observed this has been the first time in FERC’s 40 year history that the group has been without a quorum. Below we update you on the news, and bring you the complete list of pending pipeline projects that need a vote by FERC’s new quorum…
    Read More “FERC Quorum Restored; New Chairman; List of Stalled Pipe Projects”

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    Judge Approves Sunoco Deal w/Devil; Radical Groups Brag About Win

    Yesterday MDN brought you the news that Sunoco Logistics Partners had cut a deal with the devil, meaning three radical Big Green groups, to slow down but eventually complete work on the Mariner East 2 natural gas liquids (NGL) pipeline project in Pennsylvania (see Sunoco Strikes Deal with Devil, “Settles” with Anti Groups re ME2). The deal means Sunoco has to re-submit plans for underground horizontal direction drilling (HDD) in 47 locations to the PA Dept. of Environmental Protection (DEP) for review. The DEP will then get 21 days to review those re-worked plans. But the plan needed to be blessed by Environmental Hearing Board Judge Bernard Labuskes Jr. first. Yesterday Judge Labuskes gave the plan his stamp of approval. Now the three Big Green groups–Clean Air Council, Mountain Watershed Association, and Delaware Riverkeeper Network–are bragging about their victory. High-fiving each other and taking pot shots at the DEP and one of their own–Democrat Gov. Tom Wolf. Wolf is not “pure” enough for Big Green nutters. Only a complete shut-down of the project would be acceptable, which Wolf does not support. However, the Big Greeners are pragmatic. They’ll take half a loaf–in this case slowing the project down…
    Read More “Judge Approves Sunoco Deal w/Devil; Radical Groups Brag About Win”

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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”