Regulation

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    WV/OH Senators Intro Bill to Study Appalachian Ethane Storage Hub

    Sen. Shelley Moore Capito

    Both West Virginia U.S. Senators, Shelley Moore Capito (Republican) and Joe Manchin (Democrat), along with Ohio Sen. Rob Portman, have introduced and co-sponsored a bill to study if and how an ethane storage hub can be constructed in the Marcellus/Utica region. According to Brian Anderson, director of WVU’s Energy Institute, without ethane storage (and pipelines) the Marcellus/Utica region risks seeing its abundant ethane leave the area, mostly heading to the Gulf Coast. We need that ethane here, in our area. Others have also taken up the cause, making the point that West Virginia, Ohio, Pennsylvania and Kentucky need to band together to build such a project (see WV, OH, PA, KY Should Cooperate on $10B NGL Storage Hub). You mean, set aside competition between states and cooperate? Yes! Why? Such a project will cost an estimated $10 billion–far more than a single ethane cracker project. No one state can do it on its own. And that’s where this new bill comes in. The bill proposes a study be done by the Departments of Energy and Commerce within the next two years to analyze potential locations based on favorable geology, the economic feasibility and benefits of the project, infrastructure, and proximity to production sites and potential industrial consumers…
    Read More “WV/OH Senators Intro Bill to Study Appalachian Ethane Storage Hub”

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    The Coming Clash Between DC and NY re Pipeline Approvals

    Yesterday MDN brought you the news that Williams is talking with White House officials about federal intervention into the illegal refusal by the New York Dept. of Environmental Conservation (DEC) to issue water crossing permits for their Constitution Pipeline project (see Williams Tries an End-Run Around NY DEC for Constitution Permit). As we explained in that post, NY has authority granted to it by the federal government to award stream crossing permits under Section 401 of the federal Clean Water Act. The DEC, for purely political reasons and under the direction of Gov. Andrew Cuomo, has refused to do so–not only for the Constitution, but also for a second major pipeline project in the western part of the state (NFG’s Northern Access Pipeline project). According to an analyst from Height Securities, there is “political will” in Washington “to strip New York of its permitting authority.” Andrew Cuomo has gone rogue. He ignores federal law. Will Washington allow NY to continue thumbing its nose at the law? It looks like this is a battle royale between Donald Trump and Andrew Cuomo. Our chips are on Trump… Read More “The Coming Clash Between DC and NY re Pipeline Approvals”

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    PA Roars Its Approval of Atlantic Sunrise Pipeline with Petition, Comments

    While Williams is battling New York State in court, and in Washington, to get its Constitution Pipeline approved, another Williams project in neighboring Pennsylvania is much closer to construction–the Atlantic Sunrise Pipeline project. Atlantic Sunrise is a $3 billion, 198-mile pipeline project running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from northeastern PA with the Williams’ Transco pipeline in southern Lancaster County. The Federal Energy Regulatory Commission (FERC) gave its final seal of approval for the project in February (see Atlantic Sunrise Pipeline Gets Final Approval by FERC). But like NY, PA is holding up the project. The PA Dept. of Environmental Protection (DEP) has not, so far, granted necessary permits to allow construction to begin. Williams embarked on a public relations campaign to enlist support to pressure PA Gov. Tom Wolf and the DEP to grant the permits so construction can begin. The DEP is holding up this project and the 8,000 jobs it will create during construction. Yesterday, Williams delivered a petition to Gov. Wolf with the signatures of 3,000 people supporting the project. Will it be enough to get Wolf and the DEP off their collective rear ends to issue the permits?…
    Read More “PA Roars Its Approval of Atlantic Sunrise Pipeline with Petition, Comments”

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    FERC Slaps Rover Pipeline with Stop Drilling Order

    You can’t see we didn’t warn Rover Pipeline. In our story yesterday about the Ohio EPA’s frustration with Rover over regular spills of drilling mud (and other violations), we pointed out that the OEPA’s language is “Not good news for Rover, when one of the main state regulators (that can stop the project) is leveling criticisms like that” (see Ohio EPA Slaps Rover Pipe with $431K Fine for Spills, Other Issues). We also said, in the last sentence of that post, “Rover needs to get this situation under control before an emergency stop work order is slapped on them.” Such an order, more or less, has now been issued by the Federal Energy Regulatory Commission (FERC). Yesterday FERC sent a letter (copy below) to Rover telling the pipeline it can no longer drill horizontally underground for the pipeline in some locations–until it complies with certain measures outlined by FERC and gets FERC staff sign-off every step of the way. In other words, Rover has likely just been delayed–due to its own haste and by not displaying the proper contrite attitude toward the OEPA. No one to blame but themselves…
    Read More “FERC Slaps Rover Pipeline with Stop Drilling Order”

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    Williams Tries an End-Run Around NY DEC for Constitution Permit

    Does Williams have an “ace in the hole” with respect to the Constitution Pipeline? The Constitution, a ~$900 million, 124-mile pipeline planned to run from Susquehanna County, PA into Upstate New York, was approved by the Federal Energy Regulatory Commission (FERC) in December 2014 (see FERC Issues Final Approval for Constitution Pipeline in PA/NY). After a year and a half of delays from the New York State Dept. of Conservation (DEC), an organization now corrupted by Gov. Andrew Cuomo, the DEC capriciously denied stream crossing permits for the project (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). Williams, the builder of the project, subsequently sued in federal court to force the state to issue the permits. The outcome of that lawsuit is due any month now (see Constitution Pipeline Still Waiting on “Biggie” Court Decision). However, Williams is now attempting another strategy, parallel to their lawsuit, that may grant them game, set and match. The stream crossing permits withheld by the NY DEC are permits issued under Section 401 of the federal Clean Water Act. The DEC has the (delegated from the federal government) responsibility for issuing or denying Water Quality Certification (WQC) under Section 401. What if the feds were to snatch back that responsibility for themselves? Williams is asking the Trump White House to have the Army Corps of Engineers step in and grant the WQC for the Constitution under Section 401–as a replacement or substitute for the DEC. Such a move is allowed under the law–if a state refuses to act within a “reasonable” time period. If the Army Corps does step in and grant the Constitution a WQC, it would, in a word, emasculate the DEC and strip them of a great deal of their power–something we’ve previously warned about (see Bloomberg Predicts Court Will Strip NY’s Right to Stop Constitution). Will it work?… Read More “Williams Tries an End-Run Around NY DEC for Constitution Permit”

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    Crestwood Drops Seneca Lake Natgas Storage Plan, Keeps LPG Plan

    Seneca Lake LPG facility – click for larger version

    MDN has extensively covered the fight to get the Seneca Lake Storage Project permissioned. In 2009 Inergy filed a request to convert a depleted salt cavern along the shore of Seneca Lake (in Schuyler County, NY, near Watkins Glen) into a propane/natural gas storage facility. Inergy was later bought by and merged into Crestwood Midstream, and Crestwood Midstream later became Crestwood Equity. The New York Dept. of Environmental Conservation (DEC) has been sitting on its hands from the beginning, refusing to grant the necessary permits to allow the facility to open. Sound familiar? Same old delay and later deny strategy from man-child Andrew Cuomo. The plan, from the beginning, is to store both natural gas and LPG–or liquefied petroleum gas, commonly known as propane. Due to the ongoing delay from the NY DEC, last May the Federal Energy Regulatory Commission (FERC), which would oversee construction of the project, granted a two-year extension for the project to be completed (see Stalled Seneca Lake Propane Storage Project Gets FERC Extension). In a regular report filed with FERC on May 9, Crestwood’s Arlington Storage subsidiary (the company on paper attempting to build the facility) withdrew its request to build the portion of the project that would store natural gas–the “Gallery 2” project. However, Crestwood/Arlington Storage is still pushing forward with LPG (propane) storage at the Seneca Lake facility. A small-but-dedicated group of nutjob antis are heralding this as some sort of “tremendous victory.” It is nothing of the sort. The main part of the project has always been about storing propane, not natural gas… Read More “Crestwood Drops Seneca Lake Natgas Storage Plan, Keeps LPG Plan”

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    Ohio EPA Slaps Rover Pipe with $431K Fine for Spills, Other Issues

    Rover mud spill in April

    The Ohio Environmental Protection Agency (OEPA) is frustrated with Energy Transfer and its management of constructing the ~$4 billion Rover Pipeline through the state. As MDN reported in April, Rover spilled some 2 million gallons of non-toxic drilling mud (i.e. bentonite) in three separate incidents (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp and Rover Update: Half of 15K Workers Now Hired, 2% Pipeline Laid). We know that the biggest spill happened in Stark County, and another sizable spill in Richland County. It appears spilling some mud wasn’t the only environmental violation. The OEPA has just assessed a $431,000 fine against Energy Transfer for “18 incidents involving mud spills from drilling, stormwater pollution and open burning at Rover pipeline construction sites have been reported between late March and Monday.” The latest mud spill happened on Monday–200 gallons in Harrison County. OEPA Director Craig Butler said, “All told, our frustration is really high. We don’t think they’re taking Ohio seriously…Normally when we have…a series of events like this, companies respond with a whole lot of contrition and whole lot of commitment. We haven’t seen that. It’s pretty shocking.” Not good news for Rover, when one of the main state regulators (that can stop the project) is leveling criticisms like that… Read More “Ohio EPA Slaps Rover Pipe with $431K Fine for Spills, Other Issues”

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    Trump Nominates 2 New FERC Commissioners – Powelson & Chatterjee

    Finally! President Trump has proffered two candidates to fill the (soon to be) four empty slots as commissioners for the Federal Energy Regulatory Commission (FERC). The FERC board is supposed to have five commissioners. It currently has two, and soon to be one. Three commissioners are needed to fulfill a quorum, allowing votes to be taken on important infrastructure (i.e. pipeline) projects. A number of vital Marcellus/Utica projects are on hold due to lack of quorum. The not-so-secret rumor running around Washington since March was that Trump would nominate Kevin McIntyre, Neil Chatterjee and Robert Powelson (see Breaking: Kevin McIntyre, Neil Chatterjee are Trump Picks for FERC and Names Mentioned for 3rd FERC Post, Incl. PA’s Powelson). Kevin McIntyre is an attorney with the Jones Day law firm. Neil Chatterjee is a senior energy adviser to Senate Majority Leader Mitch McConnell. And Rob Powelson is a member of the Pennsylvania Public Utilities Commission, and currently the president of the National Association of Regulatory Utility Commissioners (NARUC). The rumor was that McIntyre would be put forward as chairman of FERC. Yet, when Trump finally nominated, McIntyre was not in the mix. Will he come along later? Is he now off the list? At least with Chatterjee and Powelson, FERC will once again have a quorum. When? Both candidates have to be vetted by the Senate. If everything goes smoothly, a final vote could happen by early June. Unless the Democrats try to slam the breaks on… Read More “Trump Nominates 2 New FERC Commissioners – Powelson & Chatterjee”

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    PA DEP Acting Secretary McDonnell Will Soon Drop “Acting” from Title

    Patrick McDonnell Acting Secretary, DEP

    It won’t be long now and Acting Secretary of the Pennsylvania Dept. of Environmental Protection won’t have to “act” any more. In May 2016, DEP Secretary John Quigley was fired for using a PRIVATE email account to collude with his Big Green friends to try and bully PA’s legislators into supporting his onerous proposed regulations (see Smoking Gun: Copy of the Email that Got John Quigley Fired). Richly deserved. The man who took his place as Acting Secretary is Patrick McDonnell, a 19-year veteran of the DEP. Pat made it clear from the beginning he’d like to move from “acting” to full Secretary. It took Wolf long enough, but finally in September he put Pat’s name forward as permanent DEP Secretary (see Gov. Wolf Nominates Pat McDonnell to Head PA DEP, Finally). We’re not sure what the holdup has been, but the PA Senate Environmental Resources and Energy Committee finally held a hearing and grilled McDonnell yesterday, after which the panel voted to recommend he be confirmed. The full Senate has until May 23rd to cast that vote, which we expect they will do… Read More “PA DEP Acting Secretary McDonnell Will Soon Drop “Acting” from Title”

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    Study Finds Fugitive Methane from O&G 97% Less than EPA Estimates

    The federal Environmental Protection Agency (EPA), under the Obama/McCarthy reign of terror, far overstepped its charter by seizing power that doesn’t belong to it. Last May the EPA issued new methane rules in a back-door way to try and regulate the oil and gas industry (see EPA Does it Again: Tries to Destroy O&G with New Methane Rule). In pretty short order several states sued to stop the order, which eventually turned into 15 states (see 15 States File Lawsuits to Block EPA O&G Methane Rule). The EPA claimed, at that time, that methane is leaking out of bore holes, pipelines, valves–just about everywhere on a well pad. And methane (as the fairy tale goes) is a gajillion times more “potent” than carbon dioxide when it comes to causing man-made global warming. The problem is, the EPA used estimates, calculations, algorithms, spreadsheets as their “evidence.” They never went into the field and actually measured anything. Such a field study has now been done–by the EPA–in the Uinta Shale Basin in Colorado (full copy below). And guess what the researchers have found? While there is some methane leakage here and there, the EPA previously OVERESTIMATED the leakage–by 97%! Yes, “EPA researchers found methane emissions from intermittent bleed devices were 97 percent lower than the standard emission factor for intermittent pneumatic control devices EPA uses for estimates in its Greenhouse Gas Inventory(GHGI).” In other words, the entire methane rule the EPA forced on the industry was based on lies…a foundation of sand…a house of cards. Why does that not surprise us?…
    Read More “Study Finds Fugitive Methane from O&G 97% Less than EPA Estimates”

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    Fracking is Legal in New York? Yes! Using LPG

    Every now and again a gift lands in our lap, unexpectedly. Such is the case today. A third year law student at the University of Buffalo School of Law, Kelsey Hanson, has researched and written a masterful paper on the potential for LPG (liquefied propane) fracking in, yes, New York State. The paper, titled “Hey New York, You Can Frack: An Examination of How Liquefied Petroleum Gas Sidesteps New York’s Fracking Ban to Provide a Legal and Practical Approach for Horizontal Drilling in New York’s Marcellus Shale” (full copy below) has just been published in the Buffalo Law Review (how did that happen?!). In the paper, Hanson first gives a background of traditional fracking, then zeros in and explores LPG fracking–its benefits and its pitfalls. She concludes that the NY Dept. of Environmental Conservation (DEC) has left the door open, legally, for shale LPG fracking in the Empire State. She also gives us a much-needed update on the question MDN gets asked frequently: Whatever happened to LPG fracking in Tioga County, NY? The article is eminently readable, full of great information, and worth your time…
    Read More “Fracking is Legal in New York? Yes! Using LPG”

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    Federal EPA Writes a PennEast Pipeline Love Letter to FERC

    Once upon a time, during the Obama reign of terror, the out-of-control Environmental Protection Agency (EPA), as headed by the odious Gina McCarthy, blasted the PennEast Pipeline project (see Obama EPA, National Park Service Try to Rain on PennEast Parade). The Obama/McCarthy EPA made an outrageous claim: That building PennEast “may” end up causing arsenic in groundwater supplies. Totally bogus. And pathetic. The Federal Energy Regulatory Commission (FERC) didn’t fall for EPA’s arsenic and old lace. They approved the project in April (see FERC Issues Favorable Final EIS for PennEast Pipeline Project). Along with the change in the presidency has come some clear-headed thinking in Washington, DC–including at the EPA. Make no mistake–the EPA is still overly populated with Obamadroids that need to be canned. However, there’s enough of a change at the EPA that the agency has just sent what we would call a love letter to FERC, about PennEast. In it, the EPA says, “FERC’s efforts to consider and actively engage EPA to discuss comments, which resulted in improved or modified documentation provided in the [Final] EIS and improved safeguards for protection of human health and the environment.” And because of that, “many of our concerns and objections [to PennEast] have been or will be addressed.” In other words, everybody has now kissed and made up. EPA is feelin’ good about PennEast. And so are we…
    Read More “Federal EPA Writes a PennEast Pipeline Love Letter to FERC”

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    NY DEC Grants Water Permits for Atlantic Bridge Pipeline Project

    Very good news for Spectra Energy’s Atlantic Bridge project in (of all places) New York State. In January the Federal Energy Regulatory Commission (FERC) gave its final stamp of approval for Atlantic Bridge (see FERC Approves Atlantic Bridge Project for New England/Canada). Atlantic Bridge will beef up capacity on the Algonquin Gas Transmission and Maritimes & Northeast Pipeline systems–to move more Marcellus/Utica gas to New England and Canada. Even though FERC “approved” Atlantic Bridge, Spectra Energy must still ask for “Mother May I?” permission to begin construction on specific, individual portions of the project. FERC granted Spectra Energy permission to begin construction on all of their requests in Connecticut in March (see FERC Grants Atlantic Bridge Pipe OK to Begin CT Construction). However, the part of the project located in New York State was stalled, waiting for a water crossing permit from the Cuomo corrupted Dept. of Environmental Conservation (DEC). Miracle of miracles–the DEC has granted those permits… Read More “NY DEC Grants Water Permits for Atlantic Bridge Pipeline Project”

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    40 Ohio Groups Band Together to Oppose FirstEnergy’s Nuke Bailout

    In April, MDN brought you news of an effort underway in Ohio to tax Ohio ratepayers $5.4 billion and give that money to FirstEnergy to prevent some of its nuclear power plants from closing (see OH Law Would Bailout Nuke Plants for $5.4B, Kill NatGas Plants). Given stiff regulations, nuke plants face stiff competition in the free marketplace. Natural gas-fired plants are cheaper to build and operate, and deliver cheaper electricity. Since nukes can’t compete in the free and open market, FirstEnergy wants to rig the game, all in the name of “energy diversity” and keeping their nuke plants open (and investors happy). Rate-paying Ohioans get screwed in the process. Some 40 groups have banded together for form the Coalition Against Nuclear Bailouts. Some are big groups, some are individuals. They are diverse. For example, the far-left AARP (disgusting organization) is in the coalition. So too is the Ohio Oil and Gas Association (OOGA) and the National Association of Royalty Owners (NARO). Plus some pastors of churches, and local politicians. Feels kind of weird to support an organization with groups like the AARP in it. But perhaps the enemy of my enemy is my friend. At least in this case. It is, truly, a nonpartisan (or should we say bipartisan) coalition that has risen up to fight the nuclear bailout… Read More “40 Ohio Groups Band Together to Oppose FirstEnergy’s Nuke Bailout”

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    NFG Update – Getting “Lousy Treatment” in NY, Threatens to Leave

    National Fuel Gas Company (NFG), headquartered in Western New York State, is making noises (threats) that Gov. Andrew Cuomo should be very concerned about. NFG covers the full span of the oil and gas business–from upstream (with its wholly-owned drilling subsidiary Seneca Resources), to the midstream (with wholly-owned subsidiary Empire Pipeline) to downstream (NFG’s natural gas utility service to 740,000 customers in NY and PA). It’s a big company that generates a lot of jobs and revenue for New York State. Yet NY is metaphorically crapping all over NFG–and the company is signaling its willingness to retaliate by leaving. No, not move the company HQ, or sell off its gigantic utility business. Nothing of that sort (yet, anyway). But NFG CEO Ronald Tanski said on an earnings call last Friday that NFG is “getting lousy regulatory treatment in New York State” and that “Given this type of regulatory treatment in the state, we have to take a serious look at our ability to achieve any reasonable growth in New York.” Translation: We’ll stop launching new projects that invest billions in the Empire State, and instead invest that money and the jobs it creates in PA and other states. The “lousy treatment” NFG is getting is related to NY’s corrupt Dept. of Environmental Conservation decision to deny it permits to build the Northern Access Pipeline (see NFG Calls Cuomo DEC Denial of Northern Access Pipe “Troubling”). NFG has taken the Cuomo DEC to court to try and get the DEC’s capricious pipeline decision overturned. However, the damage is now done. NFG is threatening to invest elsewhere–and we take them at their word. This is not an empty threat…
    Read More “NFG Update – Getting “Lousy Treatment” in NY, Threatens to Leave”

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    Ohio DNR Issues New Pooling Guidelines for Drillers

    Last week the Ohio Dept. of Natural Resources (ODNR) issued updated guidelines for “statutory unitization applications” (full copy below). That is, when a driller wants to form a unit for drilling by combining adjacent properties, the driller must first request permission from the ODNR to form a unit. In Ohio, a unit can be formed when the driller has 65% of the acreage in the unit under a lease agreement. In other words, these are the revised/new guidelines (i.e. hoops) drillers must jump through before the ODNR will agree to combine either willing, or unwilling (force pooled) landowners into a unit for drilling… Read More “Ohio DNR Issues New Pooling Guidelines for Drillers”