Regulation

Energy Services | Industrywide Issues | Litigation | NEXUS Pipeline | Ohio | Pipelines | Regulation | Statewide OH

CORNballs Strike Again, File Lawsuit to Stop NEXUS Pipeline
May 15, 2017May 15, 2017

A group of landowners in Ohio calling themselves the Coalition to Reroute Nexus (CORN), whom we affectionately call CORNballs, have filed a lawsuit in court against the NEXUS pipeline project. Not to actually reroute NEXUS, but to kill it. To stop it. The landowners are asking a federal court to block the Federal Energy Regulatory Commission (FERC) from allowing the project to proceed–which of course is not going to happen–and to legally bar the NEXUS Gas Transmission project from building the pipeline. Which has been the aim of the CORNballs from the beginning–contrary to the party line that they just want it rerouted around them. The CORNballs seem to be in league with antis in the City of Green, OH, who recently voted to give $100,000 of taxpayer money to high-priced Cleveland lawyers to try and stop NEXUS (see Green, OH Paying Lawyers $100K to Fund Stop NEXUS Crusade). Green also gave CORN $10,000, which no doubt is helping fund CORN’s legal effort to stop NEXUS… Read More “CORNballs Strike Again, File Lawsuit to Stop NEXUS Pipeline”
Anti-Drilling/Fossil Fuel | Crime | Energy Services | Industrywide Issues | Lancaster County | Pennsylvania | Pipelines | Regulation | Statewide PA | Transco | Williams

PA State Senator Introducing Law to Send Protesters Cleanup Bill
May 15, 2017May 15, 2017

Here’s a story we LOVE! As we previously reported, anti-fossil fuel “protesters” (i.e. paid thugs) in North Dakota, there to try and stop the Dakota Access Pipeline from being completed (which didn’t work), left a major mess behind when they finally moved on (see Dakota Access Pipeline Protesters Turn Violent; Coming Here Next?). The protesters, supposedly there to protect Mom Earth, left behind massive piles of garbage which, with the spring floods, threatened the local environment they were supposedly there to protect. State and local governments ended up paying millions of dollars to clean up the filth left behind to avoid an environmental catastrophe. As we’ve also reported, a number of times, anti-fossil fuel zealots from Lancaster County, PA are attempting to lure the same group of paid rabble-rousers to peaceful Lancaster County to reenact the same destruction–in a bid to stop the Williams Atlantic Sunrise Pipeline project (see PA Anti Hopes to Bring Standing Rock Disaster to Lancaster County). Earlier this month a local state senator from Lancaster, Scott Martin, convened a closed-door meeting to help local law enforcement and first responders prepare for the coming lawlessness of the protesters (see Lancaster Forum to Focus on Handling Anarchists in Pipeline Protest). Now Sen. Martin is set to introduce legislation that will give the bill for any cleanup of a large protest camp–to the protesters! That’s right, if they want to “assemble peaceably” and speak their minds–go right ahead. But if you create a massive dump like you created in North Dakota, this time you (the nutty protesters) are going to pay to clean it up. LOVE IT!… Read More “PA State Senator Introducing Law to Send Protesters Cleanup Bill”
Dominion Energy | Energy Services | Industrywide Issues | Pipelines | Regulation

Slight Delay: New Date for FERC Approval of Atlantic Coast Pipe
May 15, 2017May 15, 2017

There has been a slight delay from the Federal Energy Regulatory Commission (FERC) in the approval process for Dominion’s $5 billion, 594-mile Atlantic Coast Pipeline–a natural gas pipeline that will stretch from West Virginia through Virginia and into North Carolina. On Friday, FERC issued an official update to Dominion to say that instead of issuing a final Environmental Impact Statement (EIS) on June 30, 2017, as previously promised, the agency will now provide the final EIS on July 21, 2017–three weeks later. The final EIS is an important step in the process–perhaps THE most important step. When/if FERC issues a positive EIS that finds a project will not cause undue environmental harm, it’s usually all over. Yes, other steps are involved, but a final approval is then a foregone conclusion. So IF the final EIS is delivered on July 21, a 90-day clock begins ticking. FERC will then have until Oct. 19 to deliver their final final final approval of the project…
Read More “Slight Delay: New Date for FERC Approval of Atlantic Coast Pipe”
Industrywide Issues | Lancaster County | Maryland | Pennsylvania | Pipelines | Regulation | Statewide MD | Statewide PA

Delmarva Pipeline Expansion Gets Positive FERC Enviro Review
May 15, 2017May 15, 2017

Click for larger version

In July 2016 MDN told you about a smallish, but important pipeline project in the Delmarva Peninsula area, which includes most of Delaware and portions of Maryland and Virginia. Eastern Shore Natural Gas’ 2017 System Expansion project will bring new sources of natgas from an interconnection Eastern Shore has with the mighty TETCo (Texas Eastern Company) pipeline near Philadelphia (see PA/MD/DE Pipeline Project Heats Up with Open House Mtgs This Week). Although Eastern Shore, a subsidiary of Chesapeake Utilities Corporation, ran a non-binding open season in 2015, and although they pre-filed for the expansion project in May 2016, they didn’t file a full, official application with the Federal Energy Regulatory Commission (FERC) until January of this year (see Eastern Shore Files with FERC to Expand Delmarva Pipeline). The project includes 22.7 miles of new looping pipeline (laid next to existing pipeline) in Pennsylvania, Maryland and Delaware; a 16.9-mile extension to a pipeline in Sussex County, DE; and upgrades to compressor and valve stations. Chesapeake Utilities, the parent company, calls the project the single largest such expansion in Eastern Shore’s history, a project that will bump up gas delivery volumes by 25%. Good news: FERC has just released the initial Environmental Assessment (EA). View the full 295-page document below. Interested parties now have until June 12 to comment on the EA, after which FERC will evaluate those comments and issue a final EA…
Read More “Delmarva Pipeline Expansion Gets Positive FERC Enviro Review”
Anti-Drilling/Fossil Fuel | Electrical Generation | Industrywide Issues | Regulation

High Elec Rates Coming in CT After Natgas Electric Plant Rejected
May 15, 2017May 15, 2017

“Stupid is as stupid does.” – Forrest Gump. New England needs more natural gas. Why? Because they heat with it, but more importantly, because the produce electricity with it. New England has the highest electric rates in the country–up to four times higher than other regions. These are indisputable facts. In early 2014 all of the six New England state governors sent a letter supporting new pipeline infrastructure to bring cheap, abundant, clean-burning Marcellus Shale gas to New England (see Blue State Blues: 6 New England States Want New Natgas Pipeline). One of those governors was/is Connecticut’s Dannel Malloy–a liberal Democrat. Wonders never cease. But opposition to pipelines–and now (incredibly) to the very plants that produce electricity, has metastasized–such is the power of anti-fossil fuel lunacy. The Connecticut Siting Council has rejected a plan to build a new, $537 million natgas-fired electric plant in Killingly. When Connecticut residents begin to experience not only insanely high prices for electricity, but the fact they can’t even get electricity at any cost (i.e. rolling blackouts), don’t say we didn’t warn them… Read More “High Elec Rates Coming in CT After Natgas Electric Plant Rejected”
Accidents | Energy Services | Energy Transfer Partners | Industrywide Issues | Ohio | Pipelines | Regulation | Statewide OH

ET Disputes Ohio EPA Action on Rover, Says there Is No $431K Fine
May 12, 2017May 12, 2017

Somebody somewhere isn’t telling the truth. Earlier this week MDN brought you the news that Energy Transfer’s Rover Pipeline project has been fined by the Ohio Environmental Protection Agency (OEPA) for $431,000 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” (see Ohio EPA Slaps Rover Pipe with $431K Fine for Spills, Other Issues). Based on OEPA’s report to the Federal Energy Regulatory Commission, FERC then told Rover to stop any new horizontal drilling underground (see FERC Slaps Rover Pipeline with Stop Drilling Order). But a recently filed report with FERC for the Rover project indicates only three spills and takes the tone it’s no big deal. And, a spokeswoman for Energy Transfer told the ace reporters at Natural Gas Intelligence that Rover has not been fined by the OEPA…
Read More “ET Disputes Ohio EPA Action on Rover, Says there Is No $431K Fine”
Ethane | Industrywide Issues | Ohio | Regulation | Statewide OH | Statewide WV | West Virginia

WV/OH Senators Intro Bill to Study Appalachian Ethane Storage Hub
May 12, 2017May 12, 2017

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”
Industrywide Issues | New York | Pipelines | Regulation | Statewide NY

The Coming Clash Between DC and NY re Pipeline Approvals
May 12, 2017May 12, 2017

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”
Energy Services | Industrywide Issues | Pennsylvania | Pipelines | Regulation | Statewide PA | Transco | Williams

PA Roars Its Approval of Atlantic Sunrise Pipeline with Petition, Comments
May 12, 2017May 12, 2017

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”
Accidents | Energy Services | Energy Transfer Partners | Industrywide Issues | Ohio | Pipelines | Regulation | Statewide OH

FERC Slaps Rover Pipeline with Stop Drilling Order
May 11, 2017May 11, 2017

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”
Energy Services | Industrywide Issues | New York | Pipelines | Regulation | Statewide NY | Williams

Williams Tries an End-Run Around NY DEC for Constitution Permit
May 11, 2017May 11, 2017

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”
Crestwood Midstream | Energy Services | Industrywide Issues | New York | NGLs | Regulation | Schuyler County

Crestwood Drops Seneca Lake Natgas Storage Plan, Keeps LPG Plan
May 11, 2017May 11, 2017

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”
Energy Services | Energy Transfer Partners | Industrywide Issues | Ohio | Pipelines | Regulation | Statewide OH

Ohio EPA Slaps Rover Pipe with $431K Fine for Spills, Other Issues
May 10, 2017May 10, 2017

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”
Industrywide Issues | Pipelines | Regulation

Trump Nominates 2 New FERC Commissioners – Powelson & Chatterjee
May 10, 2017May 19, 2017

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”
Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA DEP Acting Secretary McDonnell Will Soon Drop “Acting” from Title
May 10, 2017May 10, 2017

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”
Air Quality | Industrywide Issues | Regulation | Research

Study Finds Fugitive Methane from O&G 97% Less than EPA Estimates
May 10, 2017May 10, 2017

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”