Regulation

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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”

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    Is New PA AG Shapiro Targeting Marcellus Industry like Kane Did?

    Steve Santarsiero

    We have some chilling and disturbing news to share with our fiends in the Marcellus industry in Pennsylvania. When Kathleen Kane, the now removed-from-office, former Attorney General of PA, took office in 2013, we speculated (based on her previous statements) whether or not she would target the drilling industry (see Will New PA AG Go After the Marcellus Drilling Industry?). Over the next several years, she did indeed target the industry, attempting to turn accidents into crimes (see PA AG Abuses Her Authority, Files Criminal Charges Against XTO; PA’s Anti-Drilling AG Charges Minuteman with Enviro Crimes; and PA Attorney Gen. Kane Abuses Office Again, Arrest Warrant for EQT). Kane was later hoist with her own petard, jailed for a crime unrelated to the drilling industry (see PA’s Anti-Drilling AG Kathleen Kane Sentenced to Jail for Perjury). A fitting end to an undistinguished career. Kane’s successor, Attorney General Josh Shapiro, may be heading in the same direction as Kane by targeting the industry. Shapiro has just appointed an anti-driller, Steve Santarsiero, as Chief Deputy Attorney General of the Environmental Protection Section. It will be Santarsiero’s job to aggressively “prosecute cases against anyone or any company that breaks the law and harms our environment.” Santarsiero helped ban fracking on PA state land under former Gov. Ed “fast Eddie” Rendell…
    Read More “Is New PA AG Shapiro Targeting Marcellus Industry like Kane Did?”

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    Congress Considers Expanding FERC Authority to Fix Pipe Approvals

    The U.S. The House of Representatives’ Committee on Energy and Commerce held a hearing on Wednesday to hear testimony on a proposed plan to grant the Federal Energy Regulatory Commission (FERC) more authority to speed up the pipeline approval process. Up for discuss is an amendment to the Natural Gas Act to grant FERC more authority in coordinating what is, admittedly, a complex review process. A more powerful FERC would, for example, likely be able to override states like New York that refuse to grant water crossing permits (permits that are issued under a federal law!). Don Santa, executive director of the Interstate Natural Gas Association of America, was one of the people testifying before the assembled Congressmen. He said things have gotten pretty bad over the past two years–yes with FERC, but also with other federal and state agencies. Here’s some of what was said at the hearing…
    Read More “Congress Considers Expanding FERC Authority to Fix Pipe Approvals”

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    Ohio Legislators Push to Allow Fracking in State Parks, Forests

    Thumbing their collective noses at Ohio RINO Gov. John “foreigner hunter” Kasich, Republican legislators in the House added a “little-noticed provision” in the state budget deal that will give the legislature, and not the governor, the power to select members of the Ohio Oil and Gas Commission. That small change would have huge consequences. How? the Oil and Gas Commission is charged with approving potential drillers on state land. Five years ago, Kasich flip-flopped on the issue and since then has not allowed shale drilling in state-owned forests and state-owned parks–by refusing to add any new members to the Commission. It is a de facto moratorium from the governor that prevents fracking on state-owned land. Enough is enough. Republicans intend to change it this year…
    Read More “Ohio Legislators Push to Allow Fracking in State Parks, Forests”

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    Antis Mad Middletown Won’t Block Mariner East 2 Pipe Near Homes

    Looks like Middletown Township, in Delaware County, PA (Philadelphia suburb), has finally faced reality that the Mariner East 2 Pipeline is coming through town. To be fair, town council came to that conclusion last September when they voted to grant easements to Sunoco Logistics Partners to build Mariner East 2 across four parcels of public land (see SEPA Town Votes to Allow Mariner East 2 Across Town Land). However, Middletown has still officially opposed the pipeline. In January Middletown colluded with other towns to pass a resolution opposing it–a totally empty gesture meant to placate a few disgruntled residents (see Towns Near Philly Collude with CAC to Block Mariner East 2 Pipe?). Those disgruntled residents are still not placated. Six residents living near where the pipeline will pass asked town council to reject the path of the pipeline near their property because it would, supposedly, pass closer than town code allows. At a meeting earlier this week, town council told the residents they’re out of luck–the town will not pursue any action to block Mariner East 2. Period. The residents, amped up and agitated by Big Green groups, is considering a lawsuit against the pipeline to force it to conform with Middletown’s ordinance… Read More “Antis Mad Middletown Won’t Block Mariner East 2 Pipe Near Homes”

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    And Then There was One – Another FERC Commissioner Resigns

    Colette Honorable

    Just last week MDN highlighted the urgent need for more commissioners to be appointed by President Trump to the Federal Energy Regulatory Commission (see Dear President Trump: FERC Needs a Quorum. NOW.). FERC is the agency that, among other things, reviews and approves interstate oil and gas pipeline projects. A full commission has five members. The agency has been without a quorum since Feb. 3, when Norman “cry baby” Bay quit in a huff, leaving the commission with just two members (see FERC Commissioner Resigns Threatening Major M-U Pipeline Projects). Both sides of the isle–those who support drilling and pipelines, and those who don’t–have been pleading with President Trump to get new members appointed. Last Friday one of the final two members, Colette Honorable, said she will leave the commission when her term expires in June. The only commissioner left will be current Chairperson Cheryl LaFleur. What’s going on? Why hasn’t the White House nominated anyone yet?…
    Read More “And Then There was One – Another FERC Commissioner Resigns”

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    WV Forced Pooling Lite Not Dead Yet – EQT Wants Special Session

    In early April MDN reported that West Virginia’s effort to pass a law dealing with co-tenancy and joint development–what we called forced pooling lite–had gone up in pot smoke (see WV Force Pooling Lite Goes Down in Flames – Lawmakers Blame Pot). Legislators in the House go bogged down debating pot smoking and didn’t have enough time to finish debate and vote on Senate Bill (SB) 576 (for background on what the bill would do, see Analysis of New WV Bill SB 576 re Co-Tenancy & Joint Development). The West Virginia Oil & Natural Gas Association (WVONGA) pulled out all the stops to support the legislation. They organized a bus-in rally at the Capital where nearly 1,000 people showed up to support the legislation (see WVONGA Delivers ~1,000 at Rally to Support Co-Tenancy, Joint Dev.). We thought for sure it was a fait accompli, because WV’s new Governor, Jim Justice, threw his support behind the bill. But at the last minute, the bill failed–as forced pooling bills have failed five times before. However, we did say this back in early April: “So is it curtains for the sixth time on forced pooling? We’re not ready yet to declare it dead during this legislative tenure. The governor in West Virginia has the power to convene a special session. We saw it happen when Earl Ray Tomblin was governor.” It seems our words were prophetic. EQT, one of the biggest drillers in the state, is pushing hard for Gov. Justice to convene a special session and to pass SB 576. EQT is providing some not-so-subtle pressure by indicating they may reallocate some of their drilling budget elsewhere if WV doesn’t pass the law…
    Read More “WV Forced Pooling Lite Not Dead Yet – EQT Wants Special Session”

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    Fed Court Strikes Major Blow to Obama Clean Power Plan

    An important breakthrough in our long struggle to overthrow the odious and misnamed Obama Clean Power Plan–a plan that assassinates coal and mortally wounds natural gas (see Obama Stabs Natural Gas Electric Plants in Clean Power Plan). On Friday, a federal court granted the Trump administration’s request to suspend a myriad of lawsuits against the CPP. Essentially what the court has done is to push the pause button on the CPP for the next 60 days to allow the Environmental Protection Agency (EPA), the agency that perpetrated the CPP crime on the country, an opportunity to figure out how to repeal it and just be done with it. None other than the mouthpiece of the establishment–the Washington Post–says the court ruling signals “the likely end of President Barack Obama’s signature climate policy.” They’re in mourning over at the Post. Here’s the good news that the CPP is on life support, waiting for Scott Pruitt to pull the plug and finally kill it…
    Read More “Fed Court Strikes Major Blow to Obama Clean Power Plan”

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    OH Law Would Bailout Nuke Plants for $5.4B, Kill NatGas Plants

    In January, MDN highlighted a developing issue in Ohio that potentially impacts Utica/Marcellus shale in the region (see OH Power Cos. Try to Stop Gas-Fired Plants with “Re-Regulation”). Three large utility companies–FirstEnergy, American Electric Power, and Dayton Power and Light–are behind an effort to re-regulate the electric power generation industry in Ohio. The electricity industry is a complicated industry, with some some power producers operating as “regulated” and some operating as “unregulated.” Regulated power producers have their rates, and rate of profit, set by government regulators–which limits but also guarantees profits. Unregulated power producers, on the other hand, do not have the safety net of the government forcing ratepayers to pony up–they operate in the free market, taking all of the risks, and reaping the rewards if those risks prove worthwhile. Many (most?) of the new natural gas-fired electric plants getting built, like those we have focused on in Ohio, are of the unregulated kind. If Ohio rolls back the clock 18 years to re-regulate, it would likely spell the end of billions of dollars of investments in unregulated/shale-powered electric plants. A disaster. The latest tact companies like FirstEnergy are using to force through a rotten piece of legislation is to claim without it, their nuclear power plants will close down. And precious “diversity” of sources to generate electricity is needed. The legislation proposed (Senate Bill 128 and House Bill 178, same language) is actually a $5.4 billion bailout for FirstEnergy. So says Clean Energy Future CEO Bill Siderwicz. Clean Energy is in the middle of investing $4.5 billion in five new shale-fired electric plants in Ohio. That investment and those plants will disappear if this disastrous “bailout FirstEnergy” bill becomes law…
    Read More “OH Law Would Bailout Nuke Plants for $5.4B, Kill NatGas Plants”

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    NJ DEP Temporarily Rejects PennEast Request for Wetland Permits

    The New Jersey Department of Environmental Protection (NJDEP) has temporarily rejected PennEast Pipeline’s Freshwater Wetlands Individual Permit and Water Quality Certificate application, submitted April 6. NJDEP said in their response that PennEast has not provided enough detail about the project–leaving out key pieces of information for two-thirds of the pipeline’s 37-mile trek through NJ. NJDEP says they want the application refiled within 30 days, and if PennEast doesn’t give them what they want within 60 days, the DEP will consider the application “withdrawn.” The news from NJ comes on the heels of the U.S. Army Corps of Engineers also telling PennEast they need more information too. Radicalized antis are rejoicing and their mouthpieces in mainstream media are painting this as a grim development for PennEast–perhaps the death rattle has begun. PennEast, on the other hand, is treating the news as a minor bump in the road–the application has just a “few outstanding items” that PennEast needs to track down and provide to the DEP, and then all will be just fine. We suppose the next 30-60 days will tell the tale…
    Read More “NJ DEP Temporarily Rejects PennEast Request for Wetland Permits”

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    Rover Pipeline Paying $2.3M for Knocking Down Historic OH House

    On Feb. 3, the Federal Energy Regulatory Commission (FERC) gave its final approval to Energy Transfer’s Rover Pipeline project–a $3.7 billion, 711-mile Marcellus/Utica natural gas pipeline that will run from PA, WV and eastern OH through OH into Michigan and eventually into Canada (see ET Rover Pipeline Gets Final Approval by FERC). Normally when FERC approves such a project, they issue a “blanket certificate” that allows the pipeline company to move forward with construction without getting “Mother May I?” permission for every step along the way. But FERC denied ET a blanket certificate for Rover. Why? Because Rover demolished a house that was under consideration for a national registry of historic homes, without first telling FERC (see Rover Pipeline in Hot Water Over Demolishing Historic House in OH). In May 2015, Rover purchased a house in Carroll County, OH, located near where the pipeline, and a compressor station for that pipeline, is due to run. Rover bought the house to use for offices for several Rover affiliate companies. After buying it, Rover determined the house was “ill-suited for its intended purpose” and decided to demolish it. Problem was/is, that house was under consideration to be added to the National Register of Historic Places. The house was not yet on the list of Historic Places, but was on a list of properties under consideration. FERC says Rover should have reported their decision to demolish the house, which has Rover in hot water with FERC and the Advisory Council on Historic Preservation. That’s the last we had heard about the “historic” house–until we spotted an article that makes reference to a deal Rover agreed to, to pay out $2.3 million “to a fund administered by the Ohio History Connection Foundation and the State Historic Preservation Office. A total of $1 million is for preservation work in the 18 counties crossed by the pipeline. The rest of the money will be used for projects across the state.” So Rover didn’t pay a fine. Instead, they paid hush money. A shakedown, with money going to a PRIVATE nonprofit organization…
    Read More “Rover Pipeline Paying $2.3M for Knocking Down Historic OH House”