Regulation

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    EPA Gravy Train Comes to an End – “Researchers” Freak Out

    We’ve always thought the federal Environmental Protection Agency (EPA) was populated with environmental leftist with an agenda–a mission. And that support for the agency by groups, and even by businesses who come under their regulation, was driven by a warped philosophy. However, two recent bits of information now snap the picture into full focus. The reason the EPA is so zealously defended and promoted by those inside and outside the agency isn’t really about protecting humans and protecting the planet. Oh, that has something to do with it. But the primary motivator is (you guessed it), money. Greed. Graft. Payola. This began to come into focus for us when we ran a post yesterday that stated President Trump will “seek significant budget and staff cuts” and when an aide to Trump on the transition team “suggested it was reasonable to expect the president to seek a cut of about $1 billion from the EPA’s roughly $8 billion annual budget.” What does EPA do with all that money? “About half the EPA’s budget passes through to state and local governments for infrastructure projects and environmental cleanup efforts.” But that’s not all. The EPA also funnels money to researchers and even to private businesses in the form of grants. In other words, the EPA has been a gravy train for a good many people, and the train is about to come to a screeching halt…
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    Trump Takes Aim at EPA – Rumored to Cut Half of 15K Employees

    Finally, something is being done about draining the swamp that has been (until now) a rogue, out-of-control federal Environmental Protection Agency. As we previously reported, Trump could not have picked a better person to head the agency than Oklahoma Attorney General Scott Pruitt (see Master Stroke: Trump Selects OK AG Pruitt to Lead EPA). We’ve heard Pruitt speak, in person. He’s the right man for the job. The EPA under Barack Obama regularly exceeded its constitutional boundaries and attempted, on multiple occasions, to regulate the oil and gas industry. We can assure you there will be a whole less regulatin’ goin’ on at the EPA from now on. In addition to Pruitt at the helm, Trump is taking aim at “significant” budget and (most importantly) staff cuts at the agency. According to an AP article running in Time magazine, Trump wants to dump half of EPA’s 15,000 employees. Maybe more. To which we say, hooray! Gutting the EPA is making environmental radicals who have had their way with the agency for the last eight years, apoplectic…
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    PA Senator Makes the Case: PA Air Getting Cleaner Thx to Shale

    Recently a biased editorial ran in the biased Pittsburgh Post-Gazette, taking aim at methane. The editorial, penned by Brian O’Neill, misrepresented the facts about methane in PA, in an attempt to garner support for onerous new regulations put forward by Gov. Wolf’s Dept. of Environmental Protection. State Sen. Guy Reschenthaler, R-Jefferson Hills (representing parts of Allegheny County and Washington County), responded with his own editorial. To their credit, the Post-Gazette published it. Reschenthaler said the air is actually getting cleaner in PA, not dirtier, thanks to Marcellus Shale gas. And the new regulations being pedaled by Wolf will not make things better environmentally. The only thing the new regs will do is kill jobs…
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    FERC Acting Chair Cheryl LaFleur Tries to Reassure Pipeline Cos.

    As we reported yesterday, Federal Energy Regulatory Commission (FERC) chairman Norman Bay has his knickers in a twist over getting a demotion by President Trump, who has named another sitting FERC Commissioner, Cheryl LaFleur, to become the chairwoman of FERC (see FERC Commissioner Resigns Threatening Major M-U Pipeline Projects). Bay is leaving in a huff this Friday. His resignation means there will only be two (out of five) Commissioners left until Trump names three new ones. Since FERC Commissioners must be approved by the Senate and since Democrats in the Senate are obstructing Trump’s nominations (sore losers), getting new appointments anytime soon is not in the cards. In the meantime, after this Friday there will not be a quorum–not enough people to vote on important projects like the NEXUS Pipeline and Atlantic Sunrise Pipeline. The oil and gas industry–and employees at FERC–are “unsettled” to say the least. In an effort to calm the storm, Ms. LaFleur was interviewed on FERC’s own Open Access podcast series (transcript below). What did she say? Even with the quorum, important work at the agency will continue–things like hydropower inspections, safety reviews of natgas facilities, audits and other activities. You don’t need Commissioners for that. LaFleur said the three Commissioners are working flat out this week to get as much done as they can before old Norm goes home, taking his marbles with him (our words, not hers). LaFleur is also working, presumably with FERC’s lawyers, on the “potential expansion” of what staffers can and can’t do–expanding their role during the period when there is not a quorum. Apparently there is precedence for doing so. Here’s what she said on the podcast…
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    Why President Trump’s OK of Keystone & DAPL is Good for M-U

    Last week President Trump issued a pair of executive orders meant to speed up approval for the Keystone XL and Dakota Access Pipeline projects (see Trump Signs Executives Orders to Restart DAPL, Keystone XL Pipes). We reported that one union in New York State thought such a move may actually help get the Constitution Pipeline project unstuck in the Empire State (see Union Thinks Trump Will be Good for Constitution Pipeline). We kind of chalked up the union’s statements to wishful thinking. But what’s this? A stock market analyst writing on The Street says Trump’s Executive Orders and statements about infrastructure may help a number of Marcellus/Utica projects including the Rover pipeline (Energy Transfer), Northern Access Pipeline (National Fuel Gas), Atlantic Sunrise (Williams), and yes, even the stalled Constitution Pipeline (Williams)…
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    Exclusive: MSC’s Dave Spigelmyer Goes On the Record with MDN

    Dave Spigelmyer

    Last Friday MDN editor Jim Willis had the pleasure of speaking (via phone) with the president of the Marcellus Shale Coalition, David Spigelmyer. Some 300 companies make up the membership of the organization–including all of the top exploration & production (E&P) companies and midstream (pipeline) companies operating in our region. Dave himself used to work for Chesapeake Energy once upon a time. He is a Pennsylvania boy, born and bred, and knows the industry inside and out. Dave made time to speak with MDN about a wide range of issues. We should note nothing was “off limits”–Jim asked some tough questions. Below is a transcript of that interview. We tackle topics including the Marcellus industry outlook for 2017, the commodity price of natural gas in our region vs. other locations, the proposed severance tax in PA, various pipeline projects, the Shell cracker, MSC’s lawsuit against DEP Chapter 78a regulations, and the “civil war” between drillers and landowners over the royalty issue. It’s all in there…
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    FERC Commissioner Resigns Threatening Major M-U Pipeline Projects

    FERC Chairman Norman Bay

    Last Thursday, Norman Bay, one of three Federal Energy Regulatory (FERC) Commissioners, announced he would resign effective Feb. 3–this Friday. His unexpected resignation directly threatens a number of critical pipeline projects in the Marcellus/Utica. It appears to us to be a revenge resignation–an attempt to screw the Trump Administration. Bay is a Democrat. In fact, all three sitting FERC Commissioners are Democrats. FERC is supposed to have five Commissioners–but there have been two empty slots since last September when Republican Tony Clark left. Last week President Donald Trump announced he would elevate sitting Commissioner Cheryl LaFleur to become Chairman of the Commission, replacing Bay in that role. It should be noted LaFleur has been on the Commission since 2010 and has been, at various times, Acting Chairman and full Chairman. In fact, Norm Bay was elevated by Obama to become Chairman, replacing LaFleur in that role. Did LaFluer leave in a huff? No. She stayed to do the important work of the Commission. Now that the roles are reversed, Bay seems to be bent on revenge against Trump–placing important pipeline projects in danger of not getting timely approvals. It takes three members to have a quorum, to approve projects. Some (including THE Delaware Riverkeeper) are pushing for a block on new appointments to FERC–meaning FERC’s work stops cold. Three critically urgent M-U projects have asked FERC to approve their projects THIS WEEK, before Bay leaves: NEXUS (Spectra Energy), Leach XPress (Columbia Pipeline/TransCanada), and Atlantic Sunrise (Williams)…
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    Hope: Atlantic Coast Pipe on Trump List of High Priority Projects

    Can you smell it? We sure can. It’s called hope. Not even a full week in the new Trump Administration, hope can be found everywhere. Liberal Democrats still aren’t sure what hit them. Let us help. It’s competence. It’s someone who gives a damn about the average American. It’s someone who believes the country, as it was founded, is the best country in the world. Donald J. Trump. He’s blown into Washington, DC like a hurricane and things are changing so fast most of us can’t keep up. Case in point: On Tuesday, Trump’s second full day on the job (last Friday and the weekend don’t count), Trump signed an Executive Order “Expediting Environmental Reviews and Approvals For High Priority Infrastructure Projects.” What are ‘high priority infrastructure projects’? A document has leaked, originally compiled by Trump’s transition team, of 50 ‘Emergency & National Security Projects’ that are infrastructure projects–projects the Trump Administration believes should be worked on immediately. Project #20 in the list is Dominion’s Atlantic Coast Pipeline (ACP), a $5 billion, 594-mile natural gas pipeline that will stretch from West Virginia through Virginia and into North Carolina. Number 20! How cool is that? No, this doesn’t mean Trump can simply order it approved like some sovereign or tinpot dictator. Our rules and laws must be followed. What it does mean is that the Federal Energy Regulatory Commission (FERC) will now receive enormous pressure to quit dragging its feet and to “fast track” the review for ACP. It means hope on now on the horizon…
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    PA Town Grapples with Setbacks – from Bore Hole or Edge of Pad?

    The issue of “setbacks” has always been a contentious issue when it comes to oil and gas drilling. A setback is the distance from a well to nearby structures–like water wells, homes, schools, whatever. In Pennsylvania the state law requires a minimum of 500 feet between a well and nearby structures. But here’s the thing: Do you measure the distance (as drillers maintain) from the bore hole drilled into the ground? Or from the edge of the well pad? A pad is typically 3-5 acres, and if you measure from the edge of the pad, the “actual” distance from the well to a nearby structure may be 1,000 feet instead of 500 feet. Some argue that measuring from the edge of the pad makes more sense–to protect nearby residents from noise, lights, air emissions, etc. But drillers in some locations are hamstrung, especially if the the location where they drill is on a slope or other tough terrain. Measuring from the edge of the pad may mean not drilling at all. It is that very issue now being debated in Murrysville, in Westmoreland County, PA (near Pittsburgh). It is a wisdom of Solomon kind of issue…
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    Waters of U.S. Case on Hold Until U.S. Supreme Court Weighs In

    In May 2015 Obama’s rogue Environmental Protection Agency (EPA) along with the Obama U.S. Army Corps of Engineers (USACE) released a finalized rule clarifying what “Waters of the United States” (WOTUS) means vis a vis what can be regulated under the federal Clean Water Act (see EPA Power Grab: Redefines Waters of the U.S. to Include Everything). Essentially the rule change redefines everything down to muddle puddles (we’re not exaggerating) as subject to the federal Clean Water Act. In October 2015 a federal judge stopped WOTUS from going into effect, while it’s litigated (see Sixth Circuit Court Stops EPA from Implementing WOTUS Anywhere). It took a year, but in November 31 states along with other entities filed briefs with the 6th U.S. Circuit Court of Appeals opposing the rule (see 31 States Ask Court to Dump Obama WOTUS Rule as Unconstitutional). Right after that, 21 U.S. Senators and 67 House of Representatives members (Congresspersons) filed a “friend of the court” (amicus) brief urging the court to vacate the EPA’s WOTUS rule (see 21 Senators, 67 Representatives Join Case Against EPA WOTUS Rule). However, the 6th Circuit Court hearing the case has temporarily stopped the case, until the U.S. Supreme Court decides if the 6th Circuit has the right to be the court hearing the case…
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    FERC Approves Atlantic Bridge Project for New England/Canada

    Although antis have tried to block major pipeline upgrades in the northeast/New England region, Spectra Energy continues to have success with building and completing its projects. Recently Spectra’s Algonquin Incremental Market (AIM) project, which built ~37 miles of new pipeline and half a dozen new compressor stations along the Alogonquin Gas Transmission pipeline, went into service (see New England Gets Small Increase in NatGas Pipeline Capacity). AIM is now delivering an extra 342 million cubic feet per day (MMcf/d) of Marcellus/Utica natural gas to New England. AIM is part of a larger plan from Spectra called the Access Northeast project to combine several pipeline systems to send gas into New England and all the way to Nova Scotia, Canada. Access Northeast has been frustrated by regulators in New England (see Spectra Energy Puts Access Northeast Pipe to New England on Hold). However, another important piece of the larger puzzle has now fallen into place. The Federal Energy Regulatory Commission (FERC) has just approved another piece of Access Northeast, called Atlantic Bridge. FERC previously granted the project a favorable Environmental Assessment last May (see Critical Project for Canadian LNG Exports Gets Favorable FERC Review). With certificates in hand, Spectra Energy can now start the bulldozers and begin construction. What does Atlantic Bridge entail? It beefs up capacity along the Algonquin and Spectra’s Maritimes & Northeast pipeline to carry more Marcellus/Utica gas into New England and now all the way to Nova Scotia…
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    FERC Delay Pushes Back NFG’s Northern Access Pipeline Project

    National Fuel Gas Company (NFG), the Buffalo-based utility giant with both a drilling subsidiary (Seneca Resources) and a midstream/pipeline subsidiary (Empire Pipeline) filed an application with the Federal Energy Regulatory Commission (FERC) in March 2015 for a pipeline project they call Northern Access 2016 (later renamed to simply Northern Access Project, dropping the “2016” part). The $455 million project includes building 97 miles of new pipeline along a power line corridor from northwestern Pennsylvania up to Erie County, NY. The project also calls for 3 miles of new pipeline further up, in Niagara County, along with a new compressor station in the Town of Pendleton (see NFG’s Marcellus Pipeline from NWPA to NY Hits Resistence). In July 2016, FERC issued a favorable Environmental Assessment, paving the path for full approval (see NFG’s Northern Access Pipeline Gets Favorable FERC Review). NFG had hoped to have the project done and in-service by November of this year. However, due to foot-dragging by FERC, NFG has just announced a revision. They now say the project can’t get completed until “the second quarter of the Company’s 2018 fiscal year.” NFG doesn’t operate on a calendar year for reporting, they’re a quarter ahead. So the Company’s 2Q18 means 1Q18 for everyone else. Translation: NFG hopes to have it built and in-service by March 2018. In addition to the “bad news” of the delay, NFG sprinkled in some good news about production in 4Q16: due to an increase in Marcellus production, NFG’s calendar 4Q16 production (for subsidiary Seneca Resources) was up 16% over the same period in 2015…
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    PA Royalty Bills Approved by Senate Panel, Sponsor Chides House

    Yesterday a Pennsylvania State Senate panel met to discuss two bills that would help landowners in their quest for more visibility into how royalties are calculated–and what kinds of expenses are deducted (see 2 Royalty Bills Focus of PA Senate Hearing Today). As we said yesterday, Senate Bill (SB) 138 will allow landowners the right to review drilling company records to verify proper royalty payment. It also requires drillers to pay royalties within 90 days of production. SB 139 prohibits drillers from “retaliating” against a landowner who questions royalty payments by canceling the lease or stopping drilling activity. Both bills were unanimously approved by the Senate panel and will go to the full Senate for a vote. However, as the bill’s prime sponsor Sen. Gene Yaw indicated, the Senate is not the problem. Last session the same thing happened–speedy passage by the Senate. Then the bills got bogged down in the PA House because they were attached to another bill that guarantees a minimum royalty of 12.5% regardless of post-production costs. That bill has proven toxic–vigorously opposed by the drilling industry. Sen. Yaw’s not-so-subtle message to the House: Don’t repeat the same mistake this year. Let these bills stand on their own…
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    Large Crowd Turns Out For/Against 22-Mile Pipeline in NJ Scrub Pines

    On Monday the New Jersey Pinelands Commission, which oversees a stand of scrub pines in South Jersey, held a public hearing to listen to comments on a plan to build a 22-mile pipeline through the scrub pines, burying it alongside the road so as to not disturb any spindly trees. The pipeline will supply clean-burning natural gas to a power plant currently fed by coal, cleaning up the air and lowering CO2 emissions. But dunderheads in the area are still opposed–largely incited by radical environmental groups like the NJ Sierra Club and the odious Food & Water Watch, who spread lies about the project. So many people turned up for the meeting, it maxed out the meeting room of 260 and some had to wait outside in the rain (which didn’t sit well with the pampered snowflakes). Predictably many who showed up wanted to go on record as opposed to the project. Isn’t that always the case? It’s easy to motivate people to attend a meeting when they’re against something–much harder to attract people who support something. At any rate, the surprising thing about yesterday’s meeting were the many people who turned out to support the pipeline. Also predictable, at least one anti (from the odious Food & Water Watch) couldn’t contain herself and had to be ejected for disrupting the meeting…
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    Trump Signs Executives Orders to Restart DAPL, Keystone XL Pipes

    President Trump is wasting no time in correcting the mistakes of the Obama Administration. Yesterday Trump signed a pair of Executive Orders meant to restart and advance the XL Keystone Pipeline and the Dakota Access Pipeline projects. The orders include a requirement that the pipes manufactured for the projects be manufactured right here at home, in the U.S. The orders in no way require the projects to get completed, they are simply meant to help clear regulatory hurdles so the projects’ builders can get moving again. Predictably the action is making radical fossil fuel haters apoplectic…
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    FERC Delays PennEast Pipe 3rd Time, PennEast Spins as ‘Good News’

    PennEast Pipeline is a very important $1 billion, 118-mile, primarily 36-inch pipeline that will get built from Dallas (Luzerne County), PA to Transco’s pipeline interconnection near Pennington (Mercer County), NJ. It will feed local utilities and power generation plants along its route. In April 2016 the Federal Energy Regulatory Commission (FERC), which oversees permitting for the pipeline, told PennEast the agency would extend the amount of time they are taking until December 2016, rather than the original target of August, to complete their environmental review (see PennEast Spins FERC Delay as a Good Thing – Optimism or Denial?). It was (for us) a small red flag. Hey, it happens. Projects get delayed because regulatory agencies get bogged down. But then it happened again: FERC told PennEast they would once again move the goal posts and delay the final environmental review from December 2016 to February 2017 (see FERC Delays PennEast Pipeline Final Review – Again). Hmmm. Bigger red flag. Now FERC is doing it for a third time, which is a huge red flag in our book. FERC issued a statement on Friday to say the final environmental review now won’t happen until April. What’s going on? And why is PennEast once again spinning this as some sort of “good news”?…
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