Regulation

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    US Forest Serv OKs Atlantic Coast Pipe Crossing Appalachian Trail

    Last Thursday was the last day for people, agencies, nutjobs, supporters–for anyone–to file an official comment with the Federal Energy Regulatory Commission (FERC) on the agency’s draft environmental impact statement for the Atlantic Coast Pipeline project. Dominion has proposed building the $5 billion Atlantic Coast Pipeline (ACP) project from West Virginia through Virginia and into North Carolina. One of the problems they’ve had is resistance from U.S. government agencies, including the U.S. Forest Service. In January 2016, the USFS told Dominion it was a no-go for running the pipeline through tiny pieces of either the Monongahela or George Washington national forests in West Virginia and Virginia (see US Forest Service Blocks Atlantic Coast Pipeline in National Forests). So we found it interesting that USFS, in filing a comment last Tuesday about the project, endorsed Atlantic Coast’s plan to drill underneath the famed Appalachian National Scenic Trail and the Blue Ridge Parkway. The pipeline will drill horizontally underneath both. While it’s good news that the USFS is not blocking the pipeline, the lifers still dug in at the EPA continue to pressure FERC to not release the final EIS, to do “further analysis”–which is code for delay the project until they can figure out a way to kill it. Here’s the good news from the USFS…
    Read More “US Forest Serv OKs Atlantic Coast Pipe Crossing Appalachian Trail”

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    NFG Calls Cuomo DEC Denial of Northern Access Pipe “Troubling”

    Yesterday we brought you the sad (and angering) news that once again Gov. Andrew Cuomo has caved to political pressure from environmental Nazis and instructed the now-corrupted Dept. of Environmental Conservation (DEC) to deny stream crossing permits for National Fuel Gas Company’s Northern Access Pipeline project (see Cuomo’s Corrupt NY DEC Blocks NFG Northern Access Pipeline Permit). NFG issued a statement yesterday. They pointed out the following: NFG’s pipeline project would have FAR LESS impact on the environment “than either exploding an entire bridge structure and dropping it into Cattaraugus Creek (Route 219) or developing and continuously operating a massive construction zone in the middle of the Hudson River (Tappan Zee Bridge) for a minimum of five years.” Both of those projects were reviewed and approved by Cuomo’s DEC. NFG points out the utter and complete hypocrisy in the DEC decision. The DEC held talks with NFG about the project for 34 months without proffering major objections. And at the eleventh hour, they pulled this stunt. Without saying so overtly, the NFG statement says Cuomo yanked on the DEC’s chain to make a political decision. While there is no mention of a lawsuit against the DEC, you can bet your bottom dollar such a suit is coming…
    Read More “NFG Calls Cuomo DEC Denial of Northern Access Pipe “Troubling””

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    FERC Issues Favorable Final EIS for PennEast Pipeline Project

    On Friday the Federal Energy Regulatory Commission (FERC) finally, after delaying a decision three times adding an extra eight months, issued a final Environmental Impact Statement (EIS) for the PennEast Pipeline project. We should add, it was a favorable EIS. While FERC found (as they always do) that there would be “some adverse environmental impacts” from the project, those impacts “would be reduced to less than significant levels” with PennEast’s proposed construction plans. This is a major milestone and all but assures the project will now go forward and will be built and go into service sometime in 2018. What potential roadblocks remain? For one, PennEast will need water crossing permits from New Jersey, which they filed for last week (see PennEast Files for Water Crossing Permits in NJ – Antis All Atwitter). Although there are a number of kook antis in NJ opposed to the project, Gov. Chris Christie is still in charge and the state Department of Environmental Protection is an executive branch agency. That is, they’ll approve the project. The only remaining wildcard is the recalcitrant Delaware River Basin Commission. The DRBC has proven itself to be politically motivated (leaning far left) and no friend of the oil and gas industry. Could the DRBC stop PennEast? Doubt it, but they might be able to slow it down. Below we have the good news about FERC’s approval, a copy of that approval (485 pages!), and some of the predictable anti-drilling claptrap responding to the approval…
    Read More “FERC Issues Favorable Final EIS for PennEast Pipeline Project”

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    Cuomo’s Corrupt NY DEC Blocks NFG Northern Access Pipeline Permit

    On Feb. 3, the Federal Energy Regulatory Commission (FERC) approved a long-delayed project–National Fuel Gas Company’s (NFG) Northern Access 2016 pipeline project (see NFG’s Northern Access Pipe in NY/PA Gets FERC Approval). 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. Although FERC has now given permission to build it, the State of New York, specifically the state’s Dept. of Environmental Conservation (DEC), must issue stream crossing permits. We’ve seen this movie before. The corrupt DEC fiddle faddles around in an effort to stall and delay. NFG is in no mood to screw around with the Cuomo DEC, so they filed a motion asking FERC for a “reconsideration and clarification” on the role of the DEC in reviewing the project (see Gutsy: NFG Asks FERC to Cut NY DEC Out of Pipeline Approval). Specifically, NFG wants FERC to rule that the DEC has NO role in reviewing the Northern Access 2016 project. The corrupt DEC doesn’t like being challenged and in March filed its own motion with FERC claiming NFG is out of line (see NY Fights Back Against NFG’s Request to Bypass DEC Pipe Approval). Now we know why they care so much. On Friday, just like they did with the Constitution Pipeline, the CORRUPT CUOMO DEC denied stream crossing permits for the Northern Access Pipeline project…
    Read More “Cuomo’s Corrupt NY DEC Blocks NFG Northern Access Pipeline Permit”

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    WV Severance Tax Higher than Projected – But Maybe Not for Long

    There’s some good news and, depending on your perspective, bad news when it comes to severance tax collections from natural gas (and coal) in West Virginia. According to West Virginia Department of Revenue in a report released last week, severance tax collections on oil, gas and coal in the Mountain State exceeded revenue projections by $13 million for the first nine months of the current 2017 fiscal year. The surplus reverses the trend from the previous year when WV lost severance tax money due to the drop in the price of oil and gas. Severance tax revenue, as we’ve pointed out before, floats up and down with the commodity price of oil and gas, unlike impact fee revenues which are much less tied to commodity prices (and one reason why PA drilling flourishes). So WV is seeing higher severance tax revenue–that’s the good news. The “bad” news is that Gov. Jim Justice and the WV Senate plan to cut the severance tax–putting the state back in the position of doing more with less…
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    Interior Sec. Zinke Fumbles the Bumble – Endangered Listing for Bee

    As MDN has previously chronicled, on September 22, 2016 the rogue U.S. Fish and Wildlife Service (USFWS) published a proposed rule to list the rusty patched bumble bee (Bombus affinis) as “endangered” under the Endangered Species Act (ESA). The rusty patched bumble bee is found in the Midwest and eastern parts of the U.S. If it gets listed, it will have SIGNIFICANT impacts on drillers and midstreamers (see “Endangered” Bumble Bee May Slow/Stop O&G Projects in Northeast). With just a few days left in Obama’s reign of terror, the Obama-influenced USFWS pulled the trigger and listed it (see USFWS Pulls the Trigger and Lists Bumble Bee as Endangered). But then a white knight rode in to town to (temporarily) save the day. The Trump Administration signed an order delaying the listing until March 21 (see Trump Administration Delays Listing Bumble Bee as Endangered). With the clock ticking, the oil and gas industry, along with farmers and others negatively affected by the listing, asked newly-minted Interior Secretary Ryan Zinke to delay the listing until next year, to give everyone time to figure how they’re going to comply with this newest inanity from USFWS. There is no clear-cut guidance on avoiding the bee’s nesting areas and habitat–a huge loophole through which drilling’s enemies will drive a Mack truck (powered by cooking oil, of course). But then Zinke fumbled and dropped the ball. The listing has gone forward and is now in force. Was this because Zinke was new on the job and still surrounded by Obamadroids? Was it because Zinke has one foot in the Washington Establishment? Who knows?! One thing is for sure, the lowly bumblebee may accomplish what bats and lawsuits could not–slowing down and stopping drilling and pipeline work in the northeast…
    Read More “Interior Sec. Zinke Fumbles the Bumble – Endangered Listing for Bee”

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    Virginia DEQ Plans to Give 2 Pipeline Projects Detailed Exam

    The Virginia Department of Environmental Quality (DEQ) announced yesterday that it would require water quality certifications under Section 401 of the federal Clean Water Act for each segment of both the Atlantic Coast Pipeline project (Dominion) and the Mountain Valley Pipeline project (EQT & NextEra Energy). Apparently the DEQ considered using the U.S. Army Corps of Engineers Nationwide Permit 12 process–a less rigorous review (saves about half a forest of trees in paper). But in the end, the DEQ said they were caving to political pressure from anti groups (our words), and instead put Atlantic Coast and Mountain Valley on notice to get ready for a detailed exam. It will be painful. However, it’s not anything either company isn’t already used to/hasn’t done before. We wouldn’t say “it’s no big deal,” but neither is this a show stopper. The more relevant question: Is the DEQ ready to review the blizzard of paperwork that will come at them, IN A TIMELY MANNER? The real question is whether or not the DEQ is equipped to conduct the extensive review they’ve now demanded, and what happens if they can’t?…
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    PennEast Files for Water Crossing Permits in NJ – Antis All Atwitter

    Today is, hopefully, a joyous day for the PennEast Pipeline. Today is the day that the Federal Energy Regulatory Commission (FERC) is supposed to, after three delays, issue the project a final Environmental Impact Statement. If/when that final EIS is issued, the only step remaining, from the federal perspective, is a certification of the project. Typically a favorable final EIS is the big step, and the certification then is perfunctory–a given. We have to confess we are on pins and needles because the project has now been delayed three times, a red flag in our book (see FERC Delays PennEast Pipe 3rd Time, PennEast Spins as ‘Good News’). However, anticipating a favorable final EIS, PennEast applied with the New Jersey Department of Environmental Protection (DEP) for a Freshwater Wetlands Impact Permit. For some reason, the act of filing for that permit before receiving the final FERC EIA has anti-fossil fuelers in an outrage. They claim PennEast has jumped the gun, that they are behaving like the project is “inevitable” (which it is, by the way). Arrogant. And how dare these evil, filthy, fossil fuel-polluting companies DARE do something they (anti-fossil fuel nutters) don’t want them to do? That’s the “moral” outrage we’re seeing in New Jersey’s far-left “media” reporting on it. For us, it’s a routine application for a permit. For them, it’s the end of their contrived, perfect, snowflake world…
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    Time to Chop 23% of Dead Weight at EPA – “Shock” and “Dread”

    The ax is about to swing at the federal Environmental Protection Agency (EPA). While we don’t wish ill on anyone, and especially we don’t like to see people out of a job, this is one time when it’s necessary and LONG overdue. The EPA is populated with many career employees who lean far to the left–and it’s about time they were gone. An internal EPA memo has turned up (full copy below) that outlines plans to downside the agency from 15,000 employees to around 11,500–about a 23% reduction. The bold move has many career Democrats at the agency in “shock” and in “dread” over the prospect of losing their jobs. But in typical fashion, these Dems are not just going to wilt away. Their union plans to fight to keep the jobs and to keep the leftist Obama environmental agenda alive in the Trump Administration. Good luck with that. Remember what happened to the air traffic controllers’ union in the Reagan Administration?…
    Read More “Time to Chop 23% of Dead Weight at EPA – “Shock” and “Dread””

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    Maryland Gov. Hogan Pulls the Trigger, Commits Fracking Suicide

    Metaphorically speaking–Maryland Gov. Larry Hogan’s finger was on the trigger of a loaded pistol, pointed at the head of the once-great State of Maryland. And now, Hogan pulled the trigger, assassinating any hope of new jobs, new wealth for some of the state’s poorest people (farmers and landowners in western Maryland), and new tax revenue for local communities. BANG. Done. Killed. Death. Thanks Larry, you da man. We previously reported that the Maryland House had loaded the chamber, and then the Senate had cocked the gun and put it in Hogan’s hand (see Gun Loaded & Cocked, Maryland About to Commit Fracking Suicide). On Tuesday, Hogan pulled the trigger. In the midst of the ebullient reporting on Maryland’s action by so-called mainstream media, we continue to ask the question, who got a payoff here (see Antis Deliriously Happy with Maryland Frack Ban, Who Paid Who?). Is anybody investigating Hogan to see if his bank account just got really fat? Or if Hogan was promised something in return for his sell-out of fracking (he ran for governor as a supporter of fracking). We sincerely wonder where the payoff is, because if you dig deep enough, it will be there…
    Read More “Maryland Gov. Hogan Pulls the Trigger, Commits Fracking Suicide”

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    FERC Delays Final EIS for Mountain Valley Pipeline by 3 Months

    The Mountain Valley Pipeline (MVP) is a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA. The project, which filed an official application with the Federal Energy Regulatory Commission in October 2015, is being built by EQT, NextEra Energy and several other partners. The project has faced stiff opposition from landowners in both West Virginia and Virginia. Although the project is not yet fully approved by the Federal Energy Regulatory Commission (FERC), the project did get a favorable Draft Environmental Impact Statement from FERC last September (see FERC Gives WV to VA Mountain Valley Pipeline Provisional Thumbs Up). MVP had wanted a final Environmental Impact Statement by March 10th, but that didn’t happen. They’re still waiting, and now will wait until the end of June before they get their final EIS from FERC…
    Read More “FERC Delays Final EIS for Mountain Valley Pipeline by 3 Months”

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    FERC Favorable EA for Millennium Pipeline Eastern System Upgrade

    The Millennium Pipeline stretches ~244 miles from Independence in Steuben County, NY to Buena Vista in Rockland County, NY. The Millennium, which is supplied by local production and storage fields and interconnecting upstream pipelines, serves customers along its route in New York’s Southern Tier region and helps meet the energy needs of northeast markets. In August 2016, the Millennium filed an application for what it calls its Eastern System Upgrade (see Millennium Pipe Asks FERC to Approve Eastern System Upgrade in NY). The ESU would add 7.8 miles of extra looped pipeline in Orange County, upgrade a compressor station in Delaware County, build a new compressor in Sullivan County and make some minor tweaks to metering stations in Rockland County. The ESU will pump another $275 million into the New York economy with the end result of increasing the flow of natural gas for New York and beyond by fall 2018. Despite the best efforts by THE Delaware Riverkeeper to stop this (and all other) pipeline projects, the Federal Energy Regulatory Commission issued a favorable environmental assessment (EA) on Friday for the project (full copy below). A favorable EA indicates the project is on track for a final approval this year. The projected in-service date is fall 2018…
    Read More “FERC Favorable EA for Millennium Pipeline Eastern System Upgrade”

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    New Bill Would Goose PA DEP to Approve Drilling Permits Faster

    Pennsylvania State Rep. Jason Ortitay, Republican who represents of Washington and Allegheny counties in southwestern PA, last week introduced PA House Bill (HB) 1003 which would require the PA Dept. of Environmental Protection (DEP) to compile, organize and list all permits related to oil and gas drilling in two places: in one location in the Pennsylvania Bulletin, and on the DEP website. At first blush this seemed a bit odd to us. In the past MDN published a research report called the Marcellus and Utica Shale Databook. In producing that work, MDN editor Jim Willis would regularly (3x per year) access DEP permit data–which is available from the DEP website. Granted, the information is not the easiest to find, and when you locate it, you must download it and suck it into a database to get any meaningful value out of it. However, on a basic level, permit data IS available to the public from the DEP website–right now. We read a copy of the proposed bill (see it below). MDN’s takeaway after reading the bill: This bill has more to do with “encouraging” the DEP to speed up permit approvals than it does with making information publicly available…
    Read More “New Bill Would Goose PA DEP to Approve Drilling Permits Faster”

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    FERC Grants Atlantic Bridge Pipe OK to Begin CT Construction

    In January the Federal Energy Regulatory Commission (FERC) gave its final stamp of approval for Spectra Energy’s Atlantic Bridge project (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 has “approved” Atlantic Bridge, Spectra Energy must still ask for “Mother May I?” permission to begin construction on specific, individual portions of the project. “Mother FERC, may I begin the bulldozers in Danbury, CT at the Danbury meter station?” And, “Mother FERC, may I begin construction at the Mill Plain Road Contractor Yard?” You get the picture. Spectra asked permission to begin construction at a variety of projects in Connecticut on March 14th (see Anti-Pipeline Jihadists Pressure FERC re Atlantic Bridge Project). Earlier this week FERC granted Spectra Energy permission to begin construction on all of their requests from the 14th…
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    FERC Grants Dalton Expansion Permission to Begin Flowing Gas

    In March 2015, Williams announced that its Transco pipeline subsidiary had filed an application with the Federal Energy Regulatory Commission (FERC) for its Dalton Expansion Project, which will expand the Transco and flow more Marcellus Shale gas from New Jersey all the way to Mississippi, primarily for electric generation plants, but also for local natural gas distribution by utilities (see Williams Files with FERC to Expand Transco Pipeline from NJ to MS). Most of the Dalton project will be built in, and benefit, the State of Georgia, by delivering natural gas to an existing electric generating facility in northern Georgia operated by Oglethorpe Power Corp., delivering gas for local distribution company Atlanta Gas Light, and delivering gas for the City of Cartersville. Transco has customers signed up under binding contracts for 100% of the Dalton Expansion Project, which will increase Transco’s capacity by 448,000 dekatherms per day of natural gas. FERC approved the Dalton Project last summer (see Marcellus/Utica Gas Heading to Georgia via FERC-Approved Pipeline). In February of this year, antis tried to use a creative new way to stop construction. They noticed that some of the pipe being used came from Greece, so they’re asking FERC to stop the project because it doesn’t use American-made pipeline (see Antis Ask FERC to Block Dalton Expansion Project, Using Greek Pipe). Nice try, but no cigar. Construction is now done and this past week the extra gas began flowing through the now-completed project. On Tuesday, FERC OK’d up to an extra 208,000 dekatherms (equivalent of 208 million cubic feet) of natgas to begin flowing. On Wednesday, FERC authorized the rest, another 240,000 dekatherms. The full 448,000 dekatherms of extra Marcellus/Utica fracked gas now flows south, all the way to Mississippi…
    Read More “FERC Grants Dalton Expansion Permission to Begin Flowing Gas”

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    DOE Nixes Use of “Climate Change” Phrase, Enviros Throw Tantrum

    We found this story kind of funny. Apparently the word has gone out at the Trump Dept. of Energy that staffers, when preparing reports for the public, should avoid using the phrase “climate change.” Which is an asinine phrase, let’s admit it. By definition the climate changes. It changes every day and has since there’s been a climate. Anti fossil fuel zealots have tried to co-opt the phrase to mean “man-made global warming.” Because Mom Earth isn’t actually warming, it’s kind of hard to keep calling it “global warming.” So they invented the euphemism “climate change” instead. Team Trump has had enough of that kind of verbal dissembling. No more. Say what you mean and mean what you say. And so the egghead prima donnas who think they’re SO much smarter than everyone else are in full, fake outrage mode. They’re making fun of the adults in the room who have told them to straighten up and quit acting like petulant children…
    Read More “DOE Nixes Use of “Climate Change” Phrase, Enviros Throw Tantrum”