Regulation

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    Obama Blocks Dakota Pipeline Outright, “Abandoned Rule of Law”

    anarchyIn one final, breathtaking rejection of the rule of law and poke in the eye of those who support fossil fuels, the U.S. Army Corps of Engineers, doing Lord Obama’s bidding, has rejected granting Energy Transfer (ET) an easement to complete the final leg of the Dakota Access Pipeline that crosses federal land. The out-of-state/paid protesters who have assembled at Standing Rock, ND were orgasmic with delight. Their euphoria, however, will be short-lived as ET expects the incoming Trump Administration to quickly reverse the policy and grant permission to complete the pipeline along its original route. Although this conflict is happening far outside the Marcellus/Utica, it is important for us nonetheless as this group of paid, out-of-state protesters, backed by Big Green money (using money from California billionaire and nut Tom Steyer, among others), has promised to leverage a win against the Keystone XL Pipeline and now the Dakota Access Pipeline by coming to the Marcellus/Utica in an attempt to defeat important pipeline projects in our region. Here’s the latest in the dust-up over the Dakota Access Pipeline…
    Read More “Obama Blocks Dakota Pipeline Outright, “Abandoned Rule of Law””

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    Gov Kasich Appointment to PUCO Steps Down After Senate Rejection

    howard-petricoff
    Howard Petricoff

    In June of this year, Ohio Gov. John Kasich (a Republican) appointed veteran energy industry lawyer Howard Petricoff (a Democrat) to the Public Utility Commission of Ohio (PUCO). Petricoff was the retired head of the energy practice at Vorys, the largest law firm in Columbus, OH. He is the only Democrat of the 5-member PUCO, a move heralded as “bi-partisan.” However, it didn’t take long for OH Senate Republicans to pitch some stones Petricoff’s way, questioning whether he could truly be effective given “conflicts of interest” in representing certain clients in the past with cases that are before the Commission, and also alleging “past activism.” We’re not sure exactly what kind of activism was alleged, but last Thursday the Republicans on the Senate Public Utilities Committee passed a resolution recommending the full Senate reject Petricoff. Without their support, his permanent appointment is dead. So Petricoff resigned and is now gone…
    Read More “Gov Kasich Appointment to PUCO Steps Down After Senate Rejection”

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    Panda’s Marcellus Gas Power Plants Fined for Using Too Much Water

    Panda Power FundsOver the past two months Panda Power Funds has brought online the first two built-from-scratch-to-use-Marcellus-gas electric plants, both in northeast Pennsylvania (see First NatGas Power Plant in Marcellus, Panda Liberty, Goes Online and Panda’s 2nd Marcellus-Powered Electric Plant Goes Online in PA). Before Panda owned and built the “Liberty” and “Patriot” power plant projects, they were first owned and begun by Moxie Energy. Moxie secured all of the necessary permits and then sold the two projects to Panda (see Moxie Liberty Sells PA Electric Plant Project to Panda Power and Panda Power Buys Rights for 2nd Marcellus-Fueled Electric Plant). Panda is also building a third power gen project by converting a former coal-fired plant into burning Marcellus gas (see Panda Power Building 3rd Marcellus-Fired Electric Plant in PA). Word has come out that when Panda was building the two Moxie-purchased plants, Liberty and Patriot, they used more water than the original plan called for. Panda says Moxie’s original plan didn’t allow for enough water needed to properly test the plants. The Susquehanna River Basin Commission (SRBC) has been in talks with Panda about all three of their projects and the water overages for each. News reports say that Panda has worked out a deal with the SRBC to pay the agency a $97,000 fine for using too much water…
    Read More “Panda’s Marcellus Gas Power Plants Fined for Using Too Much Water”

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    FERC Delays EIS for Mountaineer XPress & Gulf XPress Pipelines

    delayedThe Federal Energy Regulatory Commission (FERC) has just thrown a little cold water on two important pipeline upgrades to carry more Marcellus/Utica gas to southern markets. A final environmental impact statement (EIS) was due from FERC for both the Mountaineer XPress and Gulf XPress projects no later than April 28, 2017. FERC says that deadline is going to slip by three months due to reroutes and additional environment information requested. MDN has previously reported on Mountaineer XPress, which includes 165 miles of new pipeline with approximately 2.7 billion cubic feet (Bcf) per day of transportation capacity from existing and future points of receipt along or near the Columbia pipeline system–most of it located in West Virginia (see Details on Columbia Pipeline Mountaineer XPress Pipeline Project). We have not, however, reported on Gulf XPress, which seems to be a project different from other Columbia projects we’ve highlighted, including Rayne XPress and Leach XPress. The Gulf XPress project does not appear to be either of those projects renamed (or original thought). Gulf XPress consists of constructing seven new midpoint compressor stations along the existing Columbia pipeline system in Kentucky, Tennessee and Mississippi, with the aim of moving an additional 875 million cubic feet (MMcf) of Marcellus/Utica gas per day southward, to the Gulf Coast region…
    Read More “FERC Delays EIS for Mountaineer XPress & Gulf XPress Pipelines”

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    FERC Approves NEXUS Pipeline, Project on Track for 2017

    approvedAs MDN predicted, yesterday the Federal Energy Regulatory Commission (FERC) approved the NEXUS Pipeline project (see FERC Expected to Approve NEXUS Today; Surveyors have Armed Guards). More precisely, FERC issued a positive Final Environmental Impact Statement (FEIS). These projects are complex and the final Certificate is yet to be granted that allows Spectra Energy to begin digging–but that Certificate is now just a formality. The big nut to crack was the FEIS. With that now granted (executive summary of FEIS below), the final Certificate is on track to be issued in the first quarter of 2017. That is, NEXUS is on track, on time, and WILL get built despite the objections of anti-fossil fuelers. The NEXUS Pipeline is a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. It is a critically needed pipeline to move Utica and Marcellus Shale gas from an over-saturated market in the northeast to markets in the Midwest and Canada. But FERC’s approval is not only great news for Marcellus and Utica Shale drillers, it’s also great news for Ohioans as there are numerous taps along the proposed route that will deliver plenty of cheap Utica gas to Ohio residents and businesses. And lest you believe the anti lie that FERC is nothing more than a rubber stamp for the pipeline industry, there are some 38 mitigation projects NEXUS will have to make when building the pipeline–projects that will come at great expense. FERC does it job and does it well, balancing the need for more energy with the impacts that infrastructure will have on landowners and the environment. Here’s the great news, along with some of the reaction…
    Read More “FERC Approves NEXUS Pipeline, Project on Track for 2017”

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    Rover Pipeline in Hot Water Over Demolishing Historic House in OH

    taken to the woodshedFERC (the Federal Energy Regulatory Commission) is not happy with Energy Transfer and their Rover Pipeline. There are two major pipeline projects planned for Ohio: NEXUS and Rover. NEXUS got some FERC love today (see today’s lead story). Rover, on the other hand, is getting the cold shoulder from FERC, from a self-inflicted wound. Let us explain. As a reminder, Rover (an Energy Transfer project) is 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. The short version of what happened is that 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, they determined it was “ill-suited for its intended purpose” and decided to demolish the house. 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. Rover should have reported their decision to demolish the house to FERC but didn’t, which has Rover in hot water with FERC and the Advisory Council on Historic Preservation. Will Rover’s action kill the project? No. Will it slow down Rover and end up costing the company boatloads of money? Most likely, although Rover disputes that interpretation of events…
    Read More “Rover Pipeline in Hot Water Over Demolishing Historic House in OH”

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    FERC Denies Anti Request to Stop KM’s Broad Run Expansion Project

    request-denied.jpgKinder Morgan’s Broad Run Expansion Project will expand transportation capacity of natural gas on the existing Tennessee Gas Pipeline system. The project includes the construction of two new compressor stations in Kanawha County, WV, one new compressor station in Davidson County, TN, and one new compressor station in Madison County, KY. Tennessee Gas also expects to increase compression capacity by modifying two of its existing compressor stations in Powell and Boyd counties in KY by replacing existing capacity with new, higher-rated horsepower compression units. The project will provide an extra 200,000 dekatherms per day (Dth/d) of transportation capacity along the same capacity path as the Broad Run Flexibility project, which was placed in service on Nov. 1, 2015. All of the additional gas will come from Antero Resources and their Marcellus/Utica program. The Federal Energy Regulatory Commission (FERC) issued a Certificate to build the project in September. However, several anti-drillers filed an appeal, asking for a stay claiming a removal of 40 acres of forest for a compressor station would irreparably harm Mom Earth. FERC has just ruled against the stay and told the antis Mom Earth will be just fine. Fire up the backhoes!…
    Read More “FERC Denies Anti Request to Stop KM’s Broad Run Expansion Project”

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    FERC Expected to Approve NEXUS Today; Surveyors have Armed Guards

    NEXUS map
    Click for larger version

    Word on the street is that the Federal Energy Regulatory Commission (FERC) will announce a decision today to approve the NEXUS Pipeline–a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. It is a critically needed pipeline to move Utica and Marcellus Shale gas from an over-saturated market in the northeast to markets in the Midwest and Canada. If the decision doesn’t come today, it will come very soon. As MDN reported yesterday, the small city of Green, OH (population 26,000) has put NEXUS on notice that if its surveyors show up and landowners refuse access, those surveyors will be arrested if they “trespass” on the landowner’s property (see Green, OH Threatens NEXUS Surveyors with Arrest for Trespassing). Other news agencies are reporting that surveyors are about to show up with armed guards. Into this mess may come an approval for the project. If NEXUS gets approved, it will have the right to use federal eminent domain laws to build the pipeline, regardless of landowner desires. Does eminent domain also include surveying? One would think so since surveying is part of the construction process. Green’s bluster may amount to nothing if the project receives a final approval today. Below are several stories about surveying for NEXUS, as well as a look at the FERC commissioners who will make the final decision on NEXUS…
    Read More “FERC Expected to Approve NEXUS Today; Surveyors have Armed Guards”

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    FERC Slaps NY AG; No Re-Hearing on Constitution Pipe Tree Clearing

    noIt’s now apparent that the fix has been in from the beginning–that New York’s corrupt Gov. Andrew Cuomo, colluding with New York’s corrupt Attorney General, Eric Schneiderman, were on a mission to block the construction of the federally approved Constitution Pipeline, due to run from Susquehanna County, PA into Upstate New York (to Schoharie County). Before Cuomo decided to take the breathlessly lawsless act of blocking the pipeline by denying stream-crossing permits (being challenged in court), the Constitution asked for permission to begin clearing trees along the pipeline’s path. In January 2016, Schneiderman immediately objected (see NY AG Objects to Williams Tree Clearing for Constitution Pipeline). The Constitution never received permission and so did not clear any trees in New York State. Except–some trees did get cleared, by the landowners themselves. Landowners who wanted to realize the most money from trees that will eventually be cut were cutting the trees ON THEIR OWN, without the help, consent, assistance, or any form of aide from the Constitution. Schneiderman’s response? The Constitution should have known those stupid farmers would cut the trees and should have done something to stop it. So in May 2016, Schneiderman asked FERC to investigate the Constitution over the tree clearing matter, something called a “rehearing” (see NY Attorney General Asks FERC to Investigate Constitution Pipe and NY AG’s Allegation of Tree Cutting by Constitution Pipe a Fraud). FERC just got back to Schneiderman, and told him, NO…
    Read More “FERC Slaps NY AG; No Re-Hearing on Constitution Pipe Tree Clearing”

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    PA Gov Wolf Kills Plan for PES Refinery Expansion in Philadelphia

    canceledPhiladelphia Energy Solutions (PES) has been on a mission to expand their operation at the Southport Marine site in Philadelphia by leasing an additional 200 acres to build a terminal for shale oil imports and exports. Believe it or not, a plan to lease the extra space has been going on for more than two years (see Marcellus Caught in Crossfire of Philly Port Leasing Controversy). That’s how long it takes to grease all of the corrupt Democrat hands in Philly to get anything done. Those corrupt hands have now been greased–by none other than Gov. Tom Wolf–and PES is now out in the cold, with their plan canceled by a $300 million bribe, er a, “investment” by Gov. Wolf and the good citizens of PA. Wolf’s plan is to turn that 200 acres into a big parking lot to park incoming cars arriving by container ships from Japan. Uh, Mr. Wolf, what happens when those cars start to be manufactured right here at home under President Trump? Oops, nobody thought to ask that question…
    Read More “PA Gov Wolf Kills Plan for PES Refinery Expansion in Philadelphia”

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    FERC Quizzes Atlantic Coast Pipe About “Tribal Communications”

    war-drumsAre those war drums we hear beating? Perhaps! If you are involved in the oil and gas industry in just about any capacity, it’s hard to miss the story of the Dakota Access Pipeline (DAPL) and the paid criminal protesters who are trying to stop it (see Dakota Access Pipeline Protesters Turn Violent; Coming Here Next?). Supposedly the Standing Rock Sioux Tribe is opposed to DAPL because it will cross ancient burial grounds. While we don’t know if that’s true or not, we do know one fact not reported in mainstream media: the pipeline does not cross one inch of tribal lands. The project is almost done being built, with a small section remaining. Tensions are escalating as Big Green groups are paying “protesters” to trespass on private and public land in an effort to stop construction. The U.S. Army Corps of Engineers, in charge of authorizing the project as it crosses public land in the area, has badly bungled their role (see Army Corps of Engineers Turns Political in Dakota Access Fight). The lessons of DAPL and the Army Corps’ bungling are not lost on other government agencies, like the Federal Energy Regulatory Commission (FERC). Dominion’s $5 billion, 594-mile Atlantic Coast Pipeline (ACP)–a natural gas pipeline that will stretch from West Virginia through Virginia and into North Carolina–is now coming under scrutiny by FERC for any impacts it may have on Indian (whoops, “Native American”) land it may cross. FERC has put out a call for a copy of all “tribal communications” the ACP project has had, no doubt in an effort to avoid another DAPL situation here…
    Read More “FERC Quizzes Atlantic Coast Pipe About “Tribal Communications””

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    PA DEP Plans to Hassle Marcellus Industry with New Methane Rules

    high-cost-low-benefitIn May of this year, the federal Environmental Protection Agency issued more shale-killing regulations. The EPA issued 600 pages of new regulations that require drillers to install expensive new equipment to locate so-called fugitive methane that may or may not be leaking from wells, pipelines, etc. (see EPA Does it Again: Tries to Destroy O&G with New Methane Rule). If the industry finds such microscopic amounts of methane, they need to capture it. All in the name of preventing non-existent man-made global warming. Not long after, 15 states sued the EPA to block the new rule (see 15 States File Lawsuits to Block EPA O&G Methane Rule). Some Congressman are not happy either (see Congressmen Blast EPA Over New Methane Regulations). Even though the court case and a new incoming administration that has pledged to drain the EPA swamp casts doubt as to whether the new methane rule will ever go into effect, Pennsylvania (under Democrat Tom Wolf) is pushing forward with plans to comply with the disastrous EPA methane rule. Wolf’s Dept. of Environmental Protection (DEP) will soon unveil new permit requirements for Marcellus drillers that are sure to raise the cost of drilling and consequently cut down on drilling in the state, just at the time the state needs more drilling. The next election for PA governor can’t come quick enough…
    Read More “PA DEP Plans to Hassle Marcellus Industry with New Methane Rules”

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    VA County Planners Approve Atlantic Coast Pipeline Compressor Stn

    behave-like-adultSomething noteworthy has happened in Buckingham County, VA. Planning Commission members in the county worked hard to evaluate a request by Dominion for their Atlantic Coast Pipeline project, a request to build a compressor station in Buckingham County. Residents expressed concerns–over noise, air pollution, explosions–you name it. Planning Commission members listened, and in the end, voted to recommend that Dominion be allowed to build the compressor station, as long as they adhere to 40 conditions set forth in the Commission’s recommendation. You see, this is how adults do things. They are reasonable (able to be reasoned with). They listened, closely. They heard the concerns. They devised a plan that will allow Dominion to build the compressor station, but at the same time protect the residents that live near it. Of course that wasn’t good enough for the children-in-adult-bodies who chanted a threat to shut down the pipeline…
    Read More “VA County Planners Approve Atlantic Coast Pipeline Compressor Stn”

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    MA & NY AGs Summoned to TX Court re Collusion in Exxon Witch Hunt

    jail cellIt’s about time! A U.S. District Court Judge in Texas recently granted Exxon the right to examine “internal phone records, other communications and depositions” of far-left Massachusetts Attorney General Maura Healey, related to her involvement in attempting to persecute Exxon Mobil for daring to say man-made global warming may not be all it’s cracked up to be (see Federal Judge Says MA AG Acted in “Bad Faith” re Exxon Witch Hunt). That’s not good for Ms. Healy. Now the Texas judge has gone one step further and has summoned Healey to Texas to be deposed, under oath. The same judge has told New York’s Attorney General, Eric “the schmuck” Schneiderman to “save the date”–he’ll be coming to Texas to testify too. Schnedierman and Healey’s collusion with Big Green groups to target Exxon has been well documented. Before this is all done, the two AGs may be staring at the rest of us through the bars of a jail cell, prosecuted as the climate mobsters they are. The witch hunters are now the hunted…
    Read More “MA & NY AGs Summoned to TX Court re Collusion in Exxon Witch Hunt”

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    Maryland Publishes New Fracking Rules, 30-Day Comment Period

    going-through-the-motionsAs MDN reported in September, the Maryland Dept. of the Environment (MDE) beat the Oct. 1 deadline to release onerous new fracking regulations (see Maryland Beats Deadline, Submits Onerous New Fracking Rules). The new rules, for all intents and purposes, will result in a defacto ban on fracking in Maryland. Which is a shame. We couldn’t find a copy of the rules at the time. The MDE published the final rules in the Monday edition of the Maryland Register (see it below). What happens now? A 30-day public comment period begins, which will result (already has resulted) in lots of petulant bleating about banning fracking in the Old Line State, after which the regs will get adopted, and beginning next year when fracking can begin, it won’t. Frankly, Maryland is just going through the motions…
    Read More “Maryland Publishes New Fracking Rules, 30-Day Comment Period”

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    Support to Regulate Unregulated Gathering Lines in PA Grows

    regulationLast month MDN wrote a post outlining an initiative to begin regulating small, low-pressure gathering pipelines–something not now done (see PIOGA Opposes Bill to Regulate Unregulated PA Gathering Pipelines). Media articles about this issue misstate and obfuscate, purposely, what is happening. Senate Bill (SB) 1235 would “enhance” the existing 811 law in PA. (811 is the number you call before you dig, to be sure there are no buried pipelines or electric lines or other underground structures.) One of the “enhancements” in SB 1235 is that it removes an exclusion for low-pressure natural gas gathering pipelines from being required to be part of the 811 system. Many owners of excluded lines voluntarily participate in the programs. The bill would also transfer regulatory enforcement power over the lines from the Department of Labor to the Public Utility Commission. The Pennsylvania Independent Oil & Gas Association (PIOGA) pushed back against the removal of the exclusion for conventional production lines and rural (“Class 1” under federal law) gathering lines. PIOGA is not against knowing where pipeline are buried and protecting PA citizens–they ARE against onerous new regulations on those pipelines, which would have happened under the proposed SB 1235. PIOGA instead pushed for another year to sort out the issue, instead of passing SB 1235 as/is and throwing the conventional oil and gas industry into regulatory chaos. PIOGA won (see PA Bill to Regulate Unregulated Gathering Pipelines Fails). However, the oil and gas industry is divided on the issue. Several industry reps participated in a pipeline safety hearing yesterday at the State Capitol in Harrisburg–and voiced their support for the provisions in the defeated SB 1235…
    Read More “Support to Regulate Unregulated Gathering Lines in PA Grows”