Regulation

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    Spectra’s Algonquin Apologizes to FERC for Not Asking “Mother May I?”

    Mother-May-I.jpgRunning a bulldozer a few feet into a swamp–without written permission–can land you in a lot of hot water. That’s what Spectra Energy is learning following such an incident. Well, we don’t know if it was actually a bulldozer or not, but here is what we do know. On August 28, 2016, Algonquin Gas Transmission (a Sepctra company) experienced a break in the drill stem while attempting the pullback of a 5,000-foot-long HDD (horizontal directional drill) along the Hudson River in New York. The work being done is for Spectra’s Algonquin Incremental Market (AIM) Project. The Federal Energy Regulatory Commission (FERC) had an on-site Compliance Monitor, and that person WAS informed that Algonquin believed the break was within a wetland (i.e. swamp) adjacent to the drill entry side, and that Algonquin would like to “excavate the wetland” which includes removing a few trees, to access the drill stem. The Compliance Monitor (sort of like the old Soviet political officer) told Algonquin that he needed more information before taking such an action. Then it all gets muddled. Algonquin says it was a misunderstanding, and the FERC Compliance Officer says they ignored him (our interpretation of what’s being said). At any rate, the upshot is if Algonquin had waited for the written permission slip from the political officer, er, a, Compliance Monitor, there wouldn’t be a story. But Algonquin went ahead, encroaching on about 381 square feet of swamp–about the size of an average living room. And because of it, FERC has rained down hell fire on Algonquin…
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    THE Dela. Riverkeeper Sends Letter to Congress: Shut Down FERC

    investigationMaya van Rossum, who is THE Delaware Riverkeeper (the river’s mamma), got 182 of her friends, whom she calls “organizations” to sign a letter and sent it to the U.S. Senate demanding (she always demands, never politely asks) for hearings into the Federal Energy Regulatory Commission (FERC). Why? Because they’re actually doing their job–and that just can’t stand. Instead, she wants FERC shut down so no new pipeline projects will get approved. That’s the only acceptable outcome for Mamma Maya. She alleges that FERC is misusing its power under the federal Natural Gas Act. One of Mamma Maya’s friends, CORNball Paul Gierosky (cofounder of COalition to Reroute Nexus, or CORN) says: “FERC is corrupt and needs to be reformed.” What hubris…
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    PA Gov Wolf Said He May Ask NY Gov Cuomo to OK Constitution Pipe

    manoamanoOne of the interesting tidbits to come out of yesterday’s first day of the Shale Insight conference in Pittsburgh was an off-the-cuff remark from Pennsylvania Gov. Tom Wolf’s special assistant for infrastructure, Yesenia Bane, who said that Gov. Wolf is “willing to talk” with New York Gov. Andrew Cuomo to ask him to approve the Williams Constitution Pipeline project in the Empire State. Bane said Wolf has met with Williams and other stakeholders in the Constitution project, and apparently Wolf was impressed enough that he’s willing to add his own voice to those calling for an approval of the Constitution. Democrat on Democrat. Mano a mano. Should be interesting, if Wolf ever gets up the nerve to do it…
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    Gov. Wolf Nominates Pat McDonnell to Head PA DEP, Finally

    Patrick McDonnell Acting Secretary, DEP
    Patrick McDonnell Acting Secretary, DEP

    In May 2016, Pennsylvania Dept. of Environmental Protection (DEP) Secretary John Quigley was fired for using a PRIVATE email account to collude with his Big Green friends to try and bully PA’s legislators into supporting his onerous proposed regulations (see Smoking Gun: Copy of the Email that Got John Quigley Fired). Richly deserved. The man who took his place as Acting Secretary is Patrick McDonnell, a 19-year veteran of the DEP. Although Pat made it clear he’d like to move from “acting” to full Secretary, as of a few weeks ago Wolf still hadn’t put forth McDonnell–nor anyone else’s–name for the permanent position (see PA Gov Wolf Searching for New DEP Sec 3 Mo After Firing Quigley). As we stated at the time, McDonnell, while not without his faults (he believes in man-made global warming flummery, but so do a lot of otherwise rational adults), he seems to be a “get it done without generating controversy” kind of guy and not nearly as extreme as Quigley was. Radical environmental groups didn’t seem overly thrilled with McDonnell as Secretary (see PA’s New Acting Sec DEP: What Do We Know? Will He Be Permanent?). However, the radicals are moderating their words, because yesterday Wolf went ahead nominated Pat for the position…
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    Maryland Will Miss Important Fracking Deadline on Oct 1

    deadlineMaryland is supposedly working on revisions to revisions of revisions of fracking regulations that will allow the state to begin fracking on or about October 1, 2017. At least, that’s the theory. There has been some evidence that work is actually getting done to revise the revisions already released by former Gov. Martin O’Malley. In June the Maryland Dept. of the Environment held public hearings where anti-drilling nutjobs paraded around spreading lies about how fracking will kill ya (see Maryland Holds Hearings on Fracking, Crazies Turn Out to Complain). In order to meet the deadline of Oct. 1, 2017 (the date when the current two-year moratorium expires), newly revised regulations need to be published a year in advance–by Oct. 1, 2016. According to “officials” who spoke to the very liberal Baltimore Sun, that isn’t going to happen. So what now? If the two-year moratorium runs out, can drillers begin drilling–without the revised revisions of the revisions of the regulations? Theoretically, yes they could. The better question is: Will anyone try to drill even if they could?…
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    Landowners Go to Harrisburg to Pressure Lawmakers on Royalty Bill

    Mr. Smith Goes to Washington
    Mr. Smith Goes to Washington

    Pennsylvania landowners are, as we recently pointed out, in a civil war with the Marcellus industry over the issue of royalties (see Deep Dive: PA Royalties Civil War Between Landowners & Drillers). Landowners want House Bill (HB) 1391 passed–a bill guaranteeing landowners will receive a minimum 12.5% royalty payment regardless of post-production costs. Drillers, being represented by the Marcellus Shale Coalition, are pushing back by saying landowners must live under the contracts they’ve signed. It’s complicated–read our previous articles about it here. With a short time left in this legislative session, landowners continue to press their case with lawmakers. The latest in the skirmish is that landowners have set up a table in the Capitol Rotunda in Harrisburg to lobby (i.e. pressure) lawmakers into taking action on the bill…
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    IPAA Launches Campaign to Defeat EPA Methane Regs

    Yesterday MDN reported on the scorching remarks by two U.S. Congressman with regard to the federal Environmental Protection Agency’s rogue actions to try and regulate oil and gas drilling by imposing new methane emissions regulations (see Congressmen Blast EPA Over New Methane Regulations). Let’s keep the heat on. The premier organization representing independent oil and gas drillers is the Independent Petroleum Association of America (IPAA). The IPAA is at the forefront in fighting the EPA to defeat these draconian new regulations. According to the IPAA (quoting the EIA), these new regulations would make marginal oil and gas wells unprofitable to operate. Those so-called marginal wells represent 15% of all the natgas produced in the U.S., and 20% of the oil produced. Can you imagine what would happen to prices if you suddenly shut down that much production? No, the Obama EPA doesn’t think of things like that–and that’s the problem. Or if they do think about it, they certainly don’t give a fig. The IPAA sent around a letter outlining their game plan for fighting the EPA’s draconian methane emissions regs. Huddle up–here’s the plan…
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    Congressmen Blast EPA Over New Methane Regulations

    Last week the U.S. House Science, Space, and Technology Committee held a public hearing titled, “A Solution in Search of a Problem: EPA’s Methane Regulation.” The chairman of the Committee, U.S. Rep. Lamar Smith (R-Texas), and the chairman of the Subcommittee on Environment, U.S. Rep. Jim Bridenstine (R-Okla.), delivered prepared opening statements that were scorchers. Both Congressman didn’t beat around the bush–they called out the EPA for the extreme overreach they’ve been engaged in, particularly with this latest travesty in attempting to control the oil and gas industry via the back door of methane regulations. Here’s how it went down (grab a fire extinguisher!)…
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    Obama DOL White-Collar Overtime Reg Affects O&G Industry

    overtimeYou did know that it’s not only the Obama EPA that routinely overreaches by issuing draconian regulations, right? Other Obama agencies, like the Dept. of Labor (DOL), are also guilty of draconian overreach. On May 18, 2016, the DOL published new changes that affect who is and who is not exempt from charging overtime. With the wave of the DOL’s magic wand they doubled the minimum salary necessary for white collar jobs to be “exempt” from overtime. That is, if you now earn a salary below $47,476 annually (or $913 per week), and if you work more than 40 hours a week, it doesn’t matter what your job is–you will be owed overtime for any hours over 40. Which may sound just dandy. Except if your company can’t afford to pay it, you’re about to get laid off, fired or otherwise put out to pasture. Tell me again how much Obama loves me. Employers have until December 1st to figure out what the heck to do, and how to comply, with these draconian new regulations. The legal beagles at law firm K&L Gates have put together a handy guide to help…
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    FERC Gives WV to VA Mountain Valley Pipeline Provisional Thumbs Up

    thumbs-up.jpgThe Federal Energy Regulatory Commission (FERC) has given a preliminary thumbs up to the Mountain Valley Pipeline, 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 last October, is being built by EQT, NextEra Energy and several other partners (see Mountain Valley Pipeline Files FERC Appl, Now Just Matter of Time). The project has faced stiff opposition from landowners in West Virginia (see Mountain Valley Pipeline Sues 103 WV Landowners for Survey Access). The project has also faced opposition from landowners in Virginia (see Mountain Valley Pipeline Wins Right to Survey in VA w/o Permission). Last Friday FERC issued a Draft Environmental Impact Statement (DEIS) for both the Mountain Valley Pipeline and an associated project called the Equitrans Expansion Project. FERC’s DEIS runs a mammoth 781 pages (full copy below) and says the pipeline “would result in limited adverse environmental impacts, with the exceptions of impacts on forest.” In other words, FERC is giving the project a thumbs up…
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    NY Gov. Andrew Cuomo Halts Pilgrim’s (Pipeline) Progress

    Pilgrim Pipeline logoLast November, MDN told you about Pilgrim Pipeline Holdings, developing an East Coast pipeline to carry refined petroleum products such as gasoline, diesel, heating oil, and jet and aviation fuel northbound from Linden, New Jersey to Albany, New York (178 miles). In addition, a second Pilgrim pipeline will carry crude oil from Albany south to NJ and other locations. Two pipelines, side by side, liquids flowing through them in different directions (see Will Pilgrim Pipeline be Allowed to Settle in the NY World?). The oil that would flow south from Albany comes from trains delivering crude from the Bakken Shale play–a double evil in the sight of radical anti-fossil fuelers. So they turned up the pressure on the spineless Cuomo (see NY Antis Hope Gov. Cuomo Will Halt Pilgrim Pipeline’s Progress). It appears the pressure, once again, has worked. Last week the state Dept. of Environmental Conservation and the state’s Thruway Authority, working together, informed Pilgrim they will need to submit to a detailed anal exam, called a full environmental review, before obtaining approval. Anti-fossil nutters are rejoicing that the project has been slowed (gives them a chance to kill it). But Pilgrim is also spinning the news as a good thing–saying they welcome the full environmental review to prove the safety and righteousness of their proposal. Can this actually be good news for both sides?…
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    Obama EPA Official Called OMB “Dickheads” re Fracking Regs

    potty-mouthA senior official in the Obama administration who works for the Environmental Protection Agency has a potty mouth. That’s probably the rule rather than the exception. However, this particular potty mouthed person–Michael Goo (formerly the EPA’s policy chief)–has been caught colluding with radical environmentalists at the nutty Sierra Club. Goo called some of the people working at the White House Office of Management and Budget “dickheads” because they were opposed to implementing federal regulations to control fracking. Quick reminder: The U.S. Constitution leaves development of oil and gas resources up to the individual states to regulate. That is, the federal government cannot (legally) regulate fracking, a part of oil and gas development. But the Fascists inside the Obama administration earnestly lust for and desire the power to control oil and gas drilling–not only on public lands, but on private lands as well. Using a Freedom of Information Act request, the Energy and Environment Legal Institute got its hands on a text message sent by Goo to the Sierra Club lamenting about the “dickheads” at OMB. Goo has been caught red-handed using input from the Sierra Club to craft official government regulations…
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    NY AG Doubles Down on ExxonMobil, Investigates Writedowns

    Eric-Schneiderman.jpg
    NY AG Eric Schneiderman

    New York Attorney General Eric Schneiderman is a man drunk on his own power. He’s being investigated for collusion with other AGs in targeting ExxonMobil over charges the company didn’t say, strongly enough, that they believe in the fairy tale of man-made global warming. And therefore they have “deceived” and “misled” the public (and investors) over how the evil, nasty, dirty fossil fuels they produce are killing Mom Earth. What’s really happening is that Schneiderman is trying to deny Exxon and the people who work there, their right to free speech under the U.S. Constitution’s First Amendment. Now that Schneiderman’s sham case is falling apart and he himself is being investigated by the U.S. Congress, what does he do? He doubles down and finds another false excuse to target Exxon: this time it’s over the issue of writing down assets…
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    Spectra Ready to Open Valve on Expanded Pipeline from NE to Gulf

    Spectra Energy logoFantastic news for overabundant supplies of Marcellus and Utica Shale gas: Spectra Energy has asked the Federal Energy Regulatory Commission to open the valves on their Texas Eastern Transmission Gulf Markets Expansion Project. The project will shuttle supplies of natural gas from the northeast, along with supplies from Texas, to “meet the needs of demand growth in the power, industrial and LNG export sectors particularly in the Gulf Coast region of Louisiana and Texas.” Spectra began construction for the Gulf Markets Expansion Project in February. Construction will come in two stages, with the first stage targeted to go online in November. Spectra got done early and has asked for permission to begin operations at several compressor stations. More than half of the eventual 650,000 decatherms per day of new capacity along the Texas Eastern pipeline will come in the northeast, moving Marcellus/Utica gas to the Gulf Coast. Marcellus drillers EQT and Range Resources are signed up to ship gas along the expanded-capacity pipeline. Facilities along the pipeline have been or are being upgraded in Texas, Louisiana, Mississippi, Tennessee, Kentucky, Ohio and Pennsylvania. Here’s more about the project…
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    FERC Fights for Constitution Pipeline in Federal Court

    boxing-glovesTwo days ago MDN told you that the Natural Gas Supply Association (NGSA) had filed a brief in a lawsuit brought by anti-drilling zealots against the much-needed Constitution Pipeline (see NGSA Lobbies Fed Court, DEC to Advance 2 Stalled Pipelines in NY). The Constitution is a $683 million, 124-mile pipeline from Susquehanna County, PA to Schoharie County, NY carrying Marcellus gas. Radical environmental groups sued in federal court to challenge the Federal Energy Regulatory Commission’s (FERC) environmental review of the Constitution. If the wackos can get FERC’s review cast aside, they can slow the project to the point where they can (hopefully for them) kill it. That’s the game plan. The NGSA pushed back against it, and now, so has FERC. On Monday, FERC filed its own brief in federal court, asking the court to throw out the challenges by the zealots…
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    OH Supreme Court Rejects County Frack Ban Ballot Proposals, Again

    court-gavel.jpgAnti-fossil fuel zealots in Athens, Meigs and Portage counties in Ohio are spitting and sputtering after the Ohio Supreme Court on Tuesday once again shut down their childish frack ban ballot measures–ruling that Secretary of State Jon Husted and the election boards of those counties did not violate the law in tossing out the ballot measures. The radical Pennsylvania-based Community Environmental Legal Defense Fund (CELDF) is particularly torqued off. It’s not the first time the Supremes have slapped them down. Their frack ban ballot measures were also tossed last year by the Supremes (see Ohio Supreme Court Keeps Frack Bans Off Ballot in 3 Counties). It’s not good for future fundraising letters when the CELDF can’t win a case. Below we have a roundup of stories about the decision, including a full copy of the decision itself, handed down on Tuesday…
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