Regulation

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    OH Lets Dominion Boost Recoverable Spending on Pipe Replacement

    dominionDominion launched a $4 billion, 25-year Pipeline Infrastructure Replacement (PIR) program in mid-2008. The program involves replacing over 5,500 miles of Dominion’s 22,000-mile pipeline system. Most of the pipeline to be replaced was installed in the first half of the 1900s. Some of the pipeline (much?) is being done in Ohio. The pipelines Dominion wants to replace in Ohio are regulated by the Public Utilities Commission of Ohio (PUCO). If Dominion wants to do anything with or for the pipelines in Ohio, they first need PUCO permission. Dominion has sought, and now received, PUCO permission to expand the program in Ohio. Dominion currently spends $160 million per year on the program in Ohio. PUCO gave them permission to up that amount to $170 million next year and $200 in 2018. Why is that important? Because Dominion gets to “recover” the costs (i.e. charge the costs) to utility customers. Dominion customers in Ohio can expect to see a rate increase…
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    Former PA Game Commissioner Fined $75K for Lease Moonlighting

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    William Capouillez

    In August 2013 an extensive investigative article about a then-director for the Pennsylvania Game Commission, William A. Capouillez, appeared in the Philadelphia Inquirer (see PA Director of Game Commission Double-Dipping with Gas Leases?). The article spotlighted a potential conflict of interest between Capouillez’s day job and his moonlighting side job as an agent for property owners who lease their land for oil and gas development. The issue? He was signing private deals with the same companies that often work with his state agency. It became a serious legal issue for at least one driller–Range Resources. The independent 8-member board that runs the Game Commission was about to promote Capouillez to the top job of executive director when then-Gov. Tom Corbett put the brakes on it (see PA Gov Corbett Blocks Promotion of Moonlighter at Game Commission). In September the chairman of the PA House Committee on State Government, Daryl Metcalfe, asked the State Ethics Commission to investigate his activities (see PA Game Comm. Head Not Afraid of Gas Leasing Ethics Investigation). Capouillez’s response was “bring it on.” He said he had not taken on new clients for his moonlighting job in three years and had done nothing wrong. The State Ethics Commission did investigate and now, three years later, the Commission levied a $75,000 fine, which Capouillez has agreed to pay, although he remains defiant and says the fine is a tiny fraction of the original fine sought–indication of his vindication…
    Read More “Former PA Game Commissioner Fined $75K for Lease Moonlighting”

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    PA DEP Tells Mariner East 2 to Correct “Significant Deficiencies”

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    Mariner East 2 – click for larger version

    John Hohenstein, the head honcho for dams, waterways and wetlands with the Pennsylvania Dept. of Environmental Protection (DEP) sent a strongly-worded missive (21 pages long, full copy below) to Matthew Gordon, principle engineer and project manager for Sunoco Logistics’ Mariner East 2 pipeline project last week. The letter was an assessment of Mariner East 2’s application with the state to cross numerous waterways and swamps as it is (mostly) built next to existing pipelines and stretches across 17 PA counties, spanning the state. In the letter Hohenstein tells Gordon there are “significant technical deficiencies” in the application, and unless those deficiencies are addressed by November 7, Sunoco can kiss stream-crossing approval goodbye…
    Read More “PA DEP Tells Mariner East 2 to Correct “Significant Deficiencies””

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    PA Town’s Angst Over Mariner East 2 Pipeline Near School, Park

    logo-transThere is no doubt Sunoco Logistics Partners has been pushing a boulder up a hill when it comes to the Mariner East 2 pipeline project–a $2.5 billion, 350-mile natural gas liquids (NGL) pipeline that will run from eastern Ohio through the state of Pennsylvania to the Marcus Hook refinery near Philadelphia, carting ethane, butane and propane to the facility from both the Utica and Marcellus region. For over a year the project was mired in legal challenges of whether or not it can claim public utility status, with a right to use eminent domain. In July, PA’s Commonwealth Court ruled it is a public utility with a right to use eminent domain (see Sunoco LP Wins Major Court Decision for Mariner East 2 Pipeline). But the fight continues–town by town. Nowhere is that more evident than Middletown Township in Delaware County, PA. Monday night the town council voted, unanimously, to put an ordinance on the docket for council members to vote on at the Sept. 26 meeting, an ordinance that if passed, will allow Sunoco LP to move forward with building the pipeline on public land in the town–in one case across a park, and in another close to an elementary school…
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    NGSA Lobbies Fed Court, DEC to Advance 2 Stalled Pipelines in NY

    ngsaThe Natural Gas Supply Association (NGSA) has gone into action to support two currently-stalled pipeline projects in the People’s Republic of New York, where Chairman Cuomo rules. Yesterday the NGSA filed a brief in federal court to respond to an effort by the rogues gallery of environmental extremist groups (including Catskill Mountainkeeper, Riverkeeper, Sierra Clubbers and other ne’er–do–wells) to stop the Constitution Pipeline from getting built. The Constitution is a $683 million, 124-mile pipeline from Susquehanna County, PA to Schoharie County, NY carrying Marcellus gas. The enviro 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. NGSA is pushing back, legally. Also this week the NGSA asked the NY State Dept. of Environmental Conservation (DEC) to get off its rear-end and approve air permits for Dominion’s New Market Project–a fairly dull $159 million capacity upgrade to an existing natural gas pipeline which runs across upstate New York from the PA line, west of Horseheads, and then northeasterly to the state’s Capital Region. Once again the DEC is doing their master’s bidding by refusing to grant necessary air permits for the New Market Project to proceed…
    Read More “NGSA Lobbies Fed Court, DEC to Advance 2 Stalled Pipelines in NY”

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    Twitter Fight Over PA HB 1391 Royalty Bill

    tweetmeChanneling our inner Joan Rivers: Can we talk? It hurts when a good friend publicly criticizes you. It feels like you’ve been stabbed in the back. Perhaps a case of public criticism is one of the reasons for the developing rancor (we call it a civil war) between landowners and the Marcellus industry in Pennsylvania. Landowners are upset that their royalty checks are, in some cases, pennies–as in less than one dollar. Drillers claim that super low prices they receive for the gas are to blame–that nobody is making money right now. Landowners say that drillers (e.g. Chesapeake Energy) are deducting post-production costs that they shouldn’t be allowed to deduct, resulting in worthless royalty checks. For a number of years landowners in Pennsylvania have supported legislation to force drillers to pay a minimum 12.5% royalty, which is stipulated under a 1979 law. Drillers say post-production costs are written into many contracts and if it’s there, landowners must live by the contract. It’s turning into a mess. We’ve covered it extensively (see our articles on HB 1391). When we write about it, it’s from the perspective of a broken heart that we have a civil war brewing. When mainstream media writes about it, it’s typically with some degree of glee and happiness that “the other side” has infighting going on. An article appearing in today’s Pittsburgh Post-Gazette does a good job of summarizing what we’ve previously posted on the issue. However, the Post-Gazette article adds one new bit of information we didn’t know about: earlier this summer there was a Twitter fight/dust-up between PA-NARO (National Association of Royalty Owners) and the MSC (Marcellus Shale Coalition)…
    Read More “Twitter Fight Over PA HB 1391 Royalty Bill”

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    OH EPA Grants Permits for 5 NEXUS Pipeline Compressor Stations

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    NEXUS Pipeline – click for larger version

    An important milestone in advancing the NEXUS Pipeline in Ohio. The Ohio Environmental Protection Agency (EPA) last week issued air permits to NEXUS to build five compressor stations. NEXUS is a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada (see Spectra Energy Files Formal FERC Application for NEXUS Pipeline). 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. The Federal Energy Regulatory Commission (FERC) is charged with evaluating and approving (or not) the project. However, as often happens, various state agencies are also involved in the project. In this case the Ohio EPA can’t approve or disapprove of the pipeline itself, but granting air emissions permits for the compressor stations that will move the gas through the pipeline is important. So we celebrate one more positive sign that NEXUS will get built…
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    DCNR Blocks New Marcellus Drilling on PA State Lands

    DCNR logoWhat happens when you put a virulent anti-driller in charge of a state’s forestry service, a state that previously had a small, safe, healthy program to allow some shale drilling, giving taxpayers a break with a source of new revenue? Of course the anti-driller immediately tries to quash any more new drilling efforts. And that’s just what has happened with former PennFuture president and current Secretary of the PA Dept. of Conservation and Natural Resources (DCNR), Cindy Dunn. We called for her firing back in June when she was caught using–we’d say misappropriating–taxpayer money to send her staff to Big Green reeducation events (see Time to Fire Cindy Dunn, Last of Wolf Admin’s PennFuture Radicals). But no. She remains at her post, obstructing drilling in any way she can. The latest in her efforts is an updated plan from the DCNR’s Bureau of Forestry, which manages 2.2 million acres of state lands, in which the DCNR pledges to block any new Marcellus drilling on state lands and outlines their plans to begin hassling those who own mineral rights under state lands (and can legally extract shale gas) by requiring “definitive proof” that they own the mineral rights. In other words, they’re going to try and tie rights owners and drillers up in so much red tape, they’ll never even think about drilling a new well on state land…
    Read More “DCNR Blocks New Marcellus Drilling on PA State Lands”

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    Deep Dive: PA Royalties Civil War Between Landowners & Drillers

    civil-warFor the past few days MDN has chronicled what we’ve named a royalties civil war happening between Pennsylvania landowners and the Marcellus drilling industry in the state–two groups usually on the same side. The war revolves around royalty checks–and how meager they are (see Righteous Royalty Anger: PA Town Votes to Block Gas Production and Civil War: Bradford PA Escalates Fight with MSC re Royalty Bill). As we’ve previously explained, an oversimplification is landowners maintain that a 1979 PA law guarantees landowners a 12.5% royalty regardless of expenses involved in extracting the gas, and drillers say no, landowners must abide by the contracts they’ve signed and if those contracts allow post-production costs to be deducted before calculating a royalty, the rate may go lower than 12.5%–sometimes to zero and below. Chesapeake Energy is the primary offender, according to landowners. The issue is complex, but at its core is (according to landowners) about fairness. We’ve located two excellent bits of information, one an article, another an email, that explains both sides. The article is from the Houston Harbaugh law firm and does a great job explaining the landowners’ view of the issue, and their desire to pass House Bill (HB) 1391. The email was from the Marcellus Shale Coalition to members of the PA legislature, sent to them last June to explain why, in the opinion of the drilling industry, HB 1391 is unconstitutional and a bad choice. These two views clearly lay out the issues involved so everyone can understand why we are facing a civil war among the ranks…
    Read More “Deep Dive: PA Royalties Civil War Between Landowners & Drillers”

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    Bradford Votes to Hire PR Firm, Targets PA Lawmakers re Royalties

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    Doug McLinko – Bradford County Commissioner

    As we predicted yesterday, Bradford County, PA commissioners have voted to hire a public relations firm to create a video to force the issue of passing House Bill (HB) 1391, a bill ensuring PA’s landowners will receive a 12.5% royalty check regardless of post-production costs (see Civil War: Bradford PA Escalates Fight with MSC re Royalty Bill). The commissioners did indeed vote yesterday, budgeting $15,000 for the project–money that will ironically come from royalty payments received by the town. The commissioners explained a bit more about their proposed publicity campaign to force Harrisburg to take notice of their plight…
    Read More “Bradford Votes to Hire PR Firm, Targets PA Lawmakers re Royalties”

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    Civil War: Bradford PA Escalates Fight with MSC re Royalty Bill

    civil-warYesterday MDN reported that Wilmot Township, located in one of the most-drilled counties in Pennsylvania (Bradford County) has taken the unusual step of demanding that drillers (in particular Chesapeake Energy) stop flowing natural gas from drilled wells unless/until they start paying landowners a minimum 12.5% royalty for the gas produced (see Righteous Royalty Anger: PA Town Votes to Block Gas Production). In August MDN reported that at the county level in Bradford County, the same issue has turned personal and somewhat nasty–with Bradford County Commissioners chairman Doug McLinko (a big pro-gas guy) blaming the Marcellus Shale Coalition and its leader David Spigelmyer for blocking a vote on House Bill (HB) 1391 that would rectify the royalty issue (see PA Landowners, Drillers Fight over HB 1391 Minimum Royalty Bill). McLinko called Spigelmyer a “reverse Robin Hood” last month. The fight continues and now escalates. Today, McLinko and the other commissioners in Bradford are set to vote on hiring a public relations firm to produce several short videos so the county can use those videos in a state and national PR campaign. McLinko says the MSC’s lobbying against royalty reform has cost Bradford County “probably $100 million” and the new campaign aims to get HB 1391, or something like it, passed…
    Read More “Civil War: Bradford PA Escalates Fight with MSC re Royalty Bill”

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    FERC Approves Another KM Pipeline Project in the PA Marcellus

    approvedIn April 2015 Kinder Morgan’s Tennessee Gas Pipeline (TGP) subsidiary filed an application with the Federal Energy Regulatory Commission (FERC) to build 8.2 miles of new looping pipeline in Tioga County, PA and beef up two compressor stations in Bradford County, PA. The $142 million project is called the Susquehanna West Project. The project will increase capacity along a section of the TGP, bumping it up by 145 million cubic feet per day (Mmcf/d). All of the extra capacity is spoken for by Statoil and the wells they’ve drilled in NEPA. Good news: On Tuesday FERC issued their approval for the project, which means construction will begin in January 2017…
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    OH Anti-Pipeliners Allege Some Letters to FERC were Forged

    pot-kettle-blackVirulent anti-fossil fuel nutters who are opposed to Spectra Energy’s $2 billion, 255-mile NEXUS interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada, have stayed up late at night reading through all of the comments sent to the Federal Energy Regulatory Commission (FERC). The habit of antis is to generate a blizzard of negative comments to FERC on any given project, sometimes using the names of their children (see Delaware Riverkeeper Scams FERC in Review of PennEast Pipeline). The antis say after reading thousands of comments supplied to FERC, they’ve found “maybe 200” that support the pipeline that are suspicious. In one case they said a letter was signed by someone who has been dead since the 1990s. In other words, the antis are alleging fraud–that pro-drillers or even Spectra Energy itself is engaged in fraudulently sending letters of support from people that don’t support the pipeline. Which is kind of funny, since antis themselves are typically the ones who engage in this kind of fraud! We guess it takes one to know one…
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    Righteous Royalty Anger: PA Town Votes to Block Gas Production

    angerResidents in Wilmot Township (Bradford County), PA are mad as hell over shorted royalty checks–and they aren’t taking it anymore. Yesterday Wilmot Township’s three supervisors passed a resolution demanding, “production be discontinued from wells where landowners are having their royalty checks diminished to nothing or nearly nothing.” That is, they want to block natural gas production from existing shale wells drilled in a town smack in the middle of one of the most-drilled places in Pennsylvania. We’ve long chronicled the fight between landowners and some (certainly not all) drillers who are screwing them out of royalty payments by claiming inflated post-production costs. The issue first came to prominence with claims by landowners signed with Chesapeake Energy, who claimed Chessy had cut a sweetheart deal with its former midstream company (Access Midstream) whereby Access bumped up its charges for piping gas which Chesapeake claimed as an expense and deducted from royalty checks, and then Access turned around and invested big money into the old mothership company (see Chesapeake Shafting Landowners out of Royalties Mess Gets Messier). A group of Bradford County landowners were among the first to sue Chesapeake over the scheme (see Bradford County, PA Landowners Sue Chesapeake over Royalties). Several bills have been offered over the past few years to correct the situation by legislating that landowners get a minimum 12.5% royalty for any gas produced, regardless of post-production costs. The most recent effort, which has come the closest to passing, is House Bill (HB) 1391. However, the Marcellus industry has steadfastly lobbied against it (see PA Landowners, Drillers Fight over HB 1391 Minimum Royalty Bill). Exasperated landowners in Wilmot have had enough and have taken the symbolic (but likely unenforceable) step of telling drillers to turn off their spigots until they’re ready to conform to a 1979 PA law that guarantees landowners a 12.5% minimum royalty for oil and gas production…
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    MSC to PA Legislators: Welcome Back, Don’t Screw Up Marcellus

    welcome backWe scored a copy of a refreshingly honest (blunt) assessment of the Marcellus industry in Pennsylvania. The letter was written by the Marcellus Shale Coalition’s vice president of government affairs, James Welty. It’s dated August 29 and was written and sent to all Pennsylvania legislators in both the House and Senate. The legislators have been enjoying themselves on summer holiday break and are now returning to work, with just a couple of weeks left in the legislative session. The PA House is in session for 2 1/2 more weeks and the Senate for 1 1/2 weeks (final day is Nov. 15 for each). There’s not much time left to handle the people’s business in 2016. Welty’s letter to the legislators is a frank assessment of the current down market faced by PA’s shale drillers. Welty tells lawmakers that recently adopted Article 78a rules will mean drillers spend an additional $2 million per well to drill–a budget buster for many drillers. He also says PA has the highest effective tax rate on drilling in the country at 12.3%. Although PA doesn’t call it a severance tax, it essentially is a severance tax and costs more than any other oil and gas state, contrary to the lies by Democrats who lust for more money to give away. Give this frank assessment of our beloved industry a read–it’s worth your time to see how the industry characterizes the current landscape in PA…
    Read More “MSC to PA Legislators: Welcome Back, Don’t Screw Up Marcellus”

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    PIOGA Loses Court Case Challenging PA DEP Standards for Permits

    courtgavel.jpgUPDATE: PIOGA sent MDN an exclusive statement about the case. They intend to appeal. Read PIOGA’s statement below…

    In 2013 a RINO justice on the Pennsylvania Supreme Court, Chief Justice Ron Castille, sold out the Marcellus industry and joined with three Democrats on the state’s high court to overturn a large and important part of the newly minted Act 13 drilling law, in a case known as Robinson v. Commonwealth of Pennsylvania (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). Part of the Act 13 law was left intact, but part of it, the part that directed local municipalities to craft zoning laws to include certain statewide uniform provisions concerning the location of oil and gas operations, was tossed (see What Does PA Supreme Court Decision on Act 13 Mean?). In June of this year, the Pennsylvania Independent Oil & Gas Association (PIOGA) argued a lawsuit against the PA Dept. of Environmental Protection (DEP) based on the tossed Act 13 case. PIOGA argued that part of the Act 13 law–the part that granted the DEP sweeping power to consider proposed impacts a well might have on public and natural resources when considering whether or not to issue a permit–was no longer valid. PIOGA said those parts of the law are directly related and intertwined with the part struck down by the Supreme Court. In other words, Act 13 in its original form, as passed, said the DEP could consider impacts on public and natural resources as part of the decisional process for issuing permits, but the Supremes struck down that part of the decisional process because they said it could not be implemented consistent with Act 13’s intent. PIOGA’s lawsuit pointed out that public natural resources were still protected by other laws operators must comply with and that the Supreme Court’s invalidation of Section 3215(c) meant that DEP ould no longer impose conditions in permits related to these other laws. A Commonwealth Court in PA ruled yesterday against PIOGA’s argument (full copy of the ruling embedded below). In essence, the court is picking and choosing which parts of a law that was duly passed it wants to have enforced, and the parts it doesn’t like it willy nilly tosses, which is bass ackwards. DEP must obey the Supreme Court’s rulings just as everyone does, but not for now courtesy of the Commonwealth Court…
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