Regulation

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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…
    Read More “PIOGA Loses Court Case Challenging PA DEP Standards for Permits”

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    PA Gov Wolf Searching for New DEP Sec 3 Mo After Firing Quigley

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

    In May (three months ago), 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. We haven’t seen or heard much of McDonnell, but what we have seen and heard (via media reports) seems to be that McDonnell is a “get it done without generating controversy” kind of guy. Radical environmental groups don’t seem overly thrilled with McDonnell as Secretary (see PA’s New Acting Sec DEP: What Do We Know? Will He Be Permanent?). He is a man-made global warming flummery believer, so that’s a strike against him. But a lot of otherwise rational adults believe in such fairy tales, so we won’t hold it against him (too much). One thing is for sure: McDonnell wants to move from “Acting” to permanent Secretary of the DEP. However, it’s not looking promising that Gov. Tom Wolf will make his appointment permanent. It’s now been 90 days since Quigley was given the boot. Wolf has only 90 days to nominate someone. A common practice, when you’re not ready to nominate, is to use a placeholder name. Wolf has done so, and the placeholder name is not McDonnell’s…
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    Spectra Energy Pushes Back Against New England Pipeline Naysayers

    terminatorTwo weeks ago the Massachusetts Supreme Judicial Court (MA’s highest court) ruled that utility companies, which are heavily regulated and the prices they can charge controlled, cannot pass along the cost of a pipeline to electric ratepayers (see MA Supreme Court Ruling Endangers New England Gas Pipelines). The ruling had the effect of ending contracts from several utility companies with Spectra Energy for their Access Northeast pipeline–to bring Marcellus/Utica natural gas to critically starved-for-gas New England. We speculated at the time that this action may end the Access Northeast project. But a week later, Spectra Energy committed to continuing the project (see Spectra Spits in MA High Court’s Eye – We’ll Still Build Pipeline). However, regional natgas distribution companies, along with LNG importer GDF Suez, continues to try and sink the Access Northeast project for selfish reasons–to suppress competition that would come from the pipeline. It’s all wrapped up in a “tariff” case now before the Federal Energy Regulatory Commission (FERC). It’s complicated, but we’ll try and explain it in lay terms. At the root of the issue is that some existing natgas suppliers in New England benefit from lack of supply in the region (including Engie Gas & LNG, NextEra Energy Resources and PSEG). They benefit from “congestion” and lack of supply in New England–therefore Spectra has taken to calling them “Congestionaters” in their filings with FERC. We call them the Terminators…
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    PA RINO Wants to Slow Marcellus Drilling with $2M Bond per Well

    Tom Murt - RINO
    Tom Murt – RINO

    Pennsylvania State Rep. Thomas Murt, a RINO (Republican In Name Only) from the Philadelphia area, has introduced House Bill (HB) 2277 that would require drillers in the state to post a $2 million bond for each shale well they drill. The current bond is between $4,000-$10,000. This is yet another attempt by the same cast of anti-drilling characters to slow down or stop Marcellus drilling altogether in the Keystone State, by erecting regulatory hurdles to hassle drillers under the pretense of protecting PA’s environment. Adopting such a law would actually indicate that PA has turned aggressively against the drilling industry–sending the clear signal the Keystone State prefers drillers to operate elsewhere, in other states. Fortunately, with Republicans in control of both the House and Senate, this “misguided proposal,” as the Marcellus Shale Coalition calls it, is DOA…
    Read More “PA RINO Wants to Slow Marcellus Drilling with $2M Bond per Well”

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    FERC OKs 6 Dominion Compressor Station Upgrades in PA, MD, VA

    Dominion Leidy South
    Dominion Leidy South – click for larger version

    It’s not often we miss reporting on a pipeline upgrade project in the Marcellus/Utica. This is one of those rare cases. Over a year ago Dominion Transmission, Inc. (DTI) filed an application with the Federal Energy Regulatory Commission (FERC) to upgrade six compressor stations along the DTI pipeline system in Pennsylvania, Maryland and Virginia. The upgraded compressors would allow DTI to pump an additional 155,000 dekatherms per day of natural gas, providing that gas to new and expanding natgas-fired electric generating plants. The project will cost $210 million. The new news for the project is that FERC approved it this week, granting DTI a certificate to move forward with the upgrades. Below is information about the project, and about FERC’s approval…
    Read More “FERC OKs 6 Dominion Compressor Station Upgrades in PA, MD, VA”

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    EPA Shale Wastewater Rule Will Crush PA’s Conventional Drillers

    regulationIn June MDN reported on yet another new unlegislated law (called a “rule”) issued by the rogue federal Environmental Protection Agency (EPA) that bans the disposal of wastewater from oil and gas drilling via public wastewater/sewage treatment plants (see EPA Bans Disposal of Frack Wastewater at Public Sewer Plants). The rule is meant to ban wastewater coming from unconventional (shale) wells, and not conventionally drilled oil and gas wells, which are shallow wells compared to shale wells. However, conventional drillers in Pennsylvania are raising the alarm that the way the rule is written, it will prevent them from disposing their shallow (and much lower volumes of) wastewater by carting it to the local sewage treatment plant–as many of them do now. The upshot is that the EPA needs to revise its rule…
    Read More “EPA Shale Wastewater Rule Will Crush PA’s Conventional Drillers”

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    PA House Holds Hearing on Regulations for Conventional Drilling

    conventional-v-unconventional-gas-drilling.jpgRecently a group of 12 Pennsylvania state representatives held a hearing in Armstrong County, PA on the topic of separate regulations for PA’s small conventional vs large shale drillers. You may recall that new drilling rules from the state Dept. of Environmental Protection (DEP) have been approved for shale drillers, called Article 78a, but not for conventional drillers, called Article 78 (see New PA Drilling Regs Closer to Reality, Questions Remain). PA’s conventional drillers say regs for shale drillers are far too strict for small conventional drillers and will drive them out of business. Radical environmental groups, like PennFuture, actually want that outcome, mouthing platitudes that super-strict regulations “may hurt some businesses but create opportunities for others”–so it all balances out in their ethereal pretend world. Here’s some of the comments from the recent House Majority Policy Committee hearing held in Armstrong County…
    Read More “PA House Holds Hearing on Regulations for Conventional Drilling”

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    PA Landowners, Drillers Fight over HB 1391 Minimum Royalty Bill

    Garth Everett
    Rep. Garth Everett

    It appears that legislation in the Pennsylvania House of Representatives, House Bill (HB) 1391 that would fix the issue of landowners getting shorted in royalty payments, is about to die. It’s not the first time a bill meant to ensure landowners get a minimum of 12.5% in royalties has died in the PA legislature. Bradford County Commissioners chairman Doug McLinko is blaming the Marcellus Shale Coalition and other drilling industry groups. And he’s not a happy camper. Last June MDN told you about a renewed effort by Pennsylvania State legislators to pass a minimum royalty bill that will guarantee PA’s landowners get at least 12.5% royalties (see New Bill HB 1391 Will Guarantee PA Landowners 12.5% Royalties). HB 1391 is was introduced by State Rep. Garth Everett, a Republican from Lycoming County, PA. Everett said in June the new bill was “narrowed” in focus from a previous bill (that had failed) and because the more narrowed focus, he hoped the Marcellus industry would not oppose it this time around. Everett was dead wrong. As we reported in June, the rift between landowners and drillers on the matter of minimum royalties continues (see Rift Continues Between Drillers & Landowners re Royalty Bill). Due to some hard work by Everett, the bill finally moved out of committee where it had been stalled, and on to the full House for a vote (see Progress: PA Minimum Royalty Bill Heads to Full House for Vote). But now the bill is stalled in the full House and it appears there will not be a vote by the end of the fall session, due to close in another two weeks…
    Read More “PA Landowners, Drillers Fight over HB 1391 Minimum Royalty Bill”

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    Transco’s Northeast Expansion Project Advances, FERC Hearings in Sept

    Transco Northeast Supply Enhanacement Project map
    Transco Northeast Supply Enhanacement Project map – click for larger version

    In May Williams’ Transcontinental Gas Pipe Line Company (Transco) pre-filed with the Federal Energy Regulatory Commission (FERC) for a project called the Northeast Supply Enhancement project (see Williams Pre-Files with FERC to Expand Transco Pipeline in PA, NY). The new project is meant to increase pipeline capacity and flows heading into northeastern markets. In particular, Transco wants to provide more natural gas to utility giant National Grid beginning with the 2019-2020 heating season. National Grid operates in New York City, Rhode Island and Massachusetts. Also in May, Williams ran an open season to lock up commitments for the Northeast Supply Enhancement project (see Williams Announces Open Season for Northeast Supply Enhancement). The open season worked. National Grid committed to all 400,000 dekatherms of extra gas the project will provide. Currently FERC has its ears on–accepting comments about the project, both in writing and (in September) via four public hearings…
    Read More “Transco’s Northeast Expansion Project Advances, FERC Hearings in Sept”

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    CONSOL Fined $184K for Sloppy Pipeline Construction

    finedThe Pennsylvania Department of Environmental Protection (DEP) has fined two CONSOL Energy subsidiaries, CNX Gas (the drilling division) and CONE Midstream (co-owned by CONSOL and Noble Energy) for coloring outside the lines when they built some gathering pipelines in four western Pennsylvania counties. CNX was fined $139,000 and CONE was fined $45,000 for veering off the path officially filed with the DEP. According to DEP spokesman John Poister, the numskulls didn’t pay attention and were sloppy (our words, his sentiment). Here’s the official announcement from the DEP, along with comments from Poister…
    Read More “CONSOL Fined $184K for Sloppy Pipeline Construction”

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    Spectra Spits in MA High Court’s Eye – We’ll Still Build Pipeline

    spit.jpgLast week MDN reported on the decision by the Massachusetts Supreme Court to deny utility companies operating in the state to pass along potential costs of a new natural gas pipeline to electric rate payers–the people who would most benefit from such a pipeline (see MA Supreme Court Ruling Endangers New England Gas Pipelines). Several utilities had entered into long-term agreements with Spectra Energy’s proposed Access Northeast pipeline on the basis of recovering their costs by passing along pipeline costs to ratepayers. We previously took great pains to explain this complex issue, of government-regulated companies and how they make money. We speculated last week that this decision may indeed imperil the building of Spectra’s Access Northeast pipeline. Good news! Spectra is metaphorically spitting in the eye of the MA Supremes. The company says it will move forward with building the pipeline anyway, regardless of the Supreme Court’s decision…
    Read More “Spectra Spits in MA High Court’s Eye – We’ll Still Build Pipeline”

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    Iroquois Gas Pipeline Offers to Cut Rates for Customers

    Iroquois Gas
    Click for larger version

    This past January the Federal Energy Regulatory Commission (FERC) launched five investigations into four pipelines, three of which operate in the northeast, to determine whether or not those pipelines have been “substantially” overcharging their customers with the excuse of “we have to recover our costs” (see FERC Investigates 3 Northeast Pipelines for Overcharging). Although you might think the free market would govern what pipelines charge, pipelines, like other utilities, don’t operate in a totally free market. You can’t just up and leave one pipeline and take your gas to another. The government grants permission to operate, and the government keeps an eye on the rates charged–just like they do with your local gas and electric company. One of the pipelines under investigation is the Iroquois Gas Transmission pipeline, which runs mostly through New York State. Iroquois has just filed an offer to lower rates for its shippers, to make the FERC investigation go away…
    Read More “Iroquois Gas Pipeline Offers to Cut Rates for Customers”

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    Combating Fairy Tales: PA DEP Releases Climate Action Plan Update

    Grimm's Fairy TalesPennsylvania, like all states, is on a mission to combat the fairy tale of man-made global warming by reducing carbon dioxide (CO2) emissions (the stuff you exhale with every breath), and by reducing methane (i.e. natural gas) that escapes into the atmosphere. Global warmists have talked themselves into the belief that a little methane leaking here and there is worse than a supernova. Whatever. The Dept. of Environmental Protection (DEP) in PA is tasked with developing a plan to reduce CO2 and methane emissions in the Keystone State. They’ve just released a final version of their 2015 Climate Change Action Plan Update (full copy below). Among the suggestions from the brainiacs at the DEP is dressing up trucks in skirts (don’t ask)…
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