Regulation

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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

    doug-mclinko
    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…
    Read More “FERC Approves Another KM Pipeline Project in the PA Marcellus”

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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…
    Read More “OH Anti-Pipeliners Allege Some Letters to FERC were Forged”

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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…
    Read More “Righteous Royalty Anger: PA Town Votes to Block 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…
    Read More “PA Gov Wolf Searching for New DEP Sec 3 Mo After Firing Quigley”

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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…
    Read More “Spectra Energy Pushes Back Against New England Pipeline Naysayers”

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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”