Regulation

Energy Companies | EQT Corp | Industrywide Issues | Pipelines | Regulation | West Virginia | Wetzel County

WV Landowners Say They’re Bullied by Mountain Valley Pipeline
March 11, 2015March 11, 2015

Last June EQT and NextEra US Gas Assets formed a joint venture to build a 330-mile pipeline from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA to deliver abundant, cheap Marcellus and Utica Shale gas to markets throughout the southeast (see EQT Announces New Marcellus/Utica Pipeline to Southeastern US). The new pipeline was dubbed the Mountain Valley Pipeline (MVP) project. Since that time, MVP has filed paperwork with the Federal Energy Regulatory Commission (FERC), which has jurisdiction on whether or not to build it because the pipeline crosses state lines (see EQT’s WV to VA Pipeline Open Season a Success, FERC Filing in Oct). In February, rumors began to bubble that the pipeline is changing its route (see WV to VA Mountain Valley Pipeline Changing Routes?). There has been some resistance, as there always is, on the part of some landowners who refuse to let surveyors on their property. So MVP sent letters to landowners threatening to sue them if they don’t allow the surveyors access. How can they sue? Using the power of eminent domain–but FERC hasn’t yet approved the project which would trigger the right to use eminent domain…
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Anti-Drilling/Fossil Fuel | Industrywide Issues | Ohio | Pipelines | Regulation | Statewide OH

NE Wackos on a Rampage: Demand FERC Stop Approving Pipelines
March 11, 2015March 11, 2015

Here’s what passes for thinking in anti-drilling land: Fossil fuels, when burned, release carbon into the atmosphere. Carbon is bad (at least it is for anti-drillers), although you and all other animals breathe carbon out with every breath and plants breathe it in–it’s a requirement for all of life to exist. Still, play along, k? Because natural gas is a fossil fuel, it’s evil. By burning it you pollute Mother Earth and will cause Her to bake with mythical global warming (although we almost froze to death this winter in the northeast). So fracking is the ultimate rape of Mother Earth, as stated by none other than that towering intellect Yoko Ono when singing the song “Don’t Frack My Mother” (see Yoko Ono and Son Sean Lennon Go on Anti-Fracking Tirade). Fracked shale wells require pipelines. If you can stop pipelines, you can stop fracking. Who approves the big pipelines? The Federal Energy Regulatory Commission (FERC). So who’s the latest target of anti-drilling wackos? You got it–FERC…
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Industrywide Issues | Pennsylvania | Regulation | Statewide PA | Wastewater

New Draft Drilling Regulations in PA: Wastewater Impoundments Out
March 10, 2015March 10, 2015

The Pennsylvania Dept. of Environmental Protection (DEP) has been working on revisions to oil and gas regulations, something called Chapter 78, since 2011. In 2012 the new Act 13 drilling law required the DEP to update Chapter 78 to reflect the new reality of shale drilling. Over the past three years, the DEP held nine public hearings and received some 24,000 public comments on the proposed changes (see PA DEP Extends Roadshow for Public Comment on New Drilling Rules). The new rules were supposed to be over and done with long before now, but got derailed by last year’s election cycle. New governor, new secretary of the DEP, and guess what? The proposed rules have changed yet again. There’s a new due date too: the final rules won’t be ready until early 2016. Yesterday the DEP released yet another revision to the rules (we’ve lost track how many times the rules have been revised and changed). Drillers under Democrat Gov. Tom Wolf and his PennFutureDEP Sec. John Quigley want to increase the red tape drillers must navigate. Among the changes in this latest draft (full copy below) are…
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Energy Services | Energy Transfer Partners | Industrywide Issues | Litigation | Ohio | Pipelines | Regulation | Statewide OH

OH Law Firm Asks FERC to Stop ET Rover Pipeline Eminent Domain
March 10, 2015March 10, 2015

Columbus, OH law firm has filed a motion with the Federal Energy Regulatory Commission (FERC) challenging Energy Transfer Partners’ ET Rover application before FERC. The issue at the heart of the motion is to prevent ET Rover from invoking eminent domain and steamrollering over landowners, building the pipeline without an agreement in place with each individual landowner first. When pipeline companies have the power of eminent domain, they hold all the cards. They can say, “Here’s the offer–take it or leave it–and if you leave it, we’ll build the pipeline through your land anyway at the price we want.” We’ve never been fans of eminent domain for pipelines. Far better for pipeline companies to work it out with landowners and pay them–or reroute it through someone else’s property who will play ball. We acknowledge it’s a thorny issue and not completely black and white. ET Rover is an 830-mile, $4.4 billion pipeline that will flow Marcellus and Utica Shale gas from PA, WV and eastern OH through OH into Michigan and eventually into Canada (see ET Rover Pipeline’s 800-Mile Journey Begins with FERC Filing). The bulk of the pipeline will run diagonally from southeast to northwest across Ohio. Just yesterday we told you about ET Rover’s program to help landowners (see ET Rover Pipeline Hires Land Stewards to Protect the Land in OH). The motion filed with FERC, from what we can tell in reading the press release and the motion itself (embedded below) is not an attempt to stop ET Rover–it’s an attempt to give landowners more negotiating power and leave them firmly in control of whether, and how much, they will accept to allow the pipeline through their property…
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Industrywide Issues | New York | Regulation | Statewide NY

NYS DEC Releases 2013 Annual Report: Not One Marcellus Mention
March 10, 2015March 10, 2015

By Andy Leahy

Sometime last week, the New York Department of Environmental Conservation’s Mineral Resources Division quietly posted its 2013 annual report–finally getting around to covering that year’s activity in the extractive (and regulatory) industries, concerning oil, gas, and other minerals. The report covers a year that ended some 14 months previously, which is a typical breakneck schedule in the Empire State for finishing up these kinds of things. No surprises on the highlights. Natural gas production was down 11%. Oil production was down 5%. Completed wells were down 3%. Drilling permits issued were down 5%. How about the number of occurrences of such phrases or words as “Marcellus shale,” “Utica shale,” “hydraulic,” “frack,” or possibly even “SGEIS”?…
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Energy Services | Industrywide Issues | Litigation | Pennsylvania | Pipelines | Regulation | Statewide PA | Sunoco Logistics

Sunoco Reconciles Differences with Municipalities re Mariner East
March 9, 2015March 9, 2015

Hats off to Sunoco Logistics. In order to complete the conversion of a decades-old pipeline already in the ground, the Mariner East 1 pipeline, into flowing natural gas liquids (propane and ethane) across the state to the Marcus Hook refinery near Philadelphia, the company needs to build or upgrade 31 pump and valve stations along the existing pipeline. A legal battle ensued with resistance from many of the local municipalities, largely ginned up by scare stories from the usual sources like the Clean Air Council, THE Delaware Riverkeeper, Mountain Watershed Association and their sycophantic buddies in mainstream media outlets like PBS’ StateImpact Pennsylvania. Sunoco felt it had no option but to try and get the pipeline declared a public utility and by extension, use eminent domain to avoid local zoning ordinances. There have been plenty of legal twists and turns along the way (see our list of stories here). Sunoco has worked out their differences with 22 of the 31 townships and they are now hammering out deals with the rest. So they’ve withdrawn their application with the state Public Utility Commission (PUC) to be exempted from local zoning ordinances–no eminent domain. Anti-drillers are feverishly trying to spin this as a loss for Sunoco Logistics–that the company has “backed down” and is beaten. What it is, is a major victory for Sunoco–the pipeline will be completed (very soon) and NGLs will flow all the way to Marcus Hook…
Read More “Sunoco Reconciles Differences with Municipalities re Mariner East”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Pipelines | Regulation

FERC Chair to Pipeline Protesters: It’s About Climate Change (Stupid)
March 9, 2015March 9, 2015

By Andy Leahy

A new narrative is freshening for environmental reporters in mainstream and regional media: After suffering recent losses in extensively waged fights against new natural gas pipelines, notably in the blue-shifted northeastern U.S., opponents of fossil fuels are growing increasingly frustrated with the usually obscure decision-making process overseen by the Federal Energy Regulatory Commission, or FERC. Previously lost in the scrum: Comments by FERC Chair Cheryl LaFleur from Jan. 27, 2015–appearing before the National Press Club, no less–in which she essentially challenged activists concerned about climate change on the value of natural gas within the bigger equation. And she explained why “unprecedented” protest from activists is failing to deter FERC from approving necessary construction…
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Ashtabula County | Energy Services | Industrywide Issues | Ohio | Processing Plants | Regulation | Utica Shale | Velocys | Wastewater

OH EPA Issues Draft Lake Erie Discharge Permit for Ashtabula GTL Plant
March 9, 2015March 9, 2015

The Ashtabula (OH) gas-to-liquids, or GTL, plant is ever-so-gradually making progress. In Sept. 2013 MDN first told you about this innovative plant coming to Ashtabula County (see Utica Shale Gas-to-Liquids Plant Planned for Ashtabula, OH). The plant will convert Marcellus and Utica Shale gas into diesel fuel, lubricants, solvents and waxes. The technology used for the plant is provided by a UK company called Velocys. In June 2014, Velocys bought out the Astabula operation and took up the reigns of the project (see UK-based Velocys Buys Ashtabula, OH GTL Plant). We didn’t hear anything about it until January of this year when Ashtabula Energy, a division of Velocys, has filed for a permit with the Ohio Environmental Protection Agency (OEPA) that would allow the plant to discharge wastewater into Lake Erie (see New Life for Ashtabula Gas-to-Liquids Plant, Files for Permit). The new news is that the OEPA has issued a draft discharge permit for the plant and has scheduled a public hearing on it…
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Broome County | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

NY Town Hopes to Attract Drillers Using Low Volume Fracking
March 6, 2015March 6, 2015

A story about fracking in New York first caught our eye because it’s one of the only (perhaps the only) mainstream media story to admit that fracking has been and still is happening in New York State. If you’ve read MDN for any length of time you know we’ve been pointing that out until we’re blue in the face. Let us say it again: Fracking using low volumes of water (under 75,000 gallons) has been and continues to be used in New York State. Mainstream media outlets apparently have a news blackout on that score–which leads anti-drillers to believe there is no fracking in NY and that Cuomo’s recent decision will keep it that way. Sorry Charlie (and Bill, and Sandra, and Chip)…that’s just not the truth. Once we read more, it was apparent that the bigger story (the story within the story) is what’s happening in the Town of Windsor, NY–where MDN HQ is located, where the temperature this morning was 0! Windsor is actively looking at the possibility of attracting drillers who may want to use low-volume fracking, or even no fracking, to drill gas wells in the town…
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Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA Rep. Vitali Wants to Force Residents to Use LESS Natgas
March 6, 2015March 6, 2015

Some days you just shake your head. With all due respect to our many Democrat readers and friends–how can some Democrats be so utterly stupid? The latest example comes from Pennsylvania. State Rep. Greg Vitali (Democrat from the Philly area, why are we not surprised) wants to force natural gas utilities–the folks who sell you gas to burn in your furnace or use in your stoves for cooking–to sell you less natural gas. Why? Because of his personal views about so-called global warming. His justification (picked up and amplified by the dictationists at the Pittsburgh Post-Gazette) is that electric utilities are already being forced to do it–and hey, Dems like to spread the misery around, ya know?…
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Forced Pooling | Industrywide Issues | Regulation | Statewide WV | West Virginia

WV Forced Pooling HB2688 Passes House, Heads to Senate
March 5, 2015March 5, 2015

West Virginia House Bill (HB) 2688 (see WV HB2688 Forced Pooling Bill Continues March Toward Passage) has done what no other forced pooling bill over the past six years has done–it’s been approved by a full vote in the WV House. The House approved HB2688 on Wednesday by a vote of 60-40. The vote came after two hours of spirited debate over the merits–or lack thereof–in forcing some holdout mineral rights holders to allow drilling in certain, limited situations. Why has this bill gone further than the others before it? Probably because it creates a standard that 80% of the mineral rights in a unit must be leased in order to “force” the other 20% into the unit–to allow drilling. That’s one of (perhaps the) highest percentage for any state with a forced pooling provision. The bill now heads to the Senate for a vote…
Read More “WV Forced Pooling HB2688 Passes House, Heads to Senate”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA Gov Wolf Increases DRBC Funding by 73% to 3/4 Million Bucks
March 5, 2015March 5, 2015

On Tuesday, PA Gov. Tom Wolf delivered the most expensive budget in PA history, a budget that plans to steal money from landowners and drillers and give it away to Big Education (see Post-Gazette: Wolf Budget with Severance Tax “a Miss…Utter Folly”). Not only does Tom Wolf want to “restore funding” for Big Education, he also, disappointingly, intends to restore funding for the Delaware River Basin Commission (DRBC) so it can continue its anti-drilling ways. Wolf wants to lavish the DRBC with 3/4 of a million dollars, which is a 73% increase over last year’s funding under then-Gov. Tom Corbett. The problem with funding the DRBC is that PA taxpayers are footing most of the bill because other member states, including NY, NJ and the federal government, are short-changing the DRBC–not paying what they owe. Delaware is the lone member that pays what it’s supposed to (which is much less than PA). So PA taxpayers are in the unenviable position of propping up an organization that acts against their interests…
Read More “PA Gov Wolf Increases DRBC Funding by 73% to 3/4 Million Bucks”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Landfills | Litigation | Ohio | Regulation | Statewide OH | Wastewater

Anti Groups Sue ODNR to Stop All Frack Waste Disposal in State
March 5, 2015March 5, 2015

With seeming endless supplies of money to file frivolous lawsuits, the virulently anti-drilling and misnamed Food & Water Watch (FWW) along with the so-called FreshWater Accountability Project (FWAP) have, yes, filed yet another lawsuit. Surprise! This time to the two organizations are suing the Ohio Dept. of Natural Resources (ODNR) in a case that, if successful, would prevent the ODNR from issuing permits to allow the safe disposal of frack wastewater and drill cuttings. That is, drillers in Ohio (and Pennsylvania, which sends a lot of waste to Ohio for disposal), would have no place to safely dispose fracking wastes, which would (you guessed it) shut down drilling in the Utica and Marcellus…
Read More “Anti Groups Sue ODNR to Stop All Frack Waste Disposal in State”
Industrywide Issues | Pennsylvania | Regulation | Statewide PA

More Troubling Remarks by Wolf’s Acting DEP Sec. John Quigley
March 4, 2015March 4, 2015

PA Gov. Tom Wolf’s Acting Secretary of the Dept. of Environmental Protection (DEP), John Quigley, is increasingly bold in his pronouncements about the Marcellus industry, which is deeply troubling. He did, after all, once work for and advocate for the anti-drilling PennFuture (see Ripping the Mask off PennFuture & It’s Former Employees). In reading an article where Quigley is quoted, we’re somewhat alarmed at his increasing boldness in trash-talking the Marcellus industry…
Read More “More Troubling Remarks by Wolf’s Acting DEP Sec. John Quigley”
Energy Services | Industrywide Issues | Ohio | Pipelines | Regulation | Rockies Express Pipeline | Statewide OH

REX Pipeline Zone 3 East-to-West Project Gets FERC Approval
March 3, 2015March 3, 2015

A big announcement yesterday from Tallgrass Energy Partners, owners of the Rockies Express Pipeline (REX). REX has received approval from the Federal Energy Regulatory Commission (FERC) to modify “certain facilities” along the REX pipeline from Monroe County, OH all the way to Moultrie County, IL–something they call the Zone 3 East-to-West Project. When complete, it means REX will flow an additional 1.2 billion cubic feet of natural gas per day from the Utica and Marcellus to Midwest markets. A second important announcement: The Seneca Lateral of the REX (Noble County, OH) is now fully operational. REX upgraded compressor stations along the Seneca Lateral which has boosted available capacity on the pipeline to 600 million cubic feet per day…
Read More “REX Pipeline Zone 3 East-to-West Project Gets FERC Approval”
Industrywide Issues | Pennsylvania | Regulation | Statewide PA | Wastewater

CSSD Expands Certification Standard to Include Wastewater Disposal
March 2, 2015March 2, 2015

The Center for Sustainable Shale Development (CSSD) has popped back into the news. The CSSD is an effort by both the drilling industry and environmental groups to craft a set of standards that both sides can support resulting in (for those companies who follow the standards)–a sort of Underwriters Laboratory “seal of approval” certification. You can boil it down to an effort to, “Can’t we all just get along?” As MDN has chronicled over the past two years since it was launched in March 2013, it’s been a rocky start for the CSSD (see MDN’s string of stories on the CSSD here). MDN has been critical of the organization from the beginning, although lately we’ve begun to warm to the organization and its mission. We’ve spoken in person with both the former executive director of the CSSD, Andrew Place (from EQT) and the current executive director, Susan LeGros. They both make a compelling case for the organization. LeGros and the CSSD announced last week they have, for the first time, expanded one of their 15 standards to include guidelines for what happens to frack wastewater after it has left the drilling site…
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