Regulation

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    NPGA Asks FERC to Reverse Flow of ATEX Pipeline & Pump Propane

    There is a serious, some would say “dangerous” shortage of propane in the northeast, for a number of reasons. The ongoing, brutally cold winter is partially to blame (oh global warming, where are thou? we need thee now!). In what appears to MDN to be a case of sour grapes, the National Propane Gas Association (NPGA), representing some 3,200 propane companies, has asked the Federal Energy Regulatory Commission (FERC) to force the brand new Appalachia to Texas (ATEX) pipeline to quite pumping ethane from the Utica/Marcellus to Gulf Coast and instead reverse the flow and pump propane from the Gulf to the northeast citing the propane shortage as the reason.

    Well, it is an emergency, right? Why do we say sour grapes? Because part of the newly online ATEX was an existing pipeline that used to flow south to north and carry (you guessed it)–propane. The NPGA and its members opposed losing that capacity and challenged Enterprise Product Partners, the builder of the ATEX, in court. They lost. So it appears they’re using the current “crisis,” which is partially brought on by high demand from the cold and partially lack of storage capacity, which is the fault of NY Gov. Andrew Cuomo, as an excuse to get the pipeline turned around, at least for a period of time…
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    PA Dems, DRBC Squeal over Proposed Cut to DRBC Budget

    The Delaware River Basin Commission suckling pig is about to have less slop in the trough to gorge itself on, thanks to wise oversight by PA Gov. Tom Corbett. The DRBC, for those who don’t know, is an interstate quasi-governmental agency made up of the states that are in the Delaware River Basin, including Pennsylvania, New York, New Jersey (where HQ for the DRBC is located) and Delaware. The governors for each of those states plus a representative from the U.S. Army Corps of Engineers make up the voting board of the DRBC.

    For years PA has borne the brunt of the funding for the DRBC–disproportionately–lavishing the DRBC staff with buckets of cash with which they supposedly do their jobs. PA has had enough. Time for the other states that profess to love the DRBC so much to pull their own weight, so Corbett has decreased the amount of money PA will contribute to the trough. And that has the pigs squealing, including Corbetts potential Democrat opponents for the governor’s chair and (not surprisingly) DRBC staffers who have gone apoplectic with dire warnings…
    Read More “PA Dems, DRBC Squeal over Proposed Cut to DRBC Budget”

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    3 Cheers for Groups Standing Up to Obama “Climate Change” Agenda

    When Barack Obama can’t convince his political opponents (or the American people) that his skewed views on an issue are the correct views for the country, he does what any good fascist does–he simply starts writing executive orders, bypassing the U.S. Constitution that grants lawmaking powers solely to Congress. He simply seizes power for himself. Dictators the world over have done the same thing for millennia. It’s still relatively new here in the U.S. where citizens used to have (gasp) individual freedom from oppression by their government. It seems that’s something in our past.

    MDN is not the only lone outpost to recognize the dangerous road we’re now on, and not the only lone outpost to recognize that for all of his platitudes about natural gas and “all of the above,” Obama’s talk is just that–cheap talk. He doesn’t mean it because his actions (via the EPA and other agencies that frequently overstep their bounds) contradict his words. Actions always speak louder than words. A small glimmer of hope has appeared. A number of business organizations–76 in all, including the U.S. Chamber of Commerce, the National Association of Manufacturers (NAM) and the American Gas Association–have banded together to oppose Obama’s planned power grab on the faux issue of “climate change.” They recognize they and their members are in the crosshairs of this administration and they’re not going down without a fight…
    Read More “3 Cheers for Groups Standing Up to Obama “Climate Change” Agenda”

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    Tackling a Serious Issue: Low Level Radioactivity in Drill Waste

    There are a number of problems to be addressed and resolved when it comes to shale drilling–issues like truck traffic, noise, lights at night and yes, wastewater and drill cuttings (leftover rock and dirt from drilling). MDN has never shied away from discussing those issues–we need to discuss them openly and honestly for that’s the only way we solve them. Simply saying those issues are unsolvable and therefore drilling should never happen is an unreasonable and intellectually dishonest position, yet that’s what many anti-drillers do. Case in point: a single anti-driller’s objection to Washington County, OH company Envirotank Clean’s request to handle and blend semi-liquid drill cuttings that have low levels of naturally occurring radioactivity to make it safe for disposal at certified landfills ready to take it.

    Envirotank wants a permit from the Ohio Dept. of Natural Resources to begin accepting what is called TENORM, or technologically-enhanced naturally-occurring radioactive material. In a self-defeating argument a single, solitary anti-driller who will no doubt recruit more to her side, says any amount of radioactive material is unsafe. We hate to tell her, but she may want to stay away from the local hospital where there’s lots of radioactive material–material that often sets off radiation alarms at landfills. Should hospitals ban cancer treatments because it produces TENORM material? According to her logic, yes…
    Read More “Tackling a Serious Issue: Low Level Radioactivity in Drill Waste”

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    Spectra Energy Files Formal Request with FERC for OPEN Pipeline

    When it comes to building a new natural gas pipeline, it’s a loooooong process to get the route planned and approved. Once that’s done, depending on how long the pipeline is, it takes a fair bit of time to actually build it. We started telling you about a proposed new pipeline project from Spectra Energy back in December of 2011 called the Ohio Pipeline Energy Network, or OPEN (see Chesapeake Investing in New 70-Mile Ohio Pipeline). We brought you an update on this interesting project last August (see Spectra’s OH Pipeline Project Advances, Sept 20 Deadline w/FERC).

    OPEN is an interesting project because it will build 76 miles of new pipeline that connects to the Texas Eastern Pipeline, and then reverses the flow on the Texas Eastern to carry Marcellus and Utica Shale gas from eastern Ohio to the Gulf Coast. The Texas Eastern will become a bi-directional pipeline, sometimes bringing gas north from the Gulf, other times sending it to the south to the Gulf. The new news about the OPEN project is this: Spectra Energy made their full, official filing with FERC (Federal Energy Regulatory Commission) last week seeking FERC’s blessing to go ahead build it starting the new pipeline in December of this year. Here’s the story as reported by Reuters:
    Read More “Spectra Energy Files Formal Request with FERC for OPEN Pipeline”

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    Pass Me a Joint – Pot Smoking Coming to NY, But Not Fracking

    New York State Health Commission Nirav Shah apparently has no problem rushing his “research” and decision that New York State is ready for pot smoking–but dang, there’s just no telling how long it will take to figure out if fracking is OK for New York. That’s what he told New York lawmakers yesterday during budget hearing testimony.

    Whip out a joint–for “medical purposes” (wink wink nod nod)–and that’s hunky-dory with Shah. Lower everyone’s energy costs, create thousands of new jobs, take some of that nasty carbon out of the environment, and stick some coin in farmers’ pockets? Nah–a bridge too far for Nirav Shah (i.e. Andrew Cuomo). We wonder what they’ve been smoking…
    Read More “Pass Me a Joint – Pot Smoking Coming to NY, But Not Fracking”

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    CT DEEP Wants Frack Waste Reclassified Hazardous to Keep It Away

    The Connecticut Department of Energy and Environmental Protection (DEEP) is concerned that fracking waste–both wastewater and drill cuttings–may end up coming to the state. So DEEP has asked CT legislators to consider a bill that will reclassify fracking waste as hazardous waste–even though the federal government itself doesn’t consider fracking waste “hazardous.” Apparently the DEEPers are afraid that those wily shale drillers will sneak across the border and contaminate the pristine wilds of CT, so they want to put severe restrictions on frack waste hauling with the aim of just keeping it away.

    Here’s the DEEPer story:
    Read More “CT DEEP Wants Frack Waste Reclassified Hazardous to Keep It Away”

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    League of Liberal Democrat Women Voters Targets Fracking in WNY

    Recently the Portland Town Board in western NY held a special meeting to learn more about fracking. So who did they have present? Who did they find to present the facts on both sides of this contentious issue? That’s right, the League of [Liberal Democrat] Women Voters. You know–that “non-partisan” organization? (Excuse us as we now pick ourselves up off the floor from laughing so hard.)

    The LO[LD]WV is, of course, extremely partisan, extremely liberal and extremely anti-drilling–so it’s no wonder the town board members in Portland (located near Buffalo), got an honest-to-goodness real western NY snow job…
    Read More “League of Liberal Democrat Women Voters Targets Fracking in WNY”

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    JLCNY Lawsuit Imminent – But Not the One You Thought

    court gavelLike all things legal–and like all things NY–this story is a tad complex, so please bear with us. If you have an interest in whether, and when, NY begins shale fracking, this is an important story. For some time MDN has told you about the lawsuit that has been prepared and waiting (for funds) to move forward by the Joint Landowners Coalition of New York (JLCNY). Their lawsuit was to focus on “takings,” the legal concept that New York State has denied landowners the sovereign right to use their own property as they see fit–to lease it for shale drilling–and by doing so the state owes them just compensation for “taking” away that value (see our story from last April: JLCNY Provides Extensive Update on NY “Takings” Lawsuit).

    The JLCNY has changed legal strategies–that is the big news. Instead of pursuing the “takings” lawsuit at this point, which is a long, expensive legal process, the JLCNY has instead decided to change their legal focus to an Article 78 lawsuit. Sound familiar? Recently Norse Energy hired Albany attorney Tom West to file an Article 78 on behalf of their now bankrupt company (see Norse Energy Sues Gov. Cuomo to Force Release of Fracking Regs). By adding the voice of 70,000 landowners to a second Article 78 lawsuit, which is a legal way of forcing Gov. Cuomo, DEC Com. Martens and Health Com. Shah to perform their sworn duties, the JLCNY believes this new legal strategy will offer a more effective, quicker resolution to the long-standing moratorium (now in place over 5 1/2 years). We have a copy of the “demand” letter by the JLCNY to Martens, a press announcement and a fundraising appeal from the JLCNY below…
    Read More “JLCNY Lawsuit Imminent – But Not the One You Thought”

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    Binghamton Newspaper Censors JLCNY Lawsuit News

    Once again a glittering example of why mainstream media news sources, like the Binghamton Press & Sun-Bulletin, are dying. Fast. Because they simply ignore (suppress? censor?) news that doesn’t fit their own anti-drilling philosophy.

    You might think that an organization that boasts 70,000 members throughout New York State (the Joint Landowners Coalition of New York, or JLCNY) that has just sent a letter to the governor, the head of the Dept. of Environmental Conservation and the state health commissioner telling them they’re about to get sued (see our companion story today) might be newsworthy. Further, if the chief lawyer and the president of said group (representing 70,000 landowners) called a press conference to explain the upcoming lawsuit–you might think it would at least rate a paragraph or two in the local newspaper of record. Right? If you live in the Binghamton area, that answer would be–wrong…
    Read More “Binghamton Newspaper Censors JLCNY Lawsuit News”

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    Range Floats Plan to Use Drill Cuttings to Build Roads

    This one is sure to set the anti-frackers into a tailspin. Range Resources has applied to the PA State Dept. of Environmental Protection (DEP) to begin using drill cuttings (leftover rock and dirt that comes out of the ground) as an “aggregate” or material to build roads to drilling sites. There’s nothing wrong with drill cuttings, but sometimes there are low levels of radioactivity found in them–far below any kind of health threat. But we can see the headlines now: Radioactive Roads! Run for the Hills! Drillers Want to Poison Mother Earth! That’s how the shrill anti-fossil fuel lobby will try and spin this.

    We’re sure Range knows they’ve opened a can of worms with this one. Let’s see how it all plays out in the coming 60 days, the time period authorized by the DEP to receive public comments on the proposed plan…
    Read More “Range Floats Plan to Use Drill Cuttings to Build Roads”

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    The Secretive Ways of NYS Health Com. Nirav Shah

    It’s no secret that New York State Health Commissioner Nirav Shah is having his chain yanked by his boss, Gov. Andrew Cuomo, on the issue of hydraulic fracturing. The Health Department has been involved every step of the way with the Dept. of Environmental Conservation (DEC) over the past 5 1/2 years, evaluating proposed drilling regulations with an eye on whether there are so-called public health impacts and ramifications. But at the eleventh hour last year, Cuomo instructed Shah to do yet another review, and that review, which at one point Shah said was just “weeks away” from being completed, is still not done more than a year later. Why? Cuomo told him to slow it down. That’s the only explanation that makes sense.

    Recently Shah as quizzed about the process he’s using to “evaluate” fracking regulations and potential health impacts. Shah has been super secretive about what he’s up to. He’s gone on record saying the process he’s using should not be transparent as it’s being done–only at the end. Anti-drillers are as frustrated with him as pro-drillers. Both sides have sued Shah (for different reasons) and according to anti-drilling former Gannett reporter Tom Wilbur, Shah is about to be forced to reveal what he’s been up to…
    Read More “The Secretive Ways of NYS Health Com. Nirav Shah”

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    Anti-Drillers Target PA DEP Official for Elimination

    The anti-drilling long knives have come out for a mid-level PA Dept. of Environmental Protection (DEP) official because he dared to invest money in a mutual fund that buys energy stocks, investing in a PA driller (Cabot Oil & Gas, man knows a good thing when he sees it), and for an investment in a company that manufactures natural gas vehicle engines.

    Said official, Executive Deputy Secretary for Administration and Management Jeffrey Logan, has nothing to do with permitting or reporting or anything with the oil and gas end of the DEP’s business. There’s no “insider knowledge” he gets because of his position. But that’s OK–it’s time for a little anti-drilling bloodsport. Let’s shove him out on the stage in the limelight and begin target practice to see if we can bring him down…
    Read More “Anti-Drillers Target PA DEP Official for Elimination”

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    GreenHunter’s Wheeling Frack Wastewater Facility Hits a Snag

    GreenHunter Water, which is building a frack wastewater recycling (and potentially barging) facility in Wheeling, WV, has hit a snag. So far, it’s a pretty big snag. Last year the company received approval from the Wheeling Planning Commission to proceed with the plant, after initial resistance. So far, the WV Dept. of Environmental Protection (DEP) has not issued any permits because they won’t and don’t need to review the plant until it’s ready to start operating. Then they’ll visit and evaluate.

    However, the WV Dept. of Transportation’s Division of Highways (DOH) has rejected GreenHunter’s plan to have trucks with frack wastewater entering and exiting the plant. The DOH rejection happened last August and according to the DOH, they haven’t heard a thing from GreenHunter since…
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    Marcellus Gas Heading North: Canadian Pipeline Gets “Green” Light

    Seems like today is midstream day on MDN. Many of our stories revolve around pipelines and processing plants, including our lead about MarkWest (be sure to give it a read). Here’s an interesting story about a pipeline project in Canada that has a Marcellus tie-in. Enbridge Gas Distribution wants to expand their natural gas pipeline in the Toronto area, spending upward of C$686 million to do it. The “greens” of Canada (garden variety fossil fuel-hating anti-drillers) objected. The greens’ objection #1: If we just turn our thermostats down low, we won’t need the extra gas. The Ontario Energy Board said: Nope. Not buying that one. Objection #2: This pipeline will bring in that evil, nasty, fracked Marcellus Shale gas and kill us all because it pollutes water (in the U.S.) and releases fugitive methane into the atmosphere (global warming, heeelp!). Again, the Ontario Energy board said: Nope. Not buying that one either.

    Below is the full story about the pipeline. Embedded in it is the response by the calm, wise heads from the Ontario Energy Board to the greens, responding to them on the shale gas issue:
    Read More “Marcellus Gas Heading North: Canadian Pipeline Gets “Green” Light”

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    NY DEC Com. Martens Says No NY Fracking Until 2015 Earliest

    litigationIn what is sure to be a bitter disappointment to New York’s landowners, Dept. of Environmental Conservation Commissioner Joe Martens said yesterday in testimony to lawmakers that he’s not going to issue any permits for shale drilling before 2015. Unless, of course, he’s forced to by a court (see Norse Energy Sues Gov. Cuomo to Force Release of Fracking Regs). Martens’ comments came as he gave testimony about the DEC’s budget for the next fiscal year, which begins on April 1st. Martens is not including anything in the DEC budget for shale drilling oversight and told lawmakers it would be “extremely unlikely” that permits would be issued before the end of March 2015, hence no need to bulk up his budget for it.

    Are we surprised? Not really. The decision of whether or not to allow fracking in New York has been a political and not a scientific one for a long time now–we’d say for years. Gov. Andrew Cuomo continues to push off the decision–not Health Commissioner Nirav Shah, not Joe Martens, but Cuomo. Shah and Martens are just foot soldiers that do their master’s bidding. This latest revelation of no fracking until 2015 further validates landowners’ resolve in pushing forward with lawsuits on various aspects of the drilling issue at various levels of the court system. It’s now obvious we will have to litigate for our freedoms–or loose them forever…
    Read More “NY DEC Com. Martens Says No NY Fracking Until 2015 Earliest”