Regulation

Industrywide Issues | Lease & Royalty Payments | Pennsylvania | Regulation | Statewide PA

PA Republicans Introduce 4 Royalty Bills, Mea Culpa?
October 9, 2013October 9, 2013

A new PA law was supposed to give leased landowners whose property has had drilling more protections with respect to royalties, but instead ended up harming some landowners who are not leased by allowing forced pooling of their land–weakening their bargaining position (see PA Gov Corbett Signs Back-Door Forced Pooling Bill into Law). PA landowners in general and the National Association of Royalty Owners (NARO), PA chapter in particular were not pleased with the new law. Perhaps in an attempt to get back into the good graces of PA landowners, several Republican state lawmakers whose districts are in the Marcellus Shale have introduced a plethora of new bills to protect royalty interests of landowners.

A group of four House Republicans, led by Rep. Garth Everett (R-Lycoming County), recently introduced House Bill 1684, which seeks to clarify state law regarding the minimum royalty payment for landowners so that the deduction of post-production costs from unconventional wells may not result in royalty payments less than the guaranteed minimum. On the Senate side, Sen. Gene Yaw, whose district covers many of the northeastern PA drilling counties, introduced a series of three companion bills to HB 1684. It seems the Republicans can’t do enough now to help out leased landowners…
Read More “PA Republicans Introduce 4 Royalty Bills, Mea Culpa?”
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA Former Sec. Krancer: Frack Moratorium “Worse than Misguided”
October 8, 2013October 8, 2013

MDN editor Jim Willis had the great pleasure of meeting and speaking with former PA Dept. of Environmental Protection (DEP) Sec. Michael Krancer at Shale Insight 2013 a few weeks ago. Jim doesn’t mind telling you what he told Sec. Krancer to his face: “I’m a huge fan!” Krancer did some great work at the DEP during his too-short tenure. Since then, Krancer has moved on to private practice in Philadelphia, working on energy law for powerhouse law firm Blank Rome.

Sec. Krancer minces no words, which is what we love about him. He’s also extremely smart. And, he’s no fan of recently introduced legislation by PA Sen. Jim Ferlo who wants to ban fracking in Pennsylvania–Ferlo calls it a moratorium but it’s “open-ended,” meaning it’s really a ban (see PA Dems Go Over the Cliff – Introduce Statewide Frack Ban Bill). Krancer penned a devastating rebuttal to Ferlo’s bill and indeed to obtuse anti-fossil fuel advocates throughout Pennsylvania. Sec. Krancer sent along a copy of his sterling piece, first published on the Law360 website, with permission for MDN to distribute it far and wide. Forthwith, from the sharp pen of Sec. Krancer…
Read More “PA Former Sec. Krancer: Frack Moratorium “Worse than Misguided””
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Sullivan County

Debra Winger: Vote Early & Vote Often – Against Fracking in NY
October 8, 2013October 8, 2013

Hollywood actress Debra Winger, who not only has an apartment in New York City but owns a “farm” in Sullivan County, NY (Upstate for the uninitiated), is on a mission. Her mission is to get her other Hollywood and Downstate pals that also own a place in Sullivan County to register to vote there. Register once? Register twice? We’re not sure she’s advocating voter fraud (although she may be).

Winger wants Downstaters to register to vote in Sullivan County so they can pack local town boards with anti-drillers–just in case Gov. Andrew “Spineless” Cuomo suddenly grows a spine and allows shale drilling…
Read More “Debra Winger: Vote Early & Vote Often – Against Fracking in NY”
Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

NY Frack Ban Cases Make (Glacial) Progress, Some Dates to Share
October 7, 2013

In August MDN told you that New York’s highest court, the Court of Appeals, would hear the twin cases of Dryden and Middlefield (see BREAKING: NY Court of Appeals will Hear Dryden/Middlefield Case). There are two things that keep shale drilling away from New York right now: (1) Gov. Andrew Cuomo’s spineless inability to take a stand and do the right thing to allow it, and (2) the Dryden/Middlefield cases. MDN believes the court cases are the more important of the two. Cuomo will come around sooner or later–he has to. However, if the court says a majority vote from a local town board can ban fracking thereby denying property rights for landowners throughout an entire township–that’s the death knell for drilling in New York. No sizable driller will gamble with hundreds of millions in lease money to see a local town simply vote to shut it all down. Too risky. (For our analysis of the New York situation, see the post: Anti-Drillers Attempt a Brave Face with NY Appeals Court Decision.)

So the Dryden/Middlefield cases are of supreme importance in the fight for property rights and to allow drilling for New York’s landowners. What’s the latest in those all-important cases? They’re moving along at the speed of a glacier–but at least we now have some dates to share…
Read More “NY Frack Ban Cases Make (Glacial) Progress, Some Dates to Share”
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA | Susquehanna County

Gasland II Starlet Leaves Anti-Drilling Behind, Adopts “Realism”
October 7, 2013October 7, 2013

What’s this…one of the stars of Gasland II, someone who trash-talked the shale drilling industry in Dimock, PA has changed sides? Yep. Well, sort of. Victoria Switzer has given up what she calls “tunnel vision” and has adopted “realism.” She says, “Realism is good.” She no longer calls for a halt to drilling in PA and instead wants to ensure it’s done safely–by working with industry and regulators. Welcome to logic and sanity! Glad to have you on our side.

Watch out Josh Fox: Switzer is not the only former anti-driller now whistling a different tune…
Read More “Gasland II Starlet Leaves Anti-Drilling Behind, Adopts “Realism””
Delaware County | Energy Services | Industrywide Issues | Millennium Pipeline | New York | Pipelines | Regulation

Millennium Pipeline Gets FERC Approval for Hancock, NY Compressor
October 4, 2013October 4, 2013

The Millennium Pipeline is a major northeastern natural gas transmission pipeline that starts in Steuben County, NY, runs along the center/bottom of the state (an area called New York’s Southern Tier) and angles down through the Catskill Mountains toward New York City, ending in Rockland County, NY. If you know anything about the geography of New York, it roughly parallels State Route 17 (in parts now called Interstate 86). The Millennium runs close to where MDN sits, not far from Binghamton. It handles an increasing amount of Marcellus Shale gas and is one of the important ways Marcellus gas gets to market.

Just down the road about 33 miles from MDN is a little town called Hancock, NY–in Delaware County. The Millennium runs by Hancock. The company previously filed a request with the Federal Energy Regulatory Commission (FERC) to build a new compressor plant near Hancock, at a location called Hungry Hill. The Millennium wants to install a single 15,900 horsepower compressor engine to increase pressure and throughput of gas in the pipeline as it flows through Delaware County. A compressor at Hungry Hill would add 107,500 thousand cubic feet per day of additional capacity to the pipeline. FERC has just green lighted the project…
Read More “Millennium Pipeline Gets FERC Approval for Hancock, NY Compressor”
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Regulation

MA Dems Propose Frack Ban on Non-Existent Shale Drilling – Duh!
October 4, 2013October 4, 2013

Anti-drilling nutters in Massachusetts have introduced legislation to ban fracking in the state, even though there’s no frackable shale to be found. Why do it? To make a political statement, of course. Symbolism over substance reigns supreme in the Bay State controlled by you-know-which political party.

So, you might expect the following editorial that strongly criticizes said politicians for proposing a frack ban bill, and criticizing the state for supporting alternative energy sources only (sources that require huge infusions of taxpayer money to make them work), to be an editorial penned by MDN. Or perhaps from a Tea Party organization. But, you would be wrong. The strongly-worded editorial below is from none other than the editors of the Boston Herald…
Read More “MA Dems Propose Frack Ban on Non-Existent Shale Drilling – Duh!”
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Litigation | Ohio | Regulation | Statewide OH

Muskingum Watershed Taken to Court by Anti-Frackers (Yawn)
October 3, 2013October 3, 2013

MDN has long chronicled the Muskingum Watershed Conservancy District’s (MWCD) challenges with selling a relative thimble-full of its vast water supplies to Utica Shale drillers. Not only are they now selling water, they’ve leased a good number of acres for drilling–some of it under lakes and reservoirs. That really ticks off the eco-nuts.

Anti-frackers have thrown tantrums and have done their darnedest to stop the MWCD from allowing drilling and from selling water to frackers–for a time they even bullied them into a retreat (see Muskingum Watershed Reverses Decision to Sell Water to Drillers)–but ultimately the anti-frackers have failed. So now it’s off to court to see if they can convince a liberal judge somewhere to put the breaks on progress in Ohio…
Read More “Muskingum Watershed Taken to Court by Anti-Frackers (Yawn)”
Chesapeake Energy | Columbiana County | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Mahoning County | Ohio | Regulation

Salem, OH Votes Down Ordinance to Restrict Drilling in City
October 2, 2013October 2, 2013

In July 2012, the city of Salem, OH signed a lease with Chesapeake Energy to allow drilling on 381 acres of city-owned land (land outside city limits). Terms of the lease: $7,000 signing bonus and 20% royalties (see Salem, OH to Sign Lease Deal with Chesapeake for $7K+20%). It probably wouldn’t send the right signal to turn around and pass a law that would prevent drilling inside city limits after signing a lease and accepting millions of dollars. Yet, such a law was under serious consideration by Salem City Council.

Tuesday night, City Council wisely chose to vote down a proposed zoning amendment that would have prevented drilling inside city limits…
Read More “Salem, OH Votes Down Ordinance to Restrict Drilling in City”
Energy Services | Industrywide Issues | Pipelines | Regulation | Williams

Williams Asks FERC to Approve $610M Transco SE Pipeline Expansion
October 1, 2013October 1, 2013

Previously MDN told you that Williams was holding an “open season” to gauge interest in expanding capacity on their Transco pipeline system to carry cheap Marcellus and Utica Shale natural gas from the northeast to the southeast (see Open Season to Expand Transco Pipeline in PA Marcellus). Drillers didn’t waste any time and the project is now “fully subscribed”–meaning all of the new increased capacity is now spoken for. So yesterday, Williams made a formal application to the Federal Energy Regulatory Commission (FERC) to expand the Transco–a project they call the Leidy Southeast expansion project.

Williams plans to spend $610 million, which includes laying 30 miles of new pipeline and upgrading compressor plants along the way…
Read More “Williams Asks FERC to Approve $610M Transco SE Pipeline Expansion”
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Ohio | Regulation | Statewide OH

OH Antis Force Change in Chemical Reporting, Everyone Less Safe
September 30, 2013September 30, 2013

Ohio’s anti-drillers, in their zeal to needle the drilling industry, have just put everyone who lives near active drill sites at more risk than they once were. Following state law, drillers (until now) have filed a list of the chemicals they store and use for fracking with the Ohio Department of Environmental Resources (ODNR). Local first responders–police and firefighters–could then electronically retrieve that information from the ODNR website for any given well if an incident occurred, like a fire. But anti-drillers asked the federal government to intervene and that has now happened. The feds have said drillers must file paperwork listing the chemicals stored and used directly with local counties and municipalities.

Now, firefighters will have to haul out a paper file from some filing cabinet and rifle through it if there’s any kind of emergency–instead of using the much faster online version from ODNR. Congratulations Ohio anti-drillers! You’ve just made everyone in Ohio more unsafe…
Read More “OH Antis Force Change in Chemical Reporting, Everyone Less Safe”
Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA DEP’s O&G Division Gets High Marks from Independent Review
September 30, 2013September 30, 2013

An independent, third-party peer review organization–State Review of Oil and Natural Gas Environmental Regulations, Inc.–has given the Pennsylvania Dept. of Environmental Protection’s (DEP) Office of Oil and Gas Management a very close examination. What did they find? They found it to be “proficient” and “ready to address the increase in oil and gas operations in Pennsylvania.” The review gave the DEP high marks for the actions they’ve taken (and new regulations instituted) over the past two years under Gov. Tom Corbett.

DEP Acting Sec. Chris Abruzzo said this independent review proves that PA’s world class shale drilling is matched by world class oil and gas management and regulations…
Read More “PA DEP’s O&G Division Gets High Marks from Independent Review”
Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA | XTO

Exclusive: MDN Interviews PA DEP Sec. Chris Abruzzo
September 27, 2013September 27, 2013

MDN became aware that newly nominated (and currently Acting) Secretary of the PA Dept. of Environmental Protection, Chris Abruzzo, would be attending Shale Insight 2013. So we requested an interview with the Secretary, and he obliged! To our knowledge, we were the only media interview he granted during a brief walking around the show visit on Wednesday.

MDN editor Jim Willis asked Sec. Abruzzo some tough questions, including his take on the PA Attorney General’s criminal lawsuit against XTO (see PA AG Abuses Her Authority, Files Criminal Charges Against XTO); his biggest challenge since holding the office in April; how he responds to the charge that the DEP is sometimes too cozy with the drilling industry; an update on the DEP’s study of air quality near drilling sites and compressor stations (see DEP Marcellus Air Study in SW PA Extended Extra Half Year); and his response to John Hanger (former Secretary of the DEP) about his remarks that Abruzzo’s appointment was “bizarre and irresponsible”…
Read More “Exclusive: MDN Interviews PA DEP Sec. Chris Abruzzo”
Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Soil | Statewide PA | Wastewater

Pittsburgh Water-Testing Lab’s Certification Pulled, $60K Fine
September 27, 2013September 27, 2013

We don’t know if any Marcellus drillers in Pennsylvania were previously using Pittsburgh-based Microbac Laboratories to test water or soil for drilling purposes–but we do know they aren’t using them now. The PA Dept. of Environmental Protection (DEP) investigated Microbac and found 50 violations at their Baltimore, Maryland lab. Microbac has voluntarily relinquished its accreditation and will pay a $60,000 fine. Ouch. They will also pay to have an independent third-party audit (i.e. someone will come in and tell them what they’re doing wrong)…
Read More “Pittsburgh Water-Testing Lab’s Certification Pulled, $60K Fine”
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PennEnvironment Supports PA Dem Frack Ban Bill, Gins Up Report
September 25, 2013September 26, 2013

Editor’s Correction: We slipped up! The original version of this story contained a headline and introduction (below) that said PennFuture was the organization that issued the report. It was not. It was PennEnvironment. Our sincere apologies to PennFuture.

###

In a pathetic attempt to give political cover to their anti-drilling collaborators in the PA legislature, yesterday anti-drilling group ~~PennFuture~~ PennEnvironment issued a so-called report that demands that Pennsylvania turn the lights out on fracking for shale gas–at least for now and the foreseeable future–until…we don’t know, just until. Until they say so.

Last week MDN told you about PA Democrats who decided to leap over the cliff hoping a net (of public support) would appear by introducing legislation to ban fracking in the state (see PA Dems Go Over the Cliff – Introduce Statewide Frack Ban Bill). Thunk. No net appeared and the Dems now face annihilation at the next election. So ~~PennFuture~~ PennEnvironment is attempting to throw out a lifeline with a ginned up “report” that supports a loony frack ban…
Read More “PennEnvironment Supports PA Dem Frack Ban Bill, Gins Up Report”
Energy Services | Industrywide Issues | Pennsylvania | Regulation | TerrAqua Resource Mgmt | Washington County | Wastewater

TerrAqua a Half Step Closer to New Frack Wastewater Facility
September 25, 2013September 25, 2013

TerrAqua Resource Management wants to build a new frack wastewater recycling/treatment plant in Smith Township, Washington County, PA (see Hearing on Proposed TerrAqua Wastewater Recycling Facility in PA). A public hearing was held Monday night, which moves TerrAqua one step closer to gaining permission.

However, the Smith Township public hearing was not without its bumps for TerrAqua…
Read More “TerrAqua a Half Step Closer to New Frack Wastewater Facility”