FERC Chairman Says Court “Erred” in Vacating Transco REAE Cert

The D.C. Circuit Court of Appeals issued a decision in late July vacating (nullifying) the Federal Energy Regulatory Commission’s approval of Transco’s Regional Energy Access Expansion (REAE) project to bring gas from Pennsylvania to New Jersey and Maryland (see DC Circuit Libs Reverse FERC Approval of Transco Northeast Expansion). At a FERC open meeting yesterday, FERC Chairman Willie Phillips (a Democrat!) said, “I want to make clear that I think the court erred in vacating our authorization.” However, Phillips said that decision and one other will force FERC to rethink how it reviews gas infrastructure projects moving forward.
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In a statement issued last week, the North American Electric Reliability Corporation (NERC) said it “remains concerned about maintaining sufficient natural gas supplies to address extreme winter conditions” for this upcoming winter heating season. In a “Statement on Criticality of Natural Gas this Winter” (full copy below), NERC noted that next month marks the one-year anniversary of the FERC/NERC/Regional Entity staff report on Winter Storm Elliott—a wide-area extreme cold event that affected states in the Eastern Interconnection from Georgia to Maine and from Nebraska to Pennsylvania. The primary cause of that almost-outage was, says NERC and the report, reduced production (freezeoffs) at Marcellus/Utica wells.
Toby Rice, CEO of EQT Corporation, currently the largest natural gas producer in the U.S., spoke yesterday at the Gastech event in Houston. Rice expressed his view that the Henry Hub price for natural gas will remain below $3/MMBtu “in the short term.” He also had thoughts on how long companies like his will continue to curtail natgas production. Rice said curtailments will “ease by next year” when more LNG exports begin to pick up. Said another way, Rice expects to continue holding back at least some supply for the balance of this year. 

Yesterday, the Pennsylvania Senate approved Senate Bill (SB) 1058 that would repeal the state’s participation in the so-called Regional Greenhouse Gas Initiative (RGGI), an illegal carbon tax enacted via executive order by then Gov. Tom Wolf in 2019 (see
In February, the Ohio Oil & Gas Land Management Commission (OGLMC) met to award contracts to drill under (not on) several Ohio state parks, including 5,700 acres of the 20,000-acre Salt Fork State Park in Guernsey County (see
The radicalized Environmental Defense Fund (EDF), in partnership with the equally radicalized Moms Clean Air Force (MCAF), is joining forces with the Pennsylvania Department of Environmental Protection (DEP), the U.S. Department of Energy (DOE), and (very oddly) McGill University, which is located in Montreal, Quebec (Canada) to launch a project to identify and “facilitate remediation of” orphan and abandoned oil and gas wells across Western Pennsylvania. The group will fly specially outfitted drones about 100 feet above ground in Clarion, Venango, and McKean counties in western PA to try and identify and catalog orphaned and abandoned oil and gas wells.
In yet another attempt to deflect attention away from Kamala Harris’ extreme position on fracking (she wanted to ban it completely everywhere in 2019), mainstream news continues to publish stories on other Pennsylvania energy topics. For example, yesterday, the New York Times published a story with this headline: “Big Energy Issue in Pennsylvania Is Low Natural Gas Prices. Not Fracking.” We forced ourselves to read it all the way through. We “took one for the team,” so you won’t have to. The story started out fine and made some legitimate points. The NYT article is (more or less) right as far as it goes. The problem is that the article doesn’t go far enough. It stops with only half of the story told. Here at MDN, we tell you the whole story—all of the facts, not just some of the facts.
In September 2019, the Federal Energy Regulatory Commission (FERC) gave its blessing to Eagle LNG to build a small LNG export facility project at a site on the St. Johns River in Jacksonville, Florida (see
A group of 10 Republican U.S. Senators, led by the great Ted Cruz (from Texas), have introduced a new bill titled “The Safe and Secure Transportation of American Energy Act.” The proposed law expands criminal penalties to cover vandalizing, tampering with, or disrupting the operations or construction of a pipeline. The Senators say current laws criminalize eco-terrorism and the destruction of infrastructure but don’t go far enough and don’t have “enough teeth” when it comes to acts disrupting the operation or construction of a pipeline. Like the situations we saw with protesters constantly delaying the construction of the Mountain Valley Pipeline in Virginia.
We spotted a report about an aboveground pipeline that flows shale wastewater that sprung a leak and released an estimated 12,600 gallons of brine (salty water from deep below the surface) on the ground in Gilmore Township, Greene County, PA. The pipeline is owned by EQM Gathering, another name for Equitrans Midstream, which is now owned by EQT. The leaking pipeline connects to the Trust Well Site owned by EQT. It sure sounds like a serious spill (12,600 gallons) with the potential to contaminate local water supplies—until you dig into the state Dept. of Environmental Protection’s (DEP) report on the incident.
A couple of interesting developments with the Susquehanna River Basin Commission (SRBC), which, unlike its dysfunctional cousin, the Delaware River Basin Commission (DRBC), the SRBC continues to allow water withdrawals to supply water for shale fracking in northeastern Pennsylvania. The first development is that over the weekend (on Saturday), the SRBC Hydrologic Conditions Monitor showed low stream flows in some areas that triggered water withdrawal restrictions for water users, including seven shale gas water withdrawal locations (most of them for driller Repsol). The other development is that two days earlier, on Thursday, the SRBC approved new water withdrawal requests for 22 new projects, including eight from shale drillers! 
According to Pennsylvania regulation 25 Pa. Code § 78a.122(b)(6)(iv), a drilling company must provide a list of the chemicals intentionally added to the stimulation [fracking] fluid by name and chemical abstract service (CAS) number in a Completion Report. The PA Department of Environmental Protection (DEP) says Apex Energy failed to provide that information on its reports for 37 shale wells in Westmoreland County drilled between March 20, 2018, and February 17, 2024. The DEP issued a NOV (Notice of Violation) to Apex on Sept. 9.
It’s really fascinating to watch this presidential election. Yes, we’ve promised to try and keep the politics to a minimum, but we must report on things we notice that have the potential to affect the shale drilling industry in general, and the Marcellus/Utica in particular. Here’s an issue we cannot keep silent about. As we’ve pointed out repeatedly, Kamala Harris hates fossil fuel energy and wants to eliminate it. She told a CNN moderator in 2019 that she favors “a ban on fracking.” Period. For the entire country. Yet now, because she must win Pennsylvania in order to win the race, she professes she is against a ban on fracking (see