New York

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    NY Resident (& Lawyer) Sues DEC in Federal Court re Frack Ban

    In 2015 MDN told you about an Allegany County, NY attorney who had filed a lawsuit against the New York Dept. of Environmental Conservation (DEC) over their infamous frack ban. It was the first such lawsuit to be filed against the DEC since the frack ban was officially declared (see It’s Official: Cuomo Bans Economic Opportunity & Prosperity in NY). The lawsuit was filed in state Supreme Court in Allegany County. Don’t be fooled by the Supreme Court label. In screwed-up NY, Supreme Court is one level up from county court. The judge tossed the case saying the attorney/landowner didn’t have standing to file the lawsuit in the first place because he never had a permit to drill on his property. The Appellate Division upheld the decision against the attorney/landowner earlier this year. You see, in NY, everything is rigged–even our judicial system, where the judges want to protect their cushy jobs (appointed by our corrupt governor, Andrew Cuomo). The attorney/landowner from Allegany is back. This time he filed the same lawsuit in federal court–bypassing Cuomo-appointed judges. We have a copy of the 95-page complaint filed in U.S. District Court for the Western District of New York…
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    FERC Approves Millennium Pipe’s Eastern System Upgrade in NY

    The Millennium Pipeline stretches ~244 miles from Independence in Steuben County, NY to Buena Vista in Rockland County, NY. The Millennium, which is supplied by local production and storage fields and interconnecting upstream pipelines, serves customers along its route in New York’s Southern Tier region and helps meet the energy needs of northeast markets. In August 2016, the Millennium filed an application for what it calls its Eastern System Upgrade (see Millennium Pipe Asks FERC to Approve Eastern System Upgrade in NY). The ESU would add 7.8 miles of extra looped pipeline in Orange County, upgrade a compressor station in Delaware County, build a new compressor in Sullivan County and make some minor tweaks to metering stations in Rockland County. In late March the Federal Energy Regulatory Commission (FERC) issued a favorable environmental assessment for the project (see FERC Favorable EA for Millennium Pipeline Eastern System Upgrade). In what can only be described as completely out of character, the corrupt New York Dept. of Environmental Conservation (DEC) also approved the project, in early September (see NY DEC Grants Permit for Millennium Pipe Eastern System Upgrade). Yesterday FERC gave Millennium permission to begin construction on essentially all of the project, with one tiny exception…
    Read More “FERC Approves Millennium Pipe’s Eastern System Upgrade in NY”

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    Con Edison Looks for “Non-Pipes” Solution for More NatGas to NYC

    Only in New York State do you find this kind of lunacy. Yesterday Consolidated Edison (Con Ed), one of the nation’s largest investor-owned energy companies, announced a request for proposals (RFP) looking for an alternative to building a new pipeline to get more natural gas into New York City–where the gas is desperately needed. Yes, pipelines are the safest mode of transportation in existence. Yet Con Ed wants something less-safe. Why? They don’t say, but no doubt to avoid dealing with the increasingly violent enviro left that opposes anything to do with fossil fuels–particularly pipelines. In Con Ed’s RFP they throw out some helpful hints at what enterprising businesses might consider proposing: “energy efficiency” (i.e. turn the thermostat down); “beneficial electrification of space or water heating” (i.e. use electricity instead of natural gas for water heaters and heating your apartment); “demand response programs” (i.e. use less by shifting the time when you use the gas); “provision of biogas” (use biogas–cow farts–instead of filthy fracked gas). Dead last on the list: “distributed natural gas storage, CNG, or LNG”–if you *must* propose using natural gas, figure out how to get it into the city without a new pipeline. Use less-safe tanker trucks, or figure out how to store gas from existing pipelines. Most of Con Ed’s proposed solutions aren’t about getting more gas into NYC, they’re about using less gas overall. Yeah, only in New York…
    Read More “Con Edison Looks for “Non-Pipes” Solution for More NatGas to NYC”

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    Cuomo Shafts NY State Yet Again; Bans Oil Barge Storage on Hudson

    Freedom in New York State is all but gone–snuffed out by a corrupt dictator by the name of Andrew Cuomo. Warning to other states: Be careful who you elect in high office. Cuomo is not content to simply destroy the drilling industry in NY–he wants to destroy anything to do with fossil fuels. Crude oil from the Bakken in North Dakota has, for some time, arrived in New York’s capitol city of Albany via rail cars where the oil is loaded on barges at the Port of Albany for a quick trip down the Hudson River. Cuomo went after those rail shipments, trying to slow them down or stop them altogether (see NY’s “Progress” to Control Bakken Crude Trains Passing Through). Somehow those oil trains continue to roll into the Empire State, over the objections of Cuomo & company. The Port of New York/New Jersey, the American Waterways Operators, and the Hudson River Pilots’ Association floated a plan earlier this year to allow up to 43 barges filed with crude oil to temporarily anchor along a 70-mile stretch of the Hudson River, south of Albany, between Kingston and Yonkers NYC. The barges could add capacity and transport more oil down the river to NJ refineries than is currently possible. Yet enviro Nazis rose up and pressured the state legislature into passing a bill to (essentially) prohibit the oil barge plan. Cuomo gleefully signed the bill in October, cutting NY out of yet more commerce it could have had. All because of an irrational hatred of fossil fuels…
    Read More “Cuomo Shafts NY State Yet Again; Bans Oil Barge Storage on Hudson”

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    Plan to Frack Shale Well in New York State Using LPG Still Alive

    Whatever happened to the idea of fracking a shale well in Tioga County, NY using liquefied petroleum gas (LPG, or propane)? We sometimes get asked that question. In July 2015 a group of landowners flying under the name of The Snyder Farm Group (five families make up the group) contracted with Tioga Energy Partners (based in Texas) to drill a fracked Utica Shale well, and follow it up with drilling a fracked Marcellus Shale well, using LPG and sand (see NY Landowners File to Frack Horizontal Well w/Waterless Tech and NY Heroes: More Details on NY Propane Fracking Proposal). The wells would not use water for fracking–and therefore, according to the landowners, avoid New York’s ban on high volume fracking imposed by NY Gov. Andrew Cuomo. NY’s corrupt Dept. of Environmental Conservation (DEC) does not disagree with the Tioga landowners. It certainly *may* be possible to use LPG fracking and avoid the prohibition on water-based fracking. Yet the DEC continues its standard operating procedure of delay by declaring they don’t have enough information (we’ve seen this movie before). The last time we reported anything about the Tioga project was May 2016, when the DEC began its latest round of death-by-delay tactics (see NY DEC Calls Propane Fracking “Unique Technology”; Wants More Info). So where does the Tioga project stand now? Same. The DEC says they still don’t have all the answers they want about LPG fracking, leaving the project in limbo. But that’s better than declaring it dead–maybe. The good news is that after 2 1/2 years, the Tioga project is still alive because the farming families involved are still pushing for it have not given up. Neither should we…
    Read More “Plan to Frack Shale Well in New York State Using LPG Still Alive”

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    NY State Retirement Fund Invests More Money in Fracking Co.

    We found this story illustrative of the rank hypocrisy so prevalent in our beloved home state of New York. Even the most cursory follower of shale energy knows that our corrupt governor, Andrew Cuomo, decided to ban shale fracking in the Empire State in 2015 (see It’s Official: Cuomo Bans Economic Opportunity & Prosperity in NY). Since that time Cuomo has acted like the tin-pot, despot dictator he is, by moving to block pipelines coming into the state that carry fracked natural gas (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline and Cuomo’s Corrupt NY DEC Blocks NFG Northern Access Pipeline Permit). Cuomo recently lost one such battle, attempting to block a 7.8 mile pipeline from being built to a gas-fired electric plant in Orange County (see Millennium Begins Building 7.8 Mile Pipeline in Orange County, NY). Instead of using evil, filthy, vile “fossil fuels” like natural gas, Cuomo prefers to shower billions to his friends who promise they will bring solar and wind to the state. Cuomo has implemented a policy that demands 50% of New York’s electric supplies come from solar and wind by 2030–a delusional fantasy. The New York State Common Retirement Fund is the state’s ginormous pension fund for state workers (including public school teachers)–with some $140 billion of investments. Anti-drilling New York State Comptroller Thomas DiNapoli is the sole trustee in control of the fund, overseeing its investments. The fund invests in plenty of oil and gas companies–i.e. frackers–which we were once again reminded of when spotting a news clip that the Fund has just increased its holdings in PDC Energy–a shale fracker…
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    Millennium Begins Building 7.8 Mile Pipeline in Orange County, NY

    Last Thursday the the federal Second Circuit Court of Appeals ruled against the New York Dept. of Environmental Conservation’s (DEC) request to block of construction of Millennium Pipeline’s Valley Lateral Project (see Fed Court Denies NY DEC Bid to Block Power Plant Pipe Construction). As a quick reminder, Valley Lateral is a tiny, 7.8 mile pipeline in Orange County, NY that will connect the main Millennium pipeline to the CPV Valley Energy Center gas-fired electric plant, currently under construction. Even though there is still a court case hanging out there (DEC suing FERC) scheduled for a hearing in late January, we said this on Friday: “Construction will likely begin TODAY.” We were right. Millennium fired up the chainsaws and began cutting down trees along the pipeline’s future path, on Friday, the day after the court ruling. Millennium plans to have all trees cleared along the path of the pipeline by Dec. 31. This is a major victory for truth, justice and the American way…
    Read More “Millennium Begins Building 7.8 Mile Pipeline in Orange County, NY”

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    Fed Court Denies NY DEC Bid to Block Power Plant Pipe Construction

    Yesterday the federal Second Circuit Court of Appeals ruled against the New York Dept. of Environmental Conservation’s request to slap an ongoing block of construction for Millennium Pipeline’s Valley Lateral Project. As a quick reminder, Valley Lateral is a tiny, 7.8 mile pipeline that will connect the main Millennium line to the CPV Valley Energy Center gas-fired electric plant, currently under construction, due to be completed in the first quarter of next year. The DEC doesn’t like the power plant project (approved by the State of New York), and is using the pipeline as a political football to try and keep the plant from opening–no doubt at the direction of our corrupt governor, Andrew Cuomo. The DEC arbitrarily, after more than one year of review, ruled against issuing a federal water crossing permit for the pipeline. In an historic decision, the Federal Energy Regulatory Commission (FERC) overruled the DEC in September (see History Made! FERC Overrules NY DEC on Millennium Pipe Permit). The DEC, in a snit fit, demanded FERC not OK the beginning of construction until an army of DEC lawyers figures out a way to appeal, delay, obstruct and otherwise stop the project anyway (see NY DEC Appeals FERC Override of Millennium Pipe Decision). FERC didn’t listen to DEC, instead giving Millennium the go-ahead to begin construction (see FERC Humiliates NY DEC, Millennium Can Begin Construction on Pipe). NY sued FERC in federal court requesting an emergency stay of construction activities. The Second Circuit implemented a temporary stay. Yesterday the court dissolved that temporary stay and denied DEC’s request for a long-term stay until the full case against FERC is heard. Bottom line: Construction will likely begin TODAY…
    Read More “Fed Court Denies NY DEC Bid to Block Power Plant Pipe Construction”

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    Eagle’s Nest Latest Wrinkle in Building 7.8 Mile Pipe to NY Power Plant

    A bald eagle’s nest built in a pine tree near where a tiny 7.8 mile pipeline is supposed to pass in Orange County, NY is the latest wrinkle that threatens to stop the pipeline in the ongoing soap opera that is corrupt New York State. The pipeline is a short spur, an offshoot, from the nearby Millennium Pipeline. It will feed the Competitive Power Ventures (CPV) gas-fired electric generation plant currently under construction in Wawayanda. The CPV plant is due to be completed early next year. According to Millennium, if they don’t start construction (tree clearing) TODAY, Dec. 6, there is no way to get the pipeline done in time to feed the plant–and that may well drive CPV’s project into bankruptcy. The eagle’s nest is being used as an excuse by New York (and rabid antis) to try and block the pipeline from getting built. Here’s the latest episode in this ongoing soap opera…
    Read More “Eagle’s Nest Latest Wrinkle in Building 7.8 Mile Pipe to NY Power Plant”

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    Frenemies: Millennium & NY DEC Fight Riverkeeper on Pipeline Upgrade

    THE Delaware Riverkeeper herself is back with more of her overlord’s money to file yet another frivolous lawsuit against a pipeline project in New York State. In August 2016, Millennium filed an application for what it calls its Eastern System Upgrade (see Millennium Pipe Asks FERC to Approve Eastern System Upgrade in NY). The ESU would add 7.8 miles of extra looped pipeline in Orange County, upgrade a compressor station in Delaware County, build a new compressor in Sullivan County and make some minor tweaks to metering stations in Rockland County. DON’T confuse this with another story appearing today on MDN–Millennium building a NEW 7.8 mile pipeline to a power plant in Orange County. That’s a completely separate/different project from this one. Although the NY Dept. of Environmental Conservation (DEC) refused to grant a water crossing permit for the 7.8 mile pipeline to connect a power plant, in September the DEC granted the same type of permit for the 7.8 mile looping project, the ESU (see NY DEC Grants Permit for Millennium Pipe Eastern System Upgrade). Here’s the new news: Last week the Federal Energy Regulatory Commission (FERC) granted a final OK for the ESU. The even newer new news: Immediately following FERC’s approval, THE Delaware Riverkeeper filed a request for rehearing with FERC and at the same time filed a lawsuit against the DEC’s September water permit approval for the ESU project. Which puts Millennium and the DEC on the same team opposing Riverkeeper. In one case (the power plant pipeline project) Millennium and the DEC are bitter enemies, suing and countersuing. In this case, they’re frenemies–forced to work together to oppose the nutjobs from Riverkeeper…
    Read More “Frenemies: Millennium & NY DEC Fight Riverkeeper on Pipeline Upgrade”

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    Crestwood Scores Big Victory in Seneca Lake LPG Storage Project

    This news is a bit dated, but still important. Crestwood Equity (used to be called Crestwood Midstream) won an important court victory in September regarding its plan to build an LPG (liquefied petroleum gas, or propane) storage facility in depleted salt caverns in New York. In 2009 Inergy filed a request to convert a depleted salt cavern along the shore of Seneca Lake (in Schuyler County, NY, near Watkins Glen) into a propane/natural gas storage facility. Inergy was later bought by and merged into Crestwood Midstream, and Crestwood Midstream later renamed itself Crestwood Equity Partners. The New York Dept. of Environmental Conservation (DEC) has been sitting on its hands from the beginning, refusing to grant the necessary permits to allow the facility to open. Earlier this year Crestwood scaled back its plans, dropping natgas storage but keeping LPG storage (see Crestwood Drops Seneca Lake Natgas Storage Plan, Keeps LPG Plan). In September, a chief administrative law judge, part of the DEC, ruled against antis who are demanding ongoing, never-ending hearings about the project–a transparent tactic to continue the years-long delay in perpetuity. The judge said the DEC has all the evidence it needs to make a decision. Of course, the decision will get made by a radical anti who heads up the DEC–Basil Seggos (part of the National Resources Defense Council cabal that opposes all fossil fuel projects). So the project still has miles to go before it becomes reality. Perhaps insurmountable miles. But, let’s enjoy this major victory against antis, spun as a minor victory by profoundly biased “reporter” Tom Wilbur in the Binghamton Press & Sun-Bulletin…
    Read More “Crestwood Scores Big Victory in Seneca Lake LPG Storage Project”

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    Marcellus/Utica Gas Soon Heading to Canadian Capital of Ottawa

    Iroquois Gas Transmission System is a natural gas pipeline that brings gas from eastern Canada to the New York City area. It is owned by TransCanada Corporation, Dominion Resources, KeySpan Corporation, New Jersey Resources Corporation, and Energy East Corporation. There have been plans, for years, to connect the Constitution Pipeline to the Iroquois and flow Marcellus/Utica gas to Canada by converting Iroquois to be bidirectional. As we all know, the Constitution has been stalled since 2014 because of the corrupt State of New York blocking it. There’s still hope that Constitution will get built. In October they asked the Federal Energy Regulatory Commission to override the New York and allow the project to proceed (see Constitution Pipeline Asks FERC to Override NY DEC). Iroquois is no longer waiting on the Constitution. They’ve pushed forward and recently Canada’s National Energy Board (NEB) voted to approve changing the Iroquois on their side of the border to be bidirectional, allowing Marcellus/Utica gas to begin flowing into Ontario–eventually all the way to the capital city of Ottawa by hitching a ride on TransCanada’s pipeline network. How cool is that? Marcellus/Utica gas supplying the capital of Canada. A report by the Ontario Energy Board says Marcellus/Utica gas is projected to supply up to 74% of Ontario’s natgas demand!…
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    Old Hippie/Actor James Cromwell “Escorted Out” of FERC Meeting

    James Cromwell as Zefram Cochrane in Star Trek: First Contact

    Wealthy, old, has-been actor and Manhattanite James Cromwell has a summer playground home in Upstate New York–in Orange County. When he bought his Upstate home he certainly didn’t think a natural gas-fired power plant would be built nearby. That’s like a script from a “B” movie! But such a thing happened. Cromwell, in case you don’t know, is famous for starring in movies like “Babe” and “Star Trek: First Contact.” When Cromwell learned that an electric generating plant that burns evil fossil fuels (natural gas) would be built near his summer home, he thought he would do what all Hollywood stars think will work–shut the project down by protesting. It just has to work because, you know, he’s famous. What a dope. After initial court challenges went nowhere, CPV (Competitive Power Ventures) began building the $900 million Valley Energy Center project in Wawayanda, NY (see Orange County, NY Marcellus-Fired Electric Plant OK’d by Judge). In December 2015, Cromwell and a few star-struck sycophants got themselves arrested for illegally blocking the entrance to the construction site (see Actor James Cromwell Arrested Protesting NY Power Plant Site). The wheels of justice grind slowly, but finally, two years later, the “Wawayanda Six,” as they call themselves, were found guilty and ordered to pay a fine. Some of the six did, but Cromwell and a few others refused. So he was given a one week jail sentence. Cromwell ended up serving just a few days. Being white and famous has its privileges (see “Privileged White” Actor Cromwell Serves < Half of Jail Sentence). Since Cromwell and his sycophants couldn’t stop the plant from getting built, they changed tactics. They thought they could stop a pipeline from getting built to feed the plant natural gas. The Federal Energy Regulatory Commission (FERC) saw through that one and moved forward at a recent meeting to allow the Valley Lateral Project (a short 7.8 mile pipeline) to begin construction. Cromwell and a fellow jailbird from Wawayanda (Pramilla Malick) went to to the FERC meeting and disrupted the meeting by standing and chanting “FERC doesn’t work.” Catchy. Security had to escort them out…
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    Michelle Hook: NatGas Missionary in Hostile Territory (New York)

    We live in a different world here in New York State–MDN’s beloved, lifelong home state. We suppose it’s like living in East Germany just after The Wall was built. Our wall is not physical but political. Even so, it’s just as real. Our state has become something of a socialist/Communist dictatorship. Our Constitutional property rights have been stripped away. Some private companies are actively opposed and frustrated by our governor, who then turns around and doles out taxpayer money to other private companies who are his cronies. We have no shale drilling, and no prospect of it until Cuomo is voted out of office. He’s even taken to stopping pipelines. Fortunately some pipelines, like the Millennium, were built before Cuomo caught the green fever. However, if you try to expand existing pipelines, say by running a 7.8 mile spur to an electric power generating plant that’s almost built, Cuomo will try and stop you. He’s like a hostile war lord in a third-world country. A tinpot dictator. Operating a pipeline in such a climate is not easy. It brings to mind stories of missionaries who put their own lives at risk to travel to hostile lands to bring religion to the heathen–whoops, to the indigenous population. One such pipeline missionary operating in New York is Michelle Hook, director of public relations for the Millennium Pipeline Company. How does Michelle do it, without going crazy?…
    Read More “Michelle Hook: NatGas Missionary in Hostile Territory (New York)”

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    XNG Virtual Pipeline Defends Itself Against Antis in Otsego Co. NY

    Earlier this year Xpress Natural Gas (XNG) spent $18.6 million to build a “virtual pipeline” facility in Susquehanna County, PA that employs ~90 people and loads up to 100 compressed natural gas (CNG) tanker trucks each day with PA Marcellus gas, for deliveries to customers across the Northeast and Mid-Atlantic states (see Major CNG Virtual Pipeline Coming to Susquehanna County, PA). Many of XNG’s trucks (40 per day) head up Interstate 81, catch Interstate 88 in the Binghamton area, and keep on going, eventually arriving in Herkimer County where the trucks unload the gas into the Iroquois Pipeline. Iroquois gets up to 50 million cubic feet per day (MMcf/d) from XNG’s trucks, using it for resale to customers further on down the pipeline in New York and New England (see XNG Virtual Pipe Delivering 50 MMcf/d of PA NatGas to NY Pipeline ). However, some residents in Upstate NY, in Otsego County (we suspect the same anti-fossil fuel nutters who lobbied to ban fracking and ban new pipelines) are up in arms with XNG’s daily truck trips. In order to shave miles and money from having to use Interstate 90 (NY Thruway with big tolls), XNG instead leaves I-88 and uses several state highways, routing the trucks through small towns. An eyewitness who lives along the route emailed MDN back in September said, “these [XNG drivers] are very considerate to the speed limits in the small towns they go through, I think these drivers are well disciplined…(maybe disciplined is not the right word) and the trucks are very quiet.” However, a group of antis turned up at a meeting last Thursday night in Otsego County to gripe and moan about the truck traffic. They don’t want fracking. They don’t want pipelines. And now they don’t want trucks hauling natural gas coming past their front door. Maybe they should just quit using all fossil fuels themselves and begin living like cavemen again?…
    Read More “XNG Virtual Pipeline Defends Itself Against Antis in Otsego Co. NY”

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    NFG and NY DEC Go At It in Federal Court Over Pipeline Rejection

    Last week lawyers for National Fuel Gas Company and the New York Dept. of Environmental Conservation (DEC) were in federal court doing battle over the DEC’s arbitrary and capricious rejection of an important Marcellus pipeline project. Three years ago NFG proposed and filed to build the Northern Access Pipeline project–a $455 million project includes building 97 miles of new pipeline along a power line corridor from northwestern Pennsylvania up to Erie County, NY. The project also calls for 3 miles of new pipeline further up, in Niagara County, along with a new compressor station in the Town of Pendleton. The Federal Energy Regulatory Commission (FERC) granted final approval for the project in February of this year (see NFG’s Northern Access Pipe in NY/PA Gets FERC Approval). However, in April of this year, the DEC ruled against granting the project stream crossing permits, effectively killing it, at least for now (see Cuomo’s Corrupt NY DEC Blocks NFG Northern Access Pipeline Permit). In April, NFG sued the DEC in the Second Circuit of the U.S. Court of Appeals to overturn the denial (see NFG Sues NY DEC in Fed Court re Northern Access Pipe Rejection). That case was argued last week before a panel of three judges from the Second Circuit…
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