New York

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    NG Advantage Looks Beyond Fenton, NY to Build Virtual Pipeline

    In a sad postscript, it appears that NG Advantage, which had once hoped to establish a virtual pipeline operation (compressing natural gas from the Millennium Pipeline) in the Town of Fenton (suburb of Binghamton), has finally given up on building the project in Fenton and is instead looking elsewhere. At least that’s our impression based on a couple of sources. We have no confirmation nor comment from NG–so this is purely our own speculation. However, a local television station in Binghamton recently noticed that NG is loading pipes onto a trailer, moving them out of the former construction site. The Town of Fenton Zoning Board of Appeals (ZBA) ruled in February that the facility does not qualify as an allowed use under existing zoning regulations (see NG Advantage Loses Zoning Vote for Virtual Pipe Near Binghamton). The Fenton Town Board is in no mood to overrule the ZBA decision, according to Suervisor Dave Hamlin. Case closed–unless NG plans to sue the town to recover costs, or try to force the issue of building the plant–which we don’t see happening. At any rate, MDN has heard scuttlebutt around the virtual water cooler that NG is looking at several other locations–in and out of Broome County. It would be a tremendous loss for Broome if NG locates outside the Greater Binghamton area. Meanwhile, MDN continues to spot XNG trucks (from a virtual pipeline in Susquehanna County, PA) passing through the Vestal, NY area–through densely populated centers–each and every day. They are the very same kind of trucks NG had proposed to use in Fenton. Yet not a peep about the XNG trucks that pass through our community…
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    NY DEC Files Response re Constitution Pipe Case @ Supreme Court

    There’s a number of threads to the ongoing saga of Constitution Pipeline, a $683 million, 124-mile pipeline from Susquehanna County, PA to Schoharie County, NY to move Marcellus gas into New York State and from there, into New England. The Andrew Cuomo-corrupted NY Dept. of Environmental Conservation (DEC) refused to grant the pipeline necessary federal stream crossing permits, blocking construction, in April 2016 (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). Constitution filed an appeal of the DEC’s arbitrary and capricious decision with the U.S. Court of Appeals for the Second Circuit, asking the court to overturn DEC’s decision. Unfortunately the Second Circuit refused (see Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?). So Constitution appealed the Second Circuit’s rejection to the U.S. Supreme Court in January (see Constitution Pipeline Appeals NY Fight Directly to U.S. Supreme Court). The Supremes have not yet agreed to accept the case. Hoping to head off a decision to hear the case, the DEC filed a brief last week with the Supreme Court to say Constitution Pipeline has “misread” the Second Circuit’s decision,  claiming the DEC was well within their rights to issue the rejection…
    Read More “NY DEC Files Response re Constitution Pipe Case @ Supreme Court”

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    Antis Use Corruption Trial Verdict to Challenge NY Gas Power Plant

    In September 2016, MDN brought you the sad news that the former head of external affairs and government relations for Competitive Power Ventures (CPV), Peter Kelly, was indicted for bribing New York Gov. Cuomo’s long-time top aide Joseph Percoco to get state approvals for CPV’s $900 million Valley Energy Center natural gas-fired electric generating plant in Orange County, NY (see NY NatGas-Fired Electric Plant an Inside Job for Corrupt Cuomo Aide). Both Kelly and Percoco, along with a third person, Todd Howe (lobbyist who used to work for Cuomo) were indicted. The trial was recently held and a few weeks ago the verdicts came in: Both Percoco and Howe, the people close to Cuomo, were convicted. The jury could not decide on CPV’s Kelly–so Kelly skated. While the entire sordid affair is interesting for those of us who smell the foul stench of corruption that surrounds Andrew Cuomo, and while the trial and its result is interesting to MDN because of the gas-fired CPV project in Orange County, the reason we’re bringing it to your attention is because antis are using the Percoco/Howe convictions in the case to try and shut down the now-completed CPV Valley Energy Center project, claiming the plant would have never been approved without bribes and corruption…
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    Empire Pipe Plans 2 Compressors in PA & NY to Move Marcellus Gas

    Click image for larger version

    Empire Pipeline, the midstream (pipeline) subsidiary of National Fuel Gas Company (based in Buffalo, NY), earlier this month filed an application with the Federal Energy Regulatory Commission (FERC) to build two new compressor stations along the Empire Pipeline–one in Tioga County, PA, the other in Ontario County, NY. Without building any new pipeline, the addition of these two compressor stations will allow an extra 205,000 dekatherms per day (or 205 million cubic feet/day) of PA Marcellus gas to flow through the Empire Pipeline system. The project, called Empire North Project, will provide much-needed natural gas for Upstate NY and Canada. It will also connect to the Tennessee Gas Pipeline, so who knows? Maybe some Marcellus molecules will find their way into New England too. The gajillion dollar questions is, will the Andrew Cuomo-corrupted NY Dept. of Environmental Conservation try to stop this project as they have just about all other Marcellus-to-NY projects?…
    Read More “Empire Pipe Plans 2 Compressors in PA & NY to Move Marcellus Gas”

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    FERC Grants Limited Rehearing Request for Constitution Pipeline

    There’s a number of threads to the ongoing saga of Constitution Pipeline, a $683 million, 124-mile pipeline from Susquehanna County, PA to Schoharie County, NY to move Marcellus gas into New York State and from there, into New England. The Andrew Cuomo-corrupted NY Dept. of Environmental Conservation (DEC) refused to grant the pipeline necessary federal stream crossing permits, blocking construction, in April 2016 (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). There have been a number of court cases and regulatory actions since that time. Williams, the builder of Constitution, asked the Federal Regulatory Commission (FERC) to overrule the DEC and allow construction to begin. In January of this year, FERC denied that request (see Death of the Constitution Pipeline? FERC Refuses to Overrule NY DEC). In February of this year, Williams asked FERC to reconsider their decision (see Constitution Pipe Files for FERC Rehearing, Then Back to Court). FERC has 30 days to rule on the rehearing request. If they don’t do anything, it’s considered an automatic rejection. However, on Wednesday (just under the wire), FERC granted a “limited” rehearing request–meaning FERC wants more time to consider the request before making a final decision. It’s not a “yes” that they will reconsider and perhaps overrule the DEC–but it’s also not a “no.” Which is a good thing…
    Read More “FERC Grants Limited Rehearing Request for Constitution Pipeline”

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    Court Rejects NY DEC Attempt to Stop Short Power Plant Pipeline

    Valley Lateral Pipeline map – click for larger version

    The Andrew Cuomo-corrupted New York Dept. of Environmental Conservation (DEC) is now out of options in its quest to block a tiny, 7.8-mile pipeline that would connect the Millennium Pipeline to a gas-fired electric generating plant under construction in Orange County, NY. Yesterday the U.S. 2nd Circuit Court of Appeals denied a petition by the DEC asking the court to vacate two orders by the Federal Energy Regulatory Commission (FERC) allowing the pipeline to continue construction. Which means construction on the pipeline has restarted and will almost certainly be completed within a month. The plant the pipeline will feed, Competitive Power Ventures (CPV) Valley Energy Center, is wrapping up construction. Recently antis had a cow when they saw steam coming from the plant, part of the commissioning process (see Antis Apoplectic at Sight of Steam Coming from NY Power Plant). Before the new plant can go online, it needs fuel, which is why the Millennium project is so important. Now that the 2nd Circuit has rejected its petition, the DEC says it is still “reviewing its options” with respect to “next steps.” Frankly, there are no options and no next steps. The Cuomo-corrupted DEC has lost…
    Read More “Court Rejects NY DEC Attempt to Stop Short Power Plant Pipeline”

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    Obtuse NY Assemblywoman from Ithaca Proposes “No-Tenancy” Bill

    Barbara Lifton

    Ithaca, NY is unfortunately saddled with an Assemblywoman who is, charitably, not too bright. Assemblywoman Barbara Lifton is a virulent anti-fossil fueler, even though she herself uses fossil fuels each and every day of her life. She was dead set against converting a coal burning plant near Ithaca into burning natural gas (see Cayuga Power Plant Stays Open (Burning Coal) – Thx to Fractivists). Thanks (in large part) to Lifton, the residents of Ithaca continue to breathe dirty air. She also tried to stop a federally permitted natgas pipeline from expanding in the region (see NY State Legislator Tries to Derail Dominion New Market Project). And now she’s at it again. Even though there is no shale drilling in New York, apparently Lifton wants to drive the final nail in the coffin of the conventional drilling industry too, driving out all oil and gas activity in the state. Lifton has introduced a bill that we call “no-tenancy.” You’ve been reading about West Virginia’s co-tenancy bill here on MDN, a bill that would allow rights owners in property to sign a lease if 75% or more of the owners agree to lease terms. It corrects a situation where dozens, sometimes hundreds of people who own a fractional share in property can’t be found, or refuse to sign, screwing all of the other owners of the property. Lifton’s bill, A2499, would require 100% of all rights owners to sign leases “for oil, gas or mineral rights, and any modification, extension or renewal thereof.” It is plainly meant to end any future drilling of any kind in the state. That’s the aim. The Independent Oil & Gas Association of New York (IOGANY) is pushing back…
    Read More “Obtuse NY Assemblywoman from Ithaca Proposes “No-Tenancy” Bill”

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    Upstate NY’s Corning Gas Sees More Opportunities with Marcellus

    Corning Natural Gas Corporation, a subsidiary of Corning Natural Gas Holding Corporation, is a local distribution company (LDC, or “utility”) with nearly 450 miles of gas pipeline mains transporting natural gas to roughly 15,000 customers. Corning makes natgas deliveries in 23 towns and villages–over 400 square miles–throughout the Southern Tier and central regions of New York State. Corning, as you may know, sits virtually on top of the border of New York and Pennsylvania. On the NY side of the border, a tyrant governor (Andrew Cuomo) rules with an iron fist and blocks fracking and even natural gas pipelines. On the PA side of the border, Marcellus (and increasingly Utica) shale gas is extracted in large quantities, creating a bonanza of economic and (yes) environmental benefits. Fortunately for Corning Gas, they are able to tap into some of that PA Marcellus supply. Corning Gas has a 50% joint venture owner in Leatherstocking Gas Company and Leatherstocking Pipeline Company. Leatherstocking runs gas mains to residents and businesses in small communities, like Montrose, PA (see PA Rural Residents Burn Marcellus Gas, Save Big Bucks on Heating). In a Securities and Exchange Commission 10-Q filing yesterday (10-Q is a comprehensive report of a company’s performance that must be submitted quarterly by all public companies to the SEC), Corning Gas management said one of their “most promising growth opportunities” is by “increasing connections with local gas production sources”–meaning they want to tap more Marcellus gas to sell to their customers. Corning Gas wants/needs more Marcellus gas in order to grow. We like the sound that!…
    Read More “Upstate NY’s Corning Gas Sees More Opportunities with Marcellus”

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    Constitution Pipe Files for FERC Rehearing, Then Back to Court

    Contrary to stories begin spun by anti-fossil fuel groups, Williams has not given up the fight to build the Constitution Pipeline–a $683 million, 124-mile pipeline from Susquehanna County, PA to Schoharie County, NY to move Marcellus gas into New York State and from there, into New England. The pipeline faces stiff odds. In 2016, the Andrew Cuomo-corrupted NY Dept. of Environmental Conservation (DEC) abrogated their fiduciary duty by denying the project a federal stream crossing permit (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). Williams sued the state in federal court–and lost (see Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?). Williams then asked the Federal Energy Regulatory Commission (FERC) to overrule DEC’s rejection. Sadly, last month FERC denied that request (see Death of the Constitution Pipeline? FERC Refuses to Overrule NY DEC). Williams has since launched a multi-pronged legal attack with three potential paths to victory. First, Williams appealed the case directly to the U.S. Supreme Court (see Constitution Pipeline Appeals NY Fight Directly to U.S. Supreme Court). The case to the Supremes takes up the issue of whether or not one state, like New York, can deny a federal project that benefits other states, like the New England states. We await word from the Supremes on whether or not they will hear the case. Yesterday Williams launched another legal attack by asking FERC to reconsider their denial from last month. If FERC says yes and overrules the DEC, we have victory. If FERC says no, Williams will then (we are assuming) use the denial as the basis to take the case back to federal court–this time to the D.C. Court of Appeals. The first federal court to consider the matter (ruling against Williams) was the Second Court of Appeals (in NY). Moving the case to the D.C. court stands a better chance. So, three potential paths to victory: U.S. Supreme Court, FERC changes its mind, or the D.C. Court of Appeals. This fight is far from over…
    Read More “Constitution Pipe Files for FERC Rehearing, Then Back to Court”

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    NFG Quarterly Update: Seneca Could Drill More, if Pipeline Gets Built

    Last week National Fuel Gas Company (NFG), headquartered in Western New York State which operates drilling subsidiary Seneca Resources and pipeline subsidiary Empire Pipeline, issued its first quarter 2018 (everyone else’s fourth quarter 2017) update. Via Seneca Resources, NFG drills wells in northcentral and northwestern PA. Via Empire Pipeline, they build and maintain hundreds of miles of pipelines. NFG wants to add to their pipeline portfolio by building the Northern Access Pipeline–a $455 million project with 97 miles of new pipeline along a power line corridor from northwestern PA up to Erie County, NY. Northern Access would allow Seneca to drill new wells in an area currently pipeline “constrained.” However, Northern Access construction has been blocked by the corrupt NY Dept. of Environmental Conservation (see Cuomo’s Corrupt NY DEC Blocks NFG Northern Access Pipeline Permit). NFG CEO Ronald Tanski gave an update for the Northern Access project on an analyst call. Tanski indicated the company engaged in a two-pronged strategy: one is a pending court case, NFG sued the DEC; the other strategy involves a request with FERC to overturn the DEC’s decision. No definitive word on when either/both will happen. In the meantime, Seneca Resources must “focus on drilling and completing wells where we have adequate take away capacity or the ability to lock in firm sales.” Which means Seneca could be drilling a lot more were it not for Cuomo blocking the Northern Access pipeline. Seneca continues to operate 2 drilling rigs. Below are portions of the analyst phone call and the complete quarterly update for NFG…
    Read More “NFG Quarterly Update: Seneca Could Drill More, if Pipeline Gets Built”

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    NY Reconsiders Building Tiny NatGas-Fired Elec Plant in Albany

    It doesn’t happen often, but we’re speechless. We’ve lived under the apparent illusion that as stupid and insane as liberal leftist environmentalism is, that deep down underneath there’s still at least a small sliver of pragmatic truth that lives. Example: Even though NY Gov. Andrew Cuomo has banned fracking, and blocks natural gas pipelines from getting built (bowing to pressure from the enviro left), at least Cuomo is on board with building a tiny natgas-fired electric generating plant in the heart of Albany, to power the bloated government complex that exists (see NY Gov Cuomo Building New Fracked Gas Elec Plant to Power Albany!). Sure, Cuomo’s fringe/nut/kook base doesn’t want the tiny electric plant built in Albany (see Antis Push Back on Albany, NY Tiny NatGas-Fired Electric Plant). But not even Cuomo would cave to that kind of insanity, right? Wrong. Because of pressure from the enviro left, the New York Power Authority (i.e. Cuomo) announced yesterday it will hold (don’t laugh), “listening sessions” to hear any and all crackpot alternatives that can be proposed using so-called renewable energy, instead of building the natgas-fired electric plant. Which means the entire project, IF IT EVER GETS BUILT, will now be delayed…
    Read More “NY Reconsiders Building Tiny NatGas-Fired Elec Plant in Albany”

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    Gov. Cuomo Triples Upstate NY Electric Bills by Blocking Natgas

    This is a somewhat personal story that perfectly illustrates the point we’ve been making for years. MDN editor Jim Willis lives with his wife and family in the Binghamton, NY area. Jim likes to say he “lives behind enemy lines”–meaning New York State under Andrew Cuomo and his radical left base are hostile to the fossil fuel industry. The cost of Cuomo’s actions for every New Yorker (at least those of us living in Upstate) is now on full display for all to see. A few weeks ago Jim got his monthly electric bill from New York State Electric & Gas (NYSEG, owned by the Spanish company Iberdrola). Jim’s eyes about fell out of their sockets. Jim largely uses electricity for heating (with a fuel oil furnace as backup). No natural gas lines where Jim lives, unfortunately. Even in the dead of winter Jim’s electric bill is rarely over $200 in any given month–typically around $150. This time? Nearly $700!!!! At first, Jim chalked it up to the cold snap and the constant running of his electric heat source. Then he spotted an article (below, sent to us by Vic Furman), that shows Jim is not the only one. Across the entire region folks received bills that are double and triple the usual amount. Why the spike in price? It seems the lack of natural gas via pipelines is not only hurting New England, it’s now hurting Upstate NY. Due to a lack of natgas supplies and the huge regional demand for natgas–for home heating as well as for electric generators–the spot price for gas went through the roof and along with it NYSEG’s cost for both natgas and electricity generated by natgas also went through the roof. Consequently, Cuomo’s frack ban and (now) pipeline ban on importing natgas from PA are having very real, tangible consequences–in our electric bills. All of Cuomo’s precious renewable sources of energy will not, indeed cannot, make up for a lack of natgas. Cuomo’s stupidity is costing ME real money…
    Read More “Gov. Cuomo Triples Upstate NY Electric Bills by Blocking Natgas”

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    Antis Apoplectic at Sight of Steam Coming from NY Power Plant

    Do the anti fossil-fuel foes in Orange County, NY still not get it? Do they not understand a new gas-fired power plant is about to go online? Competitive Power Ventures (CPV) is building a legal, legitimate, safe, low-emissions electric generating plant in Wawayanda. The plant is almost done and is now preparing for commissioning. This is the same facility Manhattanite Hollywood star James Cromwell (with a summer home in the area) has protested over the past few years (see our stories here). This is the same facility that will be fed by a 7.8-mile natural gas pipeline that connects to the Millennium Pipeline, being fought tooth and nail by Andrew Cuomo’s corrupt Dept. of Environmental Conservation (see NY DEC Asks Court to Toss FERC Order re Millennium Pipe Project). One fact remains: the plant is built and it will go online–soon. Last Friday crews were cleaning in the plant, using low-pressure steam to clean the piping in advance of the commissioning/start-up process. Some of the steam (water vapor, H2O) escaped into the air and area antis were prostrate on the ground, seized with fear that the plant had started operating and was using oil to power it. Antis are still in 100% complete denial that the plant is about to start up–within WEEKS. An area newspaper ran a story which unintentionally made the antis look foolish–frightened at the site of water vapor (i.e. steam)–referring to the steam as “plumes.” The story magically disappeared from the newspaper’s website a day later–but not before we grabbed a copy…
    Read More “Antis Apoplectic at Sight of Steam Coming from NY Power Plant”

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    NG Advantage Virtual Pipe Hearing in Fenton an Eye-Opener for MDN

    Last night MDN editor Jim Willis attended a Zoning Appeals Board hearing in the Town of Fenton (near Binghamton) where board members held a public hearing on a proposed virtual pipeline (i.e. compressor station) application by NG Advantage. It was, for Jim, a real eye-opener–causing him to reassess previous comments he made about the people opposing the project. Let’s begin with a brief background and the purpose of the hearing. NG previously filed an application with the Town of Fenton to build a natural gas compressor station/trucking facility in the very corner of the township, where it borders other towns/communities (bedroom communities). The people in those adjoining communities, when they learned of the plan, were upset that they had not been notified of the plan. In short order lawsuits were filed, and a county judge ruled that the Town of Fenton Planning Board did not take a hard enough look at environmental and traffic issues related to their approval of NG’s plan (see Judge Rules Against Broome Virtual Pipe, NG Advantage to Try Again). That forced NG to reapply for permits to build the facility. The area is zoned light industrial, allowing certain uses. Among the uses in that area are freight/trucking facilities. Not on the list are compressor stations. A Fenton building inspector researched the issue and agreed (with NG) that the facility fits the definition of a freight/trucking facility. That determination was immediately appealed by a number of people and organizations, including the local Chenango Valley School District. The meeting last night was to hear arguments for and against the finding that the facility is a freight/trucking facility and qualifies as an acceptable use in that zone. There were about 200 or so present for the hearing. Passions ran high. We’d say about three-fourths present were against and one-fourth in favor, judging from applause following various speakers. We will outline the evening and the testimony given below, but right up front we want to apologize to those opposing the project. In previous posts we used strong language to describe them, including the phrase “selfish antis” and the word “bullies.” That was wrong and we retract those statements. While we still disagree with those opposing this facility, we listened closely to their arguments and to their hearts. We found the vast majority speaking against the NG facility were not your typical anti-fossil fuel protesters (although there were a few of those there too). Instead, we found they are simply everyday folks who fervently do not want this facility in their neighborhood for a variety of reasons, including (yes) protection of their children. We heard and appreciate their arguments, and we want to acknowledge their position and attempt to fairly and dispassionately state what that position is…
    Read More “NG Advantage Virtual Pipe Hearing in Fenton an Eye-Opener for MDN”

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    A Sad Milestone: 10 Years Today Since NY First Banned Fracking

    My heart breaks for my fellow New Yorkers. Who could possibly have thought 10 years ago that a decade later there would still be no shale drilling in New York State? MDN’s “right hand man,” Chris Acker, was awake at the stroke of midnight last night and snapped the screenshot below, marking the exact 10-year anniversary for NY’s frack ban. The ban first started as a “temporary” moratorium–as these things always do. “Just give us a little more time to get the regulations right.” The “little more time” turned from months into years, and years have accumulated into (now) decades. It’s the standard liberal/anti playbook: Delay, Deny, and then Defend the indefensible actions taken. Our beloved state is rife with corruption–at the highest levels. Everyone knows our governor, Andrew Cuomo, is corrupt. A number of the people around him, some of his closest confidants, are either in jail or on trial. But somehow he escapes the long arm of the law. Cuomo has caved to pressure from his extreme left in directing the Dept. of Environmental Conservation to not only ban fracking, but also block and obstruct pipelines. It is sick and disgusting. Cuomo has stripped Constitutional property rights away from thousands of New Yorkers–and nobody says or does anything. This is how tyranny takes root and grows. NY is a case study. Look at the country of Venezuela today–that’s what NY will be in 30 years. Come back and read it here on MDN 30 years from now (when we’re dead and gone) to see that we were right. At any rate, as long as we have breath, we will continue to fight the good fight against the forces of evil and darkness here in NY…
    Read More “A Sad Milestone: 10 Years Today Since NY First Banned Fracking”

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    NY DEC Asks Court to Toss FERC Order re Millennium Pipe Project

    Millennium Pipeline is building 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. Both projects are currently under construction. Millennium’s project, called the Valley Lateral Project, was opposed by the corrupt Andrew Cuomo Dept. of Environmental Conservation (DEC). The DEC refused to grant necessary permits for the federal project, so the Federal Energy Regulatory Commission (FERC) voted to overrule DEC and allow it to be built anyway (see History Made! FERC Overrules NY DEC on Millennium Pipe Permit). The DEC took FERC to court, but in December, the federal Second Circuit Court of Appeals ruled against the DEC’s request to block the beginning of construction (see Fed Court Denies NY DEC Bid to Block Power Plant Pipe Construction). Construction subsequently began immediately. The DEC, no doubt goosed on by the corrupt Cuomo, has just come back to the Second Circuit with a different request. This time the DEC wants the court toss out FERC’s approval of the project, saying if the FERC approval stands, any company could file a half-baked (i.e. “incomplete” according to DEC standards) application for a water crossing permit and that doesn’t give DEC enough time to chase in a completed application. In other words, companies would “run out the clock” by saying DEC took more than a year to approve an application. DEC calls it “sandbagging” by delaying important information. Somehow DEC’s protestations ring particularly hollow, since they themselves are famous for sandbagging…
    Read More “NY DEC Asks Court to Toss FERC Order re Millennium Pipe Project”