Statewide NY

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    Billionaire Fracker Terry Pegula #160 on Forbes 400 Richest List

    Terry Pegula

    Terry Pegula is a billionaire who owns both the Buffalo Sabres (NHL hockey team) and the Buffalo Bills (NFL football team). Pegula is the owner of East Resources, once a big driller (and holder of acreage) in the Marcellus Shale. Pegula sold off East’s Marcellus assets and used the money, in part, to buy the Buffalo Bills in 2014, which gave rise to MDN calling the team “the Marcellus Bills”–since it was Marcellus money that kept the team in Buffalo, instead of moving to another market (see Buffalo Bills Stay in Buffalo, Thanks to $1.4B of Marcellus Money and Buffalo “Marcellus” Bills – Team Sold to Fracker for $1.4B). Yes, “dirty” fracking money saved the Bills! After selling all of East’s Marcellus assets, Pegula still had an itch to frack, so he started up a new company, JKLM, in order to keep his finger in the Marcellus/Utica pie. JKLM is, as we reported in July, fracking 12 Utica wells in Potter County, PA this year (see JKLM Drilling 12 Utica Wells in Potter County, PA This Year). Fracking is what made Pegula rich. We found it interesting that he made the Forbes 400–a list of the 400 richest people in the United States. Pegula was one of only four people who call Upstate New York home to appear on the list. Here is Pegula’s entry for the list…
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    Constitution Pipeline Asks FERC to Override NY DEC

    The Andrew Cuomo-corrupted New York Dept. of Environmental Conservation (DEC) took more than two years to evaluate and eventually reject the Constitution Pipeline–a $683 million, 124-mile pipeline from Susquehanna County, PA to Schoharie County, NY to move Marcellus gas (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). Constitution went to court to overturn that decision, but ultimately failed in August (see Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?). Many analysts and lawyers believed it was lights out for the project (see Energy Attorneys Hint it’s ‘Lights Out’ for Constitution Pipeline). Hold your horses! Constitution, borrowing a strategy that worked for Millennium Pipeline, filed a request last week with the Federal Energy Regulatory Commission (FERC), asking FERC to overrule the DEC’s refusal to grant the water permit needed for the project. There is precedence. FERC recently did the same thing in another case (see History Made! FERC Overrules NY DEC on Millennium Pipe Permit). Constitution is on firm ground. The DEC took over two years to review the project. Statutorily the DEC only has one year to complete a review. It was on that same basis that FERC granted Millennium permission to build their project (review was too long), and Constitution is hoping FERC will now do the same for them…
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    Dividing Line: Role of NatGas in NE PA vs. NY’s Southern Tier

    MDN editor Jim Willis lives right on the dividing line between New York and Pennsylvania–in the Binghamton, NY area (on the wrong side of the line). Pennsylvania, on the right side of the dividing line, has embraced shale drilling, and enormous economic benefits have flowed to communities where it happens. Cabot Oil & Gas alone (just one company) has spent over $4.6 billion in the last 10 years in Susquehanna County, PA (see Amazing: Cabot O&G Invests $4.6 BILLION in One PA County in 10 Yrs). Meanwhile, NOTHING is spent just over the border, in Broome, Chenango, Otsego and other Southern Tier counties on the New York (wrong) side of the border. It is a heartbreaking tale. Back in 2014 the Buffalo News ran a story comparing two farmers, one on each side of the border, to illustrate how the shale revolution has changed NEPA (see PA Farmers Flourish Thanks to Marcellus While NY Farmers Fail). We now have an updated version of that story line. The Pennsylvania Manufacturers Association (PMA) recently released a 28-minute MUST SEE video titled, “The Dividing Line: PA vs. NY Natural Gas Economics” (watch it below). Listen to landowners and business owners on both sides of the border talk about their experience. New Yorkers have been shafted by a corrupt governor, that much is clear…
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    FERC Grants Atlantic Bridge Pipe OK to Begin NY Construction

    The Federal Energy Regulatory Commission (FERC) last week granted permission to Algonquin Gas Transmission (i.e. Spectra Energy, now owned by Enbridge) to build new pipeline infrastructure in New York State, part of the $452 million Atlantic Bridge expansion project. Atlantic bridge was approved by FERC back in January (see FERC Approves Atlantic Bridge Project for New England/Canada). The project beefs up capacity along the Algonquin Pipeline, along with Spectra Energy’s Maritimes & Northeast Pipeline, to carry more Marcellus/Utica gas into New England and (eventually) all the way to Nova Scotia, Canada. Over the shrill objections of antis, including both U.S. Senators from Massachusetts, FERC allowed construction to begin on Atlantic Bridge in Connecticut back in March (see FERC Grants Atlantic Bridge Pipe OK to Begin CT Construction). Miracle of miracles, the corrupt NY Dept. of Environmental Conservation issued water permits for the project in May (see NY DEC Grants Water Permits for Atlantic Bridge Pipeline Project). And now FERC is giving the green light for construction to commence in NY. What work is happening in NY?…
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    Transco’s New York Bay Expansion Goes Live, Flows More Gas to NYC

    Williams announced yesterday that its New York Bay Expansion pipeline project to flow an extra 115 million cubic feet per day (MMcf/d) of natural gas to New York City is now online and working. In July 2015, Williams filed an application with the Federal Energy Regulatory Commission (FERC) for the $130 million project, which will flow Marcellus gas to 500,000 additional New York City residents by the 2017/2018 heating season (see Williams Announces New Upgrades to Transco Pipeline into NYC). In July 2016, FERC approved the project and construction began (see FERC Approves Transco Expansion Projects in NYC & Virginia). The project expanded capacity on the Transco pipeline by installing new compressor station equipment, replacing a quarter mile of pipeline (in New Jersey), and upgrading meter and regulator stations at several locations in NJ, PA and NY. All the work was done in existing rights-of-way and at existing facilities, with no new building or greenfield construction necessary. That didn’t stop the crazies from protesting, which they did. The good news is that the project is now completed and more yummy, fracked Marcellus gas is now flowing to customers in Brooklyn, Queens, Staten Island and Long Island…
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    Warning: Secret Pipeline Ban on New York Ballot in November

    Next month when New Yorkers go to the polls to cast their votes (an illusory scam in Communist NY), there will be three Propositions on the ballot. One of the three is called, “Authorizing the Use of Forest Preserve Land for Specified Purposes.” The one-paragraph description implies municipalities will have more flexibility in using “preserved” land–so long as they designate the same amount of land to be added back to the pool of preserved land. It also allows bicycle trails and public utility lines to cross preserved land. However, what the description does not say (which can be found in a full reading of the proposition) is this: the proposition “prohibits the construction of a new intrastate gas or oil pipeline that did not receive necessary state and local permits and approvals by June 1, 2016.” So no new intrastate (within the state) pipelines through preserved land, period. Ever. Even though electric lines crossing preserved land are just fine. Why is Gov. Cuomo trying to hide this from residents? Will NY residents even wake up and notice they don’t know what they’re actually voting for (or against)? That’s how sleazy politics is played in the Empire State…
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    Con Edison Plans to Pay Customers to Use Less NatGas

    This story is really rich. Consolidated Edison (ConEd) is one of the nation’s largest investor-owned energy companies. ConEd is a utility, operating in the New York City area. It is one of the largest (perhaps the largest) seller of natural gas in NYC area. In a press release that has us equally laughing and crying, ConEd floats a new plan to meet the “growing natural gas demand” it’s seeing from customers. Early in the release ConEd states the facts: “construction of new natural gas pipelines [in New York] is not keeping pace with growing demand.” Why? Because New York has a corrupt governor, Andrew Cuomo, who caters to wild radicals that give him money for his campaigns. Yes, CORRUPT. And so Cuomo issues edicts to executive agencies, like the Dept. of Environmental Conservation (DEC), to deny permits for new pipelines. Hence, NY doesn’t have enough pipelines to flow increasing demand for natural gas. ConEd just admitted that. So how does ConEd plan to solve the problem they have? Maybe anchor a floating LNG import terminal off Long Island? Nope. Virtual pipelines to haul more gas to its facilities? Nope. How about rail cars hauling CNG or LNG? Nope. Here’s the brilliance at ConEd–they want to raise everyone’s gas and electric rates so they can pay building owners to not use as much gas! What?! That’s right, ConEd has filed a rate case with the New York State Public Service Commission that requests permission to raise rates and pay people to use less natural gas. Welcome to Wonderland (i.e. New York), Alice…
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    Corrupt DEC Bans PA Marcellus Brine in NY, Tightens Other Brine Use

    The Andrew Cuomo-corrupted New York State Dept. of Environmental Conservation (DEC), run by NRDC gang member Basil Seggos, has just slammed the door on New York towns using brine from the Pennsylvania Marcellus. Earlier this week the DEC posted new final regulations as part of “strengthening” the state’s solid waste regulations, referred to as Part 360. Brine is another name for produced water. When you drill a hole deep in the ground, well below the water table (which sits at maybe 200 feet down), over time water from the depths (a mile or more down) will come to the surface. This is not wastewater used in fracking (called flowback), but naturally occurring water (brine). It’s called brine because it contains a lot of minerals–far “saltier” than ocean water. There are a number of ways to dispose of all that water coming out of drilled wells for years after they are drilled–dispose of it via an injection wells, recycle it, or in some cases, treat it and use it as a deicer on roadways. Many towns use brine for that purpose. The DEC’s new regulations stipulate that if a town wants to use brine from conventional oil and gas wells, that’s fine (with certain restrictions). But if the brine comes from a Marcellus Shale well–it’s banned. Keep in mind there is virtually no chemical difference between the two. Which leads us to the conclusion that this is one more very intentional swipe at the shale industry by a state that is closed for business…
    Read More “Corrupt DEC Bans PA Marcellus Brine in NY, Tightens Other Brine Use”

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    Constitution, NFG Pipes to Seek FERC Relief from NY DEC Tyranny

    Yesterday we told that you history has been made–the Federal Energy Regulatory Commission (FERC) has broken the back of the New York Dept. of Environmental Conservation (DEC) by overturning the DEC’s decision to block a short pipeline Millennium wants to build to a power plant in Orange County (see History Made! FERC Overrules NY DEC on Millennium Pipe Permit). The DEC has also blocked federally-approved pipeline projects in two other cases–the Constitution Pipeline, a $683 million, 124-mile pipeline from Susquehanna County, PA to Schoharie County, NY carrying Marcellus gas (a Williams project), and the Northern Access Pipeline, a $455 million project includes building 97 miles of new pipeline along a power line corridor from northwestern Pennsylvania up to Erie County, NY, to carry Marcellus gas northward (a National Fuel Gas Company project). Given Millennium’s success in having FERC overrule NY DEC, one would think these other two projects would also file requests with FERC for the same thing. According to Reuters, NFG already has filed such a request, and Williams is about to…
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    History Made! FERC Overrules NY DEC on Millennium Pipe Permit

    Finally the Federal Energy Regulatory Commission (FERC) has had enough shenanigans from the corrupted New York Dept. of Environmental Conservation (DEC). In a historic, precedent-setting decision, on Friday FERC overruled DEC’s denial of a water permit for Millennium Pipeline’s tiny 7.8 mile pipeline spur from the main Millennium Pipeline to a natural gas power plant under construction in Orange County, NY. On Wednesday, Aug. 30, the DEC issued a denial letter to FERC and Millennium. In it, they claim that FERC’s review of the power plant project (that the pipeline will feed) is deficient based on a recently-decided court case about a pipeline project in Florida (see Corrupt NY DEC Denies Water Permit for 7.8 Mile Power Plant Pipeline). The radicalized DEC used the Florida case as an excuse to refuse stream crossing permits for the Millennium Pipeline project–claiming FERC had not considered long-term effects of mythical man-made global warming that would come from the power plant if the Millennium pipeline is connected to and feeds the plant. The DEC decision was a naked attempt to grab power not given to it under federal law. FERC said ENOUGH, and ruled on Friday the DEC had taken too long (over one year) in dithering with a decision on the Millennium pipeline request. A recent ruling by the U.S. Court of Appeals for the District of Columbia said FERC has the power and authority to overrule the DEC when they take longer than one year to grant permits (see DC Court Tells Millennium FERC Can Override NY DEC Pipeline Delay). So FERC just exercised their federal, court-approved authority and smashed the DEC into the ground. LOVE IT! Of course the humiliated DEC spit and sputtered and said they will likely sue…
    Read More “History Made! FERC Overrules NY DEC on Millennium Pipe Permit”

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    Time for FERC, Congress to Slap States into Line re Pipe Refusals

    West Virginia Dept. of Environmental Protection’s (WVDEP) capricious decision to yank a permit it previously granted for the Mountain Valley Pipeline is “the last straw” according to the legal beagles at the Blank Rome law firm. Last week WVDEP, under pressure in a lawsuit brought by the radical Sierra Club, decided to revoke a previously granted water crossing permit (see Trouble for Mountain Valley Pipe: WV DEP Withdraws Water Permit). The corrupt New York Dept. of Environmental Conservation is now making a habit of refusing these types of permits for projects in our beloved home state–so far refusing permits for the Constitution Pipeline, Millennium Pipeline, and Northern Access Pipeline projects. Given this recent activism by state agencies, the lawyers at Blank Rome say it is now time for both the Federal Energy Regulatory Commission (FERC) and Congress to act, to “stem this overreach by States.” In our words, it’s time to slap the states back into line. They lay out a case to do so…
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    Governors from PA-NY-DE Vote to Ban Fracking in Dela. River Basin

    Well they did it. Yesterday at a regularly scheduled meeting of the Delaware River Basin Commission (DRBC), representatives for the five voting members voted to begin the process of formalizing a permanent ban on fracking in the Delaware River Basin. It wasn’t unexpected, but it was hotly contested–by both sides in the debate. As we’ve previously chronicled, the DRBC is composed of five voting members: the governors of Pennsylvania, New York, Delaware, New Jersey, along with the U.S. Army Corps of Engineers. The governors all sent people to represent them at the meeting, with clear instructions. The three Democrat governors–Tom Wolf (PA), Andrew Cuomo (NY), and John Carney (DE) all voted in favor of a resolution to take the next step in the process of a permanent ban, voting to adopt a draft resolution MDN previously shared (see DRBC Votes Tomorrow on Permanent Frack Ban Resolution). Gov. Chris Christie’s (NJ) rep abstained from the vote, and the Army Corps, which answers to the White House, voted NO. Steven Tambini, DRBC’s executive director, has clearly lost control of the organization. Or perhaps he never had control to begin with. Tambini urged critics to “withhold judgment” until they see the regulations that Big Green groups cook up. Big Green groups like THE Delaware Riverkeeper (aka Maya van Rossum) should be elated–but they still had sourpusses on. They didn’t like language in the resolution that would allow frack wastewater to be hauled/disposed of inside their precious Delaware River Basin playground. Meanwhile, landowners in Wayne and Pike counties in PA are getting the royal shaft–they will never be able to lease their land for drilling. In 2015 PA Gov. Wolf offered to help those landowners, in return for a political quid pro quo–support his severance tax plan (see PA Gov Wolf Offered Deal in ’15 to Open Dela. River Basin Drilling). The landowners did not support Wolf’s loony severance tax plan, so now it’s payback. Wolf is going to strip their property rights away…
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    NY Court Tells Exxon to Turn Over Records to Corrupt AG

    Bruce Plante Cartoon

    New York’s highest court, the Court of Appeals, has just ruled that the New York State Attorney General, Eric Schneiderman, has the right to demand documents in a court case that accuses Exxon of hiding internal research that shows burning oil and gas leads to catastrophic, man-made global warming. Schiederman has been on a witch hunt for more than year. Schneiderman himself is accused of secretly (illegally) colluding with Big Green groups in targeting Exxon. Schneiderman has been subpoenaed and told to turn over emails and other records, and he has refused to do so (see NY AG, Others Served Congressional Subpoena re Exxon Witch Hunt). Yet Schneiderman demands Exxon turn over records for his fishing expedition. The man is a menace–and a putz. Unfortunately New York’s high court appears to be corrupt too–witness their decision to uphold local frack bans (see Shale Drilling in NY is Over – High Court Upholds Town Bans). Now the high court says Exxon must comply (like a Borg drone) with Schneiderman’s request. Our advice to Exxon: Pull a Hillary and say the emails got deleted from a private server. Hey, it worked for her!…
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    NY DEC Grants Permit for Millennium Pipe Eastern System Upgrade

    The New York Dept. of Environmental Conservation (DEC) is tap dancing to explain why they refused to grant a water crossing permit for a 7.8-mile pipeline in Orange County to Millennium Pipeline Valley Lateral Project, yet a few days before that refusal they granted a water crossing permit to Millennium for the Eastern System Upgrade, which includes 7.8 miles of looping pipeline in yes, Orange County! 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 (much of it Marcellus Shale gas) 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, 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. Just days before the DEC denied a water permit for the Valley Lateral Project (see Corrupt NY DEC Denies Water Permit for 7.8 Mile Power Plant Pipeline), the DEC issued the same permit for the much larger ESU project. The DEC denied Valley Lateral on the premise that the Federal Energy Regulatory Commission (FERC) had not done a proper job in evaluating the global warming potential of the new power plant that pipeline will feed. Yet the DEC saw no problem with bumping up capacity by 223 million cubic feet of natural gas flowing per day along the mainline Millennium, which the ESU project will do. Lucy! You have some ‘splainin to do! Aside from the flaming DEC contradiction, Millennium has just asked FERC to please hurry up a final OK of the ESU project, before the DEC changes it mind…
    Read More “NY DEC Grants Permit for Millennium Pipe Eastern System Upgrade”

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    NY’s Critical Error in Denying Millennium Pipe for Power Plant

    On August 30th the New York Dept. of Environmental Conservation (DEC) issued a refusal to grant a water permit to Millennium Pipeline to build a tiny, 7.8 mile pipeline spur from the main Millennium Pipeline to an under-construction natural gas-fired electric generating plant in Orange County (see Corrupt NY DEC Denies Water Permit for 7.8 Mile Power Plant Pipeline). The electric plant will get finished either way, whether it’s fed by natural gas or, alternatively, by dirtier fuel oil. The DEC has blocked many (not all, but many) recently filed pipeline projects in the state–because of undue and corrupt influence from our governor, Andrew Cuomo. Cuomo seeks to appease his radical/left base. The DEC previously denied a water permit for the Constitution Pipeline, stating Constitution had not provided all of the required information the DEC needs to properly evaluate the project (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). The DEC later refused a water permit for NFG’s Northern Access Pipeline project (see Cuomo’s Corrupt NY DEC Blocks NFG Northern Access Pipeline Permit). In the case of Northern Access, the DEC claimed they did have enough information, but in their opinion the project would do too much damage to Mom Earth. Both the Constitution and Northern Access projects are in court to try and overturn the DEC’s decision to block. However, in refusing Millennium’s tiny 7.8 mile pipeline to the Valley Energy Power plant, the DEC claimed the Federal Energy Regulatory Commission (FERC) didn’t do a proper job in evaluating the project’s impact on mythical man-made global warming. The pipeline will feed gas to an electric plant, and the DEC says the electric plant will produce air emissions that will help toast Mom Earth. A couple of top energy attorneys from the law firm Blank Rome explain how the DEC has made a critical error in judgment with their refusal of the Millennium project, a decision they say stands a “very high” chance of being overturned on appeal…
    Read More “NY’s Critical Error in Denying Millennium Pipe for Power Plant”

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    Not Lights Out for Constitution Pipe Just Yet – Rehearing Request

    In August MDN brought you the sad news that the U.S. Court of Appeals for the Second Circuit has ruled against the Constitution Pipeline and their lawsuit against the Cuomo-corrupted New York Dept. of Environmental Conservation (see Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?). To boil it down to its essence, the court said the DEC had the right to reject issuing stream crossing permits for the critically-needed pipeline, even though it would shut down the project. The legal upshot is that individual states have the right to stop a federally-approved project. Which appears to upset the legal principle that federal law trumps state law, and state law trumps local law. It’s always been that way. Until now. Given the Second Circuit’s ruling, some energy attorneys were whispering it’s likely “lights out” for the Constitution (see Energy Attorneys Hint it’s ‘Lights Out’ for Constitution Pipeline). However, that pessimism may be premature. Last Friday attorneys for the Constitution filed a request with the Second Circuit for a rehearing of the case–this time before ALL of the active judges sitting on the Second Circuit bench–something called an en banc hearing. Their reasoning? If the original decision stands, it will overturn decades of established legal principle and (our words) neuter FERC’s ability to approve pipeline projects…
    Read More “Not Lights Out for Constitution Pipe Just Yet – Rehearing Request”