Statewide NY

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    Corrupt NY DEC Denies Water Permit for 7.8 Mile Power Plant Pipeline

    Environmental radicalism has now fully metastasized at the New York Dept. of Environmental Conservation (DEC). The organization is nothing more than a political tool of the environmental far-left (and corrupt Gov. Cuomo), as evidenced in the DEC’s latest outrageous decision to deny federal water crossing permits to a 7.8 mile pipeline to feed an electric power generating plant in Orange County, NY–a plant currently under construction. The reason for the rejection? NOT because of any so-called harms to the environment due to crossing streams–the reason for the permits. No. But because, says the DEC, the Federal Energy Regulatory Commission (FERC), which evaluated the power plant project, didn’t take into consideration the plant’s potential contribution to mythical man-made global warming. In other words, the DEC just admitted they have denied a WATER permit based on other (political) criteria–not the criteria on which they were legally bound to decide. We predict the DEC will get crushed when this is all over and done. But the problem is, it will take years to litigate. Meanwhile, the Competitive Power Ventures (CPV) Valley Energy Center will complete its construction and go online in early 2018–powered by much-dirtier fuel oil instead of clean-burning natural gas. Congratulations to all of the antis, and the DEC, who oppose the power plant project. You’ll now have even MORE so-called global warming (and air pollution in the region) because of your lunacy…
    Read More “Corrupt NY DEC Denies Water Permit for 7.8 Mile Power Plant Pipeline”

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    NFG Tells Court Constitution Decision DNA to Northern Access Case

    Yet more drama and intrigue in National Fuel Gas Company’s (NFG) lawsuit against the New York Dept. of Environmental Conservation (DEC). 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). NFG sued the DEC in the Second Circuit of the U.S. Court of Appeals to overturn their denial (see NFG Sues NY DEC in Fed Court re Northern Access Pipe Rejection). A similar court case was filed by the Constitution Pipeline against the DEC with the 2nd Circuit. The court ruled against the Constitution and for the DEC on August 18 (see Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?). Predictably, the office of NY’s corrupt Attorney General, Eric Schneiderman, filed a letter with the 2nd Circuit (copy below) saying, in essence, the Constitution case is just like this one, so the court should rule the same way: against NFG and for the DEC. However, a few days after that, NFG’s attorneys filed their own letter (copy below) pointing out the fallacy in the previous letter. NFG says the Constitution is very narrow, and in fact ultimately supports the NFG case against the DEC…
    Read More “NFG Tells Court Constitution Decision DNA to Northern Access Case”

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    NFG Asks FERC for Speedy Re-hearing to Bypass NY DEC re Pipeline

    There’s been an interesting twist in the saga of National Fuel Gas Company’s (NFG) Northern Access Pipeline project. The $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). Shortly after, NFG filed a request with FERC (in March) to bypass the New York Cuomo-corrupted Dept. of Environmental Conservation (DEC) because the DEC was dragging its feet on a decision to grant stream crossing permits for the project (see Gutsy: NFG Asks FERC to Cut NY DEC Out of Pipeline Approval). Needless to say, the DEC didn’t like it. 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). After DEC’s denial, NFG sued the DEC in the Second Circuit of the U.S. Court of Appeals to overturn their denial (see NFG Sues NY DEC in Fed Court re Northern Access Pipe Rejection). OK, now is where it gets interesting. A similar court case was filed by the Constitution Pipeline against the DEC with the 2nd Circuit. The court ruled against the Constitution and for the DEC on August 18 (see Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?). We’re sure NFG can see the writing on the wall for their lawsuit. So NFG has gone back to FERC and their request filed back in March that FERC bypass the DEC and go ahead and grant permission anyway. NFG made a motion for an “expedited request” by FERC last week. What if FERC agrees and overrules the DEC? And what if they don’t?…
    Read More “NFG Asks FERC for Speedy Re-hearing to Bypass NY DEC re Pipeline”

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    WSJ Harpoons NY Gov Cuomo for His “Blockade” of Natural Gas

    The editors at the Wall Street Journal have taken the gloves off with respect to the insane policies of New York Gov. Andrew Cuomo when it comes to natural gas. Because of Cuomo’s “blockade” of natural gas, by banning fracking and by blocking natural gas pipelines from Pennsylvania into NY, Cuomo stands on the cusp of not only ruining his own state with high prices for natural gas–he’s going to ruin it for other states (like those in New England) as well. Cuomo wanted the Indian Point Nuclear plant closed–and it’s closing. He wants coal plants closed, and they have. But at the same time, the state is adding new natural-gas fired electric generating plants, like the one in Orange County. So far, Cuomo’s corrupted Dept. of Environmental Conservation (DEC) has refused to issue a permit for a pipeline to feed the plant (see NY DEC Holds Sham “Hearing” for Power Plant Pipeline). If the plant doesn’t get the pipeline, it will burn dirty oil instead. The state is building 11 new microgrids that use natural gas to generate electricity–including in the center of NY’s capitol, Albany (see NY Building Not Just One, but Eleven (!) NatGas-Fired Micogrids). And yet Cuomo continues to reject major pipeline projects to bring more gas to NY. Guess what that will do to the price of natural gas and electricity in the Empire State? And what about the price of natgas and electricity in New England? Already Northeast residents pay 29% more for natural gas and 44% more for electricity than the U.S. average. What a tragedy. Loads of natural gas waiting to serve those markets, produced in PA, WV and OH–and Cuomo refuses to let it in. The Journal takes him to task for it…
    Read More “WSJ Harpoons NY Gov Cuomo for His “Blockade” of Natural Gas”

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    Energy Attorneys Hint it’s ‘Lights Out’ for Constitution Pipeline

    On Monday we 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. That is, individual states have the right to stop a federally-approved project. Frankly, it’s distressing. The one sliver of light is that the DEC took too long to issue their rejection–more than the one year allowed. Constitution may be able to request an approval from the Federal Energy Regulatory Commission (FERC), overruling the DEC, because the law in question provides that if a state doesn’t issue (or reject) a permit within one year of application, FERC then has the right to issue the permit. So we might still win on a technicality. That’s our hope. But we spotted analysis of this court decision by two energy attorneys–people who work for drilling-friendly law firms. Their analysis is sobering. They hint (our words) that it is likely “lights out” for the Constitution–that the project will not get built. Are they right?…
    Read More “Energy Attorneys Hint it’s ‘Lights Out’ for Constitution Pipeline”

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    NY AG Schneiderman Takes Russian Oil Money, Attacks US Shale

    NY AG Schneiderman

    If this doesn’t beat all. New York State Attorney General Eric Schneiderman has, for years, been at the center of a conspiracy to shake down Exxon Mobil by claiming the company “knew” that burning its fossil fuels would lead to man-made global warming, and that Exxon actively worked to suppress that knowledge in the public sphere. Earlier this year Schneiderman refused (still refuses) to turn over emails that show he has been colluding with Big Green groups and those who fund them in a conspiracy against Exxon (see NY’s AG Schneiderman Sowing the Seeds of His Own Destruction). It’s now time to remove Schneiderman from office. Evidence has come out that Schneiderman has accepted more than $60,000 from a Ukranian billionaire with ties to Russia’s big oil companies. That is, Scheiderman has taken campaign money (bribes?) from Russian oil–and turned around and attacked American oil and gas. Schneiderman is fully behind New York’s ban on fracking. He’s also in there fighting against natural gas pipelines. Scheiderman has also received a whopping $251,000 from liberal billionaire Communist George Soros (and the Soros family). Soros is another Exxon enemy. So how does that work Mr. Schneiderman? You take money from Russian Big Oil and Communists, only to turn around and attack America’s shale industry? Really? It’s corrupt, and Schneiderman needs to go, NOW…
    Read More “NY AG Schneiderman Takes Russian Oil Money, Attacks US Shale”

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    Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?

    In a disappointing, but perhaps not all that unexpected decision (full copy below), the U.S. Court of Appeals for the Second Circuit on Friday ruled against the Constitution Pipeline and their lawsuit against the Cuomo-corrupted New York Dept. of Environmental Conservation (DEC). The DEC dithered, for years, on a decision about whether or not to grant stream-crossing permits (Section 401 permits, a federal Clean Water Act thing) to the Constitution Pipeline, a $683 million, 124-mile pipeline from Susquehanna County, PA to Schoharie County, NY carrying Marcellus gas. The Federal Energy Regulatory Commission (FERC) authorized the project in 2014. Since that time the DEC delayed, and eventually denied permits for the project (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). So the Constitution (being built by Williams) sued the DEC in federal court (see Constitution Pipeline Case Goes to Court in 2 Weeks, Briefs Filed). We had hoped that the court would grant Constitution the right to commence building. But they didn’t. So now what? There are three options left for Constitution: (1) appeal the decision to the U.S. Supreme Court, (2) file a new case with the D.C. Circuit Court of Appeals (a different court), or (3) request FERC take matters into its own hands by deciding the DEC took too long (which would probably be challenged at the D.C. Circuit). The D.C. Circuit Court of Appeals is a different court than the Second Circuit that just ruled. Our best guess? Williams will take option #3 and ask FERC to overrule NY DEC and grant the permit themselves…
    Read More “Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?”

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    New Life for Constitution Pipe – Williams Asks White House for Help

    In April 2016 the New York Dept. of Environmental Conservation (DEC) caved to corrupt political pressure from Andrew Cuomo and denied the Williams Constitution Pipeline a necessary federal 401 stream crossing permit, blocking the project (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). At that moment, the DEC stepped off a cliff. It’s been a long, slow process, but we’ve watched them fall ever since. And now, they will soon hit the bottom. They were dead (metaphorically) the moment they issued their denial. It was a foregone conclusion that their illegal action would not stand–that the DEC would eventually be overruled and their role in permitting such projects would be stripped away. But you have to remember those were heady days for the left, when Cuomo was full of himself and the future seemed certain that the hapless Hillary would win the White House and further corrupt federal agencies like the Federal Energy Regulatory Commission (FERC), the agency that oversees projects like the Constitution. But the unthinkable happened. Hillary lost (thank God!). And now Cuomo and his corrupted DEC have no backstop at the federal level. Last week on a conference call to discuss second quarter earnings, Williams CEO Alan Armstrong responded to a question about the long-stalled Constitution Pipeline. He said Williams is working with The White House to get the Constitution project back on track. Reading between the lines, Williams is asking The White House to ask FERC to overrule the NY DEC and grant the stream crossing permits for the project. Armstrong now says he believes it will get built, and will be up and running, sometime in the second quarter of 2019…
    Read More “New Life for Constitution Pipe – Williams Asks White House for Help”

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    NFG 2Q17: NY Pipeline Holdup Causes Shift to More Utica Drilling

    Last week National Fuel Gas Company, headquartered in Western New York State with drilling subsidiary Seneca Resources and pipeline subsidiary Empire Pipeline, issued its third quarter (everyone else’s second quarter) 2017 update. NFG produced 567 million cubic feet per day (MMcf/d) of natural gas last quarter, a 6% increase over the same quarter a year ago. NFG realized an average price of $2.94 per thousand cubic feet (Mcf), up $0.08 per Mcf from the prior year. Compare that with Antero’s hedged average of $3.41/Mcf (see today’s story about Antero 2Q17). NFG CEO Ronald Tanski had some interesting remarks with respect to the company’s stalled Northern Access Pipeline project. As you may recall, the Andrew Cuomo New York Dept. of Environmental Conservation (DEC) is blocking Northern Access, like they blocked the Constitution Pipeline and a tiny spur project for the Millennium. Because NFG’s Northern Access project is stalled, they are shifting their budget and drilling further west, to do Utica drilling in locations where there is already pipeline infrastructure. So this is yet another case of the NY screwing up Marcellus drilling PA that would otherwise be happening. Landowners in PA can thank NY Gov. Cuomo for screwing them over. Tanski also mentioned the court case for Northern Access, and that FERC (Federal Energy Regulatory Commission) may step in and overrule the NY DEC, as is now being considered in the Constitution Pipeline case (see today’s lead story). Here’s the update from NFG…
    Read More “NFG 2Q17: NY Pipeline Holdup Causes Shift to More Utica Drilling”

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    Corrupt NY DEC Fires Back at Millennium, Claims Deadline is Aug 30

    Yesterday MDN brought you the exciting news that Millennium Pipeline has asked the Federal Energy Regulatory Commission (FERC) to overrule the New York Dept. of Environmental Conservation–politicized and corrupted by Gov. Andrew Cuomo–and issue permission to commence construction of a very small 7.8 mile pipeline that will connect Millennium to a natural gas-fired power plant now under construction in Orange County, NY (see Showdown: Millennium Asks FERC for Permission to Ignore NY DEC). According to the law as written, if a state (like NY) does not act on a federal Section 401 Water Quality Certification stream crossing permit for 12 months, FERC has the right to step back in and issue the certificate. It would totally emasculate the corrupt DEC. But hold on. The DEC is once again using sleazy political tactics to try and forestall FERC from taking action. On Tuesday the DEC filed a letter with FERC requesting they hold off on granting Millennium permission to build–based on a technicality. Millennium first filed their application with the DEC 19 months ago. But the DEC says the initial application was “incomplete” and that the completed application, refiled by Millennium, didn’t happen until months later–and if you count the time from the refiled application, the DEC has until August 30th to issue the 401 water permit. And DEC says they will rule by or on August 30th. In a somewhat comical typographical error, the final paragraph of the DEC letter to FERC begins this way: “For the above reasons, I respectfully urge the Director of OEP to deny Millennium’s Request, or, alternatively, place the Request in abeyance until August 31, 3017…” Did you catch that? August of “3017.” Freudian slip? We’re sure the DEC would love FERC to delay a decision for another 1,000 years…
    Read More “Corrupt NY DEC Fires Back at Millennium, Claims Deadline is Aug 30”

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    Showdown: Millennium Asks FERC for Permission to Ignore NY DEC

    This is it folks. This is the case that will crush New York Gov. Andrew Cuomo’s blockade of important pipeline projects in the Empire State. For 19 months the New York Dept. of Environmental Conservation (DEC) has dithered around, at the prompting of Andrew Cuomo, and has refused to grant federal Section 401 Water Quality Certification stream crossing permits for a tiny 7.8 mile pipeline spur off the Millennium Pipeline in Orange County, NY, called the Valley Lateral Project, to feed a gas-fired electric generating plant that is now under construction. Statutorily NY has 12 months (1 year) to review such an application and act on it. NY has refused to act on it. So Millennium took the NY DEC to the U.S. Court of Appeals for the District of Columbia Circuit. In June the court dismissed the lawsuit by Millennium, which at first blush may seem like a blow. But it was the reasoning and opinion of the judges in dismissing the case that will change everything in New York. The judges said there is no case because if, as Millennium says, the DEC is denying the water permits, FERC itself has the power to jump back in and simply override NY DEC and issue the permits (see DC Court Tells Millennium FERC Can Override NY DEC Pipeline Delay). Last Friday Millennium pulled the trigger and did it–they sent an official request to FERC (copy below) that outlines their Herculean efforts to work with NY DEC over the past 19 months, and asks FERC to move forward with permission to build the pipeline anyway–IGNORING THE DEC. If FERC agrees (and we think they will), NY DEC is about to become irrelevant in ALL FERC-approved pipeline projects they are blocking, including the Williams Constitution and National Fuel Gas Northern Access projects…
    Read More “Showdown: Millennium Asks FERC for Permission to Ignore NY DEC”

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    Anti Groups Panic, Demand Govs Ban Fracking in Dela. River Basin

    Radical anti-fossil fuelers with THE Delaware Riverkeeper and New Jersey Sierra Club, along with a mish mash of other fringe “environmental” groups, are becoming shrill in their demand that fracking be permanently banned in the Delaware River Basin. Riverkeeper, Sierra Club and other nutjob groups are this week delivering a petition they claim has over 63,000 signatures (many of them made up or dead) calling on the governors of the four states that are part of the Delaware River Basin Commission (DRBC) to vote to permanently ban fracking in the DRBC’s jurisdiction. Each day this week the group of, whatever you call them, are delivering the petitions in staged media events, in each state capital. These groups have wanted and lobbied for a permanent ban for years. Why push so hard for it now? What’s the urgency? Why go on the road now to demand an outright ban? There is only one reason we can think of for why these radicals are pushing so hard now: they are running scared, concerned that a lawsuit by a Wayne County landowner in federal court will go against the DRBC and finally force the issue, allowing fracking (see Wayne County Landowner Files Brief in Case Against DRBC Frack Ban). Once fracking begins in the Delaware River Basin–and let us assure you, it will–and once everyone sees that fracking is safe and has zero impact on drinking water supplies, the lie anti-frackers have pedaled since Josh Fox and Gasland will be exposed for all to see. That’s why they are in a panic, “demanding” that fracking be banned, NOW. They need to get it banned before the judge makes a decision to allow it…
    Read More “Anti Groups Panic, Demand Govs Ban Fracking in Dela. River Basin”

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    Report: New York City Needs More NatGas Pipelines, STAT

    New York City needs more natural gas pipelines–and it needs them BAD. That’s the upshot of a newly released report from the New York Building Congress, a trade group representing some 450 other building-related trade groups with 250,000+ members. The report, titled “Electricity Outlook: Powering New York City’s Future” (full copy below) says NYC needs more pipelines built before the Indian Point Nuclear plant closes in 2021–both for electric generation (to replace Indian Point’s electricity) and because of the prohibition coming on heavier fuel oil used for wintertime heating. Interesting (and mind-blowing) fact: 81.5% of the electricity flowing in the five boroughs of NYC comes from natural gas-fired electric plants. The report calls for the Federal Energy Regulatory Commission to promptly approve Transco’s Northeast Supply Enhancement Project, when FERC has a quorum, which will flow more PA Marcellus gas to NYC and New Jersey. The report also calls on officials to approve Millennium Pipeline’s expansion request in Upstate. Of course the irony is not lost on those of us who live in Upstate New York–the irony being that we could be the ones providing at least some of that natural gas to our cousins in the City, if sleazeball Gov. Andrew Cuomo hadn’t banned fracking. So yes, New York needs more natural gas and needs it asap, but New York has banned the production of it–so we’ll have to get it from places like Pennsylvania, Ohio and West Virginia instead. Bad for us, but good for them…
    Read More “Report: New York City Needs More NatGas Pipelines, STAT”

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    Trial Date Set for Corruption re Wayawanda, NY CPV 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 were indicted. The trial date is now set, for Jan. 8, 2018. The Kelly/Percoco corruption was just one part of a much larger corruption scandal that threatens to taint Gov. Cuomo’s re-election campaign next year. The larger scandal involves something dubbed Buffalo Billions. Corruption runs so deep in New York, we feel filthy just reading about it. Yesterday a federal judge overseeing the larger case split the case in two. The part of the case involving the CPV bribe happens in January, while the Buffalo Billions case happens next May. We try to sort it all out below…
    Read More “Trial Date Set for Corruption re Wayawanda, NY CPV Power Plant”

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    NY DEC Tells Williams NE Supply Water Permit App is “Incomplete”

    In March of this year, Williams filed a full, official application for the Northeast Supply Enhancement project (see Williams Files with FERC to Expand Transco Pipeline to NYC, NE). The new project is meant to increase pipeline capacity and flows heading into northeastern markets. In particular, Transco wants to provide more Marcellus natural gas to utility giant National Grid beginning with the 2019-2020 heating season. National Grid operates in New York City, Rhode Island and Massachusetts. There are a number of components to the project, but the key component, the heart of the project, is a new 23-mile pipeline from the shore of New Jersey into (on the bottom of) the Raritan Bay–running parallel to the existing Transco pipeline–before connecting to the Transco offshore. Just two days ago we told you about an effort in NJ to oppose it (see Battle Heats Up for NJ-NY Raritan Bay NatGas Pipeline). Much of the Raritan Bay pipeline is located in New York territorial waters. In a case of “here we go again,” the New York Dept. of Environmental Conservation (DEC), which has been corrupted and politicized by Gov. Andrew Cuomo, sent a notice to Williams (to their Transco subsidiary) to declare the application for a 401 water-crossing permit for the Northeast Supply Enhancement project is deemed “incomplete,” pending certain items…
    Read More “NY DEC Tells Williams NE Supply Water Permit App is “Incomplete””

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    Battle Heats Up for NJ-NY Raritan Bay NatGas Pipeline

    Click for larger version

    In March of this year, Williams filed a full, official application for the Northeast Supply Enhancement project (see Williams Files with FERC to Expand Transco Pipeline to NYC, NE). The new project is meant to increase pipeline capacity and flows heading into northeastern markets. In particular, Transco wants to provide more Marcellus natural gas to utility giant National Grid beginning with the 2019-2020 heating season. National Grid operates in New York City, Rhode Island and Massachusetts. There are a number of components to the project, but the key component, the heart of the project, is a new 23-mile pipeline from the shore of New Jersey into (on the bottom of) the Raritan Bay–running parallel to the existing Transco pipeline–before connecting to the Transco offshore. The gas flowing through the new pipeline will power an additional 2.3 million homes in the NYC area. Pre-filing for the project was done in May 2016, and the official application, as we said, was filed in March 2017. However, anti-fossil fuel fanatics (like the Sierra Club) have just woken up and are now protesting against the project–because the pipeline will run through the bay…
    Read More “Battle Heats Up for NJ-NY Raritan Bay NatGas Pipeline”