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Anadarko Indicted for Killing 165 Salamanders in Lycoming County

BREAKING NEWS, BREAKING NEWS: Anadarko well pad site leaks wastewater and kills 165 salamanders. Funeral services are being arranged. This would almost be funny, if it wasn’t real. No, not funeral services for salamanders (although it’s not beyond believable in this day and age). In 2014 Anadarko drilled a shale well in Lycoming County, PA. In February 2015, a storage tank at the well pad–used to temporarily store produced water coming from the well (wastewater storage happens at ALL shale well sites)–either experienced a leaky valve, or was overfilled, depending on whom you ask. About 1,000 gallons of produced water leaked out of the tank and subsequently out of containment and into a drainage ditch (i.e. “unnamed tributary”) and found its way into a local creek, killing 165 (or 169, depending on the source) salamanders. And now (no lie), the Environmental Crimes Unit of the PA Attorney General’s office is hauling Anadarko and their contractor into court, charging them with environmental crimes. A PA Fish and Boat Commission biologist estimates the dead salamanders were worth $6,156–or ~$37 each. Careful where you step! If you step on a salamander in PA and accidentally kill it, the state will charge you $37 and somebody from the AG’s office will pay you a visit. It can get expensive walking along a creek in PA….
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PA Case Highlights Risk in Using Non-Lawyer to Negotiate Lease

In August 2013 an extensive investigative article about a then-director for the Pennsylvania Game Commission, William A. Capouillez, appeared in the Philadelphia Inquirer (see PA Director of Game Commission Double-Dipping with Gas Leases?). The article spotlighted a potential conflict of interest between Capouillez’s day job and his moonlighting side job as an agent for property owners who lease their land for oil and gas development. The issue? He was signing private deals with the same companies that often work with his state agency. The State Ethics Commission did a lengthy investigation and three years later, the Commission levied a $75,000 fine, which Capouillez agreed to pay (see Former PA Game Commissioner Fined $75K for Lease Moonlighting). Although he paid the fine, Capouillez remained defiant and said the fine is a tiny fraction of the original fine sought–an indication of his vindication. There is new litigation involving Capouillez. One of the leases he negotiated was on behalf of the Laurel Hill Game and Forestry Club with Range Resources. The way Capouillez constructed his leases was that he would get a cut, a percentage, of any lease signing bonus and ongoing royalty payments, in return for the leases he brokered. Range never drilled on Laurel Hill’s property, but they did start to push dirt around a few hours before the lease expired as a way of holding the acreage (some would call their action a less-than-honorable practice). Laurel Hill sued Range and the lawsuit was later settled by drafting up a new lease with new terms. The new lease/terms were not brokered by Capouillez and he was cut out of the deal–so Capouillez sued both Laurel Hill and Range. The moral of the story, according to lawyers writing about the case, is to never use non-lawyers to represent you in lease negotiations…
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Northeastern PA Counties Explore Alliance to Pass Royalty Reform

One of the issues that isn’t going away is the demand by landowners in some Pennsylvania counties, like Bradford, for lawmakers in the state to pass a bill that guarantees them what they believe they are already guaranteed–a 12.5% minimum royalty, based on a 1979 law that states they should get such a royalty. We’ve extensively covered what we call a civil war between two parties who are otherwise friendly toward each other–landowners and shale drillers. Last year the issue came to a head with House Bill (HB) 1391 (see our list of stories here). In a nutshell, landowners say Chesapeake Energy and some other drillers are taking post-production deductions out of landowners’ royalty checks, resulting in royalty payments far below 12.5%. In some cases landowners are receiving bills for money owed to the driller–after the driller pulled the gas out of the ground! Who in their right minds leases land for drilling so they can PAY the driller! It is an outrage and landowners want it stopped. Drillers, on the other hand, say you can’t just change contracts after they’ve been signed, punishing the entire industry for the bad actions of a few. Drillers say the proper response is for landowners to sue the bad apples. Frankly, it’s all a mess. The new news is that landowners from Bradford and several other northeastern PA counties, tired of being outmaneuvered by drillers, are actively talking about forming an alliance to try and garner enough support in Harrisburg to get a bill like HB 1391 passed this year…
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Look Ma, No Pipeline! Lycoming County Co. Begins CNG Shipments

In June 2015 MDN told you about a really cool plan by a Pennsylvania company to establish a CNG (compressed natural gas) terminal in Lycoming County, PA as a way to get natural gas to manufacturers, fleets and businesses where no pipeline infrastructure now exists (see Getting Marcellus NatGas to Customers without Pipelines). Compass Natural Gas Partners, based in Camp Hill, PA, said they would build a first-of-its-kind CNG terminal in Lycoming County that will accept Marcellus Shale gas in, clean it up (get rid of the water in it), compress it to 3600 psi, and load it into specially designed trailers that haul it to customers. And then the project went quiet for the next year and a half. Except it wasn’t really quiet. Compass, with a tag line on their website that says “All We Need is Road,” built the terminal and it went fully operational in December. Trucks are now servicing customers in Cambria and Mifflin counties…
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Anadarko Sells All Marcellus Assets for $1.24B to Alta Resources

One of the country’s largest oil drillers is calling it quits in the Marcellus natural gas play. Earlier today Anadarko announced it has cut a deal to sell all of its Marcellus acreage and wells to Alta Resources for $1.24 billion. The deal is big, including 195,000 acres and daily production from wells that averages 470 million cubic feet per day (MMcf/d). That’s the news you’ll get everywhere else. Here’s the part of the story you’ll read exclusively here on MDN: Anadarko has a partner in the Marcellus–Mitsui–which is also selling their interest in the PA Marcellus to Alta, for $207 million. Also, background on the deal you won’t read anywhere else: Alta was an early investor in the Marcellus, but sold out all of their acreage in 2010. Now they’re back. Anadarko and Mitsui sold for far less than the acreage was valued at in 2010–we’d call it getting taken to the cleaners. MDN sorts it all out below…
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Panda’s Marcellus Gas Power Plants Fined for Using Too Much Water

Panda Power FundsOver the past two months Panda Power Funds has brought online the first two built-from-scratch-to-use-Marcellus-gas electric plants, both in northeast Pennsylvania (see First NatGas Power Plant in Marcellus, Panda Liberty, Goes Online and Panda’s 2nd Marcellus-Powered Electric Plant Goes Online in PA). Before Panda owned and built the “Liberty” and “Patriot” power plant projects, they were first owned and begun by Moxie Energy. Moxie secured all of the necessary permits and then sold the two projects to Panda (see Moxie Liberty Sells PA Electric Plant Project to Panda Power and Panda Power Buys Rights for 2nd Marcellus-Fueled Electric Plant). Panda is also building a third power gen project by converting a former coal-fired plant into burning Marcellus gas (see Panda Power Building 3rd Marcellus-Fired Electric Plant in PA). Word has come out that when Panda was building the two Moxie-purchased plants, Liberty and Patriot, they used more water than the original plan called for. Panda says Moxie’s original plan didn’t allow for enough water needed to properly test the plants. The Susquehanna River Basin Commission (SRBC) has been in talks with Panda about all three of their projects and the water overages for each. News reports say that Panda has worked out a deal with the SRBC to pay the agency a $97,000 fine for using too much water…
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Panda’s 2nd Marcellus-Powered Electric Plant Goes Online in PA

patriot
Panda Power Patriot Plant – Montgomery, PA

Last month Panda Power Funds held the official commissioning ceremony to launch the operation of Panda Liberty, a 829-megawatt Marcellus gas-fired electric generating plant in Asylum Township, Bradford County, PA (see First NatGas Power Plant in Marcellus, Panda Liberty, Goes Online). It was the world’s first built-from-scratch electric generating plant built specifically to use Marcellus Shale gas. Yesterday Panda Power commissioned the world’s second built-from-scratch-to-use-Marcellus-gas electric generating plant: Panda Patriot. Officials from across Pennsylvania joined Panda Power for the ceremony of their second 829-megawatt plant, this one in Lycoming County. One person attending described the reaction of those at the ceremony: “They were in awe.” As well they should be! This one plant is expected to contribute around $5.85 BILLION to the local economy. The economic impact will be staggering. (You see why these natgas-fired electric plants are such a big deal?) Here’s what went down yesterday at the Panda Patriot party…
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Cause of Williams Leidy Pipeline Explosion in 2015 was Corrosion

report-findingsA Williams Transco Leidy pipeline ruptured in Lycoming County, PA in June 2015 (see Williams Transco Leidy Pipeline Ruptures in Lycoming County, PA). There was no fire–and no one was injured–but families within a 3-mile radius were evacuated as a safety precaution. By 11:45 pm they were allowed to return home. Now more than a year later, the U.S. Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued a report finding corrosion was found on the pipeline–but the corrosion was on the outside of the pipeline, not on the inside…
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Drill Cuttings Used to Build New Road in Lycoming County, PA

drill cuttingsImagine this: a backhoe sinks its bucket into the ground, scoops out some dirt, and the dirt is used to build a road. No big deal. Now imagine this, a very long drill goes down into the earth and digs out dirt. Because the dirt comes from deep down, some of it may be mixed with minerals not found near the surface, so a company processes the deep down dirt to remove any extra minerals, and the dirt is then essentially the same chemical composition as the dirt from near the surface–and it’s used to build a road. The dirt from deep down is called drill cuttings. Environmental Nazis repeat the magical incantation, “It’s been fracked!” and therefore they begin to hyperventilate that “fracked waste” is being used to build a road. Our example illustrates antis’ intellectual dishonesty about what drill cuttings are. When we spotted a story that a private hunting club in Lycoming County (Williamsport area) in PA will build a new road using processed drill cuttings, and the spin job done by the anti-drilling shills at the taxpayer-funded PBS StateImpact Pennsylvania, we had to laugh…
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Big Stakes: Gorsline Zoning Case Goes to PA Supreme Court

theyre backGuess who’s back with a case now before the Pennsylvania Supreme Court? Yep, the odious nutters from Big Green Groups PennFuture, THE (arrogant) Delaware Riverkeeper, and the Peters Township gang. You may recall we reported last September of the humiliating defeat suffered by these groups in the “Gorsline” case (see Major Victory for PA Landowners/Drillers in Lycoming County Case). It was a Lycoming County zoning case before the Pennsylvania Commonwealth Court. In Gorsline v. Board of Supervisors of Fairfield Township, anti-drilling neighbors, including Brian and Dawn Gorsline, Paul and Michele Batkowski and others (collectively “Gorsline”) sued to stop a conditional use permit granted by Fairfield Township to allow Inflection Energy to construct a well pad on the property of Donald and Eleanor Shaheen. The case was weak, but the lowest court in the PA court system–the Court of Common Pleas (i.e. county court)–said the ninny nanny neighbors had a right to strip away the Shaheen’s property rights to allow drilling on their own property. The PA Commonwealth Court obliterated the faulty reasoning of the lower court and, significantly, redefined how courts should interpret the results of the Act 13 zoning lawsuit that allows local municipalities the right to restrict shale drilling. Unfortunately the matter won’t rest there. The Pennsylvania Supreme Court has taken up the Gorsline case on appeal. The PA Supreme Court has a 5-2 majority of left-leaning Democrats. Below we have a copy of the brief filed by PennFuture on behalf of the ninny nanny Gorslines, along with “friend of the court” briefs filed by THE Delaware Riverkeeper and Peters Township. Folks, this is a dangerous case the for drilling industry… Continue reading

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Shakedown Complete: XTO Pays PA AG $400K to Make Case Go Away

Make Him an Offer He Can't RefuseJust prior to going on trial for committing felonies while in office, Pennsylvania Attorney General Kathleen Kane (Democrat) needed something, ANYTHING, to distract the press from focusing on her own crimes. Since she took office in January 2013, Kane has targeted the Marcellus industry. One of the first high profile cases she manufactured (out of nothing) was to accuse XTO Energy of committing a crime in an accidental spill of a few thousand gallons of frack wastewater–an accident in Lycoming County, PA that happened years before she took office and didn’t have any long-term effects (see PA AG Abuses Her Authority, Files Criminal Charges Against XTO). The case Kane has tried to manufacture against XTO, launched in her first year in office, is finally over. Instead of dragging it out further, XTO decided to pay Kane $400,000 to make it all go away (called a shakedown in the organized crime world). Kane is settling with XTO using a “rehabilitation” program normally used for drunk drivers without a prior record–that’s how desperate she is to get this case settled and turn the focus away from herself for a few days. “Coincidentally” Kane’s own felony trial begins on Monday. It’ll be a sweet day to watch her frog marched out in leg irons when she’s convicted…
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Court Forces SWEPI to Pay PA Landowners $4.1M in Lease Dispute

Gavel-falling.jpgThe U.S. District Court for the Middle District of Pennsylvania has sided with landowners in a dispute with Shell’s shale drilling arm, called SWEPI (Shell Western Exploration Production Inc.). SWEPI signed a lease with two landowners who own a collective 1,036 acres in Lycoming County. SWEPI promised a $4,000 per acre signing bonus, but a few months after signing SWEPI decided they didn’t want the acreage after all and tried to cancel the lease and the bonus payment. The judge ordered SWEPI to pay $2,072,000 to each of the two landowner families…
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Panda Power’s 2 PA Marcellus-Fired Electric Plants Complete!

Panda Power FundsIn August 2013, Moxie Energy of Vienna, VA sold the permits/rights to build a new Marcellus gas-powered electric generating plant in Bradford County, PA to Panda Power Funds of Dallas, TX (see Moxie Liberty Sells PA Electric Plant Project to Panda Power). The project was renamed from Moxie Liberty to Panda Liberty. A few months later, in December 2013, Moxie sold a second Marcellus-gas fired electric plant project to Panda, this one slated to be built in Lycoming County, PA (see Panda Power Buys Rights for 2nd Marcellus-Fueled Electric Plant). That project was renamed from Moxie Patriot to Panda Patriot. Panda contracted with Gemma Power Systems (Connecticut) to build both 829-megawatt plants. We have some terrific news to share: Gemma reports completing both facilities and has turned them over to Panda to begin operation!…
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PA DEP Drops $8.9M Fine Against Range Res. re Methane Migration

Range ResourcesIn June 2015 then-Secretary of the Pennsylvania Dept. of Environmental Protection (DEP), John Quigley, slapped Range Resources with an $8.9 million fine–the largest such fine ever levied by the DEP (see PA DEP Slaps Range with Record $8.9M Fine for Methane Migration). Range’s enviro “crime?” Methane migration from a well in Lycoming County, PA. The DEP says the Range well, drilled in 2011, leaked methane since at least 2013 via an improperly cemented well casing, and the methane “contaminated the groundwater-fed wells of private water supplies, and a nearby stream.” Range and the landowner where the well is drilled say methane was in groundwater supplies long before Range drilled the well. Range fought the action tooth and nail, appealing the determination and fine to the PA Environmental Hearing Board (see PA DEP’s $8.9M Methane Migration Fine Appealed by Range Resources). Although the DEP is being hush hush, in early May the DEP dropped the fine and the case against Range…
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Bank Wipes Out Marcellus Welder’s Bank Accounts “Without Warning”

BB&TBe careful who you bank with. That’s the lesson from welding/fabricating company NuWeld Inc., headquartered in Williamsport, PA, NuWeld does a lot of business with the oil and gas industry, and lately that industry has been in decline in the Keystone State. The decline led to NuWeld’s bank, BB&T, getting skittish. BB&T, according to NuWeld, cleaned out their bank accounts. Took all of the money in them–and without money, NuWeld had to lay off all 150 employees. Apparently the money was the bank’s to take–but the reason they took it (cold feet instead of unpaid bills), is what grates. And the way they took it, without any warning, really grates. Here’s the story of “be careful who you bank with”…
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UGI Sunbury Pipeline Gets FERC Approval, Built by November?

UGI Marcellus assets map
UGI Marcellus assets map – click for larger version

Contrary to the lies spread by anti-pipeline groups like THE Delaware Riverkeeper, the Federal Energy Regulatory Commission is no rubber stamp for the oil and gas industry. In December 2014 Pennsylvania utility company UGI pre-filed an application to build a new 35-mile pipeline to feed a natgas-powered electric generating plant in Snyder County, PA (see UGI Pre-Files with FERC for New Marcellus Pipeline in Central PA and UGI Building 35-Mile Pipeline for Panda Power Electric Plant). The project was estimated to cost $150 million–money that goes into the local economy. It took long enough, but last week the Federal Energy Regulatory Commission (FERC) finally approved the project. The 20-inch Sunbury Pipeline will start in Lycoming County and travel through Montour, Union, and Northumberland counties, cross the Susquehanna River and ending up at Hummel Station Plant in Shamokin Dam in Synder County…
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