Lycoming County

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    PA Court Rules Compressor, Gas Well Not “Single” Emission Source

    A somewhat obscure court case in Pennsylvania has potentially big implications for drillers who also own pipeline subsidiaries. In Lycoming County, PA, Seneca Resources (subsidiary of National Fuel Gas Company) drilled a series of wells on a pad called Well Pad E. Another NFG subsidiary, NFG Midstream, connected gathering lines to Well Pad E. NFG Midstream operates a compressor station to push the gas through the pipeline system. Both the well pad and the pipeline/compressor station are subject to air emissions regulations by the state Dept. of Environmental Protection (DEP). Each subsidiary on its own–the well pad, and the compressor station–don’t produce enough emissions to trip a costly upgrade in technology. However, if you combine both together into a single “source,” the two together do cross the threshold and would cost NFG big bucks in emissions technology to comply. The DEP lumped both together and told NFG to upgrade their emissions technology. Thing is, if another company owned the pipeline system, say Williams, the DEP would not have tried combining the two into a single source. So NGF appealed the DEP decision to the Environmental Hearing Board (EHB), a quasi-court set up to hear appeals of DEP decisions. The EHB found in favor of the DEP, so NFG appealed it again, this time to PA Commonwealth Court. Last week the court overturned the DEP decision and said just because two subsidiaries have the same parent, you can’t just lump them together as a single source for air emissions regulations… Read More “PA Court Rules Compressor, Gas Well Not “Single” Emission Source”

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    PA Enviro Justice Listening Tour Continues to Draw Almost No One

    Last December the Pennsylvania Dept. of Environmental Protection (DEP) said it would go on a “listening tour” in early 2017, to focus on so-called environmental justice (see PA DEP to Conduct ‘Listening Tour’ for ‘Environmental Justice’). The DEP finally set up a schedule for its listening tour, which began in March in Greene County (see PA DEP Conducting “Listening Tour” for “Environmental Justice”). Our take: “environmental justice” means asking poor people if they’ve been abused by the oil and gas industry in any way–and if they have a beef, the DEP will “do” something about it. The first session in the tour was interesting for several reasons. For one, just a handful of people turned out–a maximum of 30 in the crowd. For another, the po’ folk didn’t bother coming. It seems only radical activists bothered to turn up, claiming to represent the abused, repeating the same tired, old lies they always repeat. Another stop along the tour was held last week in Williamsport, PA. The pattern repeats. If anything, there were fewer people in the crowd–about 20 according to the local newspaper. Next to nobody turns up for these things. Why is the DEP wasting its time, and PA taxpayers’ money?…
    Read More “PA Enviro Justice Listening Tour Continues to Draw Almost No One”

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    Voice Support for Atlantic Sunrise @ PA DEP Event Apr 19

    For months MDN has encouraged its readers to get behind and support Williams’ Atlantic Sunrise Pipeline project–a $3 billion, 198-mile pipeline project running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from northeastern PA with the Williams’ Transco pipeline in southern Lancaster County. In February the Federal Energy Regulatory Commission (FERC) gave its final seal of approval for the project (see Atlantic Sunrise Pipeline Gets Final Approval by FERC). But such approvals are never the last word in the complex world of building pipelines. In addition to FERC’s approval, Williams still needs permits from the PA Department of Environmental Protection (DEP) and the U.S. Army Corps of Engineers. The DEP moves like a glacier, but finally they are holding their first public hearing on the project. The hearing will deal specifically and only with a compressor station in Lycoming County, PA. The hearing is scheduled for April 19 (next Wednesday) in Jersey Shore, PA. You KNOW the antis will launch an all-out assault at the meeting. It is important for those of us who support Atlantic Sunrise to also attend and offer words of support for the compressor station, and the project. Williams has a special form (click here) where you can register your intent to attend…
    Read More “Voice Support for Atlantic Sunrise @ PA DEP Event Apr 19”

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    Gorsline Zoning Case Argued Before PA Supreme Court Justices

    Not long after the Pennsylvania legislature passed the Act 13 Marcellus Shale drilling law in 2012, signed into law by then-Gov. Tom Corbett, seven selfish towns sued, claiming they should have the right (via zoning laws) to determine just where an oil and gas well can be located within their borders. The challenge was brought by rabid anti-drillers and appealed all the way to the PA Supreme Court, where unfortunately the antis won (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). What the antis didn’t think about was the fact some towns may decide to exercise their newly-won rights–to allow wells, instead of prohibit them. Whoops. Guess they didn’t see that one coming. A town in Lycoming County decided to allow a shale well on property zoned residential/agricultural (i.e. farming country). Anti-drilling Big Green groups, including PennFuture, THE (arrogant) Delaware Riverkeeper, and the Peters Township gang (none of which are from mid-PA where the town is located) sued to deny the town the right to exercise its Act 13 authority to allow a shale well. A sham county judge granted a victory to the antis. But it was temporary. On appeal, the higher 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, or allow, shale drilling (see Major Victory for PA Landowners/Drillers in Lycoming County Case). The case, Brian Gorsline v. Board of Supervisors of Fairfield Township (Gorsline is an avowed anti-driller), was appealed to the PA Supreme Court and yesterday in Philadelphia the Supremes heard oral arguments. Can we determine anything from the tone of the questions?…
    Read More “Gorsline Zoning Case Argued Before PA Supreme Court Justices”

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    Anadarko Settles Criminal Case, Pays $53K for Killing Salamanders

    When was the last time you heard of someone indicted on criminal charges and instead of doing time in jail, they just paid money? While some crimes involve fines, they always involve jail, or probation, or some form confinement/punishment other than just paying money. At least that’s what we always thought. But if you’re part of the Gestapo, otherwise known as the Environmental Crimes Unit of the Pennsylvania Attorney General’s Office, apparently the rules don’t apply. People in the AG’s office can accuse you of a crime, then shake you down for money, and give that money away to anyone they want. That’s what just happened with Anadarko. As we recently reported (see Anadarko Indicted for Killing 165 Salamanders in Lycoming County), in February 2015 a storage tank at an Anadarko well pad leaked. Approximately 1,000 gallons of produced water leaked out of the tank and into a drainage ditch (i.e. “unnamed tributary”), ending up in a local creek where it killed 169 (or 165, depending on the source) salamanders. It was an accident. However, the Environmental Crimes Unit of the PA Attorney General’s office hauled Anadarko and their contractor into court, charging them with environmental crimes. In order to make it all go away quickly, Anadarko and the contractor settled, paying $53,078. The kicker is this: the bulk of the fine money doesn’t even go to the state of PA. Instead, $40,000 of the fine money goes to a private non-profit organization–the Northcentral Pennsylvania Conservancy. Nothing against the Conservancy and good work they do, but this is wrong…
    Read More “Anadarko Settles Criminal Case, Pays $53K for Killing Salamanders”

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    Positive Signs that Shale Drilling is Coming Back in Central PA

    As MDN has noted over the past several months, the signs have been positive that Marcellus/Utica drilling is picking up once again. But that doesn’t mean it’s picking up in every location. Or does it? One of the hotbeds of drilling activity “back in the day” was in several northeastern/central Pennsylvania counties, including Tioga, Bradford, Lycoming and Sullivan. But then the bottom fell out of the industry (with super low prices) and drilling all but dried up in those counties. The good news is that there are signs of life, once again, in the central counties of PA. Between Nov. 1 and Mar. 6, 30 drilling permits were issued in Tioga County, 12 permits in Lycoming County, and (somewhat surprising), 8 permits issued in Sullivan County. Shale is coming back!…
    Read More “Positive Signs that Shale Drilling is Coming Back in Central PA”

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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….
    Read More “Anadarko Indicted for Killing 165 Salamanders in Lycoming County”

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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…
    Read More “PA Case Highlights Risk in Using Non-Lawyer to Negotiate Lease”

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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…
    Read More “Northeastern PA Counties Explore Alliance to Pass Royalty Reform”

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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…
    Read More “Look Ma, No Pipeline! Lycoming County Co. Begins CNG Shipments”

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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…
    Read More “Anadarko Sells All Marcellus Assets for $1.24B to Alta Resources”

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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…
    Read More “Panda’s Marcellus Gas Power Plants Fined for Using Too Much Water”

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    Panda’s 2nd Marcellus-Powered Electric Plant Goes Online in PA

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    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…
    Read More “Panda’s 2nd Marcellus-Powered Electric Plant Goes Online in PA”

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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…
    Read More “Cause of Williams Leidy Pipeline Explosion in 2015 was Corrosion”

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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…
    Read More “Drill Cuttings Used to Build New Road in Lycoming County, PA”

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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… Read More “Big Stakes: Gorsline Zoning Case Goes to PA Supreme Court”