Pennsylvania

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    PA Supreme Court Upholds Block on DEP Chapter 78a Drilling Regs

    In October 2016, after five years in the making, Pennsylvania adopted new shale drilling regulations (see PA’s New Chapter 78a Drilling Regs Go into Effect Oct 8). Although the regs were ready at the end of the Gov. Tom Corbett Administration, Corbett fumbled the ball and the regs didn’t get adopted, which left them vulnerable to the incoming left-leaning Tom Wolf Administration. Wolf’s people mangled the regulations under the Dept. of Environmental Protection (DEP) Dictator/Secretary John Quigley, who got fired over unethical collusion with Big Green groups. Some of the good stuff remained, but onerous new elements were introduced. The Marcellus Shale Coalition (MSC), which represents PA’s biggest shale drillers, filed an appeal in Commonwealth Court to block the most onerous aspects of the new regulations (see Marc. Shale Coalition Files Lawsuit to Block PA Chapter 78a Regs). The judge agreed to “temporarily” block some of the items in the MSC list (see PA Judge Temporarily Blocks Some DEP Chapter 78a Drilling Regs). In December 2016, the DEP escalated the case by asking the PA Supreme Court to undo the block on those regulations imposed by the lower Commonwealth Court (see PA DEP Asks Supreme Court to Overturn Stay on New Regs). Last October the Supremes heard oral arguments in the case (see PA Supreme Court Hears Arguments on DEP Request to Unblock Regs), and on Friday the Supremes ruled to not undo the block on DEP’s onerous regs–but instead bumped the case back down to Commonwealth Court to let the matter play out there…
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    PA Senator Intros Bill Declaring DRBC Frack Ban ‘Taking’ of Property

    PA State Sen. Lisa Baker

    Three cheers for PA Senator Lisa Baker (Republican from Luzerne County). Rather than wait around for the Delaware River Basin Commission (DRBC) to move forward with adopting a threatened ban on fracking within their jurisdiction–a patently illegal move–Baker isn’t waiting. She’s taking a different approach to defeating the DRBC ban. Her approach is to bankrupt the DRBC if they decide to move forward with it. How? By introducing a bill which, if it becomes law, would make a DRBC ban officially a government “taking” under eminent domain. If the government “takes” (or seizes) a citizen’s property, that citizen is, under law, owed money from the government entity seizing the property. There is no way on God’s green earth the DRBC would/could have enough money to pay all of the landowners it’s shafting with a frack ban. Affected landowners live primarily in Wayne and Pike counties in northeastern PA. This is a brilliant move on Baker’s part–IF she can get the bill passed and signed into law by the feckless Tom Wolf…
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    PA Dems & RINOs Intro Bill Creating Commission to Stop New Pipes

    On Friday, a small group of anti-drilling Democrats and RINOs introduced a “bi-partisan” resolution that would create yet another black hole to dump taxpayer money into–a so-called Commission to Study Pipeline Construction and Operations that would “recommend improvements for the safe transport of oil, natural gas and other hazardous liquids through pipelines.” The “bi-partisan” (meaning TOTALLY partisan and anti-pipeline) members include Republicans in Name Only from the Philadelphia area coupled with virulent antis from the Democrat party. They do their best, with the help of sycophantic supporters in the media, to make it sound like an unbiased, impartial look at how to make pipelines safer and better. It’s nothing of the sort. It’s a commission aimed at shutting down any more pipeline development in the Keystone State. The good news, if there can be said to be good news, is that resolutions and in this case the commission it would create have zero ability to impose laws or regulations. It is an exercise in bloviating, giving a bunch of windbags a forum from which to bash fossil fuels and the methods used to extract and transport them. We predict this resolution is going nowhere fast…
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    SWPA Farmer Claims Shale Damaged Cattle Health, Reproduction

    A farmer who raises Angus beef cattle in East Millsboro (Fayette County), PA, in the southwestern corner of the state, claims that a shale well drilled on his property in 2010 by Atlas Energy (now owned by Chevron) created a “seep” that is affecting the health of his cattle. A seep is a place where water/liquids leak out of the ground. Soon after the well was drilled the farmer began to have trouble with his yearling heifers not getting pregnant. For those grazing near the well, only half got pregnant. The farmer then kept his herd from grazing near the well and noticed the pregnancy rate went from half to 100%–except for those who had previously grazed near the well. They continue to struggle with no pregnancies and miscarriages. All of which sounds like conclusive evidence that there is a problem with the well leaking something into the environment. However, both Chevron and the state Dept. of Environmental Protection have investigated and have not found any evidence that the well is impacting the health of the farmer’s herd. What do you do in a case like that?…
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    PA Natural Gas Production Hits New All-Time High in 1Q18

    Yesterday, the PA Independent Fiscal Office (IFO) released their latest quarterly Natural Gas Production Report for Jan-Mar 2018 (full copy below). It shows natgas production rose 9.9% compared to the same period last year. It also shows the number of producing wells is up 9.1% from last year. Total natural gas production volume was 1,441.2 billion cubic feet (Bcf), and the number of producing wells in 1Q18 was 8,402 (of which 7,913 were shale wells). The biggest news is that once again 1Q18 saw the highest quarterly production of natural gas in the state–ever. The previous quarterly report had been the highest ever until this report (see PA Natural Gas Production Hits Another All-Time High in 4Q17). Two-thirds of the state’s natural gas production comes from four counties: Susquehanna, Washington, Bradford and Greene. The #1 county for natgas production in 1Q18 was, as it was in each quarter of 2017, Susquehanna County, in the northeastern corner of the state. The #1 producing driller in Susquehanna County is Cabot Oil & Gas. Here’s the full 1Q18 natural gas production report from the IFO…
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    PA DEP Hellbent to Ram Through 250% Hike in Shale Permit Fee

    Pennsylvania Gov. Tom Wolf’s Dept. of Environmental Protection (DEP), the agency charged with overseeing oil and gas drilling in the state, “blindsided” the shale industry in February with a proposal to hike the fee required when submitting an application to drill a new shale well (see PA DEP Plans to Raise Marcellus Well Permit Fee by 250%). The current fee is $5,000. The proposed new fee is $12,500–or 2.5 times (250%) higher. We understand…the DEP has fewer people working there than it once did and needs to hire more help. However, the DEP wants to slap this insanely high fee on shale drillers to (in part) cover the expenses associated with non-shale activities! According to the Pittsburgh Post-Gazette, the shale permit fees will, “fund the broad scope of the [DEP] office’s operations, including its oversight of traditional [i.e. conventional] oil and gas wells, gas storage wells, abandoned wells and earthmoving activities.” How is it, in any sense, fair to hike the fees of shale drillers so DEP agents can better keep an eye on non-shale wells? The DEP plans to steamroller this increase through. Last week the DEP’s own Environmental Quality Board approved the increase. The next step is to publish a notice about the increase in the Pennsylvania Bulletin. That will trigger a 30-day public comment period. However, don’t look for the fee increase to happen right away. It appears DEP thinks they’ll have a royal fight on their hands (which they will), because they said the fee increase won’t happen until 2019 or maybe even 2020…
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    Two More $1M NatGas Pipeline Grants Coming Courtesy PA Taxpayers

    PA Gov. Tom Wolf

    It’s Christmas in Pennsylvania. Last week PA Gov. Tom Wolf and his Dept. of Community and Economic Development (DCED) announced the award of nine grants “to promote energy efficiency and spur economic development.” Among those nine grants are two grants for new natural gas pipelines. Two $1 million grants were awarded from the PA Pipeline Investment Program (PIPE), one to flow gas to a wax manufacturer in McKean County that wants to switch from using coal to natgas, and the other to serve over 500 new residential and business gas customers in Wayne County. Other grants in the list of nine include $965,000 for a 2000 kW CHP (combined heat and power) system for the Villanova University campus, and $1.2 million for a 2,000 kW CHP system for the Bayer Healthcare facility in Myerstown. In general we’re not in favor of corporate welfare, which is what this is (let’s just be honest). However, this is a pretty mild case of it. We can think of worse ways to blow taxpayer’s money. Essentially these relatively small investments keep more PA gas in PA by running pipelines to residents and businesses that will use it, and by helping fund power plants that will use it. Think of the grants as seed money to encourage more PA gas staying in PA, generating jobs at the same time…
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    Towns Compete in PA DEP Hunger Games to Grab $12.6M of ME2 Cash

    Que the music with dramatic drums, cymbals and trumpets. Camera A, zoom in on Secretary McDonnell. The whole state is watching. It’s time for the Pennsylvania Dept. of Environmental Protection (DEP) Hunger Games to begin! In February Sunoco Logistics Partners agreed to pay a massive (historically high) $12.6 million fine to the PA Dept. of Environmental Protection (DEP) for “permit violations related to the construction of the Mariner East 2 pipeline project” (see Sunoco LP Pays PA DEP $12.6M to Resume ME2 Pipeline Construction). Sunoco’s ME2 construction activities caused a few erosion issues here and some drilling mud leaks there–so-called “harms” to the environment. Surely some of the massive, historically high $12.6 million fine will be used to “fix” those problems, right? Wrong. Sunoco had to pay twice–pay to clean up the problems AND pay the fine. The fine was essentially a shakedown, Sunoco had to pay it or they would not be allowed to resume construction work on ME2. In April the DEP announced a new program to distribute the $12.6 million of fine money (see PA DEP Hunger Games Competition to Distribute $12.6M in ME2 Money). In Hunger Games tradition, the DEP is conducting a lottery for the 85 municipalities along ME2’s path, allowing those “districts” to submit begging proposals to request some of the money for programs in their district. The contestants have 45 days, from May 7 to June 20, to make a grab for the cash (i.e. submit a grant application). Here’s how one town in Lebanon County is preparing what they hope is a winning entry–their chance to grab some of ME2’s money…
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    Faux “Conservative” PA Energy Group Launches Promoting Solar/Wind

    Last week at a press conference an organization calling itself the Pennsylvania Conservative Energy Forum (PennCEF) officially launched. The group says it, “seeks to provide a conservative voice in the state energy policy debate, supporting common-sense, all-of-the-above energy solutions that are good for the economy, grid and national security, and the conservation of our state’s natural resources.” PBS’ StateImpact Pennsylvania, a mouthpiece for Big Green groups, opens its glowing article of the new “conservative” organization this way: “A group of political conservatives wants a voice in the state’s energy future.” Big red flag when StateImpact writes positively about a “conservative” group. We read the StateImpact article, located the PennCEF press release from last week, and looked over their website in detail. It appears PennCEF promotes an “all of the above” energy philosophy–EXCEPT fossil fuels, which are THE major source of energy today and for the next several generations. The use of the phrase “all of the above” used by PennCEF sounds eerily like what Lord Obama used to say. He said “all of the above” but meant he would pick the winners and losers. Solar and wind are the winners, fossil fuels the losers. Which is not truly an “all of the above” philosophy. We scoured the PennCEF website and a single reference (on an infographic) to natural gas. Nothing else about shale gas and its role in a clean energy future. We reviewed the Executive Leadership Council bios, the people who run the organization, and found Big Green, Big Solar, Big Wind, and Big Libs among those steering the organization. Our conclusion? There’s nothing “conservative” about PennCEF–other than a misappropriation of the word conservative…
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    PA House Bill to Neuter SRBC, DRBC Makes It to First Base

    As we reported in April, a Pennsylvania House of Representatives member, Dan Moul (Republican from Gettysburg), introduced a bill, House Bill (HB) 2222, that would replace the Delaware River Basin Commission (DRBC) and Susquehanna River Basin Commission (SRBC) authority to regulate groundwater by vesting that authority solely in the hands of the state Dept. of Environmental Protection (see PA House Bill Would Neuter SRBC, DRBC Regulation of Ground Water). Moul’s ire is particularly focused on the SRBC and how the organization has interfered with (and charged a lot of money to) big water users, like farmers, in Moul’s district. It is about perceived abuses by the SRBC. That appears to be the bee in Moul’s bonnet. So he’s taking aim at removing the guts of both SRBC and DRBC and placing their power in the hands of the PA DEP, which presumably Moul thinks would be more amenable to the legislature with regard to water policies. While the DRBC is without question a rogue organization that needs reigning in, our impression of the SRBC has been, on balance, positive. SRBC doesn’t try to regulate fracking the way DRBC is attempting to do. At any rate, the point of this post is that we noticed Moul’s bill actually has some traction and has been assigned out to the House State Government Committee for consideration. A bill must first go to a committee and be reported out before it can go to the floor for a full vote by all members. This is step #1, or using a baseball metaphor, the bill made it to first base…
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    Sunoco Appealing ME1 Shutdown to Full PUC to Overturn Lib Judge

    As MDN reported last Friday, fossil fuel opponents finally located a liberal judge that they could persuade to abuse her judicial power to shut down not only construction on the 98% complete Mariner East 2 (ME2) pipeline project, but also shut down Mariner East 1 (ME1), a pipeline that has been working with no issues or problems for over a year (see Antis Get Lib Judge to Shut Down All Mariner East Pipes, Dems Rejoice). It is an outrage that a single judge can inflict such economic damage. Sunoco responded by saying they are pursuing “all legal remedies to overturn this Order, including our right to request PUC review of the Order, which will be filed within the next seven days.” If/when Sunoco appeals to the Public Utility Commission (PUC), the full commission can and likely will meet right away, in a non-public hearing, and could restore ME1’s right to flow NGLs immediately, overruling the judge’s overtly political order. It could happen as fast as this week, although it’s more likely to happen next week. In the meantime, every day ME1 is down, great economic harm comes to companies like Sunoco and their customers that use ME1, primarily Range Resources…
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    Utica Shale Beginning to Get More Love in PA and WV

    The Utica Shale is starting to get more love. No, not in Ohio where the play is already well-loved, but in Pennsylvania and West Virginia. Although it’s always been known that the Utica underlies the Marcellus and in fact covers a larger geography than the Marcellus, drillers have not targeted the Utica nearly as much outside of OH. Why? Because it’s nearly twice as deep as the Marcellus and costs more to tap it. The Marcellus is roughly a mile below the surface, and the Utica roughly two miles below. However, there is renewed interest in the Utica in PA and WV in 2018. Most of the Utica wells drilled in PA have, so far, been drilled by Hilcorp. JKLM is targeting the Utica in Potter County. SWEPI (Shell) has drilled a few Utica test wells, as has EQT, CNX and others. Most recently CNX and Seneca Resources mentioned targeting the Utica in their quarterly updates. Throw it all in the mix and what it spells is more Utica drilling on the way in what has, until now, been largely Marcellus country…
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    EPA Rejects Connecticut Request to Shut Down Pa. Power Plant

    Brunner Island Power Plant

    Brunner Island Power Plant is located in York County, PA, straddling Lancaster County. It is a huge, 1,490 megawatt coal-fired electric generating plant, and has been the target of environmentalists for years. In February 2017, MDN told you that the new owner of the plant, Talen Energy, invested $100 million to retrofit the plant so it can, at least part of the time, burn Marcellus Shale gas (see York County, PA Electric Plant Begins Using NatGas as Fuel). Talen said it “plans to burn little or no coal until 2019 as part of a ‘site evaluation.’” Meaning almost all (perhaps all) of the fuel powering the plant at this point is Marcellus Shale gas. Which is why we’re interested in the plant and what happens to it. However, it appears they still burn at least some coal from time to time. In February Talen signed an agreement to settle a lawsuit brought by the odious Sierra Club (see York, PA Electric Plant to Drop Coal, Burn Only Marcellus Gas). The terms of the settlement say Talen will burn only Marcellus gas at Burnner Island during “peak ozone season”–from May 1 through Sept. 30–starting in 2023. Talen will phase out coal completely by 2028. But all of that isn’t good enough for the state of Connecticut, which asked the federal EPA to shut down Brunner Island, permanently, claiming “computer models” show the plant is causing smog in CT. The EPA told CT to stuff it…
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    Antis Get Lib Judge to Shut Down All Mariner East Pipes, Dems Rejoice

    Anti-fossil fuel nutters have finally, after months and years, scored a minor victory. They’ve been shopping to locate an ultra-liberal judge who would ignore the law and instead issue edicts from the bench–to shut down both the Mariner East 1 (ME1) and Mariner East 2 (ME2) pipeline projects. Yesterday Elizabeth Barnes, an administration law judge for the Pennsylvania Public Utility Commission (PUC), unilaterally ordered Sunoco Logistics Partners to “cease and desist all current operation, construction, including drilling activities on the Mariner East 1, 2 and Mariner East 2X pipeline” in West Whiteland Township (Chester County, PA). The judge also moved to shut down all operations of Mariner East 1 across the state, ruling that she is “enjoining Respondent from operating Mariner East 1.” It is a breathtaking display of arrogance and seizure of power that does not belong to her. The ruling runs counter to other decisions regarding these critical pipeline projects–projects that have been thoroughly vetted by numerous regulatory agencies. Construction of ME2 is 94% complete! ME1 has been flowing NGLs for over a year–with ZERO problems! And yet Barnes has shut it all down, with the stroke of a pen. We predict it won’t last long…
    Read More “Antis Get Lib Judge to Shut Down All Mariner East Pipes, Dems Rejoice”

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    Clearfield County Still Looking for Way to Stop Injection Well

    It’s been seven long years since Windfall Oil and Gas first floated a plan to drill a shale wastewater injection well near Dubois, in Brady Township (Clearfield County), PA. After all that time, the PA Dept. of Environmental Protection (DEP) finally approved the project in March of this year (see PA DEP Approves Wastewater Injection Well in Clearfield Count). Residents who live near the proposed injection well have opposed the plan from the beginning. The Clearfield County Board of Commissioners is also opposed. In April, several residents filed an appeal of the DEP decision to approve the project to the Environmental Hearing Board, a special court set up to hear appeals of DEP decisions (see Clearfield County, PA Residents to Appeal Injection Well Approval). The appeal may take up to two years. In the meantime, the well is likely to get built anyway. Recognizing the well is coming, Clearfield Commissioners held a public hearing yesterday to strategize how they might still block the project, and barring that, how they will live with it if the project becomes reality…
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    Once Again Wolf Pushes DCED Sec. to Support Severance Tax

    Dennis Davin – Sec. DCED

    Secretary of the Pennsylvania Dept. of Community and Economic Development (DCED), Dennis Davin, is once again doing what he’s told, in order to keep his job. The DCED’s job is to promote new business to locate in PA, not drive it away. Davin is a bright guy. He knows that higher taxes drive businesses away. But he works for the most liberal governor in America (well, maybe second most, next to Andrew Cuomo). And when Wolf says “Jump!”, Davin has to ask, “How high?” That’s the only explanation we can think of for why Davin continues to support an insane severance tax on top of the existing impact tax–a double tax that would, along with the already-high corporate income tax in PA, force PA into the role of having the highest effective oil and gas taxes in the country. Davin wrote an editorial recently appearing in the leftist Pittsburgh Post-Gazette, supporting his boss’ insane plan for a severance tax. It’s not the first time Davin has had to stoop this low. He did the same thing last year (see PA DCED Sec. Promotes Wolf’s Marcellus-Killing Severance Tax). Poor Dennis…
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