Pennsylvania

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    PA Court Rejects Request to Block Royalties Funding DCNR Operations

    Last June, radical anti-drillers from the Pennsylvania Environmental Defense Foundation (PEDF) won a case at the PA Supreme Court by the skin of their teeth (see PA Supreme Court Hands Antis Partial Victory re State Land Drilling). The case dealt with the narrow issue of how PA can spend revenue raised from allowing drilling for oil and gas under state-owned land. A divided court ruled that money from royalties (not lease signing bonuses) must be used only for “environmental” purposes. The Supremes sent the case back down to the lower Commonwealth Court to settle some of the still-unsettled issues. PEDF tried to fleece Commonwealth Court into disallowing lease bonus payments and royalties from being used to pay the operating expenses of the PA Dept. of Conservation and Natural Resources (DCNR). You read that right. The antis wanted to gut the funding that pays the people in the department to do their jobs! PEDF wanted lease and royalty money to be used exclusively for Big Green causes. Earlier this week Commonwealth Court told PEDF no, they will not address the issue of funding the salaries and operating expenses of DCNR. The only decision they will make, per their instructions from the lofty Supremes, is whether or not lease bonus payments must also be used for the same things royalty payments are used for–whatever those “same things” happen to be (operating expenses or not). In other words, if PEDF wants to gut DCNR, they will have to go back to the Supremes to do it…
    Read More “PA Court Rejects Request to Block Royalties Funding DCNR Operations”

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    Pittsburgh Presbyterians Call for Stop to Shell Cracker Construction

    It’s always a shame–in fact it grieves us–to see once-great Christian denominations succumb to a worldly rather than spiritual purpose and mission. It’s sad to see the modern day version of a golden calf erected in place of God. It’s happened again–this time with the Presbyterian denomination in Pittsburgh. An “umbrella group for 140 Presbyterian churches” in Allegheny County are calling on Shell to stop construction of their $6 billion ethane cracker plant project about 25 miles from Pittsburgh. That’s right–just stop now, throwing thousands of people out of work (not very Christ-like) and throwing away the $1 billion+ Shell has already spent on the fully vetted, fully permitted, fully discussed (for years) project. Why do the Presbyterians want work on the cracker plant stopped? Because the plant will produce “plastic products that have been linked to the death of animals and the diminishment of fragile natural habitats.” Yep. The Presbyterians are now anti-plastic. The very keyboard they typed up their tripe on is, of course, plastic. As was the computer and monitor they used, the chair they sat in, the clothes on their bodies and sneakers on their feet–all come from the plastics the Shell cracker plant will produce. Just for icing on the global warming cake, the Presbyterians are also demanding their denomination divest any of their considerable investments from companies remotely related to the fossil fuel industry. It seems that the golden calf of global warming has now replaced God in the Pittsburgh Presbyterian denomination. And yes, we do grieve over that…
    Read More “Pittsburgh Presbyterians Call for Stop to Shell Cracker Construction”

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    New Bill Would Force PA DEP to Work WITH the Marcellus Industry

    Pennsylvania State Rep. Brian Ellis (Republican from Butler County) introduced House Bill (HB) 1960 on Jan. 5. The bill, known as the “State Agency Regulatory Compliance Officer Act,” would create a new Regulatory Compliance Officer position in each state agency, including the Dept. of Environmental Protection (DEP). The new Compliance Officer would have the authority “to block an agency from imposing fines and penalties for violations and to rewrite the policies under which fines and penalties are imposed.” The aim of the bill is to force all PA state agencies (including the DEP) to work *with* the people and companies they regulate. It would create a different mindset–instead of “gotcha” enforcement of regulations, it’s aimed at making it easy to comply with regulations. The bill states this in its opening lines: “(1) It is the purpose of this act for agencies to work collaboratively with, instead of acting punitively towards, regulated communities. (2) Agencies should strive to make the regulations which the agencies administer and enforce as clear and easily navigable as possible for regulated communities. (3) In administering a regulation, an agency’s primary goal should be to ensure compliance rather than to exact punishment.” Those who love Big Government don’t like this bill. Will this bill go anywhere? Who knows! What the bill indicates to us is that at least some legislators (Republicans) in Harrisburg are listening and “get it.” What do they get? That PA has developed a reputation for burdensome regulations and if the state wants the Marcellus miracle to continue, and grow, things need to change at the DEP. A $83.7 billion investment by China in neighboring WV’s shale/petrochemical industries should be a bright, red slap across every PA legislator’s face. Wake up! If you don’t fix the DEP, quickly, you’ll lose PA’s Marcellus momentum to someone else…
    Read More “New Bill Would Force PA DEP to Work WITH the Marcellus Industry”

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    Work on Mariner East 2 Continues Following “Stop Work” Order

    Last week MDN reported the news that the Pennsylvania Dept. of Environmental Protection (DEP) has suspended all construction work on the Mariner East 2 Pipeline (ME2) project until further notice (see PA DEP Caves to Big Green Pressure, Stops All Work on ME2 Pipeline). However, all doesn’t necessarily mean all. A Chester County, PA anti’s celebration of the stop work order came crashing down when she noticed that work was still happening in an area located near her home. How can this be?! It seems the DEP’s statement that “all construction must stop” means “all construction which the DEP permits and authorizes must stop,” which can be further defined as “anything that disturbs the ground.” If the work involves digging, shoveling, etc., it’s stopped. But there’s still plenty of work that can continue–work that is not permitted by the DEP, including welding pipes together. That’s what’s happening at the site in Chester County–and local antis desperate to stop ME2 are mad and discouraged that Sunoco Logistics Partners continues to keep at least some of their workers busy while the company works to get full construction activity restored…
    Read More “Work on Mariner East 2 Continues Following “Stop Work” Order”

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    Jessup Town Board Continues Effort to Stop Gas-Fired Elec Plant

    We don’t know how many times we have to keep ringing the bell–this is a five-alarm situation! Wake up! A group of Democrats elected to the Jessup, PA Borough Council (Scranton suburb) are actively trying to block the completion of the state’s largest natural gas-fired electric generating plant–the first phase of which will be ready to go online in a little over a month. A bunch of ninny nanny antis didn’t like that they couldn’t stop the project, so they used money and help from Big Green groups last November to launch successful campaigns to defeat incumbent Council members who voted to authorize the Lackawanna Energy Center to be built by Invenergy (see Scranton Antis Get Political Revenge for Gas-Fired Power Plant). A new majority of anti-power plant radicals took office last week and wasted no time in attempting to slow (or stop) the project (see New Town Board Tries to Stop Nearly-Done Gas-Fired Plant in Jessup). Yesterday, Jessup Council members voted unanimously to hire the same attorney used by Big Green group Delaware Riverkeeper, Jordan Yeager, to “investigate” a request by Invenergy to flush 56,000 gallons of heated water (used to cool the plant) per day down the municipal sewer system. Council voted, unanimously, to pay Yeager and another attorney from the same Big Green law firm $225 per hour for their “expertise” in reviewing Invenergy’s request. No doubt the new council members are hoping Yeager can figure out a way to deny Invenergy’s request and perhaps kill the plant–or at the very least delay the project as long as possible. That seems to be the strategy here. Why else would Jessup Council hire a Big Green lawyer like Yeager? This is NOT a good faith effort to work with Invenergy, as some Council members pretend. It is a bad faith effort to screw Invenergy and stop the plant…
    Read More “Jessup Town Board Continues Effort to Stop Gas-Fired Elec Plant”

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    Hand Wringing in PA Following FERC Rejection of Coal/Nuke Subsidies

    Pennsylvania legislators (Democrats and RINOs) who were banking on the federal government to “fix” the problem of the free market are panicking after the Federal Energy Regulatory Commission rejected DOE Sec. Rick Perry’s so-called Grid Resiliency Pricing Rule that would tip the scales in favor coal and nuclear energy, keeping unprofitable electric generators in business longer (see FERC Rejects Trump DOE Plan to Favor Coal & Nukes re Electric Grid). The PA legislators are panicking because nuke and coal plants in the state may now shut down much sooner than expected. To be fair, those plants employ a number of good people–and we hate to see anyone lose a job. But the fact is new gas-fired plants are taking their place, and those new gas plants generate good jobs too. The legislators were hoping the feds would do something, and since the feds aren’t doing anything, that means the problem now bounces back to the individual states, including PA. There’s a lot of hand wringing around Harrisburg. To which we say, relax! Marcellus Shale gas has got your back. Most of the noise about this issue comes from those who own the dinosaur/dying facilities. They don’t really give a flip about “grid reliability.” They only care about their own businesses and seek crony capitalism to prop up the bottom line. FERC made the right decision. PA legislators need to get a grip. This is not the end of the world…
    Read More “Hand Wringing in PA Following FERC Rejection of Coal/Nuke Subsidies”

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    During Drilling “Downturn” PA Local Govts Still Reap Econ Benefits

    One of the loudest, most persistent arguments by Democrats (and RINOs) in Pennsylvania in favor of a severance tax is that the existing impact fee (actually, better called an impact “tax”) have decreased over time because of a decrease in the number of new wells drilled due to the downturn in the market. There are two gigantic problems with their argument: (1) the impact tax has turned around, and is rising again (see IFO Predicts PA Impact Fees for 2017 Will Soar, Near Record High); and (2) a new study by environmental think tank Resources for the Future finds that even during the “downturn years,” the most heavily drilled shale states (including PA) saw an increase in revenue to local governments. Although impact tax revenue may fluctuate up and down, on average townships in PA now have more revenue because of shale than they did prior to the Marcellus revolution. Although the oil and gas industry has always been a “boom and bust” industry, and will remain so, it now appears the highs will not be as high and the lows not as low as they once were. Below is a full copy of “Local Fiscal Effects of a Drilling Downturn: Local Government Impacts of Decreased Oil and Gas Activity in Five US Shale Regions”…
    Read More “During Drilling “Downturn” PA Local Govts Still Reap Econ Benefits”

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    New Study Says Mariner East 1 & 2 will Deliver $9B to PA Economy

    In February 2015, Philadelphia-based economic consulting firm Econsult Solutions released a study looking the potential economic impact of the Mariner East 1 & 2 projects, concluding the two project together would result in $4.2 billion coming to Pennsylvania (see New Study: Mariner East 1 & 2 Pipelines Mean $4.2B Windfall in PA). However, projects like Mariner East change over time. Econsult revisited and revamped their original study to reflect those changes. Know what they found? ME1 & ME2 together will result in over $9 billion of economic impact in PA! How could it be that much? Just consider, the two projects together will have created 57,000 direct, indirect and induced jobs between 2014 and 2019 (9,500 jobs annually) with earnings of $2.7 billion impacting multiple industries. And that’s just the jobs piece of the puzzle! Although total economic impact will exceed $9 billion, the pipeline will continue to generate revenue for PA state coffers for years into the future, via taxes and by feeding the petrochemical industry in the Philadelphia area. It’s not $9B total–it’s $9B initially. Sadly, the PA Dept. of Environmental Protection last week halted all work on Mariner East 2, delaying the economic benefits of the project in PA (see PA DEP Caves to Big Green Pressure, Stops All Work on ME2 Pipeline). Let’s hope ME2 resumes work quickly. In the meantime, we have a copy of Econsult’s new report below, along with comments by antis who ignore the hard science in front of their faces that the Mariner pipelines are a bonanza for PA…
    Read More “New Study Says Mariner East 1 & 2 will Deliver $9B to PA Economy”

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    Minuteman Seeks Justice Against Kathleen Kane & PA AG’s Office

    One of the companies in the Marcellus industry targeted for extinction by Pennsylvania’s former Attorney General, Kathleen Kane, was Minuteman Environmental Services (see PA’s Anti-Drilling AG Charges Minuteman with Enviro Crimes). Minuteman was a Pennsylvania company serving the shale industry with several different businesses. In 2014, Kane orchestrated what can only be called a terror attack on Minuteman and its owner Brian Bolus and his family (see Minuteman Enviro Says PA AG Office “Terrorized” Family Members, Filing Lawsuit). Kane’s vendetta against Minuteman was one of the most egregious examples of her abuse of power while she was AG. Kane’s attack on this small business literally drove it out of existence–they finally went bankrupt. One of the charges Kane used against the owner of the business, Brian Bolus, is that he illegally added his mom and dad to the health insurance plan for the company, even though they were not employees. Fantastically, Kane went after mom and dad, charging them with health care fraud! That charge, along with other charges, were dropped in 2016 (see Former PA AG Kathleen Kane’s Vendetta Against Marcellus Co Over). In fact, out of the original 83 charges (56 charges being felonies), 81 of the charges have been dropped. The final two charges–misdemeanors (barely above a traffic ticket in the pecking order), go to trial this month and will (hopefully) also be dropped. It has taken four, long, years for Bolus and Minuteman to be exonerated legally. During that time, Kane herself was tried and convicted for committing perjury–a felony–and removed from office (unrelated to the Marcellus industry). Kane and the AG’s office caused extreme harm to Brian Bolus and his family–reputationally, and economically. Nothing can ever make up for the years and loss of reputation and forcing a company to go bankrupt, throwing hundreds of people out of jobs. However, there is *something* can be done. Bolus has filed a lawsuit (copy below) against Kane and the AG’s office and some of the people in the AG’s office that maliciously targeted him and his company. He’s demanding a jury trial–to help right the extreme wrong that’s been done…
    Read More “Minuteman Seeks Justice Against Kathleen Kane & PA AG’s Office”

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    PA DEP Adopting New Rules for Gas Wells Located Near Coal Mines

    In December, the Pennsylvania Dept. of Environmental Protection (DEP) released “interim final technical guidance” (i.e., new regulations) for drilling Marcellus Shale natural gas wells in areas where there is longwall coal mining. Sometimes drillers want to lease and drill under coal mines. Since coal mines sink large holes in the ground, there are existing guidelines in place for how closely an oil/gas well can be drilled on or under a coal mine–guidelines put in place in 1957. As a result of legislation passed in 2011 called Act 2, a review was conducted to see if the standards for oil/gas drilling near coal mines might be modified, allowing such drilling to happen in conditions not currently allowed. A study was performed and in January 2017 the DEP rejected that study–preferring to keep a default ban on any drilling under coal mines for the time being (see PA DEP Rejects Revisions to Regs re Drilling Near Coal Mines). Since that time the DEP has continued to work on the issue and has now produced guidelines it thinks can safely allow shale drilling under coal mines, at least in certain circumstances. The DEP issued their interim final guidelines back in December and will accept public comment until Jan. 31 of this year. After that, the DEP will make final tweaks and slap a “done” sticker on it. We have a copy of the interim guidelines below, which may affect some of our shale drilling subscribers…
    Read More “PA DEP Adopting New Rules for Gas Wells Located Near Coal Mines”

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    Attorney for Anti Group CELDF Fined $52K for “Bad Faith”

    Tom Linzey, the attorney who founded and runs the Community Environmental Legal Defense Fund (CELDF), has just been sanctioned by Federal Judge Susan Paradise Baxter and ordered to pay $52,000 to Pennsylvania General Energy (PGE) for his “bad faith” in continuing to press legal arguments on behalf of Grant Township (Indiana County, PA)–legal arguments that say the people of Grant have rights they actually don’t have. Linzey has continued to claim rights for the citizens of Grant that have no legal basis and have been discredited in court. Not only that, but Judge Baxter also referred the matter to the Disciplinary Board of the Pennsylvania Supreme Court with a request that they review Linzey’s actions with an eye to imposing more punishments against him. We’ve previously reported on the story of two Pennsylvania towns that were either hoodwinked, or perhaps willing led astray, by the radical CELDF into passing (now overturned) bans on fracking and injection wells in their towns–Highland Twp (Elk County) and Grant Twp (Indiana County). The two townships thought they would do an end-run around the state’s authority to issue permits for two injection wells–one in each township, by re-incorporating under so-called home rule charters. The towns essentially declared themselves independent of the state for a variety of matters, including oil and gas permits, which PA state law clearly says is a function of ONLY the state Dept. of Environmental Protection. In March, the DEP issued final permits for the injection wells AND sued each town to get those portions of their home rule charters, dealing with oil and gas, overturned (see PA DEP Issues 2 Wastewater Injection Well Permits, Sues 2 Towns). Both towns eventually backed down (see 2 PA Townships Won’t Enforce “Home Rule” Against Injection Wells). However, in May, Grant’s attorneys (i.e. Linzey) filed a counter-claim against PA asking Commonwealth Court to recognize a sort-of extra-judicial set of rights the town can exercise over top of, or in addition to, state laws–instead of their previous position of trying to replace state laws (see CELDF Continues to Agitate Against Indiana, PA Injection Well). The company building the injection wells, PGE, has been economically harmed by the actions of the towns and attorney Linzey, and sued to recoup costs. This decision in part satisfies that lawsuit. The judge, in very strong language, is punishing Linzey for his continued, intentional abuse of the legal system. We note she is not punishing the towns but rather Linzey…
    Read More “Attorney for Anti Group CELDF Fined $52K for “Bad Faith””

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    Shale Wastewater Treatment Plant Planned for Potter County, PA

    A new shale wastewater treatment facility that works in tandem with a local sewage treatment plant may be on the way in Coudersport (Potter County), PA. Epiphany Water Solutions, via a subsidiary company called Epiphany Allegheny, filed for a permit to build a centralized water treatment facility in Coudersport in July 2017. The initial application with the Dept. of Environmental Protection (DEP) was deemed “incomplete”–so Epiphany filed again and this time the application was complete. The DEP will hold a Jan. 16 public hearing in Coudersport to gain local resident’s input on the facility. This is not the first we’ve heard of Epiphany. They were one of four winners of the Ben Franklin Institute’s Fifth Annual Shale Gas Innovation Contest in 2016 (see 4 Winners Bag $80K at 5th Annual Shale Gas Innovation Contest). Epiphany started life as a company with a mission to pioneer the use of solar technology to desalinate water so people in poor countries have safe drinking water. Laudable goal. However, Epiphany found they actually need to turn a profit and pay bills first–and their technology works equally well for the oil and gas industry. CONSOL Energy (now CNX Resources) was an early backer and user of their technology. JKLM Energy, owned by Buffalo “Marcellus” Bill’s owner Terry Pegula and with active drilling in Potter County, needs a better way to dispose of frack wastewater. So Pegula turned to Epiphany and Epiphany is working with the Coudersport Area Municipal Authority (CAMA) to make it happen…
    Read More “Shale Wastewater Treatment Plant Planned for Potter County, PA”

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    Bill Introduced to Fix PA DEP’s Extreme Delays Issuing Permits

    Last year the pressure was intense to pass a severance tax in Pennsylvania to help fill a budget gap. The severance tax issue in PA is a political football–a promise made by current Gov. Tom Wolf to pay off teacher’s unions in Philadelphia for voting him into office. During the budget machinations, traitorous Republicans in the PA Senate caved to pressure and in July passed a budget bill that hikes taxes on lots of things, including a severance tax (see Traitorous PA Senate Republicans Pass Severance Tax Bill). As part of the Senate’s misguided and mangled budget bill, Republicans slipped in fixes to the state Dept. of Environmental Protection’s chronic delays in issuing permits related to shale drilling (see PA Senate’s “Olive Branch” of “Relaxed Regulations” for Drillers). As we said at the time, the writing was already on the wall–Democrats would lobby to remove the DEP fix and leave the severance tax. The DEP fix (surprisingly) continued in further revisions to the budget plan–until October, when the DEP fixes came out (see Latest PA Budget Bill Drops Fix for Slow DEP Permit Reviews). Although the fix came out, the severance tax came out too and was never passed (thank God for small miracles). But problems remain for Marcellus drillers. Delays are long in the Keystone State when it comes to permits for shale wells. The problems need to get fixed. So PA House Rep. Greg Rothman (Republican from Cumberland County) has just introduced a standalone bill to fix the problem. Predictably, enviro nuts and Democrats are lining up to oppose the fix…
    Read More “Bill Introduced to Fix PA DEP’s Extreme Delays Issuing Permits”

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    Finalists Announced for 2018 Northeast & 2018 Texas Oil & Gas Awards

    Once again Marcellus Drilling News is happy to partner with and support the Oil & Gas Awards, for 2018. The Awards boys have just released two lists of finalists–one for the Northeast Awards, being held March 1 in Pittsburgh; and one for the Texas Awards, being held March 7 in Houston. This year six of the entrants for the awards contracted with MDN editor Jim Willis to help them prepare their entries (both Northeast and Texas). It was a blast for Jim to dig in and understand more about the companies submitting an application for the awards–and to help them craft what we hope are winning entries! Jim worked with some true professionals from the companies entering the awards–it was a pleasure. Below is a list of the finalists in each region. Good luck!…
    Read More “Finalists Announced for 2018 Northeast & 2018 Texas Oil & Gas Awards”

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    Was PA DEP Justified in Shutting Down All ME2 Pipe Construction?

    The news that the Pennsylvania Dept. of Environmental Protection (DEP) has suspended all construction work on the Mariner East 2 Pipeline project until further notice continues to reverberate (see PA DEP Caves to Big Green Pressure, Stops All Work on ME2 Pipeline). MDN has taken some heat for our implication that the main reason for the shutdown is pressure from radical Big Green groups. While we maintain our view is not incorrect, we also don’t want to leave the impression that there aren’t problems that need to be addressed with ME2 construction. There are. And the DEP is right to address them. What we DO take issue with is a complete shutdown of ALL construction. If the underground horizontal directional drilling (HDD) work is the primary issue, shut that down–but not all construction, including trench work. At any rate, we spotted a story about a landowner in Cumberland County who says his private water well was fouled when ME2 construction began–and it’s still not right. Below is his story as an example of what the DEP *should* be paying attention to…
    Read More “Was PA DEP Justified in Shutting Down All ME2 Pipe Construction?”

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    Propane Prices in the Northeast & ME2 Pipeline

    A lot of the talk and chatter this week has been about the spike in the price of natural gas (see today’s lead story, NatGas Trading in NYC Hits $175/Mcf – Highest Ever Recorded!). The other hot topic of the week is the decision by the Pennsylvania Dept. of Environmental Protection (DEP) to temporarily suspend all construction work on the Mariner East 2 (ME2) Pipeline. What antis in the Philadelphia area don’t realize is that ME2 is vital to their own region and their own pocketbooks. Yesterday we brought you one take on why Philly residents are missing the boat in opposing ME2 (see It’s Time We Stop Missing the Point About the Mariner East Pipes). In that guest post, MDN friend Garland Thompson makes the salient point that jobs and the Philly economy are tied to petrochemicals and the NGLs that will flow through the Mariner East pipelines. Today we bring you another article about why ME2 is so vital to the Philly area: the cost of propane. One of the primary NGLs that will flow through ME2 is propane, used in a variety of applications, but particularly used in places where there are not natural gas pipelines to deliver gas to homes (like the various suburbs around Philly, the ones opposing ME2). Propane prices are going up because (a) much of the propane produced by Marcellus/Utica drillers goes by railcars to Kansas, where it catches a ride on a pipeline to the Gulf Coast, and (b) the propane that does come to the Philly area also comes via rail cars, at a much higher price than if it were shipped via pipeline. Add to that other countries want our propane and are bidding the price up–and you have a prescription for spiking propane prices around Philly. The article below delves into the business of propane, explaining terms you may have heard but don’t know what they mean–like “contango” and “backwardation.” Buckle up–here’s a deep dive into the economics of propane, and why Philadelphia desperately needs the ME2 pipeline–without delay…
    Read More “Propane Prices in the Northeast & ME2 Pipeline”