Pennsylvania

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    PA Big Green Groups Attack DEP (Again) re Mariner East 2 Pipeline

    In August Energy Transfer’s Sunoco Logisitics unit struck a deal with the devil–the devil being the Philadelphia-based Clean Air Council, THE Delaware Riverkeeper and Mountain Watershed Association–in a move to lift a ban on underground horizontal directional drilling (HDD) for the Mariner East 2 NGL pipeline project (see Sunoco Strikes Deal with Devil, “Settles” with Anti Groups re ME2). The three Big Green groups, which are well funded by colluding leftist organizations, filed an appeal with the Pennsylvania Environmental Hearing Board to block all ME2 HDD work following several drilling mud leaks, one of them fouling a water aquifer in Chester County (see Sunoco LP’s Generous Deal to Chester Co. Residents with Water Issues). The Hearing Board judge agreed and stopped all HDD work, temporarily (see PA Enviro Judge Puts 2-Week Pause on ME2 Pipeline Drilling). Following the devil deal, HDD work resumed on ME2. But since that time a few more minor leaks have happened, including a 50-gallon spill the Big Green groups used as a publicity stunt, pressuring the Dept. of Environmental Protection to take action (see PA DEP Says 3 ME2 Spills Violate Agreement with Big Green). These nefarious groups are at it again. This week they went back to the PA Environmental Hearing Board (a special court set up to hear appeals of DEP decisions) asking the Hearing Board to “make” the DEP rough up Sunoco for supposedly violating the terms of the devil agreement. It’s nothing more than ongoing agitation and bullying by Big Green…
    Read More “PA Big Green Groups Attack DEP (Again) re Mariner East 2 Pipeline”

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    List of 26 Shale Gas-Fired Electric Plant Projects in OH-PA-WV

    Last week the The Independent Power Producers (IPPs) of Ohio, Pennsylvania, and West Virginia wrote an official letter to the Federal Energy Regulatory Commission (FERC) detailing their objection to a proposed plan by the Dept. of Energy (DOE) to give special treatment to electric power generating facilities powered by coal and nuclear plants. The DOE recently ordered FERC to devise new market rules favoring coal and nukes on the premise they contribute to “grid resiliency.” The IPPs writing the letter in opposition represent at least 26 shale gas-fired electric plant projects across the three states, which will contribute $21 billion to those state economies and generate 20,000+ jobs. Below we have the letter sent to FERC by the IPPs. That letter prompted our friends at Energy in Depth to produce a list of the projects the IPPs are building (or have built) in the tri-state area. It is an impressive list. We liked it and grabbed it to share with the MDN audience…
    Read More “List of 26 Shale Gas-Fired Electric Plant Projects in OH-PA-WV”

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    Shale + Large Conventional Gathering Pipes Added to PA One Call

    In just about every state in the country, before you start digging a hole in the ground for some reason (water well, septic system, laying an underground electric line, etc.)–the first thing you do is call 811 or some similar phone number. The “one call” or “first call” reaches a state-authorized (not necessarily state-run) office where they have, on file, maps detailing any kind of underground cables, pipelines and other infrastructure. If such underground structures exist, a representative of the owner for the underground line will, if necessary, stop by and mark the areas so when you do begin digging, you don’t hit it. Makes sense. A bill introduced last year in the Pennsylvania legislature would “enhance” the existing 811 law in PA. One of the “enhancements” is that it removes an exclusion for low-pressure natural gas gathering pipelines from being required to be part of the 811 system, mainly lines run to low-producing conventional gas wells. The bill was opposed by the Pennsylvania Independent Oil & Gas Association (see PIOGA Opposes Bill to Regulate Unregulated PA Gathering Pipelines). The bill was reintroduced in March of this year (see PA State Senator Introduces Bill to Regulate Gathering Pipelines). Once again PIOGA pushed back, and in June a compromise was reached to exclude pipelines running to “stripper wells”–i.e. low-producing conventional wells. With that compromise in place, both the PA Senate and House have voted to adopt the plan and it is now on its way to Gov. Tom Wolf’s desk for a signature, which is expected to happen…
    Read More “Shale + Large Conventional Gathering Pipes Added to PA One Call”

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    PA Republican Senate Changes Lease Terms for Landowners

    The Pennsylvania State budget is a complicated pile of…bills. At it’s core are three basic budget-related bills that implement the $31.9 billion state budget (unwisely) passed in June. It was unwisely passed because Republican lawmakers voted for a plan to spend money without having a way to pay for it. Stupid. PA Gov. Tom Wolf (liberal Democrat) demanded part of the new revenue required to pay for all that wild spending is to tax the Marcellus industry with a severance tax–on top of the existing impact tax (already the equivalent of a severance tax in other states). One of the three main bills to pay for the budget is the Fiscal Code bill–House Bill 674. HB 674 was adopted by the PA Senate on Monday (vote of 41-9). In the Senate version, which now goes to the House for final adoption, there are a number of “environmental riders”–or bits of legislation that have nothing to do with the budget or spending, but tacked on as a way of getting them passed without the mess of voting on them individually. Swamp politics. One of those provisions is “SECTION 1610-E” which gives drillers the right to reactivate old, non-producing wells after they have not been producing (and the lease considered terminated) under certain conditions…
    Read More “PA Republican Senate Changes Lease Terms for Landowners”

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    PA Republican Senate Extends SE PA Drilling Ban in Newark Basin

    As MDN has explained in a companion story appearing today (see PA Republican Senate Changes Lease Terms for Landowners), the PA legislature has slipped a number of “environmental riders” into one of the final budget bills. The riders are bits of legislation that have nothing to do with the budget or spending, but tacked on as a way of getting them passed without the mess of voting on them individually. One of those riders affects the potential to drill for oil and gas in southeast PA. Back in 2012, an eleventh hour deal was snuck into the Pennsylvania budget signed into law by then-Gov. Tom Corbett (see Republicans Sneak SE PA Drilling Ban into Budget Deal). An amendment was introduced to the budget that established a moratorium on drilling in southeastern PA in the South Newark Basin, a small area which stretches from New Jersey through Bucks, Montgomery and Berks counties in PA. Caving to pressure from the libs that elect them, RINOs (Republicans in Name Only) placed an ongoing moratorium on any kind of drilling–test wells or otherwise–in their region. Disgusting. However, Section 1607, as it is called, had this provision: “This section shall expire January 1, 2018.” Senate Republicans have once again screwed the drilling industry by removing the expiration date, but leaving the moratorium in place. There are certain conditions that must be met according to 1607 (see them below), but practically speaking, we doubt those provisions will ever happen, meaning there will never be drilling in southeast PA…
    Read More “PA Republican Senate Extends SE PA Drilling Ban in Newark Basin”

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    Judge to Rule on Apex Energy Well Drilling in Westmoreland County

    As we have said for years, ever since the Pennsylvania legislature modernized and updated drilling regulations to account for shale drilling in 2012, known as Act 13, anti-fossil fuel nutters have attempted first to destroy Act 13, and later subvert it. Act 13 originally provided for uniform zoning across the state with respect to siting wells. But seven selfish townships sued and eventually won (at the PA Supreme Court) the right to retain their own zoning regulations with respect to oil and gas wells (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). Each town must have at least one zone where oil/gas wells are allowed. However, towns also have the right, via special exemptions, to allow wells in zones that don’t specifically allow wells, or where wells are otherwise prohibited. Exemptions happen on a case-by-case basis, and the town zoning or planning board must approve them. Antis object. They like it when drillers are banned from a zone, pointing to Act 13, saying the town has that right. But when the town then exercises their right to allow a well, also in Act 13, antis object and sue to prevent it. The door only swings one way for antis–to block shale wells. Such is it in Westmoreland County, in Penn Township, where the Penn Township Zoning Hearing Board approved a special exemption for Apex Energy to drill shale wells permitted by the PA Dept. of Environmental Protection. Antis sued saying the Board erred in their decision, and now a judge will decide the fate of the legally-permitted wells…
    Read More “Judge to Rule on Apex Energy Well Drilling in Westmoreland County”

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    EQT’s Equitrans Expansion Project Gets PA DEP Water Permit

    EQT’s Equitrans (pipeline) Expansion Project is on track to begin construction by the end of this year–likely sometime in November. We first covered this project in 2015 (see Time to Support EQT Mountain Valley & Equitrans Pipelines @ FERC). The Equitrans Expansion Project will upgrade compressor stations, add approximately eight miles of pipeline connectors to upgrade capacity on the Equitrans Pipeline from southwestern Pennsylvania into West Virginia. The $100 million project, when completed, will expand capacity on the Equitrans pipeline by 600 million cubic feet per day (Mmcf/d). The project when introduced was slated to be done by the end of 2018. Looks like they will keep that schedule. On Friday, October 13, 2017, the Federal Energy Regulatory Commission (FERC) issued a Certificate of Public Convenience and Necessity for both the $100 million Equitrans Expansion Project and $3.5 billion Mountain Valley Pipeline. The two projects are connected. On Saturday, the PA Dept. of Environmental Protection issued, via publication in the Pennsylvania Register, federal water crossing permits for the Equitrans Expansion Project. The bulldozers can’t be far behind…
    Read More “EQT’s Equitrans Expansion Project Gets PA DEP Water Permit”

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    New 60-Mile Pipeline Proposed from NW Pa. to NE Ohio

    Correction: Please note the correction below. Opatho Gas Trans LLC is not owned by EmKey Energy, et al. Our understanding was in error. RH energytrans contacted MDN to correct the record. We appreciate it!

    A new 60-mile pipeline is being proposed by a new pipeline company, to connect shale production in northwest Pennsylvania to markets in northeast Ohio. Last week RH energytrans filed an application with the Federal Energy Regulatory Commission to build the Risberg Line Project. The route will begin in the Meadville, PA area (Crawford County) and extend in a northwest direction to Ashtabula County, OH. The project will use approximately 32 miles of existing pipeline in an established Right of Way originating in the Meadville, PA area. Approximately 16 miles of new pipeline will be installed in Pennsylvania and approximately 12 miles of new pipeline will be installed in Ohio. According to RH energytrans, there is a need for additional natural gas supplies in the Ashtabula area to enhance future commercial business development and as a backup for residential customers. The pipeline will provide 55 million cubic feet per day (MMcf/d) of natural gas to Ashtabula. RH energytrans, with offices in Erie, PA, is owned by Opatho Gas Trans LLC. In a case of Russian matryoshka (nesting) dolls, Opatho is owned by EmKey Energy, Viking Energy Broker and Nucomer Energy. EmKey has pipeline operations in both PA and NY, so you might say (with some justification) that this is a project of EmKey. Corrected: Opatho is owned by three Norwegian companies: Solodden AS, Vicsund AS, and Hellberg Eiendom AS. Opatho has some owners in common with EmKey, Viking Energy Broker and Nucomer Energy. However, it would be incorrect to say that Opatho is owned by EmKey or that the Risberg Line Project is an EmKey project. Below is the official 449-page FERC filing with all the details, along with a summary of the project. We have a handy timeline, and a map of the pipeline route…
    Read More “New 60-Mile Pipeline Proposed from NW Pa. to NE Ohio”

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    6 More Arrested for Blocking Pipe Work at Lancaster Nun Property

    Last Monday 23 radicalized protesters tried to block access to equipment being used to construct the Atlantic Sunrise Pipeline in Lancaster County, PA–on property owned by a sect of Catholic nuns whom we call Sisters of the Corn (see Lancaster Pipeline Protesters ‘Do the Hokey Pokey’ & Get Arrested). The protesters began singing the Hokey Pokey as they waited their turn for the handcuffs–including the arrest of a child. Such is the psychological abuse these people perpetrate on children. Over the weekend, on Saturday, another six protesters at the same location were arrested and carted away. One of them was a priest from New York, showing solidarity with the radical Sisters of the Corn. We have the names of the six arrested on Saturday, and a report of their arrest. What remains interesting to MDN is the low, low numbers of protesters who have been arrested. The people in charge of the protest movement, Mark and Malinda Clatterbuck (from Lancaster County) claim to have more than 1,000 people signed up to protest against the pipeline–to engage in illegal actions to block it. Yet so far 29 have been arrested. So much for the big boasts of the Clatterbucks…
    Read More “6 More Arrested for Blocking Pipe Work at Lancaster Nun Property”

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    PA Strippers Back in News, Supremes to Hear Synder Bros Case

    The Pennsylvania Supreme Court said last week it will accept a case about strippers–stripper wells, that is. In brief, in 2012 Pennsylvania passed the Act 13 drilling law that includes a fee on wells targeting shale layers, including the Marcellus. Snyder Brothers, headquartered in Kittanning, PA, drills mostly conventional (vertical only) wells in southwestern PA. In 2011-2012 they drilled 45 vertical-only wells, but targeting the Marcellus, all of the wells fracked. Initially those wells produced more than 90 Mcf/day, but by December of the year they were drilled, they produced less than 90 Mcf/day. The way the 2012 Act 13 law is written, if a well produces less than 90 Mcf/day during “any” month it is considered a stripper well and exempt from paying the impact fee. The state’s Public Utility Commission (PUC) assessed the fee anyway because for 11 months the wells produced more than 90 Mcf/day. Snyder Bros. sued and after an appeal of the case, Snyder Bros. won their case in March, exempting those wells from paying impact fees (see PA Court Says Snyder Bros Wells are Strippers, No Impact Fees Due). That sent the state Public Utility Commission (PUC) into a tizzy with claims the Act 13 impact fees are now in jeopardy. The PUC is not letting it alone. They conscripted a sympathetic ally in the PA legislature to introduce a bill to “fix” the “loophole” (see PA Lib Dem Introducing Bill to “Fix” Strippers Once and for All). At the same time the PUC kept pushing on the legal front, and last week the PA Supremes agreed to hear an appeal of the case. Looks like those strippers just won’t go away…
    Read More “PA Strippers Back in News, Supremes to Hear Synder Bros Case”

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    Court Considers if PA Towns Can Regulate ME2 Pipeline Location

    In May six anti-pipeline residents living near where the Mariner East 2 pipeline will pass asked the Middletown (Delaware County, PA) town council to reject the path of the pipeline near their property because it would, supposedly, pass closer than town code allows. The town council told the residents they’re out of luck–the town will not pursue any action to block Mariner East 2. Period. The residents, amped-up, agitated and funded by Big Green groups filed a lawsuit against the pipeline, to force it to conform with Middletown’s ordinance (see 6 Middletown Antis Sue Sunoco LP to Stop Mariner East 2 Pipe). The lawsuit was filed in the the Delaware County Court of Common Pleas. The judge dismissed the case in June, so the antis, again funded by Big Green groups, appealed the case to the next higher court, Commonwealth Court. On Wednesday, an “en banc” panel of Commonwealth Court heard arguments in the case (“en banc” meaning all of the judges heard the case, indicating its high importance). One report of the session indicates the judges expressed skepticism that Sunoco Logstics Partners, the builder, does not have to follow local town ordinances because the pipeline is overseen by the the state and state regulations preempt local ordinances. Needless to say if the case goes against ME2/Sunoco, it will make it harder (but not impossible) to finish work on time…
    Read More “Court Considers if PA Towns Can Regulate ME2 Pipeline Location”

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    PA Frankenstein House Bill Merges Severance Tax & Minimum Royalty

    As predicted earlier this week, yesterday the Pennsylvania House Finance Committee voted to approve a 3.2% severance tax on top of the existing 5%+ impact tax (see RINOsaur DiGirolamo Says Vote on PA Severance Tax Coming Soon). Democrats and mainstream media are nearly orgasmic–this is as far as any severance tax bill has ever gotten in PA. The bill, House Bill (HB) 1401, now goes to the full House for a vote–maybe. It remains to be seen whether or not House Speaker Mike Turzai will allow a vote in the full House. There are procedural ways to tie up the bill. While it’s a crap shoot as to whether or not the full House would pass a Marcellus-killing severance tax, there is a section in HB 1401 that is sure to kill the bill–a guaranteed minimum royalty for landowners of 12.5%. Don’t get us wrong–we think the minimum royalty issue is very important and deserves a vote. PA Rep. Garth Everett has championed the issue, introducing a bill to accomplish that objective three times in the last six years (see PA Rep. Garth Everett Reintroduces Minimum Royalty Bill, 3rd Time). No doubt HB 1401’s chief sponsor Gene DiGirolamo (RINOsaur from the Philadelphia area) is hoping to gain support from landowners for the severance tax by grafting on the minimum royalty provision–in the style of Dr. Frankenstein’s monster. Take a body part here (severance tax) and a body part there (guaranteed minimum royalty), sew it together (HB 1401) and shock it into life with a vote. Landowners should beware of this ruse. The minimum royalty issue needs to be addressed separately, on it’s own, and not part of a severance tax bill…
    Read More “PA Frankenstein House Bill Merges Severance Tax & Minimum Royalty”

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    PA Supreme Court Hears Arguments on DEP Request to Unblock Regs

    PA Supreme Court Justices

    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, 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). Yesterday the Supremes heard oral arguments in the case. Although one activist justice (Sallie Updyke Mundy) seems to want to grant the DEP’s request to allow the stopped rules from going into effect, several other justices appear to want to let the issue play out in the lower Commonwealth Court, preferring to goose the lower court into speedier action…
    Read More “PA Supreme Court Hears Arguments on DEP Request to Unblock Regs”

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    PA DEP Public Hearing on Japanese Gas-Fired Elec Plant in SEPA

    EmberClear Corp. (and its parent Ember Partners) is a Canadian-based company that builds and operates natural gas-fired electric generation plants in North America. In 2015, EmberClear filed an application to build a new 488-megawatt natural gas-fired electric plant in Birdsboro, in Berks County, near Philadelphia (see New NatGas-Fired Electric Plant Coming Near Philadelphia). In April of this year, two different Japanese companies, Sojitz Corporation and Tokyo Gas, each purchased a one-third share ownership of the project (see Japanese Now Own 2/3 of Marcellus-Powered Electric Plant in SEPA). We call the Birdsboro project a “Japanese-owned” project, which it is, but in reality EmberClear is still the company building and operating it. The PA Dept. of Environmental Protection (DEP) has just announced they will hold a public hearing on the project, to consider issuing both a water permit and an erosion/sediment control permit for the project. The hearing will be on Nov. 2 in Birdsboro…
    Read More “PA DEP Public Hearing on Japanese Gas-Fired Elec Plant in SEPA”

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    American Energy Closes on “Tier I” Assets – Exclusive Details

    Last week MDN brought you news about a relatively new company called American Energy Partners, Inc., based in Allentown, PA, and their subsidiary company Gilbert Oil & Gas (see American Energy Partners Invests in “Tier I” Marcellus Assets). AEP and subsidiary Gilbert said last week they had cut a deal to buy some “Tier I” assets in the Marcellus. However, there were no specifics. Yesterday AEP and Gilbert issued a new press release (below) to say the deal is now completed and they now own those Tier I assets. Again, no specifics. So MDN reached out to AEP to ask for further details. We got a response–which still does not name the seller, but does tell us how many Marcellus wells they bought, how much acreage is part of the deal, and in which Marcellus Shale county the assets are located. As far as we know, this is exclusive–nobody else has this information. We also have a thought on who the seller may be…
    Read More “American Energy Closes on “Tier I” Assets – Exclusive Details”

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    PA House Passes New Budget Bill w/No Sev. Tax, Wolf Demands Tax

    Yesterday the Pennsylvania House of Representatives passed House Bill (HB) 542 to try and finalize the three month plus late PA budget. This latest bill (see the summary below) uses mostly borrowing, against tobacco settlement money and small tax increases on online businesses and fireworks distributors to balance this year’s budget. The bill does NOT include a severance tax. Sounding like Johnny One-Note, PA Gov. Wolf immediately said any final deal must include a Marcellus-killing severance tax, or he won’t sign it. Some of the traitorous Republicans in the Senate still want to see a severance tax too (see Traitorous PA Senate Republicans Pass Severance Tax Bill). As we reported yesterday, RINOsaur Sen. Gene DiGirolamo believes a Senate committee will today report out his horrible 3.2% severance tax bill (see RINOsaur DiGirolamo Says Vote on PA Severance Tax Coming Soon). Talk of a 3.2% severance tax is false, because it would be added on top of the existing impact fee (i.e. tax) which is already the equivalent of a 5%+ severance tax. DiGirolamo’s bill, if passed, would vault PA into the position of having the highest effective tax on oil and gas in the country–killing any new Marcellus drilling in the state. Existing wells deplete over time, so in essence it would be a moderately slow death to the industry (and tax revenues from it)–dissipating to nothing in 5-10 years. Which is just fine for “Republicans” like DiGirolamo. At any rate, here’s the details on the House plan passed last night, with NO severance tax, and Johnny One-Note’s insistence on a tax…
    Read More “PA House Passes New Budget Bill w/No Sev. Tax, Wolf Demands Tax”