Pennsylvania

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    PA AG Criminal Lawsuit Against XTO Energy Dismissed After 4 Yrs

    Four years after then-Pennsylvania Attorney General Kathleen Kane decided to turn an accident into a criminal prosecution against XTO Energy, the final chapter has been written. Anti-drilling Kane attempted to criminalize the accidental spill of a small amount of recycled wastewater by XTO that happened years before she took office (see PA AG Abuses Her Authority, Files Criminal Charges Against XTO). There was an accidental spill of ~50,000 gallons of frack wastewater at an XTO drill site in 2010 in Lycoming County, PA. XTO remediated the site, digging up affected soil, and paid out a $100,000 settlement in 2013. By the time Kane took office, the matter had been over and done for over two years. But Kane wanted/needed a quick way to make a splash with her hardcore left fringe supporters (payback time for money and volunteers), so she re-opened the case and fantastically filed criminal charges saying XTO showed a pattern of brazen disregard for safety, blah blah blah. In 2013, XTO filed to dismiss the Kane lawsuit (see XTO Energy Files to Have AG Kane’s Lawsuit Dismissed). The federal EPA also got into the act and last year XTO settled a violation of the Clean Streams Law and Solid Waste Management Act. Pricetag? Another $300,000. Now that the company has paid out the nose ($400,000 total), U.S. Middle District Judge Matthew Brann yesterday approved a motion filed by the U.S. attorney’s office to end the case. Finally. After four years…
    Read More “PA AG Criminal Lawsuit Against XTO Energy Dismissed After 4 Yrs”

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    PA Gov Wolf Offered Deal in ’15 to Open Dela. River Basin Drilling

    Here’s a surprise: Big Green mouthpiece PBS StateImpact Pennsylvania is dishing some dirt on one of their own–PA Gov. Tom Wolf. We’ve been closely following the developing situation with the Delaware River Basin Commission (DRBC) finally coming out of the closet as an extended arm of radical Big Green group Delaware Riverkeeper. The DRBC will vote (today) on beginning the process to permanently ban fracking in the Delaware River Basin (DRB), which will prevent landowners in Wayne and Pike counties (PA) from accessing the bountiful shale gas under their land (see our article yesterday, DRBC Votes Tomorrow on Permanent Frack Ban Resolution). The DRBC is composed of five voting members: the governors of NY, PA, DE, NJ and the U.S. Army Corps of Engineers. A final new regulation that permanently bans fracking would need those five votes. According to an article published yesterday by StateImpact PA, in a 2015 meeting with Wayne County landowners who support fracking, Gov. Wolf offered to work on opening up the DRB for fracking–IF the landowner group in Wayne County would support his push for a severance tax in return. People at the meeting said, “it almost felt like a bribe.” Maybe because it *was* a bribe! A political bribe. Fortunately the landowners from Wayne didn’t take the bait, they did not support his loony tunes severance tax plan. So now it’s payback time, with Wolf signaling he will vote for a permanent ban on fracking…
    Read More “PA Gov Wolf Offered Deal in ’15 to Open Dela. River Basin Drilling”

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    PA Issues Final Permit for Atlantic Sunrise, Construction Sept 20

    Atlantic Sunrise Pipeline is primed and ready to begin construction after receiving its very last required permit from Pennsylvania–an Air Quality Plan Approval for air emissions related to construction activities in Lancaster County. The PA Dept. of Environmental Protection (DEP) issued the Air Quality permit last Friday. You may recall Atlantic Sunrise, 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, received water crossing permits from the DEP and U.S. Army Corps of Engineers a few weeks ago (see Atlantic Sunrise Pipe Gets Water Permits from Army Corps, PA DEP). In August the DEP held a public hearing in Lancaster to accept public comment on the air permit. A small group of anti-pipeline protesters acted like petulant 5-year olds and walked out of the hearing (see Big Green Groups Stage Walkout at PA DEP Atlantic Sunrise Hearing). No matter. Their antics didn’t affect the DEP. According to Williams, the builder of the pipeline, they now await an order from the Federal Energy Regulatory Commission (FERC) to begin construction. They expect to receive that order any day now. They hope (and expect) to begin construction next Wednesday, Sept. 20th…
    Read More “PA Issues Final Permit for Atlantic Sunrise, Construction Sept 20”

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    DRBC Votes Tomorrow on Permanent Frack Ban Resolution

    Turns out the rumors were true. The Delaware River Basin Commission has now been totally corrupted by Big Green groups and plans to vote tomorrow, Sept. 13, on a resolution that begins the process of implementing a permanent ban on fracking in the Delaware River Basin. This is not the end, but the beginning of the end, of any hope for landowners in Wayne and Pike counties in PA. Their property rights will (like those of us who live in New York) be stripped away. Except in Wayne and Pike, it will be a permanent stripping away. At least in NY we have the hope of one day ejecting Lord Cuomo from office and reversing the ongoing moratorium. However, even though this should be a total win for radicals like THE Delaware Riverkeeper (aka Maya van Rossum), the radicals are STILL not happy! Can you believe it?! Part of the proposed resolution and rulemaking to follow will consider allowing frack wastewater disposal within the DRBC’s fiefdom. That just can’t stand according to Maya and her rad pals. Here’s the DRBC announcement, news coverage of it (with quotes from radical groups), along with a copy of the proposed resolution that will be voted on tomorrow…
    Read More “DRBC Votes Tomorrow on Permanent Frack Ban Resolution”

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    Chesapeake Energy to Test Utica Shale in NE PA’s Bradford County

    Chesapeake Energy CEO Doug Lawler says the company plans to drill a test Utica Shale well in its core Marcellus acreage in Bradford County, PA sometime early next year. Which is really big news. Bradford is in the northeastern corner of the state, next door to Susquehanna County (east of Bradford). Susquehanna and Bradford have been heavily drilled by Chesapeake–at least in the Marcellus. Both counties sit in the “dry gas” (methane only) zone of the play, with no NGL or oil production, according to MDN’s forthcoming Marcellus and Utica Shale Almanac (stay tuned for more details about the Almanac). There have been very few, if any, shale wells drilled into the Utica in either Bradford or Susquehanna. However, there have been a few Utica wells drilled in Tioga County, which shares a border with and sits west of Bradford. And beyond Tioga (in the northerntier) sits Potter County, where there are more Utica wells. So Chessy wants to see if the Utica in Bradford may be productive. Lord knows the company has enough locations. According to the forthcoming Almanac, Chesapeake had 473 actively producing shale wells in Bradford in 2016. Now if we could only get Chesapeake to stop screwing landowners out of royalties…
    Read More “Chesapeake Energy to Test Utica Shale in NE PA’s Bradford County”

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    XNG Virtual Pipe Delivering 50 MMcf/d of PA NatGas to NY Pipeline

    Iroquois Gas Transmission is not waiting for the Constitution Pipeline to get built–they’ve found a way around it. At least for some of the supply they hopped to get from the Constitution. Iroquois is a 416-mile interstate natural gas pipeline extending from the U.S.-Canadian border at Waddington, NY, through New York State and western Connecticut to a terminus in Commack, NY (Long Island), and from Huntington (on Long Island) to the Bronx, NY. It is an important pipeline in the Empire State. Iroquois was in line to receive some of the 650 million cubic feet per day (MMcf/d) of natural gas the Constitution would flow from northeast PA to Schoharie County, NY, where the Constitution would connect to both the Iroquois and Tennessee Gas Pipeline. We’re not sure how much of the 650 MMcf/d Iroquois was supposed to get, but right now and for the foreseeable future, they’re getting nothing, thanks to a corrupt governor who has corrupted New York’s environmental agency which has denied the Constitution a necessary permit to build. Iroquois has found a way to replace at least some of that volume–by trucking it in. That is, a “virtual pipeline” which is now feeding the Iroquois, and in-the-ground pipeline. Usually it’s the other way around! Iroquois is getting up to 50 MMcf/d from Xpress Natural Gas (XNG), which is trucking the gas from a facility in northeastern PA (Susquehanna County). Here’s a story you’ll read first (perhaps only) on MDN–of how a virtual pipeline is now feeding an interstate pipeline in New York State with fracked gas from Pennsylvania…
    Read More “XNG Virtual Pipe Delivering 50 MMcf/d of PA NatGas to NY Pipeline”

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    Penn Hills, PA Grudgingly Votes 5-0 to Allow H&H Seismic Testing

    What a difference two months–and the very real threat of a lawsuit–can make. At the end of July Penn Hills (in Allegheny County, near Pittsburgh) voted to ban seismic testing in their community as a symbolic action “meant to send a message to companies that the municipality is against oil and gas activities on Penn Hills property.” Driller Huntley & Huntley has hired Texas-based Geokinetics to conduct seismic testing in the region and had wanted to conduct testing on 37 municipal-owned properties in Penn Hills, about 390 acres total. But Penn Hills resisted. So H&H’s attorneys at Steptoe & Johnson sent a “we’ll sue your rear-ends” letter and that got the attention of the symbolizers. Last night another vote was taken. This time it was 5 to 0 in favor of allowing seismic testing after all. The mayor (grumbling) said the municipality did it’s best to resist…
    Read More “Penn Hills, PA Grudgingly Votes 5-0 to Allow H&H Seismic Testing”

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    PA House Ctte Votes to Rename “Impact Fee” to “Severance Tax”

    The Pennsylvania House Environmental Resources and Energy Committee amended a bill yesterday that will rename PA’s impact fee to a “severance tax,” a move which really ticked off the high taxers in the legislature, and anti-drillers (most of them one and the same). The PA House came back into session yesterday and 25 House members (most of them Democrats) made a move to get a vote on a bill with a 3.5% severance tax. The Republican majority on the committee flipped things around and replaced that measure with a vote to rename the impact fee–as a way of illustrating that the industry IS ALREADY TAXED, JUST LIKE A SEVERANCE TAX, even if you don’t call it one. So, let’s just call it one! Brilliant! Of course there are differences between a severance tax and an impact fee–actually the fee is a better revenue generator than a severance tax. However, the point remains: the industry is already paying a high tax, and to slap another on top of it is suicide. Republicans on the committee got their point across…
    Read More “PA House Ctte Votes to Rename “Impact Fee” to “Severance Tax””

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    Ridgetop Capital Raises $200M to Invest in Marcellus/Utica Leases

    Ridgetop Capital Partners, founded in 2007 and headquartered in the Pittsburgh area, is a private institutional investment firm focused mainly on the oil and gas space. That is, they raise money from rich people (and businesses) and invest that money in projects which they closely watch and influence, hoping to make their money back with a generous interest rate. A LOT of private money funds oil and gas development–there is nothing new or novel about Ridgetop. However, what is new and novel is that the company has just closed on another round of fundraising–chasing $200 million through the door–which they will now use to buy natural gas mineral rights (i.e. leases) in the Marcellus/Utica. The company previously invested ~$130 million in our region’s shale, snapping up ownership in over 30,000 acres (most, perhaps all of it, in joint ventures with major M-U drillers). Where will Ridgetop likely invest to buy new acreage? They’ve given us a big clue…
    Read More “Ridgetop Capital Raises $200M to Invest in Marcellus/Utica Leases”

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    No DRBC Frack Ban…Yet; A Look at DRBC Corruption & Incompetence

    Last week the rumor mill was hot with speculation that on Friday the Delaware River Basin Commission would release a draft document outlining their proposal to ban hydraulic fracturing in the Delaware River Basin permanently (see DRBC Secretly Working on Permanent Delaware Basin Frack Ban). Fortunately, that didn’t happen. But don’t start celebrating just yet. The rumors are still swirling. Apart from a single Associated Press article (run in dozens of newspapers), there has been no other coverage of this big news. Why is that? Why is mainstream media so uncurious about a potential DRBC frack ban? The person doing the real work on this story is MDN friend Tom Shepstone. Writing on his blog site Natural Gas Now on Saturday, Tom did a masterful job of chronicling the foibles of the DRBC–and he laid out how we got to where we are now, with a potential permanent ban. In a nutshell, landowners in Wayne County, PA sued to reverse a grievous error, challenging the DRBC’s authority to regulate fracking in the basin. That lawsuit, and the very real possibility that a decision will go against the DRBC, prompted radical environmental groups like THE Delaware Riverkeeper to push for a DRBC permanent ban. The effort for a permanent ban, which (for now) would only affect Wayne and Pike counties in PA, went into overdrive a few months ago. Here’s Tom’s excellent article, which will bring you up to speed and prepare you for when the news of a permanent ban eventually does break–possibly this week at the DRBC regularly scheduled meeting…
    Read More “No DRBC Frack Ban…Yet; A Look at DRBC Corruption & Incompetence”

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    DRBC Secretly Working on Permanent Delaware Basin Frack Ban

    It was just yesterday that MDN highlighted a story written by friend Tom Shepstone on his Natural Gas Now website theorizing that the Delaware River Basin Commission, long influenced by big money coming from the Haas family via the William Penn Foundation and their surrogates, is planning to implement a full ban on fracking in the Delaware River Basin (see Tom’s story: Is the William Penn Foundation Planning a DRBC Ban?). Looks like Tom is a soothsayer. Elements of the William Penn cabal are leaking, like a sieve, news that the DRBC is about to introduce a permanent frack ban, which includes a ban in Wayne and Pike counties in Pennsylvania. The proposed ban may be introduced as early as today. We suppose the news shouldn’t surprise us, given that in July anti groups, including the William Penn lobbying arm Delaware Riverkeeper, hit the panic button (because of a lawsuit) and ramped up an effort to push a permanent ban (see Anti Groups Panic, Demand Govs Ban Fracking in Dela. River Basin). The big question is what will the prevaricating PA Gov. Tom Wolf do? He has mouthed support for a moratorium, but so far has not signed on for a permanent ban. Will he sell out all the way and now support a ban–screwing thousands of his own constituents? Who knows. Here’s the breaking news…
    Read More “DRBC Secretly Working on Permanent Delaware Basin Frack Ban”

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    Philly RINO Proposes High-Tax PA Budget, Incl. a 3% Severance Tax

    We’ve written plenty about Philadelphia-area RINO (Republican In Name Only) State Rep. Gene DiGirolamo. In May DiGirolamo introduced yet another severance tax bill (see Tiresome: Philly RINO Rep Gene DiGirolamo Intros Severance Tax Again). Like a bad penny, Gene keeps turning up. Yesterday, without consulting Republican leadership (because, he said, they would have tried to talk him out of it), DiGirolamo introduced his own version of a plan to supply the missing funds to balance the state budget. Like all good Democrats, DiGirolamo’s plan is packed with tax increases, including (yes) a severance tax. Oh wait! He’s a Republican, not a Democrat. Or is he? In addition to slapping a 3% severance tax ON TOP OF the impact fee, DiGirolamo wants to raise the state income tax from 3.07% to 3.32%–a hefty 8.1% increase. Pennsylvanian’s won’t miss it, right? And besides, the teachers unions in Philly really want that money, bad…
    Read More “Philly RINO Proposes High-Tax PA Budget, Incl. a 3% Severance Tax”

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    PA State Sen. Intros Meaningless Resolution Urging Natgas Exports

    In our daily trawl of the news, we came across the text of a resolution by Pennsylvania State Senator Stewart J. Greenleaf. Sen. Greenleaf is looking for co-sponsors of the resolution, which urges PA natural gas producers to export natural gas to European countries in order to curtail a Russian natgas monopoly. Greenleaf said, “Copies of this resolution will be transmitted to the Marcellus Shale Coalition, the Secretary of the Pennsylvania Department of Community and Economic Development, the President of the United States, the presiding officers of each house of Congress and to each member of Congress from Pennsylvania.” We thought: Nice sentiment…raise the natgas flag…rah rah and all that jazz. But at the end of the day, a resolution is meaningless. It has no force of law. It does nothing. It’s purely public relations bupkis. We wondered, why would Sen. Greenleaf, from Montgomery County (near Philadelphia) introduce this now? We revisited the list of traitorous Republican Senators who voted for the state budget that includes a severance tax (see Traitorous PA Senate Republicans Pass Severance Tax Bill). And yes, we discovered Sen. Greenleaf is one of the traitorous Republicans who voted for the horrible severance tax (and horrible gross receipts tax on natural gas, phones and electricity). The light went on. Greenleaf is using this resolution as a sleazy political ploy to try and curry favor with the natural gas industry–after he stabbed it in the back…
    Read More “PA State Sen. Intros Meaningless Resolution Urging Natgas Exports”

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    PA DEP Says 3 ME2 Spills Violate Agreement with Big Green

    It looks like Big Green has succeeded in conflating a mole hill into a mountain in Pennsylvania. In early August, Sunoco Logistics struck a deal with with several Big Green groups to provide stricter regulation for Mariner East 2 Pipeline’s underground drilling (see Sunoco Strikes Deal with Devil, “Settles” with Anti Groups re ME2). Part of the deal says if Sunoco experiences two leaks of drilling mud at the same location, they must shut down drilling in that location and wait for the state Dept. of Environmental Protection to further review drilling plans before they can restart. On August 24th there was a 50-gallon drilling mud spill into the Susquehanna River in Dauphin County related to ME2. A quick reminder: drilling mud, or “bentonite,” is non-toxic–the same stuff found in toothpaste and kitty litter. The 50-gallon spill would be like spilling 50 one-gallon jugs (maybe 10 bags) of kitty litter into the enormous Susquehanna River–a non-event. However, the Philadelphia-based Clean Air Council cried foul over the spill (see Big Green Group Makes Big Deal Out of Tiny ME2 Mud Spill). And now the state Dept. of Environmental Protection (DEP) has agreed, saying that spill plus spills in two other locations violate Sunoco’s agreement with Big Green…
    Read More “PA DEP Says 3 ME2 Spills Violate Agreement with Big Green”

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    Philly Antis Step Over the Line (Literally) at ME2 Pipeline Site

    Acting like 5-year olds who have been told not to do something, but defiantly do it anyway, several homeowners in a housing development in Delaware County who were specifically instructed not to interfere with clearing work for the Mariner East 2 Pipeline in a Philadelphia suburb. The homeowners intentionally crossed a clearly-marked line into the construction zone, putting themselves at risk. The homeowners, who object to the pipeline, wanted to “push the buttons” of the workers at the construction site. The workers promptly called the cops and of course, work could not commence while the police interviewed everyone to see what’s what. In the end, no arrests were made. The homeowners were on jointly-owned housing development property. Their lawyer told them they could enter the work area as long as they didn’t stop the work being done. One of the babies homeowners admitted she wanted to chain herself to a tree, but she restrained herself. So big of her…
    Read More “Philly Antis Step Over the Line (Literally) at ME2 Pipeline Site”

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    FirstEnergy Knocks $100M Off Sale Price of 4 PA Gas Power Plants

    FirstEnergy, based in Akron, OH, is one of the nation’s largest investor-owned electric systems, serving customers in Ohio, Pennsylvania, New Jersey, West Virginia, Maryland and New York. FirstEnergy owns a variety of regulated and non-regulated power generation plants. Last November the company announced it wants to sell five power generating plants, four of them natural gas-fired plants in Pennsylvania, plus a hydroelectric plant in Virginia (see FirstEnergy Selling 4 NatGas-Fired Electric Plants in PA). The plants being sold are non-regulated–part of FirstEnergy’s strategy to become a 100% “regulated” utility in the next 12 months. Last December FirstEnergy announced they had found a buyer, LS Power Equity Partners, willing to pay $885 million (later revised to $925 million) for the whole package (see FirstEnergy Finds Buyer for 4 PA NatGas-Fired Power Plants). However, negotiating the finer points of the deal has been “a challenge” and now FirstEnergy says in order to complete the deal, they’re willing to lower the price to $825 million…
    Read More “FirstEnergy Knocks $100M Off Sale Price of 4 PA Gas Power Plants”