Pennsylvania

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    Central PA Counties form Co-op to Expand NatGas Service Locally

    Juniata County just became the fifth central Pennsylvania county to join the SEDA-COG Natural Gas Cooperative. SEDA-COG stands for Susquehanna Economic Development Association – Council of Governments. Collectively, SEDA-COG is a group of 11 central PA counties. The other four counties that belong to the Natural Gas Cooperative include Clinton, Centre, Mifflin, and Perry. So what’s the big deal about this group? In 2013 MDN reported that SEDA-COG was working on an initiative to bring natural gas to more residents and businesses in their collective 11-county region (see Central PA Counties Cooperate on Infrastructure for More Gas Use). That cooperative effort eventually, in early 2016, gave birth to the SEDA-COG Natural Gas Cooperative group. Between 2014-2016 SEDA-COG conducted two studies to identify key targeted investment areas for establishment or expansion of natural gas service in its 11 member counties. Earlier this year, they issued a final report (full copy below). The report outlines ways in which the counties can cooperate to bring new gas infrastructure (distribution pipelines) to the region–delivering gas to homes and businesses. It is local government at its best, putting their heads together to benefit the entire region. The great news is that these central PA counties either have local shale wells, or are situated close to abundant shale production in nearby counties. Now it’s just a matter of getting folks hooked up to the gas…
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    Range & PA DEP Settle re Alleged Methane Leak at Lycoming Well

    Range Resources and the Pennsylvania Dept. of Environmental Protection (DEP) have officially “settled” something we thought was already settled–alleged methane migration from a well Range drilled in 2011. In June 2015, then-Secretary of the DEP, John Quigley, slapped Range with an $8.9 million fine–the largest such fine ever levied by the DEP (see PA DEP Slaps Range with Record $8.9M Fine for Methane Migration). Range’s enviro crime? Methane migration from a well in Lycoming County, PA. The DEP says the Range well, drilled in 2011, leaked methane since at least 2013 via an improperly cemented well casing, and the methane “contaminated the groundwater-fed wells of private water supplies, and a nearby stream.” Range and the landowner where the well is drilled say methane was in groundwater supplies long before Range drilled the well. Range fought the action tooth and nail, appealing the determination and fine to the PA Environmental Hearing Board (see PA DEP’s $8.9M Methane Migration Fine Appealed by Range Resources). In May 2016, the DEP quietly dropped the fine and the case against Range (see PA DEP Drops $8.9M Fine Against Range Res. re Methane Migration). We assumed that was the end of the matter. But alas, no. We now, finally, have an end. Both Range and the DEP filed paperwork with the Environmental Hearing Board (a special court set up to hear appeals of DEP decisions) requesting the matter now officially be closed and “settled.” The paperwork (copy below) does not say what the terms of the settlement are. Both Range and the DEP are being mum about the terms…
    Read More “Range & PA DEP Settle re Alleged Methane Leak at Lycoming Well”

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    Shell Cuts Deal with Big Green Groups re Cracker Plant Air Permit

    Exactly two years ago, two Big Green groups–the Philadelphia-based Clean Air Council and the Washington, DC-based Environmental Integrity Project (both disgusting litigation factories)–filed a complaint against Shell to block the air quality permit needed to build the $6 billion ethane cracker in Monaca, PA (see Big Green Groups File to Block Shell Cracker Air Quality Permit). The filing came after the state Dept. of Environmental Protection (DEP) approved the air permit for the facility. The two Big Green groups filed an appeal with the state Environmental Hearing Board–a special court set up to hear appeals of DEP decisions. The groups believe the DEP “should have required more stringent monitoring requirements for fugitive air emissions from Shell.” Specifically the groups want fenceline monitoring and restrictions on flaring. Shell caved and gave them most of what they want, signing a settlement agreement last Friday (copy below). Shell did win one important concession: the litigious Big Green groups can’t sue Shell over any of their wild claims in the original filing…
    Read More “Shell Cuts Deal with Big Green Groups re Cracker Plant Air Permit”

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    Allegheny Institute: PA Impact Fee is Better than a Severance Tax

    The Allegheny Institute is out with another top notch policy brief. This one tackles the state’s existing impact fee and addresses the issue of why revenues from the impact fee have slid over the past several years. The Institute is not denigrating the impact fee, but lauding it as a better system of taxation than a severance tax. The Allegheny Institute exists to conduct research, education and advocacy work in a mission to defend taxpayers and businesses against burdensome taxation, inefficiency and intrusiveness of an ever expanding government–a pretty tall order because government at all levels is always expanding, like a voracious monster. Think of the Allegheny Institute as a mini version of the Heritage Foundation–focused specifically on Pennsylvania. The newest brief, titled “Shale Gas Impact Fee Revenue Continues to Slide” (full copy below) takes an honest, and hard look, at the impact fee. Researchers conclude that slapping a severance tax on top of the impact fee would be a disaster and violate the state’s commitment to drillers when they passed the impact fee…
    Read More “Allegheny Institute: PA Impact Fee is Better than a Severance Tax”

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    PA DEP Raising Shale Well Permit Fee Later This Year

    The Pennsylvania Dept. of Environmental Protection has put drillers (and everyone) on notice that it will bump up the fee to file for a permit to drill a Marcellus Shale well. Prior to 2013, the permit fee for a new Marcellus well was $3,200. In 2013 the DEP bumped it up by 56%, to $5,000 (see Higher Marcellus Permit Fees Coming for PA Drillers). The DEP says statutorily it must review the fee “every three years” and now is the time (past time, really). The DEP is signaling “the need for a fee increase.” How much? The DEP is being coy about what kind of a jump they plan this time…
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    Lancaster Sisters of the Corn Lose Bid to Stop Atlantic Coast Pipe

    The Sisters of the Corn have lost their battle to prevent the Williams Atlantic Sunrise Pipeline from crossing their cornfield. Last month MDN told you about a group of Catholic nuns who, with the help of radical Big Green groups, cleared a portion of a corn field they own (local farmer uses for planting corn), plopped a couple of wooden park benches and portable flower trestle in the middle of the corn field, and declared the spot a “chapel” (see Catholic Nuns Use Radicals to Build Chapel in Path of PA Pipeline). It’s a joke. But they weren’t laughing. They really thought that (a) if they refused to sign an easement granting a right-of-way to Williams, and (b) if they stuck a couple of park benches in a corn field, a judge would stop the pipeline from passing through–at least on their land. They were wrong. The Sisters of the Corn (as we call them, the actual name is The Adorers of the Blood of Christ) were one of five holdout property owners who would not sign easements. Last week a judge granted the easements anyway. Atlantic Sunrise now has 100% of the land they need to build the pipeline. Oh! The interesting thing about the Sisters of the Corn? The Sisters use natural gas to heat a retirement community they operate on the very same property where they don’t want a natural gas pipeline…
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    Haynesville Shale Tops Marcellus Rig Count, 1st Time Since 2011

    The Haynesville Shale, found in East Texas and Louisiana, last week surpassed the Marcellus for total number of active drilling rigs. That’s the first time the Haynesville has had more active rigs than the Marcellus since 2011–six years. What’s up with the “sleepy” Haynesville? It’s not so sleepy anymore. Last year one of the biggest and best drillers in the Marcellus, Range Resources, paid $4.4 billion to buy out and take over a Louisiana driller (see Range Resources Buys Louisiana Driller in Deal Worth $4.4B). Range drills in the Terryville Field in Louisiana, which sits just over top of the Haynesville. This year Range is spending 34% of their capital expenditure budget on Louisiana drilling–money that could have been spent in the Pennsylvania Marcellus. Why is the Haynesville picking up again? (1) It costs less to drill in Louisiana because taxes and other drilling costs are lower, and (2) pipeline infrastructure is already in place to sell the gas into higher-paying markets. This is a very loud warning to those in PA who say “drillers won’t go anywhere else ’cause the gas is here” as a justification for slapping a severance tax on top of the impact fee on top of a corporate state income tax: THEY’RE ALREADY LEAVING PENNSYLVANIA, going to the Haynesville and other plays. How obtuse can you be? How stupid is it to RAISE taxes when drillers are already shifting away from the state? If PA lawmakers insist on slapping drillers with a severance tax, drillers will be happy to turn the spigots off for a while until prices go up and they can afford to pay the tax. Drillers are equally happy to spend their money drilling new wells in other states, given regulatory problems and high taxes. And then where will your “easy money” come from to balance an overspent state budget?…
    Read More “Haynesville Shale Tops Marcellus Rig Count, 1st Time Since 2011”

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    Faux “Conservative” Group Runs Attack Ads re Fixing PA DEP

    We have more evidence that a so-called “Conservative” environmental group, calling themselves Conservatives for Responsible Stewardship, is anything but conservative. Let’s strip the euphemisms away, shall we? Conservatives for Responsible Stewardship is a group of liberal Democrats pretending to be conservative Republicans. It is a pretense. A lie. How do we know? It all goes back to the budget bill passed by the Pennsylvania Senate. Republicans, which control both the House and Senate in Pennsylvania, passed an unbalanced budget of $32 billion. Problem is, there’s only $30 billion of projected revenue. So after passing the spending part of the budget, the legislature (i.e. Republicans) now have to “come up with” $2 billion to cover the difference. The pressure has been intense to punish the successful Marcellus industry by stealing even more of their money (PA already takes an overly generous portion of their profits). Senate Republicans caved to the pressure and floated a spending plan that includes a severance tax (see Traitorous PA Senate Republicans Pass Severance Tax Bill). The House, so far, has resisted the siren song that wants to lure them onto the rocks of killing the Marcellus industry. The Marcellus industry has, for years, complained about the sloooooooow response times in approving drilling permits by the Dept. of Environmental Protection (DEP). As an olive branch to the industry, Senate Republicans also included (in the budget bill) fixes to the slow DEP, to speed things up (see PA Senate’s “Olive Branch” of “Relaxed Regulations” for Drillers). So-called Conservatives for Responsible Stewardship are now spending big money advertising against the Republicans who voted for the budget bill because of the DEP fix included. Thing is, a LOT of PA Senate Democrats (11 of 17) also voted for that budget–but “Conservatives” for Responsible Stewardship isn’t spending a dime to run advertising against the Democrats. What does that tell you?…
    Read More “Faux “Conservative” Group Runs Attack Ads re Fixing PA DEP”

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    Chester County, PA Town Floats Illegal Pipeline Ordinance

    Uwchlan Township in Chester County (near Philadelphia) has put itself on a path to get sued. The town is in the process of proposing and adopting new zoning ordinances that govern how pipelines can get built within town boundaries. The problem, of course, is that they don’t have that right. Federal pipeline projects are governed by federal law and the Federal Energy Regulatory Commission. State pipeline projects are governed by the state’s Public Utility Commission. Local yahoos can’t just take it on themselves to overturn federal and state law. Sorry boys and girls, it doesn’t work that way. You’ll need to suppress your inner anarchist. Some of the things the town wants sounds pretty tame: install secure fencing at the site, have an evacuation plan ready. But some things are certain litigation waiting to happen: pipeline operators must compensate the town for “any loss of tax revenue that results from a decline in real estate values” caused by construction the pipeline. And how, prey tell, will the town calculate that? Home values go up and down with the wind–year in and year out. Many factors beyond a pipeline affect property values. This is real hubris on the part of Uwchlan…
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    Dela. Riverkeeper Loses Fed. Court Case Against NEPA Pipeline

    In March, Big Green group THE Delaware Riverkeeper (leftist political lobbying arm for the William Penn Foundation that funds it) filed a lawsuit in the U.S. Court of Appeals for the Third District requesting the court overturn a Clean Water Act permit granted by the U.S. Army Corps of Engineers for Kinder Morgan’s Orion Project in northeast Pennsylvania. Yesterday, in a humiliating defeat, the Third Circuit rejected Riverkeeper’s request and ruled the Army Corps was well within its right to grant the permit (full copy of the ruling below). In October 2015, Kinder Morgan’s Tennessee Gas Pipeline (TGP) filed their official, full application with the Federal Energy Regulatory Commission (FERC) seeking approval for the Orion Project (see Tennessee Gas Pipeline Files PA Orion Project with FERC). The project will cost $143 million and construct 13 miles of “looping” pipeline in Pike and Wayne counties, Pennsylvania. The project will boost capacity on the TGP by another 135 million cubic feet per day (MMcf/d), allowing TGP to pump more Marcellus Shale gas to Mid-Atlantic and New England states. The project received full FERC approval in February of this year (see TGP Orion Project in NEPA Gets Final Approval by FERC). The project remains on track to be built/online in June 2018…
    Read More “Dela. Riverkeeper Loses Fed. Court Case Against NEPA Pipeline”

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    More Pushback on PA Senate Plan to Fix Slow DEP Permit Reviews

    There is a growing storm of opposition to a plan put forward by the Pennsylvania Senate in the current budget bill to fix the problem of long delays in issuing permits by the state Dept. of Environmental Protection (DEP). Enough traitorous Republicans in the Senate joined with just about all of the Democrats in the Senate to pass a budget bill that slaps new taxes on natural gas–a severance tax on drillers and a gross receipts tax on consumers (see Traitorous PA Senate Republicans Pass Severance Tax Bill). As an olive branch to the industry, Senate Republicans also included (in the budget bill) fixes to the slow DEP, to speed things up (see PA Senate’s “Olive Branch” of “Relaxed Regulations” for Drillers). The DEP has a policy of issuing erosion and sedimentation permits 14 days from the date of application. These types of permits are common and necessary when building roads, well pads, etc. Lately it has taken the DEP 250 days to issue those permits! Permits related to drilling wells are supposed to take no more than 45 days. Those permits now average 93 days. The DEP is hopelessly backlogged–and it’s getting worse. The Senate olive branch was meant to address this serious issue. But of course antis have (and continue) to come out in force to oppose the fix. Now, an assortment of previous Secretaries of the DEP have also voiced their concerns about the plan–including a voice we highly respect, Michael Krancer…
    Read More “More Pushback on PA Senate Plan to Fix Slow DEP Permit Reviews”

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    Williams Northeast Supply Enhancement Pipeline Advances in PA

    In March of this year, Williams filed a full, official application for the Northeast Supply Enhancement project (see Williams Files with FERC to Expand Transco Pipeline to NYC, NE). The new project is meant to increase pipeline capacity and flows heading into northeastern markets. In particular, Transco wants to provide more Marcellus natural gas to utility giant National Grid beginning with the 2019-2020 heating season. National Grid operates in New York City, Rhode Island and Massachusetts. There are a number of components to the project, but the key component, the heart of the project, is a new 23-mile pipeline from the shore of New Jersey into (on the bottom of) the Raritan Bay–running parallel to the existing Transco pipeline–before connecting to the Transco offshore. Much of the Raritan Bay pipeline is located in New York territorial waters. In a case of “here we go again,” the New York Dept. of Environmental Conservation (DEC), which has been corrupted and politicized by Gov. Andrew Cuomo, sent a notice to Williams in July (to their Transco subsidiary) to declare the application for a 401 water-crossing permit for the Northeast Supply Enhancement project is deemed “incomplete,” pending certain items (see NY DEC Tells Williams NE Supply Water Permit App is “Incomplete”). However, NY isn’t the only state involved. The project wants to build 10 miles of pipeline, build four roads and build a new compressor station (next to an existing compressor) in Pennsylvania. Even though the PA Dept. of Environmental Protection (DEP) has been slow in issuing permits for drilling (see today’s story More Pushback on PA Senate Plan to Fix Slow DEP Permit Reviews), the DEP is far less dysfunctional than the NY DEC. The last Saturday the DEP published a notice in the Pennsylvania Bulletin that the agency will issue the necessary permits for the project in PA after a public comment period that ends on Sept. 18…
    Read More “Williams Northeast Supply Enhancement Pipeline Advances in PA”

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    PA Senate Slips Anti-Landowner Measure into State Budget Bill

    Not only did the Pennsylvania Senate pull a real boner by voting for a severance tax and gross receipts tax (see Traitorous PA Senate Republicans Pass Severance Tax Bill), they also slipped another provision in the PA budget bill that, until now, has gone unnoticed. This new provision has big implications for both landowners and drillers. The Senate slipped in Section 1610 (see the language below) which changes established lease law with respect to oil and gas wells that no longer produce anything. Under existing law, when an oil or gas well stops producing–and the landowner quits getting royalty checks–the lease is considered terminated. Done. Finished. Under Section 1610, drillers can resurrect those dead leases under a couple of conditions. If the landowner doesn’t officially state “your lease is now dead since you’re not producing anything” a driller quick-like-a-bunny restarts production at the well and sends the landowner a check, it would re-start (or continue) the existing lease with its existing terms. Or if the driller sends a notice to the landowner stating its intention to drill a new well on the property, and if the landowner doesn’t object (given a 3-month time limit), the driller is free to begin drilling a NEW well, under the OLD lease terms. Section 1610 really stinks, in our humble opinion. It means a driller can drill a new shale well after an old conventional/vertical well quits producing–without having to sign a new lease or pay a new bonus or negotiate a new royalty rate. Doesn’t seem right to us!…
    Read More “PA Senate Slips Anti-Landowner Measure into State Budget Bill”

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    Businesses Learn How to Get a Piece of $6B Shell Cracker Pie

    As the mighty $6 billion Shell ethane cracker begins construction in Beaver County, PA, plenty of local (and regional) businesses are asking the question: How can we get in on the action? How can we win contracts for goods and services? The Beaver County Chamber of Commerce aimed to help answer that question yesterday at a 3-hour event held at the Club at Shadow Lakes. The “Doing Business in the Era of Shell” seminar drew a crowd of 300+. Some of the speakers were from Louisiana–where they went through a similar process when SASOL built an $11 billion petrochemical project there. Here is some of the wisdom passed along to those who attended…
    Read More “Businesses Learn How to Get a Piece of $6B Shell Cracker Pie”

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    PA State Senator Floats Bill to Make Criminal Protesters Pay

    PA residents in Lancaster County have a keeper in freshman Senator Scott Martin. Back in May MDN reported that Martin was cooking up legislation to send the cleanup bill for illegal protests–to the protesters (see PA State Senator Introducing Law to Send Protesters Cleanup Bill). The bill is now here–Senate Bill (SB) 754 (full copy below). Sen. Martin has refined his ideas. Law and order folks (those of us who are sane, rational people) are tired of the lawless actions by a few who oppose pipelines, drilling, Trump…whatever. Sen. Martin and those in the drilling/pipeline industry fully support free speech the right of antis to make fools of themselves. It provides entertainment! What Sen. Martin and those in the industry don’t support, however, is when paid protesting thugs break the law by destroying property and blocking access to legal businesses attempting to do legal work. We saw how so-called environmentalists (who were actually anarchists) “protested” in South Dakota–leaving behind an environmental disaster that cost millions to clean up–far worse than any pipeline spill would have been. Police and first responders were deployed–at a cost of millions of dollars. South Dakota bore most of the cost. That is, taxpayers paid for it. Under Sen. Martin’s bill, if protesters break the law while protesting in PA, incidents that require police and other first responders to handle the situation, those law-breaking protesters will pay the cost of said police and first responders. WE LOVE IT! It’s about time people were actually held accountable for their illegal actions…
    Read More “PA State Senator Floats Bill to Make Criminal Protesters Pay”

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    Faux “Conservative” Group Campaigns Against Fixing PA’s Broken DEP

    A national group of antis calling themselves “conservative” are attempting to meddle in the affairs of Pennsylvania. If you’ve been reading MDN for any time, you know about the current huge, stinking mess of a budget in Pennsylvania. Republicans, which control both the House and Senate, passed an unbalanced budget of $32 billion. Problem is, there’s only $30 billion of projected revenue. So after passing the spending part of the budget, they now have to “come up with” $2 billion to cover the difference. The pressure has been intense to punish the successful Marcellus industry by stealing even more of their money (PA already takes an overly generous portion of their profits). Senate Republicans caved to the pressure and floated a spending plan that includes a severance tax (see Traitorous PA Senate Republicans Pass Severance Tax Bill). The House, so far, has resisted the siren song that wants to lure them onto the rocks of killing the Marcellus industry. So far. The Marcellus industry has, for years, complained about the sloooooooow response times in approving drilling permits by the Dept. of Environmental Protection (DEP). As an olive branch to the industry, Senate Republicans also included (in the budget bill) fixes to the slow DEP, to speed things up (see PA Senate’s “Olive Branch” of “Relaxed Regulations” for Drillers). Now we hear from some national group, calling themselves Conservatives for Responsible Stewardship, that the PA Senate plan to fix the DEP will create an environmental holocaust. Let us assure you, there is nothing “conservative” about Conservatives for Responsible Stewardship. They are Big Green liberals pretending to be conservative. They’re now spending big money (from their Big Green friends) to advertise, in a bid to pressure the legislature to dump the “fix the DEP” plan…
    Read More “Faux “Conservative” Group Campaigns Against Fixing PA’s Broken DEP”