Pennsylvania

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    Unmasking PA DEP’s War on Shale via Methane Regulations

    Since the beginning of this year, MDN has warned our readers about a push by the Pennsylvania Dept. of Environmental Protection (DEP) to revise methane emissions rules, something called Air Quality General Permit 5 (GP-5), and Air Quality General Permit 5A (GP-5A). According to the DEP, proposed GP-5 and GP-5A, “establish updated Best Available Technology (BAT) requirements for the industry regarding air emission limits, source testing, leak detection and repair, recordkeeping, and reporting requirements for the applicable air pollution sources.” The Marcellus industry perceives the changes to be a threat to the future of the industry in the state (see DEP GP-5 & 5A Regs – Imminent Threat to PA Marcellus Drilling). In March, MDN editor Jim Willis heard former PA DEP Secretary Mike Krancer say if GP-5A is enacted as written, it will result in a 12-18 month moratorium on new production in Pennsylvania (see Big News from the O&G Awards Northeast Industry Summit). This week Mike Krancer and another expert provided testimony to the PA House of Representatives State Government Committee Hearing about GP-5 and 5A, sounding the alarm and making the case that the PA DEP is unfairly targeting the shale industry with these revised regulations. We go a step further and call it a war on the shale industry…
    Read More “Unmasking PA DEP’s War on Shale via Methane Regulations”

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    Attack of the Clones: 10 PA Legislators Use Fractivist Form Letters

    It seems the Pennsylvania Dept. of Environmental Protection (DEP) has some air cover in its war against the Marcellus Shale industry (see Unmasking PA DEP’s War on Shale via Methane Regulations). The DEP has support from 10 PA legislators who have become fractivist tools by all using the same form letter/template in writing to the DEP. It’s really kind of funny. Below we have a copy of all ten letters so you can see for yourself. The letter signers (since they didn’t actually write them) are from eight PA House Democrats (Dom Costa, Dan Frankel, Robert Freeman, Patty Kim, Stephen Kinsey, Daniel Miller, Greg Vitali, Jake Wheatley), and from two PA Senate Democrats (Art Haywood, Sharif Street). Each form letter starts the same way: “It is critical that as a Commonwealth we continue our efforts to protect our residents and the environment from emissions associated with natural gas drilling.” And the drivel goes on from there. Oh, each one varies a word here or there, but make no mistake, this is form letter fractivism, plain and simple. Look for yourself at the Attack of the Clones…
    Read More “Attack of the Clones: 10 PA Legislators Use Fractivist Form Letters”

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    PA Court Rules Compressor, Gas Well Not “Single” Emission Source

    A somewhat obscure court case in Pennsylvania has potentially big implications for drillers who also own pipeline subsidiaries. In Lycoming County, PA, Seneca Resources (subsidiary of National Fuel Gas Company) drilled a series of wells on a pad called Well Pad E. Another NFG subsidiary, NFG Midstream, connected gathering lines to Well Pad E. NFG Midstream operates a compressor station to push the gas through the pipeline system. Both the well pad and the pipeline/compressor station are subject to air emissions regulations by the state Dept. of Environmental Protection (DEP). Each subsidiary on its own–the well pad, and the compressor station–don’t produce enough emissions to trip a costly upgrade in technology. However, if you combine both together into a single “source,” the two together do cross the threshold and would cost NFG big bucks in emissions technology to comply. The DEP lumped both together and told NFG to upgrade their emissions technology. Thing is, if another company owned the pipeline system, say Williams, the DEP would not have tried combining the two into a single source. So NGF appealed the DEP decision to the Environmental Hearing Board (EHB), a quasi-court set up to hear appeals of DEP decisions. The EHB found in favor of the DEP, so NFG appealed it again, this time to PA Commonwealth Court. Last week the court overturned the DEP decision and said just because two subsidiaries have the same parent, you can’t just lump them together as a single source for air emissions regulations… Read More “PA Court Rules Compressor, Gas Well Not “Single” Emission Source”

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    Group Forms to Shill for High Electric Prices from PA Nuke Plant

    Exelon Corporation, the company that operates the Three Mile Island nuclear power plant near Harrisburg (yes, THAT infamous TMI), is accomplishing what it set out to do. Nuclear power simply can’t compete against low-cost, abundant, clean-burning natural gas. And it’s losing. Just like coal did. But nuke plants produce a lot of electricity. And until the past few years, they’ve been quite profitable for the companies that own them. Not any more. So what do those companies, like Exelon, do? Ask the government to stack the deck, of course! Exelon recently announced they will close TMI in the next year or two–unless Pennsylvania behaves like socialist New York and Illinois to prop up the money-losing plant with subsidies. We wrote about this issue recently (see Nuke the Nukes: Harrisburg Battle to Prop Up Failing Nuke Energy). TMI is now the poster child. “Give us money, or we’ll shut ‘er down.” And with the threat of a shutdown, Exelon has enlisted local and state politicians to “sound the alarm” (i.e. shill) in order to “save jobs” and “save our communities” by injecting taxpayer and ratepayer money into these failing power plants… Read More “Group Forms to Shill for High Electric Prices from PA Nuke Plant”

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    Rutgers Study Says Williams Pipeline to NYC Econ Boost of $327M

    Transco Northeast Supply Enhancement Project map – click for larger version

    In May 2016, Williams’ Transcontinental Gas Pipe Line Company (Transco) pre-filed with the Federal Energy Regulatory Commission (FERC) for a project called the Northeast Supply Enhancement project (see Williams Pre-Files with FERC to Expand Transco Pipeline in PA, NY). The new project will increase pipeline capacity and flows heading into northeastern markets. In particular, Transco wants to provide more 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. At the time of pre-filing, Williams ran an open season to lock up commitments for the Northeast Supply Enhancement project (see Williams Announces Open Season for Northeast Supply Enhancement). The open season worked. National Grid committed to all 400,000 dekatherms (400 million cubic feet per day) of extra gas the project will provide. In March 2017, Williams filed a full, official application for the project (see Williams Files with FERC to Expand Transco Pipeline to NYC, NE). No doubt anticipating stiff opposition from lunatic anti-fossil fuelers, Williams commissioned an independent, third party study of the project with Rutgers University. Yesterday the Rutgers researchers released their comprehensive study (full copy below) that finds the Transco Northeast Supply Enhancement project, which will cost $1 billion to build, will generate $327 million in additional economic activity (GDP) in Pennsylvania, New Jersey and New York. In addition, the project will directly and indirectly generate 3,186 jobs during the one-year construction period, resulting in an estimated $234 million in labor income. This is great news for PA, NJ and NY residents…
    Read More “Rutgers Study Says Williams Pipeline to NYC Econ Boost of $327M”

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    Ridgetop Energy Services Buys Keystone Wireline Inc.

    You know those Russian nesting dolls, which are called matryoshka dolls, where you open one and inside you see another? And you open that and inside is yet another? And on it goes four or five times. That’s how we felt when digging into this story. The news is that Ridgetop Energy Services, headquartered near Pittsburgh, has purchased Keystone Wireline Inc., located in Bradford (McKean County), PA. Who is Ridgetop and how does Keystone Wireline fit into the picture? That’s what leads us to a matryoshka doll…
    Read More “Ridgetop Energy Services Buys Keystone Wireline Inc.”

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    Air Products Closing Wilkes-Barre LNG Manufacturing Plant

    Air Products owns a manufacturing plant located on the outskirts of Wilkes-Barre, PA. If you’ve ever heard of the Air Products business, you may conjure up an image of small cylinder tanks of helium or other “rare” gases sitting inside a chain fence. Yes, Air Products sells gases by the tank, but they also manufacture the mother of all gas tanks in their Wilkes-Barre facility–huge rocket-looking “production trains” or “heat exchangers,” which are pieces of equipment that turn natural gas into liquefied natural gas, or LNG. The heat exchangers manufactured by Air Products in Wilkes-Barre are two-thirds of a football field long (180 feet), used by plants all over the world to condense natural gas into a liquid. We’ve written about Air Products a few times, theorizing some of the heat exchangers they manufacture are being used by plants to liquefy Marcellus/Utica gas (see our Air Products stories here). Sadly, Air Products has just met with its employees at the Wilkes-Barre plant to let them know the plant close on August 1st, resulting in a layoff of 75 employees. Air Products is not getting out of the heat exchanger manufacturing business. They own a second plant in Port Manatee, Florida. The Wilkes-Barre plant is limited in the size of the exchangers it makes, while the Florida facility is not. Demand for shorter exchangers is down, meaning no work for the plant. Also, the Wilkes-Barre facility must ship the huge exchangers they manufacture via railroad to Philadelphia–a process that takes five days. The Florida facility is located at port where the exchangers are loaded directly onto ships heading to other countries, where much of the product is destined. It seems in the end, geography is what defeated Air Products’ Wilkes-Barre operation… Read More “Air Products Closing Wilkes-Barre LNG Manufacturing Plant”

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    Wireless Device Monitors Abandoned PA Wells for Fugitive Methane

    What if there was a small device, about the size of a paperback novel, that could sniff the air and detect fugitive methane, escaping into the atmosphere? And what if that small device was operated with rechargeable batteries, and the batteries recharged every day using solar energy? And what if that device could also then transmit data about the air quality via the internet to servers back at HQ? And what if it could operate remotely, like at an abandoned well site? Dream no more. Such a device exists. We first heard about PixController’s Optical Methane Emissions Detection System (OMEDS) when it won a $25,000 prize from the 2015 Shale Gas Innovation Contest (see Winners of $100K for 2015 Shale Gas Innovation Contest Announced). The OMEDS has just won a second prize, the Global “Internet of Things” Challenge for Innovation, a contest held in Barcelona Spain. Seems innovations happening in the Marcellus are making international headlines… Read More “Wireless Device Monitors Abandoned PA Wells for Fugitive Methane”

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    PA DEP Green Lights Wastewater Injection Well in Clearfield County

    Here’s one that flew mostly under the radar. The Pennsylvania Dept. of Environmental Protection (DEP) has just granted final approval for the state’s ninth wastewater injection well to begin operation. The DEP approved Sammy-Mar, LLC’s Povlik #1 injection well, located in Huston Township, Clearfield County, more than two years after the federal Environmental Protection Agency had approved it. Huston Township in Clearfield County, unlike Highland Township in Elk County, and Grant Township in Indiana County, did not oppose the well. You may recall the DEP approved injection wells in Elk and Indiana counties in March, and had to sue the towns involved over their illegal home rule laws that sought to keep the wells out (see PA DEP Issues 2 Wastewater Injection Well Permits, Sues 2 Towns). This time around, Huston Twp wisely decided not to attempt regulating what only the state, by law, can regulate. This injection well will be an important new resource for Marcellus drillers to dispose wastewater…
    Read More “PA DEP Green Lights Wastewater Injection Well in Clearfield County”

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    Cardinal Midstream Forms New Co. Targeting Utica, Other Plays

    6/2/17 Update: A previous version of this post was incorrect. MDN confused Cardinal Midstream with Cardinal Gas, which led us to create a confusing post. We apologize to both companies–and regret the mistake! Below is a corrected introduction.

    Cardinal Midstream II operates a pipeline gather/processing system in Tioga County, PA. The Tioga system gathers and processes gas from Utica Shale wells in the county (not Marcellus wells, at least not yet). Earlier this week Cardinal announced a new spin-off called Cardinal III, backed with money from EnCap Flatrock Midstream–the same company that has backed Cardinal’s other ventures. The new Cardinal III is getting a $250 million infusion from EnCap to “pursue midstream acquisitions and development opportunities in both conventional and unconventional resource plays across North America.” That means possibly more work in the Marcellus/Utica, but any/all other major plays are also up for grabs. Here’s the announcement… Read More “Cardinal Midstream Forms New Co. Targeting Utica, Other Plays”

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    PA Hearing Board Reduces EQT Fine from $4.5M to $1.1M

    In October 2014, the Pennsylvania Dept. of Environmental Protection (DEP) fined Marcellus driller EQT a whopping $4.53 million for a leaky wastewater impoundment in Tioga County, PA (see PA DEP Levies Biggest Fine Ever, $4.5M Against EQT). While EQT did not say there wasn’t a problem with leaks at the site, they did say the way the DEP calculated the fine is unreasonable and arbitrary. EQT appealed the fine and the case all the way to the PA Supreme Court. In December 2015, the high court handed EQT a “procedural victory” by saying EQT has a point about the manner in which the DEP is calculating the fine (see PA Supreme Court Gives EQT “Procedural Victory” in $4.5M Fine Case). The Supreme Court sent the case back to a lower court, PA Commonwealth Court, for follow up work, and in January 2017, a three-judge panel ruled that the method the DEP currently uses to assess fines–by how many days pollution lingers, instead of by how many days the initial release of pollution lasted–is not legal nor common sense (see EQT Wins Court Case Against PA DEP re $4.5M Wastewater Leak Fine). The judges said such a method in fining, “would result in potentially limitless continuing violations.” Under the old way of calculating fines, the DEP was considering upping the fine on EQT to an insane $157 million. Calculating it under the new way will mean a fine of around $120,000. We thought with that ruling it was all done and dusted. Not so. The soap opera continued when the DEP appealed the Commonwealth Court panel’s ruling back up to the PA Supreme Court where the Supremes will consider it all over again (see DEP Appeals $4.5M Wastewater Leak Fine Against EQT to Supremes). Into this mess, let’s now throw in another wrinkle. While the courts have been grappling with issues of procedure and whether or not the DEP can assess fines the way it claims it can (that is, Constitutional issues), at the same time the matter was brought up before the PA Environmental Hearing Board (EHB), a sort of quasi-court set up to hear appeals of decisions made by DEP. The EHB has decided to adjust the fine down significantly–from the DEP’s initial levy of $4.53 million down to $1.1 million. Here was their reasoning… Read More “PA Hearing Board Reduces EQT Fine from $4.5M to $1.1M”

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    Antis Score Small Victory Against ME2 Pipeline re Eminent Domain

    The radical Philadelphia-based Clean Air Council (CAC) has scored a very small, but notable, victory in it’s battle to block Sunoco Logistic Partners’ from building the Mariner East 2 Pipeline project. Last Thursday a judge with the Philadelphia Court of Common Pleas allowed a case filed by CAC to proceed. The case claims that Sunoco cannot use eminent domain powers granted by the State of Pennsylvania to force its way through properties where the landowner refuses to cooperate, because (CAC claims) the pipeline is technically not an intrastate pipeline (only located in PA), but is instead an interstate pipeline (crossing the border into Ohio). The judge said the case has enough merit that it can go to trial. We call it a small victory because Common Pleas court is the lowest trial court in the state. There are several layers higher where appealed cases are decided. This is more of a statement than a serious threat. But let’s play “what if.” What if CAC wins, and on appeal, wins again?…
    Read More “Antis Score Small Victory Against ME2 Pipeline re Eminent Domain”

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    Peters Township Votes to Allow Fracking Under Town Property

    Peters Township, the most populous township in Washington County, PA, is one of the seven selfish towns that sued the state in 2012 over the zoning provisions in the then-new Act 13 law, eventually winning at the PA Supreme Court level (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). The Act 13 victory gave townships like Peters the right to pass local zoning ordinances that restrict, but don’t outright ban, Marcellus/Utica drilling. Peters has been adept at using the victory to keep a defacto ban in place by “studying” the issue to death (see Peters Twp, PA Pretends to Debate Ordinance to Allow Drilling and Peters Twp, PA Continues to Delay Drilling by “Studying” It). Sooner or later you have to come down on one side or the other, and last September Peters decided to screw Marcellus drillers. Town council passed a new drilling ordinance (4-2) that says drilling is ONLY allowed in areas zoned for industrial uses, which rules out areas zoned for agricultural uses, where most drilling happens (see Peters Twp Gives the Middle Finger to Drillers One Final Time). Even the theoretical drilling that would happen in industrial areas, a grand total of 138 acres in the township, will have to be a “conditional use” with loads of permits and reviews. So we found it quite ironic that Peters Township Council threw their lordly “principles” right out the window last Tuesday when they voted (5-2) to give EQT a five-year lease on some of the township’s own land–for a signing bonus of $4,750 per acre, with 18% royalties–something they’ve denied every other landowner in the township…
    Read More “Peters Township Votes to Allow Fracking Under Town Property”

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    PA DEP to Hold 4 Public Hearings for Atlantic Sunrise Pipe in June

    Seems like forever we’ve been waiting for the Pennsylvania Dept. of Environmental Protection (DEP) to issue the final permits needed for the Williams Atlantic Sunrise Pipeline project to begin construction. Atlantic Sunrise is 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. The Federal Energy Regulatory Commission (FERC) gave its final seal of approval for the project in February (see Atlantic Sunrise Pipeline Gets Final Approval by FERC). But like NY, PA is holding up the project. The DEP has not, so far, granted necessary permits to allow construction to begin–those permits being Chapter 102 (earth disturbance) and Chapter 105 (waterway and wetland encroachment). Williams embarked on a public relations campaign to enlist support across the state to pressure PA Gov. Tom Wolf and the DEP to grant the permits so construction can (finally) begin. The Wolf DEP is holding up this project and the 8,000 jobs it will create during construction. Williams delivered a petition to Gov. Wolf with the signatures of 3,000 people supporting the project earlier this month (see PA Roars Its Approval of Atlantic Sunrise Pipeline with Petition, Comments). Perhaps that did the trick. Last Thursday the DEP announced four public hearings in June (otherwise known as circus freak shows, where antis parade in front of microphones and behave like asses). The DEP will also accept public comments until June 26. After that, we will hopefully get a swift round of issued permits and the backhoes will start digging… Read More “PA DEP to Hold 4 Public Hearings for Atlantic Sunrise Pipe in June”

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    Chesapeake Scores Court Victory to Prevent PA Royalty Class Action

    Sometimes we wish we had gone to law school–to better understand some of the cases involved with oil and gas. This is one of those times. When you read words like “arbitrability,” the eyes start to glaze over. We’ll do our best to summarize some important news for landowners who want to sue Chesapeake over shorted royalty checks. Starting in 2008, Chesapeake Energy, under then-CEO Aubrey McClendon, began leasing acreage in northeastern Pennsylvania for shale drilling. Said drilling happened and in 2013, Scout Petroleum purchased royalty rights from some NEPA landowners. That is, Scout took over receiving the royalty payments in return for giving those landowners an up front, lump sum. In 2014, when it became obvious Chesapeake was using aggressive deductions from royalty payments (i.e. landowners were getting hosed), Scout filed a lawsuit against Chesapeake, requesting (under the lease language) that their grievances against Chessy be arbitrated AND (not specifically under the lease language) that Scout and thousands of other landowners be lumped together into class action arbitration (see Bad to Worse: PA Royalty Owner Asks Court for Chessy Class Action). Scout lost the case over class action and appealed. In late April, an appeals judge found that class action arbitration is not part of the original lease language, express or implied, and therefore is not allowed. Scout is appealing the decision once again. This is far from over, but for now, Chesapeake has a small victory in forcing landowners to file individual lawsuits…
    Read More “Chesapeake Scores Court Victory to Prevent PA Royalty Class Action”

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    $700M CPV Power Plant in Cambria, PA Gets Ready to Break Ground

    Click for larger version

    It’s taken a few years, but we are now only a few months away from groundbreaking to build a new Marcellus gas-fired power plant in Cambria County, PA. Competitive Power Ventures (CPV) will build the $700 million CPV Fairview Energy Center off Route 271 near Vinco, in rural Jackson Township (see 2 Natgas-Fired Electric Power Plants Coming to Cambria County, PA). Last June the Pennsylvania Dept. of Environmental Protection (DEP) held a public hearing on an Air Quality Plan Approval Application for the project (see Voice Support for CPV NatGas Power Plant in Cambria County, PA). After securing financing and filling out a forest worth of paperwork, CPV Fairview Energy is almost ready to begin construction. What can the locals expect from this new plant? Perhaps a field trip to another CPV power plant, in New Jersey, can enlighten us… Read More “$700M CPV Power Plant in Cambria, PA Gets Ready to Break Ground”