Pennsylvania

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    Penn Twp Reverses Course, Leases Town Land for Marcellus Drilling

    In May 2016, MDN told you that the Penn Township (in Westmoreland County, PA) zoning board voted to refuse to grant a permit to Apex Energy to build a DEP-permitted well pad in the town (see Penn Twp Commissioners Block Apex Shale Well Request in 3-2 Vote). In June 2016, Penn began considering a far more restrictive ordinance than it currently has–to limit drilling in the township (see Penn Township Considering More Restrictions on Drilling). That didn’t sit well with Huntley & Huntley, a driller that owns leases for some 23% of the land in the township. In August, the debate continued at a public hearing, with pro- and anti-drillers out in force to discuss the potential Marcellus-killing ordinance that had been drafted (see Penn Twp Hearing Discusses Marcellus-Killing Ordinance). So at last check, things were not looking too favorable in Penn Township. Then yesterday, Penn Township commissioners voted to approve leasing 29 acres of town land to Huntley & Huntley. Somewhere along the way there’s been a 180 degree turnaround by Penn on the issue of drilling. How much is H&H paying the town in bonus and royalties? We have the details…
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    PA Bill Would Restore Dormant Mineral Rights to Surface Owners

    The issue of returning mineral rights to surface owners has long been an issue we’ve tracked on MDN–for Ohio. In Ohio, the issue revolves around legislation called the Dormant Minerals Act (DMA). In September 2016, the OH Supreme Court ruled in three DMA cases, saying all of the other cases come under those three (see Important: OH Supreme Court Finally Rules on Dormant Mineral Act). The DMA in its various versions provides for mineral rights that had previously been separated from surface rights to transfer back to the surface owner under certain conditions. That same kind of legislation may be coming to Pennsylvania, under a bill about to be introduced by PA Rep. Garth Everett. Does that name sound familiar? It should. Earlier this year Everett introduced “minimum royalty” legislation that would guarantee PA landowners would get minimum royalty payments of 12.5%–regardless of any kind of post-production expenses (see PA Rep. Garth Everett Reintroduces Minimum Royalty Bill, 3rd Time). Everett, a champion for landowners, is now back with a bill that would transfer back mineral rights to the surface owner following 20 years of dormancy…
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    PA Launch 1st of 29 CNG Stations for Public Transit Buses

    Yesterday Pennsylvania officials converged on Cambria County to unveil what is the first of 29 total CNG (compressed natural gas) fueling facilities that are being built in a public/private partnership for PA’s public bus transit fleet. Beginning this year and stretching through 2021, Trillium CNG will build and operate a total of 29 CNG fueling stations around the state. PA is paying Trillium, which is a subsidiary of Loves Travel Stops (see Love’s Travel Stops Buys Trillium CNG, Expands CNG Network), $84.5 million to build the stations. In addition to fueling public vehicles, some of the locations will be open to the public. Once the project is completed in 2021, those 29 CNG fueling stations will provide natgas for more than 1,600 CNG buses at transit agencies across the state–an important new market for homegrown, PA Marcellus Shale gas…
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    PA Lib Dem Introducing Bill to “Fix” Strippers Once and for All

    Pam Snyder

    The kerfuffle over strippers in PA continues–stripper wells, that is. In brief, in 2012 Pennsylvania passed the Act 13 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. The PUC, under liberal Democrat chairwoman Gladys Brown, is painting nightmare scenarios where impact fee revenue will be in jeopardy (see PA PUC Wants Act 13 Language Changed to Avoid Stripper Abuse). Brown wants the PA legislature to pass a new law amending the Act 13 law to “clear up” the language to say if a well produces more than 90 Mcf/day in ANY month, it qualifies to pay the impact fee. Brown has found a willing accomplice in PA State Rep. Pam Snyder, liberal Democrat representing Greene, Fayette, and Washington Counties. Snyder issued a press release to say she’s about to introduce a bill that Brown wants…
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    Elizabeth Twp Hearing re Alternate Location for Gas Power Plant

    In January 2016, Invenergy announced their intention to build a natgas-powered electric plant in Elizabeth Township, in Allegheny County (see Invenergy Eyes SWPA for Second Marcellus-Powered Electric Plant). The proposed Elizabeth plant, modestly sized at 550 megawatts, would be built on a brownfield site near Pittsburgh. Even though the site is a former landfill where fly ash was dumped, making it unusable for just about any other purpose, a group of local residents would prefer to keep the site a contaminated dump rather than convert it to a beneficial use like generating electricity (see Invenergy Gets Pushback on Proposed Natgas Power Plant in SWPA). The local antis enlisted the support of Elizabeth Township’s zoning board, which rejected the plan in June 2016 (see Elizabeth Twp Rejects Clean Invenergy Power Plant at Dump Site). So Invenergy sued the town in October (see Invenergy Sues Elizabeth Twp to Allow NatGas-Fired Electric Plant). Rather than drag out the lawsuit, causing Elizabeth taxpayers big money to defend a defenseless decision, Invenergy offered an olive branch–locating the plant at a new, more rural location about 10 miles away (see Invenergy Proposes Deal to Elizabeth Twp to Move Gas Power Plant). Last night the Elizabeth Planning Commission held a 2-hour hearing to take comments from supporters, and the ninny nannies who still oppose it because it burns an evil, nasty, vile fossil fuel…
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    Penn State Researchers Claim Too Many Pipelines Threaten Forests

    Researchers from the Department of Ecosystem Science and Management at Penn State have just published a new study/paper in the Journal of Environmental Management titled, “Linear infrastructure drives habitat conversion and forest fragmentation associated with Marcellus shale gas development in a forested landscape” (abstract below). Their thesis: “Fragmentation of ecologically important core forests within the northern Appalachians — driven by pipeline and access road construction — is the major threat posed by shale-gas development, according to researchers, who recommend a change in infrastructure-siting policies to head off loss of this critical habitat.” This isn’t the first time we’ve heard about the hazards of so-called forest fragmentation. Back in 2013 the U.S. Geological Survey published a meme on it too (see USGS Study: Marcellus Drilling Fragmenting Forests in PA). The Penn State researchers maintain clearing pathways for pipelines, and keeping them cleared of trees, is damaging the habitat of some species. The study mentions a lot of other studies, but nowhere (that we could find) does it identify a single, specific species that has supposedly been harmed by such “fragmentation” in forests. The aim, the upshot of this research, seems to be an appeal to regulators to clamp down on the siting of pipelines on PRIVATE (not public) land. It aims to be something the DEP can clutch in its hand and say, “Sorry, we can’t authorize that pipeline ’cause it will cause a break in the forest canopy and certain canopy-dwelling species will be affected.” Right. Excuse us Ms. & Mr. researchers: What about the species that BENEFIT from fragmentation? We didn’t read anything about that in the study. The telltale sign that this is bought-and-paid for propaganda and not real research comes at the end, when you find out it was funded, in part, by the virulently anti-drilling Heinz Foundation…
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    PennFuture Radicals Want to Deny Rural Folks Access to NatGas

    Yesterday MDN reported that NARUC (National Association of Regulatory Utility Commissioners), under the watch care of Pennsylvania Public Utility Commission (PUC) member Rob Powelson, currently the president of NARUC, has launched an effort that tries to help rural (and poor) folks without access to cheap, clean-burning natural gas, get access (see NARUC Creates Group to Spread NatGas Use Far and Wide). This is an honest effort to help an overlooked portion of our population enjoy benefits enjoyed by those who live in urban areas. But the radicals at PennFuture want to block such access–because natural gas is a filthy, vile fossil fuel. Better to keep those idiot hicks in the sticks poor and paying high prices for fuel oil and propane, rather than let them get access to cheap natural gas. That’s the conceited attitude displayed by PennFuture…
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    Japanese Now Own 2/3 of Marcellus-Powered Electric Plant in SEPA

    Two weeks ago MDN brought you the news that Japanese company Sojitz Corporation had purchased a one-third (1/3) interest in the 488-megawatt Marcellus gas-fired electric plant being built in Birdsboro, near Philadelphia (see Japanese Co Buys 1/3 of Marcellus-Powered Electric Plant in SEPA). EmberClear plans to begin construction on the Birdsboro Power project in 2018, with an in-service date of June 2019. Word has just come that a second Japanese company, Tokyo Gas (a regional utility company in Japan) has purchased a one-third (1/3) interest in the Birdsboro project–meaning the Japanese will own 2/3 of the plant. However, investment firm Ares EIF will retain the final one-third ownership and provide “day-to-day management” of the facility. While the exact amount of the transaction was not disclosed, it’s said to be “tens of millions of dollars.” What’s up with Japan buying into our powergen projects? In the case of Tokyo Gas it’s crystal clear–they will participate in every aspect of building this project, so they can take their newfound knowledge back home and apply it there. Or depending on your point of view, you might say they want to steal our technology and trade secrets…
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    4 Marcellus Wells Approved in S Buffalo Twp – Concerns Discussed

    In 2012 Pennsylvania under then Gov. Tom Corbett passed the Act 13 law, a major revision to PA’s oil and gas laws. Part of Act 13 would have established a uniform set of zoning ordinances, replacing and superseding any such local ordinances. But then seven selfish towns got together and sued to the state to retain the right of imposing their own zoning ordinances for some oil and gas development. The lawsuit was a years-long process with the case ending up at the PA Supreme Court–where the seven selfish towns won the right to impose their own ordinances on o&g development–up to a point (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). Nowadays, PA towns have their own ordinances to deal with issues like truck traffic, noise, lights, setbacks and more. Fine. It is what it is and instead of a consistent set of rules, drillers are faced with a crazy quilt of differing rules across different townships. Snyder Brothers, which has already drilled several Marcellus Shale wells in South Buffalo Township (Armstrong County), wants to drill four more Marcellus wells in the town–next door to their previously drilled wells. So they applied for “conditional use” permits from the town to drill them. Town supervisors granted the permits, but not before conducting a public hearing where residents sounded off about the project. What is interesting about the hearing is that none of the residents opposed the new wells–but they did have some tough questions for Snyder Bros. about lights and noise and water wells. Good questions. Honest questions. Tough questions. And Snyder Bros. answered those questions and made promises/assurances to local residents. This is how a free, open and democratic society works. This is how adults behave. Give and take, back and forth, in a spirit of “let’s do it right the first time so we don’t have problems.” Hats off to the residents and supervisors of South Buffalo Twp, and to Snyder Brothers, for showing the rest of PA (looking at you Peters Twp) how it’s done…
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    The Key to Unlocking PA’s NatGas Reserves: Pipelines

    Once the slew of approved and under-construction pipeline projects in the Marcellus/Utica region are done, the M-U region will likely go from providing 20-25% of the nation’s total natural gas production to providing one-third of the country’s total natgas production. This astonishing story of production and pipelines in the northeast is really, at its core, a story about Pennsylvania. According to a recent Reuters article, at least five pipelines capable of transporting a combined 7 billion cubic feet per day (Bcf/d) of natgas from the PA Marcellus/Utica are scheduled to open in 2017, with five more transporting another 5 Bcf/d due for completion in 2018. Pipelines are the key to unlocking Pennsylvania’s vast natgas reserves…
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    PA Teen Sues Trump Over Mythical Man-Made Global Warming

    Eighteen-year-old Sophie Kivlehan has been brainwashed by her parents and grandparents, big believers in the myth of man-made global warming, since she was a tot. Her grandpa, Jim Hansen (astro-physicist at Columbia University) is a smart guy–“perhaps one of the worlds’ most well-known climate scientists.” Grandpa Jim did a good job of making sure young Sophie learned her lessons well–about the evilness of fossil fuels and how Mom Earth is ready to toast–any minute now, thanks to burning fossil fuels. Of course such beliefs must, of necessity, disregard hard scientific facts/data that show temps around Mom Earth aren’t going up and haven’t been for the past 20 years. It’s all about what “might” happen and what’s coming “just around the corner.” All based on cockamamie computer models. The same models can’t predict temperatures and the weather accurately for next week–but boy can they predict that the earth is about to fry. Any year now. But back to you Sophie. She’s decided four months in office for President Trump is long enough. He’s not doing his job to combat mythical global warming, so she’s suing him–hoping the courts will make him do it. Ah, Sophie darlin’, when was the last time anyone made Donald Trump do anything? Of course, Sophie’s lawsuit (really backed by Big Green) is nothing more than a sick publicity stunt…
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    NARUC Creates Group to Spread NatGas Use Far and Wide

    The National Association of Regulatory Utility Commissioners has just established a new Presidential Natural Gas Access and Expansion Task Force. Its purpose? To figure out how to get cheap, abundant, clean-burning natural gas to people that don’t have it now–those in poor and rural communities. According to NARUC, many rural communities (which comprise residential, industrial and commercial customers) lack access to low-cost natural gas because of infrastructure issues. They don’t have local distribution pipelines. Those communities rely on bottled propane, heating oil and other more expensive fuels. Why not give them cheap natural gas? That’s the aim–figure out how to get it done. The cool thing is that NARUC is headed up by Pennsylvania Public Utilities Commission member Rob Powelson–the same guy under consideration to become a new FERC Commissioner. Go Rob! Figure out how to spread cheap Marcellus/Utica natgas to as many people as possible…
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    Nuke the Nukes: Harrisburg Battle to Prop Up Failing Nuke Energy

    As MDN reported last week, the battle lines have been drawn and both sides have come out swinging in a battle over whether ratepayers should bail out economically failing nuclear power plants (see Battle Lines Drawn in PA to Prevent Nuke Energy Special Treatment). Five nuclear power plants in PA provide 37.5% of all electricity used in the state. There are no “greenhouse gas” emissions from nuclear power, making it attractive for some green radicals–but nuclear waste is a big problem because it never goes away, at least not for thousands of years. You have to store it. The biggest problem with nuclear energy today is that it costs more to produce electricity from nukes than it does from cheap natural gas-fired plants. Nukes can no longer compete. So in a couple of corrupt states–New York and Illinois–the nuke lobby convinced regulatory bodies and the legislatures to pass laws favoring nukes–forcing ratepayers to pay more to keep the nukes going. That battle has now come to Pennsylvania. One of the lobbyists hired by the nuke industry is John Hanger–former Secretary of the PA Dept. of Environmental Protection (DEP) under Ed “fast Eddie” Rendell. Hanger briefly ran in the Democrat primary for governor (losing out to Tom Wolf). Hanger ran on a platform of legalizing marijuana–hence our moniker of “pass a joint for John” (see Pass One Last Joint for John Hanger). After he dropped out, Hanger went to work in the Wolf Administration for a period of time, as Wolf’s Secretary of Policy and Planning. But after a year of that Hanger quit and moved out of PA–to be with his wife and daughter in Massachusetts (see John “Severance Tax” Hanger Quits Tom Wolf Administration – Why?). Hanger is back–“advising” (i.e. lobbying) for the nuclear industry in Harrisburg…
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    New Lawsuit in Dimock for Old Claim by Known Anti – Ray Kemble

    “You never let a serious crisis go to waste.” That sentiment was famously mouthed by Rahm Emaneul, first chief of staff during Barack Hussein Obama’s reign of terror, later (and still) the highly unpopular mayor of Chicago. That philosophy also applies to other leftists, like anti-driller Ray Kemble, who lives in Dimock Township, PA. Kemble has been trying to shake down Cabot Oil & Gas for big bucks for years. Kemble, whose property has multiple junk cars on it, claims after Cabot began drilling (in 2008) his water well began producing black water. He blamed Cabot–even though junkyards are notorious for leaking nasty chemicals. Years ago Kemble, who has been seen at just about every anti-fracking rally from here to Timbuktu carrying a little brown jug of supposedly tainted well water, settled with Cabot. But a couple of Kemble’s neighbors did not settle. They sued and, in a sham trial, won a jury award of $4.2 million (see Dimock Jury Levies $4.25M Judgement Against Cabot in Dimock Case). However, earlier this month a federal court threw out the verdict and the $4.2 million judgement (see Fed Court Overturns $4.2M Dimock Judgement Against Cabot O&G). The judge said the Dimock lawsuit would have be re-tried. News of a potential new lawsuit and the OJ-like jury’s initial award of $4.2 million must have got old Ray a thinkin’…What if? So he’s just launched his own lawsuit against Cabot, which appears to be litigation over something he previously settled with Cabot…
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    PA PUC Wants Act 13 Language Changed to Avoid Stripper Abuse

    It seems the controversy in Pennsylvania over the Snyder Brothers’ strippers isn’t going to end any time soon. No, not those kinds of strippers, silly! We’re talking about stripper wells, which are defined in PA as wells that produce less than 90 thousand cubic feet (Mcf) for a one month period. Stripper wells are vertical wells that don’t produce nearly as much gas as horizontal shale wells. In 2012 PA passed the Act 13 law that includes a fee on wells targeting shale layers, including the Marcellus. And here’s where it gets a little complicated. Snyder Brothers drills mostly conventional (vertical only) wells. In 2011-2012 they drilled 45 vertical-only wells, but targeting the Marcellus (all of them fracked). Initially those wells produced more than 90 Mcf/month, but by December of the year they were drilled, they produced less than 90 Mcf. The way the 2012 Act 13 law is written, if a well produces less than 90 Mcf/month for “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. The argument back and forth is whether the intent was “any single month” or not as the trigger to exempt a well from paying the fee. Snyder Brothers went to court and in March, they won, exempting those wells from impact fees (see PA Court Says Snyder Bros Wells are Strippers, No Impact Fees Due). Now the PUC is (a) mad, and (b) worried that other drillers may use the court ruling to argue they don’t owe impact fees. So the PUC is doing two things: (1) The PUC appealed the lost case. (2) The PUC is asking Gov. Wolf, and the legislature, to “fix” the language in the original 2012 Act 13 law, to slant it in their favor…
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    2 PA Townships Won’t Enforce “Home Rule” Against Injection Wells

    We’ve previously reported on the story of two Pennsylvania towns that were either hoodwinked, or perhaps willing led astray, by the radical Community Environmental Legal Defense Fund (CELDF) into passing (now overturned) bans on fracking and injection wells in their towns–Highland Twp (Elk County) and Grant Twp (Indiana County). The two townships thought they would do an end-run around the state’s authority to issue permits for two injection wells–one in each township, by re-incorporating under so-called home rule charters. The towns essentially declared themselves independent of the state for a variety of matters, including oil and gas permits–which the PA state constitution clearly says is a function of ONLY the state Dept. of Environmental Protection. In March, the DEP issued final permits to each town, and at the same time sued each town to get those portions of their home rule charters, dealing with oil and gas, overturned (see PA DEP Issues 2 Wastewater Injection Well Permits, Sues 2 Towns). The new news is that the towns will “stand down” and, during their lawsuits, not oppose the DEP’s permits. The towns have “temporarily” acquiesced and will allow the companies building the wells to proceed…
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