Pennsylvania

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    PA Supreme Court Hands Antis Partial Victory re State Land Drilling

    In a sharply divided 3-2 decision (full copy below), the Pennsylvania Supreme Court of Appeals has sided with a virulent anti-drilling group, the Pennsylvania Environmental Defense Foundation, against the state in saying that any revenue generated from leasing and drilling on state-owned land MUST be used solely for conservation and the environment. The state cannot treat, as former Gov. Ed “fast Eddie” Rendell did, revenue from oil and gas drilling on state land as money that can be used for any old cockamamie political reason. That is, the money cannot go into the black hole of the “general fund” in Harrisburg. The three justices who rendered the decision say the law is clear on intent–that money must be used for environmental purposes. Fine. Except the foundation on which they decided the case is PA’s so-called environmental rights amendment. Even though this case is about how money from drilling will get used (a fairly narrow ruling), already antis at PA Big Green groups like THE Delaware Riverkeeper claim they will use this decision and the environmental rights amendment to try and block drilling on state lands because it “violates” the state constitution. That’s where they ultimately want to take this. Block it on state lands first, then go for private land next…
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    Past PA Biz Roundtable Pres. Wants Severance Tax to Build More Pipes

    As the Pennsylvania budget deadline looms (June 30th), the Democrats and RINO Republicans are out in full force pushing, like a broken record, the dead issue of a severance tax. For the next nine days (or more, if the budget doesn’t pass on time, which is likely), we will have to hear about the Grand Canyon budget gap that exists, and how only soaking drillers (and landowners) to use THEIR money, will fix it. Johnny one tune. Every argument we’ve read always says money from a severance tax is needed to help fund the general budget. So when we spotted an opinion column that argued for the severance tax so the state can use the money to build more pipelines to areas without pipelines, so more residents can use natural gas, we thought that was kind of unique and funny. No, building more pipelines is not a good reason to impose a severance tax. It’s nothing more than yet another way to try and get one passed, and once in place, change the things it funds. In other words, it’s a lie. This particular view was offered by the former president of the Pennsylvania Business Roundtable. He’s also someone who’s “spent four decades in and around state government.” In other words, a swamp dweller. And establishment insider–the establishment in this case located in Harrisburg. So we’re not surprised that he wants a Marcellus-killing tax. It’s just dressed up in pretty platitudes…
    Read More “Past PA Biz Roundtable Pres. Wants Severance Tax to Build More Pipes”

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    Babst Calland Report: Resurgence of M-U Industry & Challenges Ahead

    The legal beagles of top energy law firm Babst Calland recently released their seventh annual energy industry report called, “The 2017 Babst Calland Report – Upstream, Midstream and Downstream: Resurgence of the Appalachian Shale Industry; Legal and Regulatory Perspective for Producers and Midstream Operators.” This latest annual review chronicles the comeback of the Marcellus/Utica and what challenges lie ahead. In an MDN exclusive, we have the first seven pages of the 74-page report (see below), along with details on how you can request a full copy. Worth the read! Here’s an overview…
    Read More “Babst Calland Report: Resurgence of M-U Industry & Challenges Ahead”

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    Wayne County Landowner Files Brief in Case Against DRBC Frack Ban

    Whatever happened to the lawsuit filed by a Wayne County, PA landowner against the egregious overreach by the Delaware River Basin Commission (DRBC) in its ongoing stall/delay/block of any shale drilling within the Basin? In March, MDN reported that U.S. District Judge Robert Mariani ruled against the Wayne landowner in a lawsuit that challenged the right of the DRBC to stop fracking in the Delaware River Basin (see Judge Tosses Wayne County, PA Landowner Lawsuit Against DRBC). At first blush, it may seem like a setback for landowners in Wayne and Pike Counties who have been denied the right to lease and allow drilling under their land for the past 10 years. But looks can be deceiving. As we pointed out in our article, if you read the judge’s decision, he harpoons all of the DRBC’s legal arguments, but in the end rules against the landowner. Why? Because the judge wanted to send the case to a higher court for an ultimate decision–the 3rd Circuit Court of Appeals. In fact, Judge Mariani set up the appeal of the case perfectly, we’d say intentionally, and that has the DRBC and their cohorts at THE Delaware Riverkeeper really nervous (see Wayne Co. Landowner Welcomes Decision in Dismissed DRBC Lawsuit). We have an update. The Wayne landowners filed their court brief in an appeal of the case yesterday. The case turns on the concept of what constitutes a “project” for the DRBC. The DRBC claims that all gas well pads, drilling, etc.–anything that uses water within the Basin–is a “project” as defined under the original compact forming the DRBC, and therefore under their jurisdiction. The lawsuit (an excellent read, full copy below) states such a reading of the original compact, and based on 40 years of history since that time, says otherwise. Just because you push dirt around and use some water, does not mean that activity falls under the DRBC’s current overreach in defining a project. The lawsuit askes the 3rd Circuit to rule on what is, and what is not, a project for the DRBC…
    Read More “Wayne County Landowner Files Brief in Case Against DRBC Frack Ban”

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    New Infrastructure Group Makes Gives Shale Industry Helping Hand

    The TriState Infrastructure Council (TSIC) was founded in Pittsburgh in late 2016 to “serve a broad-based business community during the critical next few years by attracting and deploying investments in infrastructure projects in Ohio, Pennsylvania and West Virginia.” With infrastructure upgrades, the region will be able to realize economic growth resulting from petrochemical manufacturing and related industries in the Appalachian basin. One of the driving forces behind TSIC is a name you are likely familiar with: Kathryn Klaber. Katie Klaber founded and until a few years ago led the Marcellus Shale Coalition. She opted to focus on her consulting practice following the MSC and is now managing the TSIC. The TSIC organization was founded with a group of A-list companies located in the region. At this week’s Northeast U.S. Petrochemical Construction conference in Pittsburgh, Katie unveiled an exciting new project to map infrastructure in an 82-county region throughout the Ohio River Valley. The aim is to identify missing/key/critical infrastructure components and then work to set up public-private partnerships to get those components built. The TSIC is looking at “electric transmission and distribution, pipelines, natural gas and natural gas liquid storage capacity, reliable locks and dams, rail networks, roads and bridges, water and sewer, building sites, barge loading/unloading facilities, broadband, fiber optics, and air service, among others.” And yes, the Marcellus/Utica shale is the linchpin that holds it all together–makes it all possible–and the raison d’être for the TSIC. Here’s more on the new infrastructure database, the TSIC, and how they are giving the shale industry a big assist…
    Read More “New Infrastructure Group Makes Gives Shale Industry Helping Hand”

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    Range Resources Drills Longest Marcellus Well Ever – in Washington Co.

    Somerset Township, Washington, PA

    While it’s not as long as the longest Utica well in the world drilled by Eclipse Resources (19,500 feet long, see today’s lead story), Range Resources is tooting its own horn about drilling the longest Marcellus well–a huge 15,000 feet long horizontally. Range is the company that drilled the very first horizontal Marcellus Shale well, back in 2004. In those early days, the average length of the horizontal portion of the well (called the lateral) was around 2,500 feet long (half a mile). Today, the average lateral length is closing in on 3 miles! Recently Range was drilling a series of Marcellus wells in Somerset Township (Washington County), PA. When the lateral length hit 15,000, Range knew it was a new company record. As they began checking, they found it was also a Marcellus record–in Pennsylvania, West Virginia and Ohio. The Range wells in Somerset are the (so far) longest Marcellus Shale wells ever drilled…
    Read More “Range Resources Drills Longest Marcellus Well Ever – in Washington Co.”

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    NEPA Moxie Freedom Power Plant on Track for May 2018 Launch

    Artist’s rendering for Moxie Freedom project – click for larger version

    In June 2014 MDN broke the news that Moxie Energy was in the hunt to begin a third new Marcellus gas-powered electric plant project in Pennsylvania, near Wilkes-Barre (see Moxie Energy in Hunt for Third Marcellus-Powered Electric Plant?). Indeed, our suspicions were borne out. In November 2015, Moxie selected Gemma Power to build the plant, and construction began a month later (see Moxie Marcellus-Powered Electric Plant Breaks Ground in NEPA). The 850-megawatt plant will use local Marcellus Shale gas to power it. Last September, Moxie contracted with EthosEnergy to run and maintain the plant (see Moxie Chooses EthosEnergy to Run NEPA NatGas Electric Plant). And since then, we haven’t heard anything. What’s the status of the plant? We spotted an update in a Wilkes-Barre newspaper from Caithness Energy (project builder) that says the project is on track to be “fully commercial next May, generating over 1,000 megawatts of electricity.” That’s interesting. Somewhere along the way the plant increased in size from 850 to 1,000+ megawatts. The update also states 23 of the 24 permanent positions are already hired and currently in training. Here’s the update…
    Read More “NEPA Moxie Freedom Power Plant on Track for May 2018 Launch”

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    Sunoco Seeks Injunction Against Radicalized ME2 Pipe Protesters

    You may recall our story about the daughter of a Huntingdon County, PA landowner, radicalized by Big Green groups (as evidenced by her association with well known protesters previously arrested), who took to a tree on her mom’s property in order to illegally stop crews working on tree clearing for the Mariner East 2 pipeline (see PA Anti Literally Goes Up a Tree to Stop Mariner East 2 Pipeline). It ultimately didn’t matter, because Sunoco came back and cut down the few trees they need to cut anyway (see Sunoco Tricks Radicalized Protester – Returns and Cuts More Trees). In December, the up-a-tree girl and her mom (Elise and Ellen Gerhart), with lawyers and backing by Big Green money, launched a final “hail Mary” pass by appealing a case to the PA Commonwealth Court, asking the court to stop the ME2 project by claiming it doesn’t have the right to use eminent domain (see Desperate Antis Try One Last Legal Maneuver to Stop Mariner East 2). Like so many other “hail Mary” desperation passes, this one never found the arms of a receiver. In May, the court turned down the appeal (see Huntingdon Family Lawsuit Against ME2 Pipeline Fails, Game Over). With nothing left to do but break the law in an attempt to block the pipeline from their property, that’s just what the Gerharts have pledged to do. That is, invite in outside help (i.e. paid protesters) to block the path, so Sunoco Logistics Partners can’t build the pipeline across their property. Sunoco has asked a Huntingdon County judge to order the family and the outsiders to step aside, or be thrown in jail…
    Read More “Sunoco Seeks Injunction Against Radicalized ME2 Pipe Protesters”

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    Showdown: Comparing PA Impact Fee to WV Severance Tax

    Yesterday the Pennsylvania Public Utility Commission (PUC), the agency charged with keeping tabs on impact fee revenue from shale drillers (PA’s version of a severance tax), released the final numbers for impact fee revenues and disbursements in 2016 (see PA PUC Impact Fee Report: Revenue Down Again in 2016). Revenues were from the impact fee were down for the third straight year. And since politicians in Harrisburg are in the midst of budget negotiations and attempting to close a perennial gap in the budget, we have no doubt the hew and cry will go out, yet again, to enact a severance tax on shale gas and oil–either in addition to or on top of the impact fee. We’ve written about PA Gov. Wolf’s (and his fellow Democrats’) manifestly dumb idea of implementing a severance tax (see our numerous stories on the topic here). The new argument that will be used in Harrisburg is this: If we only had a severance tax, we wouldn’t experience as much of a decrease in revenue as we have with an impact fee. This post aims to debunk that claim. In fact, an impact is far superior to a severance tax (the tax “everyone has but us here in PA”). Why so? Because, as the numbers below show, PA’s decrease in revenue from an impact fee has been far less than the drop in severance taxes in other states, like West Virginia…
    Read More “Showdown: Comparing PA Impact Fee to WV Severance Tax”

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    New Easement for Shell Ethane Cracker Pipeline Reveals Price Paid

    Bit by bit, piece by piece, Shell is getting landowners in Beaver County, PA to sign easements for its 94-mile Falcon Ethane Pipeline–a pipeline with two “legs” that will feed Shell’s mighty ethane cracker plant. MDN exclusively broke the news in February 2016 that Shell had begun to sign leases with landowners for the pipeline (see Exclusive: Shell Leasing Land for 2 Pipelines to PA Cracker Plant). As we later learned, it’s “one” pipeline with “two” legs or branches. There were more easements signed in January (see Shell Leases More PA Properties to Build Ethane Pipeline), and again in May (see Another 7 Easements Signed for Shell’s Falcon Ethane Pipeline). The latest news is that Shell has acquired another 3,183 feet. What’s different this time, however, is that we know how much Shell paid to lease those 3,138 feet. We’ve not seen any mentions of payments in the past (Shell preferring to keep it private). We won’t keep you in suspense, the price paid works out to be $75 per foot…
    Read More “New Easement for Shell Ethane Cracker Pipeline Reveals Price Paid”

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    PA PUC Impact Fee Report: Revenue Down Again in 2016

    Each June, the Pennsylvania Public Utility Commission (PUC), the agency charged with keeping tabs on impact fee revenue from shale drillers (PA’s version of a severance tax) releases the final numbers of impact fee revenues and disbursements. Today is the appointed day for 2016 impact fees. The PUC reports impact fees on natural gas producers in 2016 totaled $173,258,900–the lowest annual revenue generated from the fee to date (since the fee began in 2011). However, 2016 was the low point for drillers drilling new wells–the bottom of the valley in the oil and gas industry. Since mid-2016 we’ve been on an upswing in drilling new wells, which will no doubt be reflected in 2017 impact fee revenues. We have the PUC press release below, and screenshots for many of the pretty color pie charts showing topline numbers. What was the #1 county receiving impact fee revenue (meaning the #1 county drilled) in 2016? Washington County. The driller paying the most in impact fees in 2016? Range Resources. The municipality receiving the most revenue from impact fees? Interestingly, that would be Cummings Township–in Lycoming County. Here’s the 411 on impact fees (i.e. taxes) raised and spent in PA for 2016…
    Read More “PA PUC Impact Fee Report: Revenue Down Again in 2016”

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    PA Court Rules Fracking Not ‘Abnormally Dangerous’ Under PA Law

    An article in the left-leaning Harrisburg Patriot-News has this incendiary opening: “Is it ‘abnormally dangerous’ to drill and frack for oil under a massive oil refinery, particularly if that well is bored beneath a tank filled with 3.6 million gallons of gasoline? A decision issued by a divided Commonwealth Court panel on Monday will give a Pennsylvania community a chance to find out.” In a court decision filed on Monday, the Commonwealth Court of Pennsylvania will allow a driller to drill and frack a well that is close to (but not directly underneath) the above-ground 3.6 million gallon petroleum tank. At first blush, especially when reading an opening like the one in the Patriot-News story, the average reader would think such a plan is stark raving mad. But when you dig into the details, a far different story emerges. As usual, mainstream media misrepresents many of the facts. We’re here to sort it out for you…
    Read More “PA Court Rules Fracking Not ‘Abnormally Dangerous’ Under PA Law”

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    Westmoreland Zoning Challenge Heads to Court, Delays H&H Drilling

    Westmoreland County townships (Click for larger version)

    In May MDN told you that Huntley & Huntley was conducting seismic surveys in Lower Burrell, in Westmoreland County, PA (see Huntley & Huntley Targets New Drilling in Westmoreland County, PA). When a company begins to conduct seismic surveys, you know that applications for drilling permits are not far behind. Next door to Lower Burrell is Upper Burrell. H&H plans to drill there too. A landowner in Upper Burrell filed an appeal against Upper Burrell’s zoning ordinance that allows drilling in rural, agricultural districts. H&H plans to drill a well near where this woman lives, and she’s arguing such drilling will violate the state’s environmental rights clause and (more importantly), “devalue her property.” Of course nothing of the kind has happened in areas where there is drilling. Quite the opposite, in fact. Still, the lawsuit is stopping H&H from sinking any new holes in the ground. The case was supposed to go to township’s Zoning Hearing Board, but all of the (many) lawyers involved agreed to instead move it to county court, making the process faster and less expensive. The only problem with that is the judge may decide to hold off on a decision until two similar cases are heard and decided by the PA Supreme Court. No telling how long that will take…
    Read More “Westmoreland Zoning Challenge Heads to Court, Delays H&H Drilling”

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    Atlantic Sunrise Hearing in Bloomsburg Repeat of Previous Hearings

    As we reported yesterday, the first two (of four) public hearings were held on Monday by the Pennsylvania Dept. of Environmental Protection (DEP) to elicit comments on the proposed $3 billion, 198-mile Atlantic Sunrise Pipeline, an expansion of Williams’ Transco Pipeline system (see Atlantic Sunrise Supporters Far Outnumber Antis at PA DEP Hearings). Supporters of the pipeline far outnumbered opponents at both hearings, which has left antis spitting and sputtering: “How did we get outmaneuvered?” The third hearing was held last night, in Bloomsburg, PA (Columbia County). How did it go there? Pretty much a repeat of the meetings on Monday night: supporters far outnumbered opponents of the pipeline. Like the other meetings, a somewhat odd alliance between the local Chamber of Commerce and labor unions provided many of the supporters who attended–to talk about the jobs and enormous positive economic impact of the project…
    Read More “Atlantic Sunrise Hearing in Bloomsburg Repeat of Previous Hearings”

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    DUG East Coming to Pittsburgh June 20-22

    If you’re deeply involved, or even peripherally involved, with the Marcellus/Utica, there are two events each year that you should attend. One of those events is DUG East (hosted by Hart Energy), and the other is Shale Insight (hosted by the Marcellus Shale Coalition). DUG East will be held next week in Pittsburgh. Unfortunately MDN will not be able to attend this year (we did last year). But we have reviewed the agenda and we can highly recommend next week’s event. Next week you will find out what’s working, what’s not and what’s next for upstream producers and midstream operators in the Marcellus and Utica–the biggest natural gas-producing region in the United States…
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    Atlantic Sunrise Supporters Far Outnumber Antis at PA DEP Hearings

    Yesterday saw the first two (of four) public hearings being hosted this week by the Pennsylvania Dept. of Environmental Protection (DEP) to elicit comments on the proposed $3 billion, 198-mile Atlantic Sunrise Pipeline, an expansion of Williams’ Transco Pipeline system. One of yesterday’s meetings was held in Lancaster (Lancaster County), and the other in Tunkhannock (Wyoming County). The striking thing about both meetings is that they were not the usual circus freak shows by anti-fossil fuelers we’ve come to expect. Indeed, in both venues, an overwhelming majority of those speaking were there to speak IN FAVOR of the projects. Oh, there were detractors, to be sure. Nonsensical statements made by people like Malinda Clatterbuck, one of the locals in Lancaster who is attempting to turn Lancaster into another North Dakota fiasco. Clatterbuck said “angst over the pipeline has caused premature births, divorces and heart attacks” among people she knows. Complete rubbish. Anyone can say (or do) anything at these hearings. Mark Clatterbuck (Malinda’s husband) also spoke. Mark was a protester in North Dakota against the Dakota Access Pipeline. He warned (threatened?) DEP representatives of a coming “community uprising” against the Atlantic Sunrise pipeline. Even though there was some opposition like the clattering Clatterbucks at last night’s hearings, the big news is that their opposition was drowned out by supporters of the pipeline project. And that’s good news for all Pennsylvanians…
    Read More “Atlantic Sunrise Supporters Far Outnumber Antis at PA DEP Hearings”