Pennsylvania

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    OH & PA NatGas Production Increased More Than Other States in ’16

    Would it surprise you to learn that Pennsylvania and Ohio had the largest increase in natural gas production in 2016–larger than any other natgas-producing states? If you read MDN regularly, perhaps not. Old news. However, it may surprise you to learn that from 2012 to 2016, 85% of the growth in our country’s enormous natural gas output came from the Marcellus/Utica. Yeah, 85%. That’s huge. More old news: Pennsylvania passed Louisiana back in 2013 to become the second highest-producing natgas state in the country. More new news: Last year, in 2016, Ohio passed West Virginia to become the seventh highest producing natgas state in the country. Here’s some more facts about PA & OH from our favorite government agency, the U.S. Energy Information Administration…
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    New PA Bill an Overreaction to Court Ruling on Strippers

    As previously reported, liberal Pennsylvania House of Representatives Democrat Pam Synder has now introduced a bill (HB 1283, copy below) to “clear up” what the state Public Utility Commission (PUC) is a loophole in the Act 13 law that may allow some drillers to avoid paying impact fees (i.e. drilling taxes) on some Marcellus Shale wells (see PA Lib Dem Introducing Bill to “Fix” Strippers Once and for All). 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, 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, 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 and the PA Democrat Party is using the court case to try and accomplish two things they haven’t been able to accomplish heretofore: (1) claim this is a prime example of why a nosebleed high severance tax is needed, in this year’s budget, and (2) fundamentally change the intent of the Act 13 law by passing a “clarification” as introduced by Snyder’s HB 1283 bill. Below we explore this issue in depth and tell you why the Snyder case win is NOT a way for drillers to avoid paying impact fees. In fact, the court’s decision makes it clear that drillers cannot simply reduce production for one month and then claim it’s a stripper well under the 90 Mcf/day definition. Snyder’s bill is an overreaction and does not clear up anything. Instead, it changes everything…
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    Seneca Resources Fined $375K by PA DEP for “Multiple Violations”

    The Pennsylvania Dept. of Environmental Protection has just fined driller Seneca Resources $325,000 for a series of violations that occurred between 2013 and 2015. It seems in moving dirt around when building drill pads, Seneca caused erosion to occur. They also spilled ~100 barrels of crude oil in one location, and ~500 barrels of wastewater at another location. The violations happened in Forest, McKean, and Elk Counties. Here’s the notice issued by the PA DEP…
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    Anti-Govt Radicals Begin 24/7 Tree Sit in PA to Block ME2 Pipe

    Click for larger version

    A group of radical (we’d call them criminal) environmentalists–some of the same ones who broke the law in North Dakota while “protesting” the Dakota Access Pipeline (DAPL)–are now trying to replicate the DAPL “protest” (i.e. illegal action) against Sunoco Logistics’ Mariner East 2 pipeline in Pennsylvania. The radical group Earth First! recently issued a “call to action”–their version of ringing the dinner bell for hungry dogs to come running from all other the country (even from other countries). The “call to action” invites hippies and hippie wannabes (those who can put down their bongs for five minutes) to come to Huntingdon County, PA–to Camp White Pine–to stretch wires and ropes from tree to tree and sit, suspended, to prevent crews from clearing trees in the path of the pipeline. According to Mob Rule Now! (aka Democracy Now!), the nutters have now “launched ongoing 24-hour tree-sits” to stop Mariner East 2…
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    PR Campaign Gets Atlantic Sunrise Pipe to Change Course in PA

    Nesbitt Memorial Hospital – click for larger version

    If you’re a landowner and want to dissuade a pipeline, like, say, the Atlantic Sunrise Pipeline, from crossing your property–what can you do? It helps if your property belongs to one of the local dynasties (i.e. BIG money) and if you can hire high-priced lawyers and issue a blizzard of press releases via Business Wire at $500 a pop. Apparently that’s what it takes to convince a pipeline company to change its course. At least, that’s the lesson we take away from Geraldine Nesbitt, landowner of The Nesbitt Parcel in Dallas Township (Luzerne County, near Wilkes-Barre), PA. Nesbitt has been 100% against the Atlantic Sunrise project since learning its proposed route would cross her big-monied estate. Nesbitt’s heir, Abram Nesbitt, once built a hospital in Kingston, PA that reminds of Downton Abbey (see the picture). 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. In February the Federal Energy Regulatory Commission (FERC) gave its final seal of approval for the project (see Atlantic Sunrise Pipeline Gets Final Approval by FERC). After FERC’s approval, Ms. Nesbitt’s lawyers began an aggressive publicity campaign to try and convince FERC to stop the project. Last week Williams (builder of Atlantic Sunrise) filed a request with FERC to adopt an alternative route around the Nesbitt estate–and all of a sudden Ms. Nesbitt “has never been opposed to natural gas pipelines.” What disgusting hypocrisy. If Joe Farmer wants the pipeline rerouted around his prized hay field–good luck with that. But if an old-line establishment family with BIG MONEY like the Nesbitts wants a reroute, they get it. We don’t like it…
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    New 3.5 Mile Pipeline Project to Drill Under the Potomac River

    Click for larger version

    Columbia Pipeline, now owned by TransCanada, recently (in March) filed an application with the Federal Energy Regulatory Commission (FERC) to build a 3.5 mile, 8-inch pipeline that will carry natural gas from Pennsylvania to connect the Mountaineer Gas system in West Virginia with the Columbia Gas Pipeline in Pennsylvania. The purpose of the Eastern Panhandle Expansion project is to deliver natural gas via local distribution channels to a new industrial facility in Berkeley County, WV (scheduled to open in Fall 2017), and to provide gas to other local businesses and residents in the Tri-State area. Most of the pipeline crosses through a tiny sliver of Washington County, Maryland. The main issue with the project is that the pipeline will be drilled underneath the Potomac River, which serves as the border between WV and MD. That has antis in an uproar. The good news is that FERC has agreed to prepare an environmental assessment (EA) for the project. That is, this is now a real project with a high degree of likelihood it will get built…
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    Lawyer to PA Drillers: No Royalties? Time to Terminate the Lease

    For the past couple of years MDN has covered the issue of low and no royalties for landowners in Pennsylvania and other states because of the low commodity price for natural gas–and because drillers are deducting post-production expenses. The problem, from the landowner’s perspective, is that gas is still getting pumped–and they aren’t getting anything in royalties. Who would sign up for that?! The problem, from the driller’s perspective, is that they’ve spent big bucks to drill the well and even if they have to sell the gas at a loss, at least they’re getting some revenue through the door–hoping to hang on until prices go higher again. It is a conundrum. Last month the Pennsylvania Chapter of the National Association of Royalty Owners (NARO) held their annual meeting and convention in State College, PA. A number of interesting bits of information came out of that meeting. One interesting tidbit: A Houston lawyer told attendees that he is now using the strategy of telling drillers if they keep sending royalty statements with no checks (i.e. statements showing the driller is not making a profit)–they have 30 days to terminate their lease with those landowners. Some leases (not all) state that if a well quits producing profitable quantities of gas, the lease is officially ended. While in some respects the lawyer’s innovative interpretation of o&g contracts may be an empty threat, the strategy does appear to be getting results. Another tidbit: There is a concern that drillers may try to deduct losses today from profits in the future–from a landowner’s royalty check. What can landowners do to guard against it?…
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    PA Enviro Justice Listening Tour Continues to Draw Almost No One

    Last December the Pennsylvania Dept. of Environmental Protection (DEP) said it would go on a “listening tour” in early 2017, to focus on so-called environmental justice (see PA DEP to Conduct ‘Listening Tour’ for ‘Environmental Justice’). The DEP finally set up a schedule for its listening tour, which began in March in Greene County (see PA DEP Conducting “Listening Tour” for “Environmental Justice”). Our take: “environmental justice” means asking poor people if they’ve been abused by the oil and gas industry in any way–and if they have a beef, the DEP will “do” something about it. The first session in the tour was interesting for several reasons. For one, just a handful of people turned out–a maximum of 30 in the crowd. For another, the po’ folk didn’t bother coming. It seems only radical activists bothered to turn up, claiming to represent the abused, repeating the same tired, old lies they always repeat. Another stop along the tour was held last week in Williamsport, PA. The pattern repeats. If anything, there were fewer people in the crowd–about 20 according to the local newspaper. Next to nobody turns up for these things. Why is the DEP wasting its time, and PA taxpayers’ money?…
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    Dela. Riverkeeper Protects Wm. Penn Foundation’s Tax Exemption

    MDN friend Tom Shepstone has long pointed out the incestuous connection between THE Delaware Riverkeeper and the William Penn Foundation. William Penn is a nonprofit that, according to its nonprofit charter, cannot use its considerable wealth to engage in political activities. So like an organized crime ring, William Penn uses Riverkeeper as the front organization to do its dirty work–investing millions in the Riverkeeper to carry out its (William Penn’s) radical environmental agenda. All at an arm’s length–to protect William Penn’s tax exempt status (hello IRS and PA Attorney General’s office, are you reading this?). It is a thinly-veiled shell game of money changing hands. The William Penn/Riverkeeper shell game is exposed in a recent article in the Washington Examiner…
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    Mariner East 1 Sprang a Small NGL Leak Near Philly, on Apr 1

    Mariner East Pipeline Project map – click for larger version

    The Mariner East 1 pipeline sprung a small leak and spilled 20 barrels (~840 gallons) of ethane and propane in Berks County, near Philadelphia, on April 1. Sunoco Logistics Partners, builder and maintainer of the pipeline, shut it down and fixed it over the next several days. The entire episode, which happened 20 days ago, is only now coming to light. Sunoco is being criticized by antis for not taking out a major advertising campaign to announce the leak. Sunoco says they alerted the National Response Center (NRC), the proper federal authority (a program of the U.S. Coast Guard). Apparently it is the job of the NRC to alert the public. Although this was a small leak which was quickly contained and with no long-term effects, Sunoco seems to have missed an important life lesson: He who gets there with the bad news first, wins. Sunoco LP should have (in our opinion) been more proactive in publicly announcing the leak and the steps taken to contain and fix it–and to reassure folks that measures will be taken to prevent any such leaks in the future. There would have been a day or two of hit pieces by “mainstream” media, and then the story would have disappeared. Now, the story will linger and be used against the company should any more minor spills happen…
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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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