Pennsylvania

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    10% of PA Farms Received Avg $154K in Lease/Royalties in 2014

    Some farms not only produce products like milk, meat, eggs and/or crops–some farms produce energy. Would it surprise you to learn that in 2014 (the most recent year with stats available), energy companies paid farmers a staggering $2.9 billion for the energy extracted from private farms? The U.S. Dept. of Agriculture posted a brief blurb from their Amber Waves magazine yesterday, recounting stats from a report released last November. The report, “Trends in U.S. Agriculture’s Consumption and Production of Energy: Renewable Power, Shale Energy, and Cellulosic Biomass” (full copy below) points out it’s not just oil and gas extraction that farmers receive income from. Some farmers lease their land for solar and wind generation. Some biomass. However, it was one particular chart and stat that caught our attention: About 9.6% of Pennsylvania farms received energy income in 2014. The average amount received, per farm? $157,000! Almost all of that revenue came from the Marcellus Shale…
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    PA Landowner Wins Case Against Chesapeake re Royalty Deductions

    Paul Sidorek, an accountant representing some 60 northeastern Pennsylvania landowners who receive royalty income from drilling, is also a landowner himself. In 2009 Sidorek leased 145 acres, a lease that was eventually sold to Chesapeake Energy. Because of the troubles encountered by others, Sidorek wrote into his lease a 20% royalty and made sure the lease explicitly stated that no expenses could be deducted from the sale of the gas produced on his property. That is, NO post-production expenses could be deducted. And yet, Chesapeake disregarded the lease and deducted as much as 30 percent from his royalties, attributing it to “gathering” and “third party” expenses, an amount that adds up to some $40,000 a year (see Chesapeake Short-Changes PA Landowner on Royalty Checks). Sidorek fought Chesapeake in court, and ended up in arbitration. The arbitrator has just ruled–in Sidorek’s favor. The good news is that a PA landowner has gotten some justice against Chesapeake’s sleazy practice. The bad news is that it’s not a precedent and can’t be used in other court cases…
    Read More “PA Landowner Wins Case Against Chesapeake re Royalty Deductions”

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    Josh Fox & Antis Plan to Disrupt DRBC Meeting This Wednesday

    There may, finally, be movement by the recalcitrant Delaware River Basin Commission (DRBC) to finally, after eight years, begin to move in the direction of guidelines to allow shale drilling in two northeastern PA counties: Wayne and Pike. Why is there movement now? Because last year landowners launched a lawsuit against the DRBC, a lawsuit the DRBC now senses they may lose (see Wayne County, PA Landowner Sues DRBC Over Fracking Ban). So one of the chief antis, charlatan Josh Fox (of Gasland infamy) has put out the call to rally the radical troops to show up at this week’s DRBC meeting, with plans to disrupt the meeting. Bullying with fear and intimidation is the weapon of choice for this group…
    Read More “Josh Fox & Antis Plan to Disrupt DRBC Meeting This Wednesday”

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    Williams Cuts Deal to Increase Ownership in NEPA Pipeline System

    In the midstream (i.e. pipeline) world, it seems like nobody owns 100% of anything. Big midstream companies like Williams and Kinder Morgan (and others) are composed of subsidiaries and (sometimes) MLPs–master limited partnerships. And beyond the companies within companies (like a Russian nesting doll), often pieces of pipeline systems are co-owned with other companies, even competitors! In 2014 Williams bought out Access Midstream, the renamed and former division of Chesapeake Energy called Chesapeake Midstream (see Big News: Williams Partners Buying Access Midstream for $6B). When Williams bought Access, one of the regional pipeline gathering systems it got as part of that deal is what Williams calls the Bradford Supply Hub (named after Bradford County, PA). Yesterday Williams announced a deal with a part-owner for portions of the Bradford Supply Hub, Western Gas, to buy out Western’s portion. Through an elaborate deal, Williams gets Western’s 33.75% ownership stake in what is called the Rome and Liberty natural gas gathering systems (part of the Bradford Supply Hub), along with a check for $155 million. In return, Williams is transferring to Western its 50% ownership stake in the Delaware Basin JV Gathering pipeline system, located along the New Mexico/Texas border…
    Read More “Williams Cuts Deal to Increase Ownership in NEPA Pipeline System”

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    PA Case Highlights Risk in Using Non-Lawyer to Negotiate Lease

    In August 2013 an extensive investigative article about a then-director for the Pennsylvania Game Commission, William A. Capouillez, appeared in the Philadelphia Inquirer (see PA Director of Game Commission Double-Dipping with Gas Leases?). The article spotlighted a potential conflict of interest between Capouillez’s day job and his moonlighting side job as an agent for property owners who lease their land for oil and gas development. The issue? He was signing private deals with the same companies that often work with his state agency. The State Ethics Commission did a lengthy investigation and three years later, the Commission levied a $75,000 fine, which Capouillez agreed to pay (see Former PA Game Commissioner Fined $75K for Lease Moonlighting). Although he paid the fine, Capouillez remained defiant and said the fine is a tiny fraction of the original fine sought–an indication of his vindication. There is new litigation involving Capouillez. One of the leases he negotiated was on behalf of the Laurel Hill Game and Forestry Club with Range Resources. The way Capouillez constructed his leases was that he would get a cut, a percentage, of any lease signing bonus and ongoing royalty payments, in return for the leases he brokered. Range never drilled on Laurel Hill’s property, but they did start to push dirt around a few hours before the lease expired as a way of holding the acreage (some would call their action a less-than-honorable practice). Laurel Hill sued Range and the lawsuit was later settled by drafting up a new lease with new terms. The new lease/terms were not brokered by Capouillez and he was cut out of the deal–so Capouillez sued both Laurel Hill and Range. The moral of the story, according to lawyers writing about the case, is to never use non-lawyers to represent you in lease negotiations…
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    Drexel Study Claims Fugitive Methane Increasing in the Marcellus

    For those of us in a certain generation, you will recognize this: Fred, Daphne, Shaggy, Velma…and of course, Scooby-Doo! If you were raised watching cartoons on Saturday morning, and you watched Scooby-Doo, do you remember the name of the van they traveled around in? That’s right, the Mystery Machine! An image of the Mystery Machine is what floated through our brain as we read about the latest venture in researching air quality in Pennsylvania near drilling sites. Researchers from Drexel University (in Philadelphia) set out across Marcellus territory in “Drexel’s Mobile Laboratory, a Ford cargo van equipped with all the equipment necessary for measuring concentrations of chemicals and particles in the air at 1-10 second intervals while driving.” The Mystery Machine! And what, pray tell, did our intrepid Marcellus sleuths find be-bopping around the countryside? In the recently published study, “Analysis of local-scale background concentrations of methane and other gas-phase species in the Marcellus Shale” (full copy below), researchers say they found that even though the number of Marcellus wells being drilled has slowed quite a bit over the past few years, the amount of fugitive methane in the air has increased. And the increase can’t be explained by a general global increase in fugitive methane. The increase in fugitive methane in the Marcellus is due, our methane sleuths say, to the “increased production of natural gas from the region which has increased significantly over the 2012 to 2015 period.” The researchers conclude that “because everybody knows how evil and nasty fugitive methane is for global warming” (our words), this study is yet more evidence that Marcellus shale drilling (and pipelines, etc.) leak so much methane as to make any benefits we get from extracting and burning methane, over say coal, muted–even lost. Because we can’t put a cork in it, by extracting and using methane we’re making poor old Mom Earth even sicker. Which is, of course, total bunkum…
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    County Reaction to PA Gov. Wolf’s 6.5% Severance Tax: “Insane”

    Yesterday MDN brought you the disappointing news that Pennsylvania Gov. Tom Wolf, America’s most liberal governor, has once again introduced a 6.5% severance tax plan as part of his 2017 budget (see PA Gov Wolf’s New Budget Calls for 6.5% Severance Tax (Again)). As part of that story we brought you some initial reaction to the proposal. We have some more reaction. Needless to say, PA counties are not impressed with the plan. Although Wolf claims counties will still see their cut of the current impact tax, counties see through the ruse. A county commissioner from Bradford, Doug McLinko, has this blunt assessment of Wolf and his severance tax plan: “I think the governor is insane.” That about sums it up. Hey, we didn’t say it! Doug did. Here’s what else Doug had to say about Wolf’s budget plan, along with some Republican legislators from the Philadelphia area…
    Read More “County Reaction to PA Gov. Wolf’s 6.5% Severance Tax: “Insane””

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    PA Gov Wolf’s New Budget Calls for 6.5% Severance Tax (Again)

    Yesterday Pennsylvania Gov. Tom Wolf released his 2017 budget proposal. Twice before, Wolf has attempted to levy a severance tax Marcellus drilling in the state–in addition to the existing impact tax. A severance tax would cause drilling in the state to stop, by giving PA one of the highest severance tax rates in the nation. (Yes, drillers do have other options and will go to other shale plays!) However, in this new budget, Wolf is once again attempting to impose a severance tax–this time 6.5% (same as last year)–as a payback to the teachers’ unions that helped elect him. Wolf’s plan this year is to transfer away nearly $300 million from drillers and landowners, via a high severance tax, and give it to “education.” As soon as Wolf was done with his divisive budget address yesterday, top Republicans declared the severance tax plan dead–about as dead as Wolf’s fledgling reelection effort…
    Read More “PA Gov Wolf’s New Budget Calls for 6.5% Severance Tax (Again)”

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    Anti-Pipeliners Meet with PA DEP Sec. McDonnell, Get No Satisfaction

    Acting Pennsylvania Dept. of Environmental Protection (DEP) Secretary Patrick McDonnell held a “hastily arranged” meeting on Monday with several antis who are opposed to Sunoco Logistics Partners’ Mariner East 2 pipeline project. You may recall these same antis predicted the DEP would grant the final permits needed for Mariner East 2 last Friday (see Mariner East 2 Permits May Come Today – Antis Foment Civil Unrest). But as they so often are, they were wrong yet again. The permits did not appear on the appointed day. However, the permits are expected soon, and no doubt McDonnell held the meeting to help prepare them for that eventuality. (Snowflake antis have delicate sensibilities, dontcha know.) The meeting went on for some 70 minutes. The antis tried to get the DEP to further delay the project with another useless public comment period. The DEP has already received over 29,000 public comments–what’s left to be said? At the end of the meeting, the antis got (our words, their sentiment)–“no satisfaction”…
    Read More “Anti-Pipeliners Meet with PA DEP Sec. McDonnell, Get No Satisfaction”

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    Antis Plan a Weekend Campout to Protest Atlantic Sunrise Pipeline

    Anti-fossil fuel protesters (some of them paid) will go on a camp-out in Amish country (Lancaster County, PA) beginning this Friday to protest the imminent start of construction for the Williams Atlantic Sunrise Pipeline project. The same group built themselves a magic tree house along the planned route of the pipeline (see PA Antis Build 2nd Magic Tree House to Stop Atlantic Sunrise Pipe). Then the bottom dropped out of their world. Last Friday the Federal Energy Regulatory Commission (FERC) issued a final authorization to begin construction (see Atlantic Sunrise Pipeline Gets Final Approval by FERC). Williams still needs permits from the PA Department of Environmental Protection (DEP) and the U.S. Army Corps of Engineers. However, permits from PA & the Army Corps is perfunctory. The only thing antis can do now is attempt to gin up hundreds (or thousands) of people to attempt an illegal blockade to prevent construction of the pipeline. You know, a “peaceful” act of civil disobedience, like that in North Dakota (see Dakota Access Pipeline Protesters Turn Violent; Coming Here Next?). So beginning Friday the antis will grab their sleeping bags and head to the magic tree house…
    Read More “Antis Plan a Weekend Campout to Protest Atlantic Sunrise Pipeline”

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    PA DEP Seeks Public Comment on Regs for Methane, Compressor Stns

    In December the Pennsylvania Dept. of Environmental Protection (DEP) unveiled new regulations to clamp down on methane emissions and other other air pollution that allegedly comes from shale drilling sites (see PA DEP Releases New Regs re Methane & Air Pollution at Drill Sites). The onerous new regulations, not in effect yet (to be published “soon”) were originally prompted by bullying from the federal Environmental Protection Agency. Even though EPA pressure is likely to disappear under President Trump, PA Gov. Wolf still intends to push forward with these regulations. According to the DEP, the proposed General Permit 5A (GP-5A) and the revised General Permit 5 (GP-5), “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.” After some final tweaks, the DEP has just released draft versions of the new permits (i.e. regulations), opening them up for public comment over the next 45 days. At the end of that time, we expect it will take a month or so and then the DEP will publish the revised permits and they will become (in essence) the law. Below we have the DEP’s announcement in releasing the draft permits, along with copies of the draft permits and associated documentation…
    Read More “PA DEP Seeks Public Comment on Regs for Methane, Compressor Stns”

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    Pittsburgh-based MAX Environmental Purchased by Investment Firm

    In 2014 MDN reported that MAX Environmental, operator of the Bulger hazardous waste landfill in Smith Township (Washington County), PA since 1958, planned to expand the landfill by 21 acres in order to handle an increase of drill cuttings and even liquid waste (which they will turn to solid waste) coming from Marcellus Shale drilling (see New Landfill Expansion in SWPA Aimed at Marcellus Drillers). That did happen and the landfill accepts Marcellus/Utica waste. The new news is that MAX has sold itself to Altus Capital Partners–a private equity investment firm–for an undisclosed amount. As soon as the deal closes, MAX will get a new CEO and MAX’s current CEO/owner, William Spencer, will ride off into the sunset…
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    Invenergy Proposes Deal to Elizabeth Twp to Move 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). Compared to Invenergy’s other PA plant now under construction in Jessup, PA (1,480 megawatts), the proposed Elizabeth plant is much smaller, at 550 megawatts. It 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). Such is the kooky world of antis. Unfortunately, the local antis enlisted the support of Elizabeth Township’s zoning board, which rejected the plan in June (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 has offered an olive branch. Invenergy is proposing to locate the plant at a new, more rural location about 10 miles away. If Elizabeth Twp agrees to the plan, Invenergy will drop the lawsuit. The new location is a junk yard–so Invenergy is proposing to change locations from one kind of dump to another. Meanwhile, the residents who live near the first location will continue to live near a contaminated dump instead of a cleaned-up, clean-burning natural gas plant…
    Read More “Invenergy Proposes Deal to Elizabeth Twp to Move Gas Power Plant”

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    Penn State Study: NatGas Power Plants Pose No Radon Risk

    A bright and enterprising graduate student at Penn State University cooked up an interesting research project for her graduate thesis. With all this talk about “fracked gas” having boatloads of radon in it, would using such radon-laden gas as the source fuel for a gas-fired electric plant pose a risk to those who live near it? In particular, could the gas-fired plants on Penn State’s own campus be posing a danger to students, faculty and staff that live and work on campus? Alison Stidworthy, a former graduate student in the Department of Meteorology at Penn State (and now employed as a site manager for the New Jersey Department of Environmental Protection), led the research effort, which was the topic of her master’s degree thesis (copy below). What did Alison find? High levels of radon do not leak from the plants and pose no health issues to those living and working nearby. Which makes perfect sense. How do you get rid of radon in your basement when it’s present? You vent it to the outside, where it quickly dissipates and becomes inert. Alison, along with several of her professors, recently published her work as a study in the Journal of the Air & Waste Management Association...
    Read More “Penn State Study: NatGas Power Plants Pose No Radon Risk”

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    NARUC President Powelson: Obama’s Energy Mandates are Toast

    Robert Powelson

    Rob Powelson is a member of the Pennsylvania Public Utilities Commission (PUC). At one point, under then-Gov. Tom Corbett, Powelson was the PUC Chairman (see PA’s PUC Pro-Drilling Chairman Powelson Leads Mid-Atlantic Group). After Democrat Tom Wolf was elected as governor, he replaced Powelson with Gladys Brown as Chairwoman (see Anti-Drillers Cheer PA Gov Wolf’s New Appointment to Head PUC). However, Powelson remains on the PUC as a member. He’s one of the good guys–someone who supports shale energy. As we reported in November, Rob’s stature and reputation dramatically increased, yet again. He was elected as the next president of the National Association of Regulatory Utility Commissioners, or NARUC (see PA PUC Commissioner Rob Powelson Elected as President of NARUC). He is serving a one-year term. It is not a full-time gig–he remains a commissioner with the PA PUC. NARUC is about to hold it’s annual winter meeting–the first big meet since Powelson began serving as president. Ahead of that meeting, Powelson was interviewed by the Washington Examiner. His comments are enlightening. Essentially, Powelson says Obama’s climate regulations (including the odious Clean Power Plan) are toast. Here’s what a common sense, shale-supporting intelligent person had to say about the end of Obama’s reign of environmental terror…
    Read More “NARUC President Powelson: Obama’s Energy Mandates are Toast”

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    Atlantic Sunrise Pipeline Gets Final Approval by FERC

    Atlantic Sunrise Pipeline map – click for larger version

    Friday saw a flurry of activity at the Federal Energy Regulatory Commission (FERC)–the federal agency in charge of evaluating and authorizing interstate pipeline projects. Today is FERC-day on MDN, because there was so much news from Friday! Perhaps the most important news coming out of a list of approvals was FERC’s final blessing on Williams’ $3 billion Atlantic Sunrise Pipeline project–a 198-mile pipeline project running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from PA with the Williams’ Transco pipeline in southern Lancaster County. In addition to the pipeline, two new compressor stations will get built, and when the whole thing is done, an extra 1.7 billion cubic feet per day of northeast PA Marcellus Shale gas (from Cabot Oil & Gas and Seneca Resources) will flow south. On Friday, FERC issued a final certificate for the project, allowing Williams to build it. We can’t wait until Williams goes through and knocks down the magic tree house built by environmental wackos in an attempt to stop the project (see PA Antis Build 2nd Magic Tree House to Stop Atlantic Sunrise Pipe). That’ll make for some great headlines when it happens. However, Williams isn’t starting up the bulldozers just yet. Before they can begin, Williams still needs permits from the PA Department of Environmental Protection (DEP) and the U.S. Army Corps of Engineers. However, permits from PA & the Army Corps is perfunctory. It’s now over. The antis have lost and the good guys have finally scored a victory! Construction will begin on the main portion of the pipeline in mid-2017…
    Read More “Atlantic Sunrise Pipeline Gets Final Approval by FERC”