Pennsylvania

Anti-Drilling/Fossil Fuel | Energy Companies | Indiana County | Industrywide Issues | Litigation | Pennsylvania | Pennsylvania General Energy | Regulation | Wastewater

Anti Group CELDF Won’t Help Grant Twp Pay $1M Judgement
November 16, 2015November 16, 2015

Question: How will Grant Township (Indiana County, PA), a town with 741 people in it, pay a lawsuit it may lose awarding Pennsylvania General Energy (PGE) $1 million? Going by the law of averages, less than half of the 741 people actually pay taxes (the other half are welfare slugs). So the question is, how can something like 200 families come up with enough money to pay such a large lawsuit? Answer: they can’t. The town goes bankrupt. That is the very real situation facing the residents of Grant Township. You may recall we’ve written about this before. Grant tried to block PGE from building a wastewater injection well in the township by passing an illegal law stirred up and proposed by the odious Community Environmental Legal Defense Fund, or CELDF (see Fed Judge Overturns Grant Twp, PA Ban on Injection Wells). The town has now tried to reorganize in order to avoid the judge’s ruling (see Grant Twp, PA Reorganizes to Avoid a Court-Ordered Injection Well). PGE has sued the town claiming (truthfully) they’ve suffered at least $1 million in damages. That case goes to trial in March. If the town loses, the town pays. The cowardly CELDF has admitted they won’t contribute a penny toward the $1 million fine if the case goes against the town. Nice friends the people of Grant have made in the CELDF, wouldn’t you say?…
Read More “Anti Group CELDF Won’t Help Grant Twp Pay $1M Judgement”
Industrywide Issues | Pennsylvania | Statewide PA | Taxation

PA LibDems Turn On/Attack Wolf Over No Severance Tax Budget
November 16, 2015November 16, 2015

Must be Pennsylvania’s liberal Democrats, like those in the Harrisburg Patriot-News news room, thought Tom Wolf was the Second Coming of Barack Hussein Obama. They actually thought that Wolf could jam huge tax increases, including a Marcellus Shale severance tax, down the throats of PA Republicans in the state legislature. Somehow (thank the Good Lord) Republicans grew a spine and resisted the withering pressure and harassment of Dems and their media organs, including the Patriot-News. So we thought is noteworthy (and funny) when the editorial board at the Patriot-News essentially turned on one of their own, Tom Wolf, and threw him and his budget deal with Republicans under the bus…
Read More “PA LibDems Turn On/Attack Wolf Over No Severance Tax Budget”
Industrywide Issues | Lease & Royalty Payments | Litigation | Pennsylvania | Statewide PA

PA Superior Court Rules on 2nd Important Surface/Mineral Rights Case
November 16, 2015November 16, 2015

We have a second important Pennsylvania Superior Court case decision to bring you in less than a month. Last month we told you about Wright v. Misty Mountain Farm LLC, a case with implications for all land and mineral rights owners in PA (see PA Superior Court Rules on Important Surface/Mineral Rights Case). Another case decided Nov. 6, Northern Forests II, Inc. v. Keta Realty Company, also has big implications for rights owners. In the Northern Forests case (full copy below), the surface rights owner (Northern Forests) claimed they should also own the subsurface rights due to a legal principal called adverse possession. In reviewing the case, a PA trial court found the original case from 1989 awarding Northern Forests the mineral rights, was in error–the rights revert back to the original rights owners. PA Superior Court agreed and upheld the decision. Here’s the low down from legal beagles at McGuireWoods, the attorneys for Keta Realty, the winner in the case…
Read More “PA Superior Court Rules on 2nd Important Surface/Mineral Rights Case”
Energy Services | Industrywide Issues | Pennsylvania | Pipelines | Regulation | Statewide PA | Sunoco Logistics

Sunoco LP Fined $59K for Fixing Pipe Running Thru 7 Swamps
November 13, 2015November 13, 2015

Talk about damned if you do, damned if you don’t… Sunoco Logistics Partners needed to do maintenance (i.e. fix things) along the Mariner East 1 pipeline–an 80 year-old petroleum pipeline repurposed to flow natural gas liquids (NGLs). Some of the places where they need to fix it, the pipeline runs underground beneath a number of swamps–smelly, stagnant water where mosquitoes with West Nile virus breed. Today swamps are called “wetlands.” Go figure. Because Sunoco didn’t get a “Mother May I?” permit from the PA Dept. of Environmental Protection (DEP) before fixing the pipeline in seven swamps, the DEP has fined the company $59,000. No doubt if Sunoco had waited for permits issued in triplicate and didn’t fix the pipeline, something would have spilled and there would have been an even bigger fine (and lawsuit) for that! A real no-win situation…
Read More “Sunoco LP Fined $59K for Fixing Pipe Running Thru 7 Swamps”
Industrywide Issues | Pennsylvania | Statewide PA | Taxation

Wolf Says You’ll Love the Budget Deal; Repubs Say, What Deal?
November 13, 2015November 13, 2015

Yet another mass delusion campaign has begun to convince Pennsylvanians that what just happened didn’t happen. And what just happened? Newly-elected neophyte Gov. Tom Wolf didn’t get anything important he wanted in the budget deal that’s quickly taking form–except for getting the second highest sales tax rate in the country. That he got, and he’s trying to spin that as a big positive. What is Wolf, and a sycophantic, servile mainstream media, saying? “He hung tough. He didn’t get everything, but by gaw he got a lot of it and it’s all good for the state. Yeah he didn’t get a Marcellus severance tax, but pay no attention to the man behind the curtain! Wolf got all this other great stuff for the teachers’ unions to pay them back for supporting him and everybody loves Wolf. You’re gonna love it–just you wait and see.” That about sums up the tone and style of “reporting” on the deal. Meanwhile, some rather honest Republicans from the Altoona area are saying, (1) the budget deal is most certainly not done yet, (2) schools are a never-ending sinkhole for money–they want more money in good times and bad, and (3) if the state had implemented a severance tax, it would have finished off the Marcellus industry where drilling is now at a minimum even without the extra tax. Wow, what a breath of fresh air to hear politicians who tell the truth…
Read More “Wolf Says You’ll Love the Budget Deal; Repubs Say, What Deal?”
Electrical Generation | Industrywide Issues | Lackawanna County | Pennsylvania

Shhh…Invenergy Plans Design Changes at Jessup Electric Plant
November 12, 2015November 12, 2015

As MDN has previously chronicled, Chicago-based Invenergy hopes to build what will be the largest (to date) electric generating plant in the state of Pennsylvania powered by natural gas (see Public Hearing on NEPA Proposed Marcellus-Powered Electric Plant). Invenergy hopes to build the 1300-megawatt plant (incorrectly listed as 1500 megawatts in the excerpt below) in the borough of Jessup (Lackawanna County), near Scranton. The company is making a change in the design of the plant to make it a tad bit quieter, which will make the neighbors happy…
Read More “Shhh…Invenergy Plans Design Changes at Jessup Electric Plant”
Anti-Drilling/Fossil Fuel | CNX Resources | Energy Companies | Industrywide Issues | Litigation | Pennsylvania | Regulation | Westmoreland County

3 Western PA Antis Weigh Appeal of Court Ruling in Zoning Case
November 12, 2015November 12, 2015

Three anti-drillers in Westmoreland County, PA are continuing their quest to deny their neighbors the right to allow natural gas drilling. You may recall one week ago we told you that a clear-thinking western PA county judge ruled that there are two sides to the Act 13 court case–local municipalities don’t always have to rule you *can’t* allow drilling in certain areas, sometimes the decision goes the other way *to* allow it (see PA County Court Rules Drilling OK in Ag/Residential District). In this particular case, three ladies–Dolores Frederick, Patricia Hagaman and Beverly Taylor–have their knickers in a twist that one of their neighbors, a farm owned by John and Anne Slike, wants to allow CNX Gas (i.e. CONSOL Energy) to drill on their property, some 1,200 feet away. The three ladies lost. But as with antis everywhere, the rule of law makes no difference. They (and their lawyer) are still agitating to try and prevent the Slikes from moving forward. They’re deciding whether or not to appeal the decision…
Read More “3 Western PA Antis Weigh Appeal of Court Ruling in Zoning Case”
Allegheny County | Energy Companies | Noble Energy | Pennsylvania | Statewide PA

Noble Energy Axes Another 45 Marcellus Jobs, 180 Jobs Companywide
November 11, 2015November 11, 2015

Perhaps we now know why Noble Energy VP of exploration, Michael W. Putnam, sold a bunch of company stock last Thursday in what is called “insider selling” (see Noble Energy’s VP of Exploration Sells $224K of Company Stock). Yesterday the company announced it is cutting 45 jobs in the Marcellus Shale–and 180 jobs companywide. Ouch. MDN received the following tip from a subscriber yesterday late morning: “FYI, Noble Energy is in the midst of a possibly major layoff of their Canonsburg office today. 30-50% of the existing staff. This information came to me from friends who work there, one of whom was let go this morning. They knew about the pending layoff last week.” How many will be left working in the PA Marcellus, and how many employees will be left companywide? We have the numbers…
Read More “Noble Energy Axes Another 45 Marcellus Jobs, 180 Jobs Companywide”
Industrywide Issues | Pennsylvania | Pipelines | Regulation | Statewide PA

PA Gathering Pipeline Draft “Recommendations” from Wolf Task Force
November 11, 2015November 11, 2015

In May, Gov. Wolf announced the creation of a “Task Force on Pipeline Infrastructure Development” that will add an additional layer of interference by anti-drilling “environmental organizations” on where pipelines can and (preferably, from their viewpoint) can’t be laid (see Disaster on the Horizon: PA Gov Wolf Creates Pipeline Task Force). The Task Force was billed as an “unprecedented collaboration of stakeholders” from government, drillers, midstreamers, and anti-drillers (euphemistically referred to as environmentalists). Wolf and his Dept. of Environmental Protection (DEP) Secretary, John Quigley, appointed 48 members to the task force (see PA Gov Wolf Packs Pipeline Task Force with His Own Minions). The pipeline gang has now held four of six meetings (complete with opposition from Wolf’s kook left-wing fringe, see PA DEP Sec. Quigley Calls Pipeline Protesters “Badly Misinformed”), and some 12 working groups have (yes) done some work. Yesterday the Pipeline Infrastructure Task Force issued a draft report that they plan to officially submit to the governor and the legislature in February 2016. The (gulp) 335-page document contains 184 “recommendations.” Our concern is that recommendations have a way of becoming regulations in the hands of LibDems. Below is a copy of the full draft report along with the DEP press release announcing its release…
Read More “PA Gathering Pipeline Draft “Recommendations” from Wolf Task Force”
Centre County | Eclipse Resources | Energy Companies | Pennsylvania

Marcellus/Utica Driller Eclipse Resources Looking for a Buyer
November 11, 2015November 11, 2015

One by one the dominoes are falling–companies in the Marcellus/Utica that just can’t hang on any longer are selling themselves. It was only last December that Eclipse Resources, an exploration and production company focused solely on the Marcellus and Utica Shale region, announced it had raised $440 million in a “private placement” of 62.5 million shares of common stock (see Eclipse Resources Gets $440M from New Stock, Trims 2015 Capex 20%). Eclipse drills almost exclusively in the Ohio Utica Shale, even though it’s headquartered in State College, PA. In June, Eclipse went shopping for an additional $550 million pile of cash by offering IOUs (see Eclipse Lowers IOU Offering Expectations – by $100M). Now comes word the company is using Morgan Stanley to shop itself to potential buyers. No word on the asking price or whether or not there’s been any bids…
Read More “Marcellus/Utica Driller Eclipse Resources Looking for a Buyer”
Anti-Drilling/Fossil Fuel | Indiana County | Industrywide Issues | Litigation | Pennsylvania | Regulation | Wastewater

Grant Twp, PA Reorganizes to Avoid a Court-Ordered Injection Well
November 11, 2015November 11, 2015

In October MDN told you about Grant Township in Indiana County, PA. The town had attempted to illegally block a permitted injection well from being drilled and used inside the town’s boundaries. The town folk have been whipped into an irrational frenzy by the radical leftist PA-based group Community Environmental Legal Defense Fund (CELDF). As usual, the CELDF-promoted so-called Community Bill of Rights failed in court, costing Grant Township taxpayers big bucks to defend (see Fed Judge Overturns Grant Twp, PA Ban on Injection Wells). People without jobs (like those infesting CELDF) have lots of time to be creative–so here’s the latest. They talked enough town folk into passing another/new plan on the November. The town voted to convert itself from being a PA Second Class Township form of organization to being PA Home Rule Charter form of organization–in an attempt to do an end-run around the judge’s ruling last month. Will it work? Probably not, but here we go again–another delay for Pennsylvania General Energy and their plan to drill an injection well. You know the old saying? Justice delayed is justice denied. When will the courts step in and stop this madness?…
Read More “Grant Twp, PA Reorganizes to Avoid a Court-Ordered Injection Well”
Centre County | Energy Companies | Lawrence County | Pennsylvania | Rex Energy | Utica Shale

Rex Energy 3Q15: $95M Paper Loss, 1st Utica Well Online, Prod Up 15%
November 11, 2015November 11, 2015

Rex Energy and Eclipse Resources are really like two peas in a pod. The people who founded Eclipse, which is shopping itself (see today’s companion story), are former Rex Energy people. Both companies are pure play, concentrating on the Marcellus/Utica, and both companies are headquartered in State College, PA. On Monday Rex Energy issued its third quarter 2015 update. The company lost nearly $95 million for 3Q15–but the entire thing was a paper loss, writedowns for the value of their assets because the price of natural gas took a nosedive. Production for the company was up 15% in 3Q15 over the same period a year earlier. Some of the biggest news we spot in the update is that Rex has been able to squeeze the costs all the way down to $5.2 million per Marcellus well they drill. Also big news: Rex put into production their very first Utica Shale well, drilled in Lawrence County, PA. Here’s the particulars…
Read More “Rex Energy 3Q15: $95M Paper Loss, 1st Utica Well Online, Prod Up 15%”
Electrical Generation | Industrywide Issues | Luzerne County | Pennsylvania

Gemma Power Gets Contract to Build Moxie Freedom Electric Plant
November 11, 2015September 12, 2016

Over a year ago MDN broke the news that Moxie Energy was in the hunt to begin a third new Marcellus gas-powered electric plant project in Pennsylvania (see Moxie Energy in Hunt for Third Marcellus-Powered Electric Plant?). Indeed, our suspicions were borne out and Moxie pursued a project to build a plant in Luzerne County. Moxie is calling it the Freedom project and in November they received approval from Salem Township to proceed (see Moxie’s NEPA Marcellus-Powered Electric Plant Gets 1st Approval). In September Moxie received the all-important approval–permission from the PA Dept. of Environmental Protection (see Moxie’s NEPA Marcellus-Powered Electric Plant Gets DEP Approval). We were convinced that like the previous two such projects, Moxie Liberty and Moxie Patriot were sold to Panda Power Funds, the company that is right now building them. However, a press release was just issued by Gemma Power Systems that says Gemma has been selected by Moxie to build the $800 million project. Here’s the details from Gemma on what technology they will use to build the 1,000-megawatt plant near Scranton…
Read More “Gemma Power Gets Contract to Build Moxie Freedom Electric Plant”
Industrywide Issues | Pennsylvania | Statewide PA | Taxation

Huge Victory for PA Republicans – NO Severance Tax in Budget Deal!
November 10, 2015November 10, 2015

It appears the fat lady is getting ready to sing with respect to no severance tax in Pennsylvania–at least for this year. The Republicans have won–kudos to them for hanging tough against the unreasonable Marcellus severance tax proposed by a neophyte governor attempting to pay off a political debt to teachers’ unions. There will be no new severance tax this year. Wolf has found another way to pay off the teachers–he’s going to siphon slot machine money for a big boost in education funding. The teachers’ unions don’t care–money is green and spends the same whether it comes from shale or slots. While a final deal is not yet done (let’s not count our chickens just yet), it does appear the outline of a budget deal, now more than five months late, is in place and moving toward passage in the next few weeks. Here’s the details…
Read More “Huge Victory for PA Republicans – NO Severance Tax in Budget Deal!”
Industrywide Issues | Pennsylvania | Regulation | Statewide PA

Environmental “Justice” for Some, Not for All, Courtesy PA DEP
November 10, 2015November 10, 2015

If you live in Pennsylvania and you live in a community where at least 20% of the people are below the poverty line, or if the community is composed of at least 30% minorities, you now have an important new weapon to oppose shale drilling, courtesy the PennFuture Secretary of the Dept. of Environmental Protection (DEP), John Quigley. Apparently the laws and regulations on the books that apply to everyone else are not good enough for po’ folk or black folk and you need extra special laws and regulations not available to others–so Quigley has “reactivated” the Office of Environmental Justice at the DEP to give you a voice that apparently you had lost. You may recall Quigley recently began talking about “establishing” such a department–only to embarrassingly learn his agency already has such a department (see Quigley Faux Pas: DEP Already has Office of Environmental Justice). With the help of mainstream media, Quigley pivoted to cover his faux pas (see Quigley Changes Story, “Reactivating” Enviro Justice Office at DEP). “Environmental Justice” is now officially reactivated at the DEP, complete with a new hire, an African-American lawyer from (yes) Philadelphia, violating the current state ban on new hiring until a budget is in place. Oh, and if you’re not poor or a minority (i.e. you’re working class or white collar)? No special favoritism for you. You get ordinary/regular environmental “justice”…
Read More “Environmental “Justice” for Some, Not for All, Courtesy PA DEP”
Crime | Industrywide Issues | Lycoming County | Pennsylvania

Canadian Mounties Visit Marcellus to Learn About Greens Who Go Bad
November 10, 2015November 10, 2015

There is a segment of the radical environmental movement that resorts to violence. That is indisputable as we’ve seen it–in the Marcellus/Utica. To be fair, violence by antis doesn’t happen often. We would say most of the anti movement is non-violent (although a fair number do tend toward criminality with “non-violent” protests). But there are those among radical greens who cross the line and engage in acts of violence and terror, sometimes aimed at people who work in the industry (see FBI Investigates Death Threats Against PennEast Pipeline Workers and Domestic Eco-Terrorism: Worker Shot at Rural WV Oil Well Site). Anti-drillers in Canada (or anywhere in the world, for that matter) are no different than anti-drillers in the United States. Some of them turn violent. For that reason, Royal Canadian Mounted Police (the Mounties) visited Williamsport, PA in June 2014 to learn more about how their American cousins deal with greens who go bad. Apparently this story–that the Mounties came here to learn about dealing with green crazies–is just now coming to light…
Read More “Canadian Mounties Visit Marcellus to Learn About Greens Who Go Bad”