Statewide PA

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    Where is Production Increasing (& Decreasing) in Marcellus/Utica?

    Natural gas production in the U.S. has rocketed skyward in just the past few weeks. According to the experts at RBN Energy, “the abruptness and sheer strength with which production has surged” has “taken the market by surprise.” Gas production rose in every region of the country, but it rocketed in one region in particular. Yep, in the Marcellus/Utica. When you look at how much our region was producing on June 7, and then again on June 28, the difference in just those three weeks is astonishing. Production of natgas soared and was 600 million cubic feet per day higher on June 28 than three weeks prior. Amazing! But production did not increase in every area of the Marcellus/Utica region. In one area, production decreased. Below you’ll find out where production went up, and where it went down in the M-U in June…
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    Big Green Pressures Gov. Wolf to Expand Onerous Methane Regs

    This one was easy to predict, because it follows a tried-and-true pattern used by leftists for decades. PA Gov. Wolf’s Administration has been fiddling with proposed regulations to cut down on fugitive methane emissions from drilling and pipelines for years. The regulations are known as General Permit 5 (GP-5) and General Permit 5A (GP-5A). GP-5 applies to pipelines and compressor stations, while GP-5A applies to well pads and drilling. In June, the PA Dept. of Environmental Protection, author of the revised regs, floated its final final final final version of the regs (see PA DEP Releasing Onerous New GP-5 & 5A Methane Regs June 8). The new regs will go into effect in August. But here’s the thing. These onerous regulations apply only to *new* and not *existing* sources of methane emissions. Now that the revised regs are about to go into effect for new sources, right on cue Big Green groups are pressuring Wolf to apply them to existing sources too. That was, of course, the intention all along–to hamstring (and shut down) the Marcellus industry by saddling it with insanely high costs to comply with regulations that won’t do a thing to “save the planet” from methane poisoning. A classic “bait and switch” routine…
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    Southwestern Appeals “Briggs” Trespass Case to PA Supreme Court

    Southwestern Energy has taken the next step of appealing the “Briggs” trespass case to the Pennsylvania Supreme Court–a case of tremendous importance. In April, MDN brought you the news that Pennsylvania Superior Court had handed down a decision (known as the “Briggs” case) that has the power to greatly restrict, perhaps even stop, Marcellus drilling in PA (see PA Superior Court Overturns “Rule of Capture” for Marcellus Well and PA “Rule of Capture” Case has Power to Limit Marcellus Drilling). The issue, in brief, is that the Superior Court decision disallows using an age-old principle called the “rule of capture” when it comes to shale drilling and fracking. It opens the door to a myriad of frivolous lawsuits claiming that a fracture, a crack created during fracking, is draining gas from a neighbor’s property without justly compensating the neighbor for the gas. Southwestern successfully argued in a lower court that the odd crack here and there that may slip under a neighbor’s property is permissible. The landowner appealed to Superior Court and three judges heard the case. Two of the three overturned the lower court and sided with the landowner. Southwestern, following the decision, petitioned the Superior Court to have all of the sitting justices (called en banc) hear the case. Sadly, in June the Superiors proved they aren’t so superior after all, declining to rehear the case (see PA Superior Court Rejects Southwestern “Briggs” Trespass Appeal). Southwestern promised to appeal this critically important case to the PA Supreme Court, and yesterday they did just that. We have a comment from Southwestern below, along with a copy of the brief they filed, and our own thoughts on where this may go after the Supreme Court…
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    PA DEP Appoints New Director of So-Called “Environmental Justice”

    Allison Acevedo

    The Pennsylvania Dept. of Environmental Protection (DEP) has a department within its department called Environmental Justice. In March 2017, then-Acting (now full) Secretary of the DEP Patrick McDonnell went on an environmental justice “listening tour” (see PA DEP Conducting “Listening Tour” for “Environmental Justice”). So what is so-called environmental justice? As near as we can tell, “environmental justice” means asking poor people or minorities (African Americans and Hispanics) if they feel like 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 reason we bring all this up is because the DEP has just appointed a new Director of Environmental Justice–Allison Acevedo. She’s a former tax and labor attorney from Philadelphia. We hope her appointment is largely ceremonial–a do-nothing job. We fear the opposite…
    Read More “PA DEP Appoints New Director of So-Called “Environmental Justice””

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    PA State Sen. Wants to Drill on State Land to Fund School Safety

    Since taking office nearly four years ago, Pennsylvania’s left-leaning Democrat Gov. Tom Wolf has rigidly blocked any new shale leasing of state forest land. Leases and drilling prior to Wolf brought a bountiful harvest of revenue to state coffers. But Wolf, bowing to pressure from radical environmentalists, refuses any new drilling. In February the state Senate, controlled by Republicans, passed a resolution calling on Wolf to restart drilling in state parks (see PA Senate Ctte Passes Resolution to Restore Drilling in State Parks). No dice. Resolutions aren’t laws and can’t be enforced. At the end of February, Republican Sen. Gene Yaw (Williamsport) told Cindy Dunn, Secretary of the Dept. of Conservation and Natural Resources at a hearing, that if the state were to open up another 25,000 acres of state forest land for Marcellus drilling, it would generate $100 million that could be used for the Environmental Stewardship (Growing Greener) Fund (see PA DCNR Secretary Chilly to Suggestion of More State Forest Drilling). Dunn brushed Yaw off with a chilly response. However, PA Senate Republicans are persistent. State Sen. Dan Laughlin has just announced he will introduce a bill to restart leasing and drilling under state-owned land, and that the revenue will be used for “school safety.” Laughlin figures the new leasing could raise $250-$400 million. Question: Will Dems vote to oppose school safety?…
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    Sunoco Seeks to Use Alternate Pipe Near Philly to Get ME2 Flowing

    Years ago when Sunoco Logistics Partners (aka Energy Transfer Partners) originally proposed and planned the Mariner East 2 twin pipelines from the edge of eastern Ohio through the entire length of Pennsylvania to the Marcus Hook refinery near Philadelphia, the completion date promised was the end of 2016. Little could Sunoco foresee the multiple lawsuits, regulatory hearings and illegal protest actions that would conspire to throw the project off schedule for more than a year and half. When pipeline companies plan such multi-billion dollar projects, they first get customers (drillers) to sign on the dotted line, guaranteeing there will be enough product (and revenue) to make the project worthwhile. Drillers *did* sign on the dotted line, and they’re still waiting. Waiting and now pressuring Sunoco to get the darned thing up and running. The pipeline itself is 98% complete–in the ground and connected. But an all-important 2% is still not complete, most of it in the Philly suburbs–Delaware and Chester counties. Sunoco continues to have problems with underground horizontal directional drilling and with ongoing litigation by towns in the Philly area. What to do, with customers breathing down your back? Sunoco has come up with an ingenious solution that is sure to send the crazies into orbit. Sunoco is asking the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) for permission to use part of an existing 12-inch pipeline in that area that previously carried refined petroleum products (things like gasoline, heating oil, and jet fuel), repurposing the pipeline to carry NGLs (ethane, propane, butane, etc.). This is only a short-term fix until the last bits of the full ME2 is up and running…
    Read More “Sunoco Seeks to Use Alternate Pipe Near Philly to Get ME2 Flowing”

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    New Kid on the Block Gives THE Dela. Riverkeeper Some Competition

    Sandra Meola

    Looks like THE Delaware Riverkeeper, Maya van Rossum, now has some competition. We’ve written about the radical Riverkeeper for years–an anti-fossil fuel organization hellbent to stop the use of fossil fuels by opposing fracking and pipelines anywhere and everywhere throughout the Marcellus/Utica region. Fruitcakes. Funded by the William Penn Foundation and Heinz Endowments, among other politically-active-yet-tax-exempt Big Green funders. But what’s this? There’s a relatively new organization (formed in 2012) called the Coalition for the Delaware River Watershed (CDRW). Beginning this month, Sandra Meola becomes director of the organization. By all accounts the CDRW is just as far-left as Riverkeeper, although CDRW seems to be more about raising money for particular projects rather than suing fossil fuel companies. According to the CDRW website, “The Coalition is made up of numerous organizations working throughout the four-state Delaware River Watershed to protect and restore one of America’s great river basins. Members range in size and reach from local groups on the front lines of Watershed protection, to organizations that work on regional, state, and national levels.” In looking through the Members page (the list of organizations that belong to the CDRW), we spot the usual suspects. PennFuture, Trout Unlimited, Pennsylvania Environmental Council–radical green groups all, vehemently opposed to shale energy. Noticeably absent from the CDRW Members list is THE Delaware Riverkeeper. We wonder, why is that?…
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    PA IFO Predicts 2018 Impact Tax Will Raise Record High $224 Million

    The PA Independent Fiscal Office (IFO) does a pretty good job of guesstimating how much impact fee revenue will get generated in the coming year, based on permit and producing wells activity this year. How good? Last year the IFO predicted that impact fee (equivalent of a severance tax) revenue would be $222 million for 2017 (see IFO Predicts PA Impact Fees for 2017 Will Soar, Near Record High). They weren’t too far off. The state Public Utility Commission, charged with collecting the fee, just disbursed impact fee revenue raised in 2017. The grand total was $210 million (see PA Impact Fee/Tax Hauls in $210M in 2017 – Third Highest Ever). There was $6 million “missing” from that number due to a dispute over what is, and what is not, considered a “stripper well.” If you were to include the $6 million (as the IFO does in their estimates), then 2017 revenue would have been $217 million–not far from IFO’s $222 million estimate. The IFO just released an impact fee update (full copy below) with an outlook for 2018. The IFO predicts next year’s impact fee will generate $224 million in revenue. If that estimate bears out, it would be the highest amount of revenue generated by the fee since its beginning in 2011…
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    Rover Pressuring FERC to Approve Final 2 Laterals ASAP

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    In a respectful, but strongly worded letter to the Federal Energy Regulatory Commission (FERC), Energy Transfer Partners’ Rover Pipeline asks FERC to (our words) get off its rear-end and approve the Burgettstown and Majorsville laterals. The two laterals, or off-shoots of the pipeline system, both reach into western Pennsylvania and are (from what we can tell) the final two pieces of the Rover pipeline that are not yet online. Rover asked FERC to approve the two laterals, along with other portions of the pipeline, by June 1st, in a letter dated May 24th. FERC did approve some items on the list, but not the two laterals (see M-U Gas Now Travels to Dawn Hub in Canada via Rover Pipeline). In a June 21 letter (read it below) Rover then asked FERC to approve the two laterals by June 25, this past Monday. That date came and went with no approvals. Rover said in its letter: “significant volumes of natural gas have been unable to flow on pipeline facilities that have been completed for nearly a month.” You can feel the frustration when reading the letter. So what, exactly, is the holdup anyway?…
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    Handy List of 48 New/Planned Gas-Fired Plants in PA, Courtesy FWW

    The radicals of Food & Water Watch (FWW), a disgusting organization, have done us all a huge favor! FWW is composed of some of the worst of the worst when it comes to anti-fossil fuel nuttery. They oppose everything, including low-carbon natural gas, if it’s called a fossil fuel. FWW issued a new “report” last week taking aim at the growing number of Marcellus gas-fired electric plants sprouting up around the state, replacing dirtier coal-fired plants. Only in the mind of a demented liberal is coal better for the environment than natgas. But we digress. FWW’s report is called “Pernicious Placement of Pennsylvania Power Plants: Natural Gas-Fired Power Plant Boom Reinforces Environmental Injustice.” Those alliterations are just ingenious, aren’t they? As part of the report, FWW published a comprehensive list of 48 planned, under construction, or recently commissioned gas-fired power plant projects in the Keystone State. Wow! What a great list! We’ve extracted the list itself and shared it below (so you don’t have to endure the full report). The focus of the report is the baseless charge FWW (and others) make that new power plant projects are built in poor, black areas–where the downtrodden can’t fight back against the machine that is Big Oil/Gas. FWW includes a map (see it below) that charts where “communities of color” (meaning concentrations of black people) live in the state, along with dots that show where existing and planned gas-fired plants are located. Take a look at the dots for planned plants. Almost none of them are near “communities of color!” Whoops. Some intern wasn’t paying attention when she drafted the report…
    Read More “Handy List of 48 New/Planned Gas-Fired Plants in PA, Courtesy FWW”

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    SRBC Elects New Officers, NY Becomes Chair on July 1

    Perhaps the proposed legislation by PA Rep. Dan Moul (Republican from Gettysburg) to gut not only the DRBC (Delaware River Basin Commission) of its power to regulate groundwater, but also to gut the SRBC (Susquehanna River Basin Commission), is not so far off the mark after all (see PA House Bill to Neuter SRBC, DRBC Makes It to First Base). We always viewed the SRBC as a good steward of water resources within the river basin it governs, preferring to “stay in its lane” and not presume to regulate shale drilling the way the DRBC has (see SRBC Tells Anti-Drillers “We’ll Stay in Our Lane” on Water Study). Apparently each year (or two or three, we’re not sure) the SRBC rotates the positions of Chair and Vice Chair among its four members (US Army Corps of Engineers, New York, Pennsylvania, Maryland). Currently the Chair belongs to the Army Corps, but on July 1st it will change to NY. The problem is that NY’s rep on the Commission is Basil Seggos, NY Dept. of Environmental Conservation (DEC) Commissioner and an appointee by Andrew Cuomo. Seggos is a hardened, very politically left anti-fossil fueler–a puppet and tool of Cuomo. Will this change in leadership at the SRBC have an impact on how the organization operates?…
    Read More “SRBC Elects New Officers, NY Becomes Chair on July 1”

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    PA Gov. Wolf Signs On-Time Budget with No Severance Tax

    There is nothing “bipartisan” about Tom Wolf, Governor of Pennsylvania. He’s a hard-left partisan all the way. Yet this year, for the first time since taking office, he signed a “bipartisan” budget on time–before the June 30 deadline. Wolf practically genuflected before the Republicans who control both the House and Senate in PA. This is the first budget Wolf has signed at all. The previous three annual budgets adopted during Wolf’s tenure were done so without his signature. So why did Wolf practically fall over himself to sign a budget that does NOT include a new severance tax, as he has requested each year since taking office? Simple: He’s running for reelection and wants to appear as if he’s actually governing. He’s attempting to smear a little lipstick on the pig of his awful tenure in office. Question is, will it work? Do people have the attention spans of gnats? Or will they remember the pain and suffering he inflicted by dragging out previous budgets for months? Pennsylvanians should understand that Wolf’s nicey-nice with the budget this year will completely evaporate next year (if he’s reelected). Back will be the hard-left partisan who lives under the lipstick…
    Read More “PA Gov. Wolf Signs On-Time Budget with No Severance Tax”

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    PA Impact Fee/Tax Hauls in $210M in 2017 – Third Highest Ever

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    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. Yesterday was the appointed day for 2017. The PUC reports impact fees on natural gas producers in 2017 totaled $209,557,300–the third highest yearly amount of revenue generated since the fee/tax was implemented in 2011. That follows the lowest annual revenue generated from the fee to date last year, for 2016 (see PA PUC Impact Fee Report: Revenue Down Again in 2016). 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 is reflected in 2017 impact fee revenues. Below we include the PUC press release, 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 2017? Once again it was Washington County. The driller paying the most in impact fees in 2017? Range Resources. The municipality receiving the most revenue from impact fees (meaning the most drilled municipality)? Center Township, in Greene County. Here’s the 411 on impact fees (i.e. taxes) raised and spent in PA for 2017…
    Read More “PA Impact Fee/Tax Hauls in $210M in 2017 – Third Highest Ever”

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    PUC Says PA Strippers Reduced 2017 Impact Fee by $6.1 Million

    Once again we’re talking about strippers. Uh, stripper *wells* that is. In 2012 Pennsylvania passed the Act 13 drilling law that includes an impact fee on wells targeting shale layers, including the Marcellus. Snyder Brothers, headquartered in PA, drills mostly conventional (vertical only) wells in southwestern PA. In 2011-2012 they drilled 45 vertical-only wells targeting the Marcellus. All 45 of the vertical-only wells were fracked. Initially those wells produced more than 90 thousand cubic feet per day (Mcf/day), but by December of the year in which they were drilled, the wells 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, arguing the word “any” is not a get-out-tax-jail-free card. Snyder Bros. sued and after an appeal of the case, Snyder Bros. won the case in March 2017, 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 with claims the Act 13 impact fees are now in jeopardy. So the PUC appealed the case to the PA Supreme Court. The Supremes heard arguments in the case in April (see PA Supreme Court Takes a Close Look at Strippers…as in Wells). The PUC released its full impact fee revenue generated and disbursed report yesterday (see today’s lead story). The PUC reports that not only are the fees from the Snyder wells missing from the total, but fees for some wells from other drillers as well–some 318 wells in all. Those other drillers cite the Snyder Bros. case as evidence they don’t owe money on what they consider to be stripper wells. In fact, when you total it all up, the PUC says the impact fee revenue for 2017 would have been ~$6.1 million higher if the “missing” fees from those 318 wells were part of the mix…
    Read More “PUC Says PA Strippers Reduced 2017 Impact Fee by $6.1 Million”

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    No Severance Tax in This Year’s Massive, Way-Too-High PA Budget

    This year’s Pennsylvania budget deal is different from the previous three such annual budgets. One way it’s not different is that this year’s budget once again hits a new high–a massively bloated, morbidly obese $32.7 billion. Although the budget does not include any new taxes, it does increase spending in a number of areas, including “education” (i.e. teacher’s unions). Democrat Gov. Tom Wolf once again asked for a Marcellus-killing severance tax this year, but he didn’t really mean it. He knew he wouldn’t get one. So Wolf brokered a deal with House and Senate Republicans that leaves out a severance tax. In the previous three budgets Wolf demanded a severance tax and delayed adopting each budget by months, in an act of petulance and temper tantrum. Since this is an election year and Wolf is up for reelection, he decided to forgo the histrionics over a severance tax. So, we’ve dodged the tax bullet once again. However, if Wolf is reelected, expect him to double down and perhaps even shut down state government in order to get a severance tax. The tax battle will be super-nasty next year, you can count on it. Meanwhile, the Senate is due to pass the budget on Friday, and Wolf will sign it soon after…
    Read More “No Severance Tax in This Year’s Massive, Way-Too-High PA Budget”

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    Dela. Riverkeeper Pressures DRBC to Revoke ME2 Pipe Permit

    Here’s the latest strategy in THE Delaware Riverkeeper’s ongoing war against fossil fuels, and against natural gas pipelines in particular: Pressure the Delaware River Basin Commission (DRBC) to revoke a permit granted by the agency to the Mariner East 2 (ME2) pipeline project on the flimsy basis that ME2 has “violated” the conditions of the permit. Frankly, we didn’t even know the DRBC had issued a permit for ME2. After all, ME2 is a state-permitted project and does not come under federal authority. We doubt the DRBC has legal authority to issue a permit for the project–but if no one challenges them, their authority stands. ME2 probably thought it easier to just get the permit and not squabble over it. According to Big Green mouthpiece PBS StateImpact Pennsylvania, the DRBC is actually considering Riverkeeper’s request. The problem with this latest strategy by Riverkeeper is that DRBC’s executive director, Steve Tambini, is so weak, he may fold like a cheap deck of cards and actually do it. Tambini, who has been a major disappointment since taking over from the ultra-leftist Carol Collier, seems happy to take his marching orders from Riverkeeper. We have to wonder if this latest strategy will bear fruit. A scary proposition. But Riverkeeper isn’t content to try and scuttle ME2 by pressuring the weak DRBC as its only strategy. Last week the DRBC filed a “groundbreaking” lawsuit against the ME2 project in U.S. District Court for the Eastern District of Pennsylvania, meant to stop the project by court order…
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