Statewide PA

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    List of 26 Shale Gas-Fired Electric Plant Projects in OH-PA-WV

    Last week the The Independent Power Producers (IPPs) of Ohio, Pennsylvania, and West Virginia wrote an official letter to the Federal Energy Regulatory Commission (FERC) detailing their objection to a proposed plan by the Dept. of Energy (DOE) to give special treatment to electric power generating facilities powered by coal and nuclear plants. The DOE recently ordered FERC to devise new market rules favoring coal and nukes on the premise they contribute to “grid resiliency.” The IPPs writing the letter in opposition represent at least 26 shale gas-fired electric plant projects across the three states, which will contribute $21 billion to those state economies and generate 20,000+ jobs. Below we have the letter sent to FERC by the IPPs. That letter prompted our friends at Energy in Depth to produce a list of the projects the IPPs are building (or have built) in the tri-state area. It is an impressive list. We liked it and grabbed it to share with the MDN audience…
    Read More “List of 26 Shale Gas-Fired Electric Plant Projects in OH-PA-WV”

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    Shale + Large Conventional Gathering Pipes Added to PA One Call

    In just about every state in the country, before you start digging a hole in the ground for some reason (water well, septic system, laying an underground electric line, etc.)–the first thing you do is call 811 or some similar phone number. The “one call” or “first call” reaches a state-authorized (not necessarily state-run) office where they have, on file, maps detailing any kind of underground cables, pipelines and other infrastructure. If such underground structures exist, a representative of the owner for the underground line will, if necessary, stop by and mark the areas so when you do begin digging, you don’t hit it. Makes sense. A bill introduced last year in the Pennsylvania legislature would “enhance” the existing 811 law in PA. One of the “enhancements” is that it removes an exclusion for low-pressure natural gas gathering pipelines from being required to be part of the 811 system, mainly lines run to low-producing conventional gas wells. The bill was opposed by the Pennsylvania Independent Oil & Gas Association (see PIOGA Opposes Bill to Regulate Unregulated PA Gathering Pipelines). The bill was reintroduced in March of this year (see PA State Senator Introduces Bill to Regulate Gathering Pipelines). Once again PIOGA pushed back, and in June a compromise was reached to exclude pipelines running to “stripper wells”–i.e. low-producing conventional wells. With that compromise in place, both the PA Senate and House have voted to adopt the plan and it is now on its way to Gov. Tom Wolf’s desk for a signature, which is expected to happen…
    Read More “Shale + Large Conventional Gathering Pipes Added to PA One Call”

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    PA Republican Senate Changes Lease Terms for Landowners

    The Pennsylvania State budget is a complicated pile of…bills. At it’s core are three basic budget-related bills that implement the $31.9 billion state budget (unwisely) passed in June. It was unwisely passed because Republican lawmakers voted for a plan to spend money without having a way to pay for it. Stupid. PA Gov. Tom Wolf (liberal Democrat) demanded part of the new revenue required to pay for all that wild spending is to tax the Marcellus industry with a severance tax–on top of the existing impact tax (already the equivalent of a severance tax in other states). One of the three main bills to pay for the budget is the Fiscal Code bill–House Bill 674. HB 674 was adopted by the PA Senate on Monday (vote of 41-9). In the Senate version, which now goes to the House for final adoption, there are a number of “environmental riders”–or bits of legislation that have nothing to do with the budget or spending, but tacked on as a way of getting them passed without the mess of voting on them individually. Swamp politics. One of those provisions is “SECTION 1610-E” which gives drillers the right to reactivate old, non-producing wells after they have not been producing (and the lease considered terminated) under certain conditions…
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    PA Republican Senate Extends SE PA Drilling Ban in Newark Basin

    As MDN has explained in a companion story appearing today (see PA Republican Senate Changes Lease Terms for Landowners), the PA legislature has slipped a number of “environmental riders” into one of the final budget bills. The riders are bits of legislation that have nothing to do with the budget or spending, but tacked on as a way of getting them passed without the mess of voting on them individually. One of those riders affects the potential to drill for oil and gas in southeast PA. Back in 2012, an eleventh hour deal was snuck into the Pennsylvania budget signed into law by then-Gov. Tom Corbett (see Republicans Sneak SE PA Drilling Ban into Budget Deal). An amendment was introduced to the budget that established a moratorium on drilling in southeastern PA in the South Newark Basin, a small area which stretches from New Jersey through Bucks, Montgomery and Berks counties in PA. Caving to pressure from the libs that elect them, RINOs (Republicans in Name Only) placed an ongoing moratorium on any kind of drilling–test wells or otherwise–in their region. Disgusting. However, Section 1607, as it is called, had this provision: “This section shall expire January 1, 2018.” Senate Republicans have once again screwed the drilling industry by removing the expiration date, but leaving the moratorium in place. There are certain conditions that must be met according to 1607 (see them below), but practically speaking, we doubt those provisions will ever happen, meaning there will never be drilling in southeast PA…
    Read More “PA Republican Senate Extends SE PA Drilling Ban in Newark Basin”

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    EQT’s Equitrans Expansion Project Gets PA DEP Water Permit

    EQT’s Equitrans (pipeline) Expansion Project is on track to begin construction by the end of this year–likely sometime in November. We first covered this project in 2015 (see Time to Support EQT Mountain Valley & Equitrans Pipelines @ FERC). The Equitrans Expansion Project will upgrade compressor stations, add approximately eight miles of pipeline connectors to upgrade capacity on the Equitrans Pipeline from southwestern Pennsylvania into West Virginia. The $100 million project, when completed, will expand capacity on the Equitrans pipeline by 600 million cubic feet per day (Mmcf/d). The project when introduced was slated to be done by the end of 2018. Looks like they will keep that schedule. On Friday, October 13, 2017, the Federal Energy Regulatory Commission (FERC) issued a Certificate of Public Convenience and Necessity for both the $100 million Equitrans Expansion Project and $3.5 billion Mountain Valley Pipeline. The two projects are connected. On Saturday, the PA Dept. of Environmental Protection issued, via publication in the Pennsylvania Register, federal water crossing permits for the Equitrans Expansion Project. The bulldozers can’t be far behind…
    Read More “EQT’s Equitrans Expansion Project Gets PA DEP Water Permit”

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    PA Strippers Back in News, Supremes to Hear Synder Bros Case

    The Pennsylvania Supreme Court said last week it will accept a case about strippers–stripper wells, that is. In brief, in 2012 Pennsylvania passed the Act 13 drilling 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 with claims the Act 13 impact fees are now in jeopardy. The PUC is not letting it alone. They conscripted a sympathetic ally in the PA legislature to introduce a bill to “fix” the “loophole” (see PA Lib Dem Introducing Bill to “Fix” Strippers Once and for All). At the same time the PUC kept pushing on the legal front, and last week the PA Supremes agreed to hear an appeal of the case. Looks like those strippers just won’t go away…
    Read More “PA Strippers Back in News, Supremes to Hear Synder Bros Case”

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    PA Frankenstein House Bill Merges Severance Tax & Minimum Royalty

    As predicted earlier this week, yesterday the Pennsylvania House Finance Committee voted to approve a 3.2% severance tax on top of the existing 5%+ impact tax (see RINOsaur DiGirolamo Says Vote on PA Severance Tax Coming Soon). Democrats and mainstream media are nearly orgasmic–this is as far as any severance tax bill has ever gotten in PA. The bill, House Bill (HB) 1401, now goes to the full House for a vote–maybe. It remains to be seen whether or not House Speaker Mike Turzai will allow a vote in the full House. There are procedural ways to tie up the bill. While it’s a crap shoot as to whether or not the full House would pass a Marcellus-killing severance tax, there is a section in HB 1401 that is sure to kill the bill–a guaranteed minimum royalty for landowners of 12.5%. Don’t get us wrong–we think the minimum royalty issue is very important and deserves a vote. PA Rep. Garth Everett has championed the issue, introducing a bill to accomplish that objective three times in the last six years (see PA Rep. Garth Everett Reintroduces Minimum Royalty Bill, 3rd Time). No doubt HB 1401’s chief sponsor Gene DiGirolamo (RINOsaur from the Philadelphia area) is hoping to gain support from landowners for the severance tax by grafting on the minimum royalty provision–in the style of Dr. Frankenstein’s monster. Take a body part here (severance tax) and a body part there (guaranteed minimum royalty), sew it together (HB 1401) and shock it into life with a vote. Landowners should beware of this ruse. The minimum royalty issue needs to be addressed separately, on it’s own, and not part of a severance tax bill…
    Read More “PA Frankenstein House Bill Merges Severance Tax & Minimum Royalty”

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    PA Supreme Court Hears Arguments on DEP Request to Unblock Regs

    PA Supreme Court Justices

    In October 2016, after five years in the making, Pennsylvania adopted new shale drilling regulations (see PA’s New Chapter 78a Drilling Regs Go into Effect Oct 8). Although the regs were ready at the end of the Gov. Tom Corbett Administration, Corbett fumbled the ball and the regs didn’t get adopted, which left them vulnerable to the incoming left-leaning Tom Wolf Administration. Wolf’s people mangled the regulations under the Dept. of Environmental Protection (DEP) Dictator/Secretary John Quigley, who got fired over unethical collusion with Big Green groups. Some of the good stuff remained, but onerous new elements were introduced. The Marcellus Shale Coalition (MSC), which represents PA’s biggest shale drillers, filed an appeal in Commonwealth Court to block the most onerous aspects of the new regulations (see Marc. Shale Coalition Files Lawsuit to Block PA Chapter 78a Regs). The judge agreed to “temporarily” block some of the items in the MSC list (see PA Judge Temporarily Blocks Some DEP Chapter 78a Drilling Regs). In December, the DEP escalated the case by asking the PA Supreme Court to undo the block on those regulations imposed by the lower Commonwealth Court (see PA DEP Asks Supreme Court to Overturn Stay on New Regs). Yesterday the Supremes heard oral arguments in the case. Although one activist justice (Sallie Updyke Mundy) seems to want to grant the DEP’s request to allow the stopped rules from going into effect, several other justices appear to want to let the issue play out in the lower Commonwealth Court, preferring to goose the lower court into speedier action…
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    PA House Passes New Budget Bill w/No Sev. Tax, Wolf Demands Tax

    Yesterday the Pennsylvania House of Representatives passed House Bill (HB) 542 to try and finalize the three month plus late PA budget. This latest bill (see the summary below) uses mostly borrowing, against tobacco settlement money and small tax increases on online businesses and fireworks distributors to balance this year’s budget. The bill does NOT include a severance tax. Sounding like Johnny One-Note, PA Gov. Wolf immediately said any final deal must include a Marcellus-killing severance tax, or he won’t sign it. Some of the traitorous Republicans in the Senate still want to see a severance tax too (see Traitorous PA Senate Republicans Pass Severance Tax Bill). As we reported yesterday, RINOsaur Sen. Gene DiGirolamo believes a Senate committee will today report out his horrible 3.2% severance tax bill (see RINOsaur DiGirolamo Says Vote on PA Severance Tax Coming Soon). Talk of a 3.2% severance tax is false, because it would be added on top of the existing impact fee (i.e. tax) which is already the equivalent of a 5%+ severance tax. DiGirolamo’s bill, if passed, would vault PA into the position of having the highest effective tax on oil and gas in the country–killing any new Marcellus drilling in the state. Existing wells deplete over time, so in essence it would be a moderately slow death to the industry (and tax revenues from it)–dissipating to nothing in 5-10 years. Which is just fine for “Republicans” like DiGirolamo. At any rate, here’s the details on the House plan passed last night, with NO severance tax, and Johnny One-Note’s insistence on a tax…
    Read More “PA House Passes New Budget Bill w/No Sev. Tax, Wolf Demands Tax”

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    Antis Rally in PA to Stop Construction on ME2, Other Pipelines

    A group of anti-fossil/anti-pipeline radicals held a rally yesterday to spread lies and innuendo about the safety of pipelines in general, with a focus on stopping construction of the Mariner East 2 pipeline project in particular. Supposedly 150 people turned up (including Democrat lawmakers) to bash pipeline projects in the Keystone State. What mainstream media reports don’t tell you is that it was a staged event, organized by the loathsome Food & Water Watch–a Big Green group that lobbies against all fossil fuel projects. Media reports tell you a bunch of moms and dads and kids “negatively impacted” by pipelines showed up to plead their case. Bunkum. It was a publicity stunt, and the calls by these radicals to suspend pipeline construction are a pipe dream (pun intended). Here’s how it was reported, followed by the real story…
    Read More “Antis Rally in PA to Stop Construction on ME2, Other Pipelines”

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    Shell Gives Shout-Out to Center for Responsible Shale Development

    Greg Guidry is the executive vice president of Shell’s unconventionals business. That is, he’s in charge of shale drilling for the company. Talking to a reporter at the Energy Dialogues LLC’s North American Gas Forum earlier this month, Guidry said shale is “a future growth opportunity because of its long-term growth potential.” Guidry is interested in promoting shale as “a lower-carbon energy source.” He believes the way to properly promote shale gas is by partnerships between the oil and gas industry and non-governmental organizations (NGO). Guidry then used the Center for Responsible Shale Development (CRSD), a group headquartered in Pittsburgh, as the model for how such a partnership can and should be done. In March 2013, the Center for Sustainable Shale Development (CSSD) burst onto the scene. It had been a closely guarded secret, the creation of a few hand-picked people from both industry and the environmental movement working together to see if there is any common ground on which both sides can agree that shale development would be safe, sustainable AND affordable. They worked hard for over a year and finally hammered out a set of 15 standards that if a driller (or midstream company or contractor) would meet, it would get a stamp of approval from both the industry and environmental groups as being a good goobie–a safe driller. In January of this year the CSSD changed its name to CRSD–the Center for Responsible Shale Development (see Chevron Recertified as Safe Driller; CSSD Changes Name to CRSD). So far only four drillers have gone through the process of certification: Shell, Chevron, EQT and CONSOL Energy. Guidry wants to see more operators sign up…
    Read More “Shell Gives Shout-Out to Center for Responsible Shale Development”

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    RINOsaur DiGirolamo Says Vote on PA Severance Tax Coming Soon

    RINOsaur /ri-no-sor/ (noun) – 1. a very old (fossil-worthy) Republican-In-Name-Only, someone who, if he were truly honest, would have registered as a Democrat decades ago. 2. so-called moderate Republican whom voters should have been put out to pasture decades ago. 3. Gene DiGirolamo. Pennsylvania State Rep. Gene DiGirolamo, a Republican-in-Name-Only (RINO) from the Philadelphia area, has been trying to punish the Marcellus industry in the state since 2011 when he first introduced legislation to impose a Marcellus-killing severance tax. And pretty much every year since then he has re-introduced a severance tax bill. Sometimes it’s for 3.2%. Other times 4.9% (see our DiGirolamo stories here). It appears DiGirolamo just plucks a number out the air at random and goes with it. He plucked another one in May, introducing House Bill (HB) 1401, which would slap a 3.2% severance tax on all shale gas production, on top of the existing impact tax (see Tiresome: Philly RINO Rep Gene DiGirolamo Intros Severance Tax Again). At a rally to support the new bill, DiGirolamo was the only Republican. All the rest were socialists or Democrats. You have to hand it to old Gene–he is determined. Yesterday DiGirolamo said he thinks he now has enough fellow RINOs who will support his severance tax bill to report it out of committee and to the House floor for a full vote…
    Read More “RINOsaur DiGirolamo Says Vote on PA Severance Tax Coming Soon”

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    Bill to Reign in PA DEP, Other Agencies Takes Next Step

    Yesterday MDN told you about an effort under way in Pennsylvania to reign in the ever-expanding power of executive agencies in Pennsylvania, like the Dept. of Environmental Protection, by passing a law that requires the PA legislature to approve “economically significant” final regulations (see PA DEP Tries to Expand Its Power, Republicans Try to Reign It In). PA Rep. Dawn Keefer (R-Cumberland) previously introduced House Bill (HB) 1237, a common sense approach to step up the legislature’s oversight of regulatory agencies in PA. The House Commerce Committee reported the bill out yesterday. It now heads to the House State Government Committee, a committee working on the regulatory reform issue for some time. Below is a good description of the bill and what it would accomplish if enacted…
    Read More “Bill to Reign in PA DEP, Other Agencies Takes Next Step”

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    PA DEP Tries to Expand Its Power, Republicans Try to Reign It In

    A troubling development over the past generation or so has been the rise of executive agencies that formulate and adopt their own laws–without said laws being voted on by a legislature. Those new laws are called “regulations.” Long ago the legislative branch of government ceded some (much!) of its power to these agencies. Can you imagine a legislature debating over every new line in a Dept. of Motor Vehicles manual? Or debating standards for nuclear reactors? It was thought that specialists should oversee such minutiae, so the legislature delegated their authority to various executive branch agencies–like the DMV, Nuclear Regulatory Commission, and Environmental Protection Agency. Not only is this done at the federal level, it’s also done at the state (even local) level. On the state level in Pennsylvania, the Dept. of Environmental Protection (DEP) is charged with developing regulations to protect PA’s environment. The DEP sits in the executive branch–under the oversight of the governor (currently Tom Wolf). However, over the years the legislative branch has lost much of its oversight over the activities and new regulations adopted by these agencies. Coincidentally (or not), the PA DEP has just launched an effort to (our words) expand its power in making new regulations. At the same time, a Republican House member has introduced a bill that restricts regulatory agencies like the DEP, and gives the legislature more of a say in how they operate. Looks like a battle is shaping up in the Keystone State over the (expanding) role of the DEP…
    Read More “PA DEP Tries to Expand Its Power, Republicans Try to Reign It In”

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    William Penn Foundation Exposed: Funds Penn East Pipe Propaganda

    MDN friend Tom Shepstone (Natural Gas Now) has long pointed out that the William Penn Foundation funds a variety of front groups to push an anti-fossil fuel agenda. William Penn funds groups like the Sierra Club, THE Delaware Riverkeeper, and the New Jersey Conservation Foundation. William Penn also funds “news” outlets, including StateImpact Pennsylvania and NJ Spotlight. So this is how it happens: Riverkeeper, the Sierra Club and others issue wild claims about a project like the PennEast Pipeline, and then StateImpact and NJ Spotlight report it like it’s news. Incestuous. At the center of it all is the William Penn Foundation. MDN friend Kevin Moody does a great job of exposing this web of deceit targeting PennEast Pipeline in an article published on The Daily Signal
    Read More “William Penn Foundation Exposed: Funds Penn East Pipe Propaganda”

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    Further Thoughts on PA’s Severance Tax “Mess”

    Dan Markind

    Last week MDN published an opposing viewpoint about the current severance tax debate in Pennsylvania (see Guest Post: An Opposing View of PA’s Severance Tax “Mess”). Please take time to read it. MDN editor Jim Willis has high respect for the author, Dan Markind (a partner with law firm Weir & Partners). When we published his post, we introduced it with our own thoughts. Dan had asked for the opportunity to respond to our intro, which we readily agreed to. Below is Dan’s response. We bring it with no further commentary necessary here, other than we like Dan and appreciate his views, even the ones we may not agree with…
    Read More “Further Thoughts on PA’s Severance Tax “Mess””