Statewide PA

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    IFO Predicts PA Impact Fees for 2017 Will Soar, Near Record High

    Since 2012, Pennsylvania has collected the equivalent of a severance tax from Marcellus Shale drillers via something called an impact fee. Same concept as a severance tax. You drill a well, gas comes out, you pay a tax. Except with an impact fee you pay whether or not anything comes out of the ground, meaning an impact fee is superior to a severance tax, which is based on how much comes out of the ground. The impact fee quickly started to generate hundreds of millions of dollars a year in extra revenue for Pennsylvania–60% of which goes back to the communities where drilling happens (which Philadelphia politicians hate), and 40% of which goes to the black hole of Harrisburg for redistribution (which Philadelphia politicians love). Drilling began to slow in 2014, and crashed in 2015/2016, with low low commodity prices for natgas. The impact fee doled out this year is based on revenues raised last year, in 2016, during the worst part of the downturn. So it’s no surprise that impact fees collected and distributed this year, in 2017 have been the lowest since the impact fee began (see PA PUC Impact Fee Report: Revenue Down Again in 2016). 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 activity this year. The IFO just released an impact fee update (full copy below) with an outlook for 2017. The IFO predicts next year’s impact fee will generate around $222 million in revenue, which is very close to the highest amount generated thus far. Wow! What a swing in the pendulum–from lowest to near highest in one year…
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    Atlantic Sunrise Pipe Rally: ‘Time to Kick Politicians in the Ass’

    Last Thursday some 450-500 supporters, oil and gas industry workers and politicians gathered at the Shadowbrook Golf Course in Wyoming County, PA to express support for Williams’ $3 billion, 198-mile Atlantic Sunrise Pipeline project, most of which will get built in northeast Pennsylvania. The event was organized and sponsored by Cabot Oil & Gas, one of the major beneficiaries of the pipeline, and Williams, which will build and operate the pipeline. The overall purpose of the event was to give a metaphorical kick in the rear-end of Gov. Tom Wolf and his Dept. of Environmental Protection (DEP), which appears to be intentionally dragging its feet with granting stream crossing permits–about the only thing left before the backhoes fire up and start digging. The event, held from noon to 2pm, began with lunch–barbecue pulled pork and chicken–followed by a series of short speeches by political leaders from the region. With people gathered at tables, and some standing, a half dozen speakers stood on a giant flatbed trailer underneath what has to be the biggest American flag MDN editor Jim Willis has ever seen, hoisted and held between two large cranes (see the pic). The upshot of the speeches can best be summarized in a single statement delivered by Alan Hall, Chairman of the neighboring Susquehanna County Board of Commissioners, when he said: “It’s time to kick the politicians in the ass and get this [pipeline] done.” There were some other great one-liners too…
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    PA DEP Fines ME2 Pipe $87,600 for Single Violation, More Coming?

    Apparently under pressure from environmentalist wackos, last Friday the Pennsylvania Dept. of Environmental Protection (DEP) issued a statement that says, in essence, we’re on the back of Sunoco Logistics over problems with construction the Mariner East 2 Pipeline. Gov. Wolf and DEP Secretary McDonnell both felt it necessary to voice their “concerns” over some of the episodes that have happened with construction the twin Mariner East 2 NGL pipelines that will stretch from eastern OH to the Philadelphia area. According to the announcement, the DEP has so far issued 4 “Notices of Violation” and 1 “Consent Order and Agreement” with a fine of $87,600 for “inadvertent returns” (what we call leaks) of drilling mud and water at an underground horizontal directional drilling (HDD) location in Cumberland County, PA. To the best of our knowledge, this is the first we’ve heard of that spill. It was actually a series of spills (or leaks) over a number of different days. All told, some 160,000 gallons of drilling fluids came out of the ground at that location. In addition, the DEP released a table outlining 49 incidents–some just a few gallons, others several hundred (or several thousand) gallons of drilling fluid leaks. We have the list of 49 problem areas below, the details on the Cumberland County leaks, and the DEP announcement…
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    Clean Air Council’s Strange War Against Mariner East Pipeline

    The “most serious remaining legal challenge” to Sunoco Logistics’ Mariner East 2 Pipeline project is a challenge by the odious Big Green group, the Clean Air Council, based in Philadelphia. CAC claims in a court case in Common Pleas Court in Philly that ME2 violates the federal and state constitutions. The case takes up constitutional claims that have “not yet been addressed in other litigation.” It dawned on us when reading an account of the case and who says what about whether or not Sunoco has the right to use eminent domain and whether or not ME2 is a public utility, is why does the CAC even care? Why are they the ones bringing the lawsuit? After all, pipelines don’t pollute the air! Well, technically that’s not 100% true–pipeline compressor stations do emit some air pollution, depending on how they are powered (diesel engines). But at the end of the day, pipelines pollute the air far less than other forms of transportation, like trucks and trains. How does CAC even have “standing” to bring such a lawsuit? Of course the fact that CAC is litigating is a tip-off that there is Big Green money behind the effort–and CAC is just a tool being used in a wider collusion (conspiracy?) to stop the pipeline…
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    Chesapeake Tries to Wiggle Out of PA Royalty Lawsuit on Technicality

    In December 2015, Pennsylvania’s felony-indicted Attorney General, Kathleen Kane (now gone), brought a lawsuit against Chesapeake Energy, Anadarko and Williams accusing them of, among other things, royalty fraud (see PA Atty General Sues Chesapeake Energy, Williams for Royalty Fraud). In May 2016, MDN reported that Chesapeake and Anadarko had filed to dismiss Kane’s complaints against them, accusing Kane of attempting to litigate federal antitrust claims in state court (see Chesapeake, Anadarko Try to Wiggle Out of PA Royalty Lawsuit). In June 2016 Kane’s office fired back by filing a motion to keep the case in state, not federal, court. In August, U.S. Middle District Judge Christopher C. Conner granted Kane’s motion–the case stays in the state court system (see Lawsuit Against Chesapeake, Anadarko Heads Back to PA Court). We now have a new AG (thank God), but it’s the same case and once again Chesapeake and Anadarko are trying to get the lawsuit tossed–this time by saying the law that the AG claims was violated has to do with consumer protection–for people who buy things. Chessy & Anadarko argue landowners aren’t buying anything, they’re selling (minerals), so the law doesn’t protect them from predatory leasing practices. The Bradford County judge in charge of the case is considering their latest argument to wiggle out of the lawsuit, based on a technicality…
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    New Penn State Frack Wastewater “Study” Beats a Dead Horse

    Not long after Michael Krancer was appointed Secretary of the Pennsylvania Dept. of Environmental Protection in 2011, he “requested” (which was more order than request) that municipal sewage treatment plants still accepting and processing Marcellus drilling wastewater stop the practice. At the time there were 15 plants accepting Marcellus wastewater. Under pressure from Krancer, they ended the practice in May 2011 (see PA DEP, Marcellus Shale Coalition Admit Drilling Wastewater Likely Contaminating Drinking Water). His prescience was rewarded. A year later there were far lower bromide levels in PA rivers (see Marcellus Wastewater Ban Leads to Lower Bromide in PA Rivers). That’s how things should work: the state looks after its own environment. But that means less power for the power-mad bureaucrats in Washington, DC. Right on cue, before Obama was ejected from office next January 2017, his out-of-control EPA issued rules that do what Krancer did without a new law back in 2011. The EPA has issued a new regulation (i.e. unlegislated law) that declares no municipal sewage treatment plant in any state (not just PA) can accept and process shale wastewater (see EPA Bans Disposal of Frack Wastewater at Public Sewer Plants). Researchers at Penn State thought it would be fun to study this issue that no longer exists–disposing frack wastewater via municipal sewage treatment plants. They found evidence of “lasting environmental damage” in Conemaugh River Lake, claiming the damage came from Marcellus Shale wastewater treated at two centralized waste treatment (CWT) facilities years ago. Uh, OK. We already knew that. We already stopped it. But mainstream fake news is now treating this new “study” as some sort of revelation, implying one can never recycle frack wastewater again without grave consequences. More nonsense…
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    Research: Shale Dev in PA Leads to Spread of Invasive Plants

    While we wrote about a Penn State research study today that appears legitimate, but seven years too late (see New Penn State Frack Wastewater “Study” Beats a Dead Horse), there is another recently published Penn State study that is also legit that is not yet a huge issue, but certainly has potential to be a big deal. Penn State’s College of Agricultural Sciences has found that invasive, non-native plants are making significant inroads with shale gas development in Pennsylvania, with negative consequences for PA forests. How so? The invasive, non-native plants are hitching a ride on gravel and equipment used to create roadways in forested areas, and once those plants take root, they crowd out local, native plants. The study, titled “Unconventional gas development facilitates plant invasions” and published in the Journal of Environmental Management, concludes that more monitoring and early detection can help put a lid on the problem…
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    MSC: PA Impact Fee Far Superior to a Quick Fix Severance Tax

    Once again it’s necessary to counter the false narrative in Pennsylvania media that “Pennsylvania is the only state without a severance tax” and “a severance tax will magically fix our over budget mess.” Last week MDN brought you news that 12 so-called Republicans in the PA House were behind an effort to force a vote on a severance tax (see PA RINOs Pressure House Speaker to Allow Severance Tax Vote). The ring leader is Gene DiGirolamo, a RINOsaur (an old RINO, practically a fossil himself) from the Philly area. DiGirolamo has been agitating for a severance tax for more than five years. Responding to DiGirolamo and others braying for new severance tax, Marcellus Shale Coalition president Dave Spigelmyer sent a hard-hitting letter (fully copy below) on Tuesday to PA House Speaker Mike Turzai. Here’s just one fact from Dave’s letter, to set the record straight: “It is simply disingenuous for Rep. DiGirolamo and his colleagues to fail to acknowledge that Pennsylvania already has a tax on drillers – called the Impact Fee – which was enacted in 2012 and is levied on every unconventional natural gas producer in Pennsylvania. For context, Pennsylvania’s Impact Fee brought in more revenue in 2016 than the severance tax collections did in Ohio, West Virginia, Colorado and Arkansas combined.” Did you catch that? PA’s impact “tax” brought in more revenue that the severance taxes in four other major oil and gas producing states–combined. And yet the media, and RINOsaurs like DiGirolamo, persist in lying to the public and repeating, like a mantra, “We don’t have a severance tax, we don’t have a severance tax.” What they are really saying is that they don’t like how the tax revenue generated from the impact tax gets spent. DiGirolamo and his ilk would prefer to give the money away to teachers unions and other supporters–in political payoff–rather than have it go back to the communities where drilling happens, where there is an “impact” (hence the name). Here’s Dave’s hard-hitting, and very truthful, letter to Speaker Turzai, outlining the case against a new severance tax…
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    Antis’ Fake Outrage at ME2 Construction “Spills,” Demand Stop Work

    Anti fossil fuelers believe they have a new angle in their years-long war to prevent Sunoco Logistics Partners from building the Mariner East 2 twin pipelines across the state: drilling mud spills. When a pipeline company installs a new pipeline, the vast majority of pipe is laid in trenches. However, there are places (creeks, rivers, wetlands, roadways) where you can’t just dig a trench to lay the pipe. In those cases, you drill underground horizontally, something called horizontal directional drilling (HDD). When you drill through rock, you need drilling mud to cool the drill bit as it chews away. Drilling mud is typically bentonite, a non-toxic clay substance used to manufacture things like toothpaste, cosmetics and kitty litter. The only threat from bentonite is that it can smother aquatic life if enough is spilled. Or it can foul a water aquifer–making the water in your well cloudy for a period of time, until it settles. Such an instance recently happened in Chester County, when Sunoco’s drilling for ME2 fouled an aquifer, causing well water for some 15 homes to become temporarily unusable (see Sunoco Stops ME2 Drilling in Chester County Following Water Issue). Sunoco has agreed to run a nearby municipal water line to the affected homes. Sunoco is using HDD in a number of locations, to avoid disturbing surface structures. Along the way, a few gallons of benonite mud have gotten spilled here and there. Literally just a few gallons. But each time that happens, it must be reported. Big Green groups have gotten ahold of the reports and are now (via mouthpiece organizations like StateImpact Pennsylvania) proclaiming Sunoco has “already” experienced “61 drilling mud spills.” And based on that very misleading number (vast majority just a few gallons), those same Big Green organizations are demanding the Dept. of Environmental Protection’s Environmental Hearing Board close down construction, immediately. Stop all work on the pipeline–to give Big Green groups time to try and block the project permanently…
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    DRBC’s Anti-Fracking Chickens are Roosting – PA Slashes Funding

    For the past two years running, the Delaware River Basin Commission, a cooperative organization with five members–Pennsylvania, New York, New Jersey, Delaware and the U.S. Army Corps of Engineers–has received more than half a million dollars per year from PA as its dues to support the anti-drilling organization. The problem is, PA pays its full share, but states like NY and NJ consistently short-change the DRBC. PA Gov. Tom Wolf is a big DRBC fan. Wolf supports the DRBC’s ongoing ban of drilling in the Delaware River Basin–which unfairly denies landowners in Wayne and Pike counties (PA) from benefiting from Marcellus Shale drilling–Wolf’s own constituents. However, the DRBC’s gravy train from PA is now over. Gov. Wolf recently allowed the PA budget to pass, without his signature. Part of the budget bill whacks PA’s contribution to the DRBC to just $217,000 this year–less than half of what is has been getting. The effort to whack the DRBC came from PA representatives in northeastern PA, tired of the ongoing drilling ban. Looks like layoffs are coming to the DRBC. They don’t do a heck of a lot, so why not? Time to toss the bureaucrats out on their rear-ends…
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    Thailand’s Banpu Investing Another $293M in Northeast PA Shale

    Banpu CEO Somrudee Chaimongkol (credit: Nikkei Asian Review)

    From May 2016 to May 2017, Banpu Pcl, Thailand’s largest coal producer, has invested in no less than four deals to grab ownership of Marcellus Shale wells and leases in northeast Pennsylvania (see Thai Company Banpu Invests in Another 34 Marcellus Wells in NEPA). So far Banpu’s total investment has been $207 million. The wells they own generate 46 thousand cubic feet (Mcf) of natural gas per day. It seems that Banpu can’t get enough of the Marcellus in northeast PA. In an article running in the Bangkok Post yesterday, Banpu CEO Somrudee Chaimongkol said her company will set aside $293 million to invest in more Marcellus wells from now until 2020, hoping to goose production to 78 Mcf/d (an increase of 70%)…
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    PA RINOs Pressure House Speaker to Allow Severance Tax Vote

    RINOsaur Gene DiGirolamo

    A group of 12 Pennsylvania House of Representatives RINOs–Republicans in Name Only–have signed a letter to House Speaker Mike Turzai (full copy below) asking him to allow a vote in the House on a plan to impose a Marcellus-killing severance tax. We’re not really sure why the 12 run as Republicans–when they really aren’t Republicans, at least not in any meaningful way. Most of them come from the Philadelphia area, or other large population centers. The RINO ring leader is Gene DiGirolamo, a RINOsaur (an old RINO, nearly a fossil himself) from the Philly area, someone we covered for years because he keeps wanting to steal money from drillers and landowners to give away to his favorite causes (see our DiGirolamo severance tax stories here). On the other hand, PA Republicans have nobody to blame but themselves for this pressure. Republicans hold majorities in both chambers, and they passed an unbalanced, $32 billion budget–about $2 billion short of projected revenues. They should have had the intestinal fortitude to NOT OVERSPEND in the first place–but they didn’t. So they’ve left themselves open to extreme pressure from Democrats and RINOs. Now they must navigate this mess. An aside: If Republicans cave and implement a severance tax, it will lead to much-reduced drilling in PA. That’s a fact. PA drillers already pay a higher tax rate than other states with a severance tax–via an impact fee coupled with corporate income taxes (that other states don’t have). Just because PA’s taxes on drillers are not officially called a “severance tax” doesn’t mean drillers aren’t taxed. RINOs and Dems continually lie about that fact…
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    Fracking Makes More Babies…Who Knew?

    We’re not quite sure how to present this news. In some respects, we want to roll around on the ground laughing. In other respects, we’re angry at the semi “racist” overtones of a new “research” paper. We’ll report, you decide. A couple of researchers from the University of Maryland’s Dept. of Economics have published a so-called “working paper” via the National Bureau of Economic Research that finds a link between fracking and more babies. The paper, titled “Male Earnings, Marriageable Men, And Nonmarital Fertility: Evidence From The Fracking Boom,” says for every extra $1,000 of money earned by those working in the fracking industry, the pregnancy rate goes up by 6 births per 1,000 women. However, marriage rates don’t go up. The researchers say that people in rural pockets of Texas, Oklahoma, California and Pennsylvania who are connected to the fracking industry are “reproducing at a rate that far exceeds the national average.” In other words, those ignorant rednecks can’t get enough sex–IF they have lots of money coming in. However, those same rednecks feel no need to marry the women they knock up. Rednecks find it perfectly acceptable to shack up. That’s the MDN summarized version of the research…
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    PA Pipeline Investment Program Up & Running, $2.4M in Grants So Far

    Last November MDN brought you the delicious news that Pennsylvania would shift $24 million away from a boondoggle program called the PA Alternative Energy Investment Act and into a new program called the Pipeline Investment Program, or PIPE (see PA Gov Wolf Launches (Gasp) Pipeline Investment Program). The PIPE program helps fund construction of natural gas pipelines to manufacturers, hospitals and schools to provide clean-burning, abundant, cheap and home-grown Marcellus Shale gas to those organizations. Antis had a cow, but it’s a done deed. However, since last year, we have not heard anything about the program–until now. We spotted a blog post by the Fox Rothschild law firm that says the PIPE program is up and running and has awarded $2,442,274 via three grants so far this year…
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    Free Training Program for NatGas Jobs in SW PA, Eastern OH

    The Gas Technology Institute (GTI), based in Illinois, is doing the Marcellus/Utica region a huge favor. GTI has launched a pre-employment training program to introduce folks to natural gas pipeline operations. The four-week program provides a basic understanding of natural gas, the utility and pipeline industry, and different equipment, procedures and operations used. The program is aimed at students, veterans, displaced coal workers and others with an interest in getting a job with utilities, midstream (i.e. pipeline) companies and their contractors. Here’s the best part: The program is fully funded, so there is no tuition cost for those who qualify. The program is delivered via classroom at three participating colleges: Westmoreland County Community College and Butler County Community College (both in PA), and Washington State Community College (in OH). Here’s the lowdown..
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    PA Big Green Groups Attack Mariner East PR Agency – Too Effective

    Totally biased, Big Green-backed mouthpiece StateImpact Pennsylvania, funded in part by taxpayers via PBS (a travesty), as well as funded in part by anti-drilling organizations like the Heinz Endowments and the William Penn Foundation (which appear to control StateImpact’s “reporting”), is targeting a PR agency because the agency has the audacity to do good work for Sunoco Logistics and the Mariner East 2 Pipeline project. You see, in liberal anti-drilling land, it’s OK for antis to smear and lie and fabricate all sorts of falsehoods about pipeline projects–but it’s not OK for the object of those smears (i.e. Sunoco LP) to fight back and to present its side of the issue. As soon as you fight back and tell your side of the story, you’re “targeting” innocent people, you’re attempting to bully the little guy. You’re mean. You’re pedaling fossil fuel death. That’s how it works in Big Green land. A recent article on StateImpact PA attempts a smear job on PR agency Bravo Group because Bravo has the gonads to say this on their website: “We’re helping Sunoco Logistics build public and policyholder support for its Mariner East projects, an infrastructure investment of more than $3 billion. The goal: secure regulatory approvals, neutralize opposition and develop the Mariner East projects on budget and without capital losses.” The “neutralize opposition” phrase in particular set off the anti-pipeline crazies, so StateImpact created an entire story focused on that phrase. You know you’re being effective when they attack you with a smear campaign…
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