Statewide PA

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    Past PA Biz Roundtable Pres. Wants Severance Tax to Build More Pipes

    As the Pennsylvania budget deadline looms (June 30th), the Democrats and RINO Republicans are out in full force pushing, like a broken record, the dead issue of a severance tax. For the next nine days (or more, if the budget doesn’t pass on time, which is likely), we will have to hear about the Grand Canyon budget gap that exists, and how only soaking drillers (and landowners) to use THEIR money, will fix it. Johnny one tune. Every argument we’ve read always says money from a severance tax is needed to help fund the general budget. So when we spotted an opinion column that argued for the severance tax so the state can use the money to build more pipelines to areas without pipelines, so more residents can use natural gas, we thought that was kind of unique and funny. No, building more pipelines is not a good reason to impose a severance tax. It’s nothing more than yet another way to try and get one passed, and once in place, change the things it funds. In other words, it’s a lie. This particular view was offered by the former president of the Pennsylvania Business Roundtable. He’s also someone who’s “spent four decades in and around state government.” In other words, a swamp dweller. And establishment insider–the establishment in this case located in Harrisburg. So we’re not surprised that he wants a Marcellus-killing tax. It’s just dressed up in pretty platitudes…
    Read More “Past PA Biz Roundtable Pres. Wants Severance Tax to Build More Pipes”

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    Babst Calland Report: Resurgence of M-U Industry & Challenges Ahead

    The legal beagles of top energy law firm Babst Calland recently released their seventh annual energy industry report called, “The 2017 Babst Calland Report – Upstream, Midstream and Downstream: Resurgence of the Appalachian Shale Industry; Legal and Regulatory Perspective for Producers and Midstream Operators.” This latest annual review chronicles the comeback of the Marcellus/Utica and what challenges lie ahead. In an MDN exclusive, we have the first seven pages of the 74-page report (see below), along with details on how you can request a full copy. Worth the read! Here’s an overview…
    Read More “Babst Calland Report: Resurgence of M-U Industry & Challenges Ahead”

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    New Infrastructure Group Makes Gives Shale Industry Helping Hand

    The TriState Infrastructure Council (TSIC) was founded in Pittsburgh in late 2016 to “serve a broad-based business community during the critical next few years by attracting and deploying investments in infrastructure projects in Ohio, Pennsylvania and West Virginia.” With infrastructure upgrades, the region will be able to realize economic growth resulting from petrochemical manufacturing and related industries in the Appalachian basin. One of the driving forces behind TSIC is a name you are likely familiar with: Kathryn Klaber. Katie Klaber founded and until a few years ago led the Marcellus Shale Coalition. She opted to focus on her consulting practice following the MSC and is now managing the TSIC. The TSIC organization was founded with a group of A-list companies located in the region. At this week’s Northeast U.S. Petrochemical Construction conference in Pittsburgh, Katie unveiled an exciting new project to map infrastructure in an 82-county region throughout the Ohio River Valley. The aim is to identify missing/key/critical infrastructure components and then work to set up public-private partnerships to get those components built. The TSIC is looking at “electric transmission and distribution, pipelines, natural gas and natural gas liquid storage capacity, reliable locks and dams, rail networks, roads and bridges, water and sewer, building sites, barge loading/unloading facilities, broadband, fiber optics, and air service, among others.” And yes, the Marcellus/Utica shale is the linchpin that holds it all together–makes it all possible–and the raison d’ĂŞtre for the TSIC. Here’s more on the new infrastructure database, the TSIC, and how they are giving the shale industry a big assist…
    Read More “New Infrastructure Group Makes Gives Shale Industry Helping Hand”

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    Showdown: Comparing PA Impact Fee to WV Severance Tax

    Yesterday 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), released the final numbers for impact fee revenues and disbursements in 2016 (see PA PUC Impact Fee Report: Revenue Down Again in 2016). Revenues were from the impact fee were down for the third straight year. And since politicians in Harrisburg are in the midst of budget negotiations and attempting to close a perennial gap in the budget, we have no doubt the hew and cry will go out, yet again, to enact a severance tax on shale gas and oil–either in addition to or on top of the impact fee. We’ve written about PA Gov. Wolf’s (and his fellow Democrats’) manifestly dumb idea of implementing a severance tax (see our numerous stories on the topic here). The new argument that will be used in Harrisburg is this: If we only had a severance tax, we wouldn’t experience as much of a decrease in revenue as we have with an impact fee. This post aims to debunk that claim. In fact, an impact is far superior to a severance tax (the tax “everyone has but us here in PA”). Why so? Because, as the numbers below show, PA’s decrease in revenue from an impact fee has been far less than the drop in severance taxes in other states, like West Virginia…
    Read More “Showdown: Comparing PA Impact Fee to WV Severance Tax”

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    PA PUC Impact Fee Report: Revenue Down Again in 2016

    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. Today is the appointed day for 2016 impact fees. The PUC reports impact fees on natural gas producers in 2016 totaled $173,258,900–the lowest annual revenue generated from the fee to date (since the fee began in 2011). 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 will no doubt be reflected in 2017 impact fee revenues. We have the PUC press release below, 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 2016? Washington County. The driller paying the most in impact fees in 2016? Range Resources. The municipality receiving the most revenue from impact fees? Interestingly, that would be Cummings Township–in Lycoming County. Here’s the 411 on impact fees (i.e. taxes) raised and spent in PA for 2016…
    Read More “PA PUC Impact Fee Report: Revenue Down Again in 2016”

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    PA Court Rules Fracking Not ‘Abnormally Dangerous’ Under PA Law

    An article in the left-leaning Harrisburg Patriot-News has this incendiary opening: “Is it ‘abnormally dangerous’ to drill and frack for oil under a massive oil refinery, particularly if that well is bored beneath a tank filled with 3.6 million gallons of gasoline? A decision issued by a divided Commonwealth Court panel on Monday will give a Pennsylvania community a chance to find out.” In a court decision filed on Monday, the Commonwealth Court of Pennsylvania will allow a driller to drill and frack a well that is close to (but not directly underneath) the above-ground 3.6 million gallon petroleum tank. At first blush, especially when reading an opening like the one in the Patriot-News story, the average reader would think such a plan is stark raving mad. But when you dig into the details, a far different story emerges. As usual, mainstream media misrepresents many of the facts. We’re here to sort it out for you…
    Read More “PA Court Rules Fracking Not ‘Abnormally Dangerous’ Under PA Law”

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    NEPA Landowners Fight to Sue Chesapeake’s Partners

    We’re going to take a stab at this, and we are not confident we will get it 100% right. With that as a warning, we recently reported that a case brought by landowners in northeastern PA against Chesapeake Energy over unwarranted royalty deductions suffered a bit of a setback (see Chesapeake Scores Court Victory to Prevent PA Royalty Class Action). Essentially, the landowners (in this case Scout Energy) argued that since the leases signed say royalty disputes must go to arbitration, we want mass arbitration. A class action, in other words. In May, U.S. District Judge Matthew Brann of the Middle District of Pennsylvania (overseeing the case) issued an opinion that said Chesapeake is right in demanding each case get arbitrated individually–not as part of a class action. The landowners in four cases (all of which seem to be joined, or at least moving along together) filed briefs last week to make a new argument. And here’s where we are not 100% sure, but we think the argument is this: OK, we have to go to arbitration and now it has to be individually. However, there are other defendants named in the case (Anadarko, Williams, Statoil, Mitsui E&P). Since the lease language says the lease is between the landowner and the driller (i.e. Chesapeake), that means the other defendants are NOT covered by the arbitration clause and we (the landowners) can still sue them as a class action. Why? Because (allegedly) those companies colluded together with Chesapeake to “reduce, restrain or eliminate competition for gas and mineral rights, operations rights and gathering serves in multiple counties in Northern Pennsylvania.” Oy vey! It keeps getting more complicated as the days go by…
    Read More “NEPA Landowners Fight to Sue Chesapeake’s Partners”

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    MSC Tells PA DEP What it Thinks of Onerous New Methane Regs

    In December 2016, the Pennsylvania Dept. of Environmental Protection (DEP) unveiled new regulations to clamp down on methane emissions and other other air pollution that allegedly comes from shale drilling sites (see PA DEP Releases New Regs re Methane & Air Pollution at Drill Sites). The onerous new regulations, not in effect yet, were originally prompted by bullying from the federal Environmental Protection Agency. Even though EPA pressure has disappeared under President Trump, PA Gov. Wolf still intends to push forward with these onerous (frankly, disastrous) regulations. According to the DEP, the proposed General Permit 5A (GP-5A) and the revised General Permit 5 (GP-5), “establish updated Best Available Technology (BAT) requirements for the industry regarding air emission limits, source testing, leak detection and repair, recordkeeping, and reporting requirements for the applicable air pollution sources.” After some final tweaks, the DEP released draft versions of the new permits (i.e. regulations) in February (see PA DEP Seeks Public Comment on Regs for Methane, Compressor Stns). The shale industry is calling this a potential 5-alarm fire–a direct threat to Marcellus drilling (see Unmasking PA DEP’s War on Shale via Methane Regulations). The Marcellus Shale Coalition (MSC) has raised awareness of this issue from the beginning, and attempted to work with the DEP to modify the rules. To no avail. The DEP presses forward. So the MSC filed their own official, specific objections to both GP-5 and GP-5A with the DEP last week. We scored a copy of those comments and have them below…
    Read More “MSC Tells PA DEP What it Thinks of Onerous New Methane Regs”

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    Reminder: Public Hearings This Week for Atlantic Sunrise Pipeline

    Just a quick reminder that the Pennsylvania Dept. of Environmental Protection is conducting four public hearings, beginning today and running through Wednesday, for the Williams Atlantic Sunrise Pipeline project. If there is any way you can make it to one of the hearings to show your support for the project, do it! Below is the DEP announcement sharing the locations for the hearings. Today are two hearings, both from 6-9p, one in Tunkhannock and the other in Lancaster. Tomorrow the hearing is in Bloomsburg, and Wednesday in Annville. Come out to support this critical pipeline project…
    Read More “Reminder: Public Hearings This Week for Atlantic Sunrise Pipeline”

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    Homeless Shelter, Drug Program, Others Get PennEast Pipe Largesse

    PennEast Pipeline has just released a list of 11 non-profit organizations receiving grants of “up to” $5,000 from the pipeline company. It’s not the first time (see our PennEast grant stories here). In fact, by our count, this is the eighth round of community grants given by PennEast. So far the company has handed out more than $600,000 to local organizations, making a huge difference in the communities where the pipeline is due to run. In this latest round: a homeless shelter, an anti-drug abuse campaign, and a number of first responders (police and fire departments). Here’s a rundown on the latest batch of groups to benefit from this important pipeline project… Read More “Homeless Shelter, Drug Program, Others Get PennEast Pipe Largesse”

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    Unmasking PA DEP’s War on Shale via Methane Regulations

    Since the beginning of this year, MDN has warned our readers about a push by the Pennsylvania Dept. of Environmental Protection (DEP) to revise methane emissions rules, something called Air Quality General Permit 5 (GP-5), and Air Quality General Permit 5A (GP-5A). According to the DEP, proposed GP-5 and GP-5A, “establish updated Best Available Technology (BAT) requirements for the industry regarding air emission limits, source testing, leak detection and repair, recordkeeping, and reporting requirements for the applicable air pollution sources.” The Marcellus industry perceives the changes to be a threat to the future of the industry in the state (see DEP GP-5 & 5A Regs – Imminent Threat to PA Marcellus Drilling). In March, MDN editor Jim Willis heard former PA DEP Secretary Mike Krancer say if GP-5A is enacted as written, it will result in a 12-18 month moratorium on new production in Pennsylvania (see Big News from the O&G Awards Northeast Industry Summit). This week Mike Krancer and another expert provided testimony to the PA House of Representatives State Government Committee Hearing about GP-5 and 5A, sounding the alarm and making the case that the PA DEP is unfairly targeting the shale industry with these revised regulations. We go a step further and call it a war on the shale industry…
    Read More “Unmasking PA DEP’s War on Shale via Methane Regulations”

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    Attack of the Clones: 10 PA Legislators Use Fractivist Form Letters

    It seems the Pennsylvania Dept. of Environmental Protection (DEP) has some air cover in its war against the Marcellus Shale industry (see Unmasking PA DEP’s War on Shale via Methane Regulations). The DEP has support from 10 PA legislators who have become fractivist tools by all using the same form letter/template in writing to the DEP. It’s really kind of funny. Below we have a copy of all ten letters so you can see for yourself. The letter signers (since they didn’t actually write them) are from eight PA House Democrats (Dom Costa, Dan Frankel, Robert Freeman, Patty Kim, Stephen Kinsey, Daniel Miller, Greg Vitali, Jake Wheatley), and from two PA Senate Democrats (Art Haywood, Sharif Street). Each form letter starts the same way: “It is critical that as a Commonwealth we continue our efforts to protect our residents and the environment from emissions associated with natural gas drilling.” And the drivel goes on from there. Oh, each one varies a word here or there, but make no mistake, this is form letter fractivism, plain and simple. Look for yourself at the Attack of the Clones…
    Read More “Attack of the Clones: 10 PA Legislators Use Fractivist Form Letters”

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    PA Court Rules Compressor, Gas Well Not “Single” Emission Source

    A somewhat obscure court case in Pennsylvania has potentially big implications for drillers who also own pipeline subsidiaries. In Lycoming County, PA, Seneca Resources (subsidiary of National Fuel Gas Company) drilled a series of wells on a pad called Well Pad E. Another NFG subsidiary, NFG Midstream, connected gathering lines to Well Pad E. NFG Midstream operates a compressor station to push the gas through the pipeline system. Both the well pad and the pipeline/compressor station are subject to air emissions regulations by the state Dept. of Environmental Protection (DEP). Each subsidiary on its own–the well pad, and the compressor station–don’t produce enough emissions to trip a costly upgrade in technology. However, if you combine both together into a single “source,” the two together do cross the threshold and would cost NFG big bucks in emissions technology to comply. The DEP lumped both together and told NFG to upgrade their emissions technology. Thing is, if another company owned the pipeline system, say Williams, the DEP would not have tried combining the two into a single source. So NGF appealed the DEP decision to the Environmental Hearing Board (EHB), a quasi-court set up to hear appeals of DEP decisions. The EHB found in favor of the DEP, so NFG appealed it again, this time to PA Commonwealth Court. Last week the court overturned the DEP decision and said just because two subsidiaries have the same parent, you can’t just lump them together as a single source for air emissions regulations… Read More “PA Court Rules Compressor, Gas Well Not “Single” Emission Source”

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    Rutgers Study Says Williams Pipeline to NYC Econ Boost of $327M

    Transco Northeast Supply Enhancement Project map – click for larger version

    In May 2016, Williams’ Transcontinental Gas Pipe Line Company (Transco) pre-filed with the Federal Energy Regulatory Commission (FERC) for a project called the Northeast Supply Enhancement project (see Williams Pre-Files with FERC to Expand Transco Pipeline in PA, NY). The new project will increase pipeline capacity and flows heading into northeastern markets. In particular, Transco wants to provide more natural gas to utility giant National Grid beginning with the 2019-2020 heating season. National Grid operates in New York City, Rhode Island and Massachusetts. At the time of pre-filing, Williams ran an open season to lock up commitments for the Northeast Supply Enhancement project (see Williams Announces Open Season for Northeast Supply Enhancement). The open season worked. National Grid committed to all 400,000 dekatherms (400 million cubic feet per day) of extra gas the project will provide. In March 2017, Williams filed a full, official application for the project (see Williams Files with FERC to Expand Transco Pipeline to NYC, NE). No doubt anticipating stiff opposition from lunatic anti-fossil fuelers, Williams commissioned an independent, third party study of the project with Rutgers University. Yesterday the Rutgers researchers released their comprehensive study (full copy below) that finds the Transco Northeast Supply Enhancement project, which will cost $1 billion to build, will generate $327 million in additional economic activity (GDP) in Pennsylvania, New Jersey and New York. In addition, the project will directly and indirectly generate 3,186 jobs during the one-year construction period, resulting in an estimated $234 million in labor income. This is great news for PA, NJ and NY residents…
    Read More “Rutgers Study Says Williams Pipeline to NYC Econ Boost of $327M”

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    Wireless Device Monitors Abandoned PA Wells for Fugitive Methane

    What if there was a small device, about the size of a paperback novel, that could sniff the air and detect fugitive methane, escaping into the atmosphere? And what if that small device was operated with rechargeable batteries, and the batteries recharged every day using solar energy? And what if that device could also then transmit data about the air quality via the internet to servers back at HQ? And what if it could operate remotely, like at an abandoned well site? Dream no more. Such a device exists. We first heard about PixController’s Optical Methane Emissions Detection System (OMEDS) when it won a $25,000 prize from the 2015 Shale Gas Innovation Contest (see Winners of $100K for 2015 Shale Gas Innovation Contest Announced). The OMEDS has just won a second prize, the Global “Internet of Things” Challenge for Innovation, a contest held in Barcelona Spain. Seems innovations happening in the Marcellus are making international headlines… Read More “Wireless Device Monitors Abandoned PA Wells for Fugitive Methane”

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    Antis Score Small Victory Against ME2 Pipeline re Eminent Domain

    The radical Philadelphia-based Clean Air Council (CAC) has scored a very small, but notable, victory in it’s battle to block Sunoco Logistic Partners’ from building the Mariner East 2 Pipeline project. Last Thursday a judge with the Philadelphia Court of Common Pleas allowed a case filed by CAC to proceed. The case claims that Sunoco cannot use eminent domain powers granted by the State of Pennsylvania to force its way through properties where the landowner refuses to cooperate, because (CAC claims) the pipeline is technically not an intrastate pipeline (only located in PA), but is instead an interstate pipeline (crossing the border into Ohio). The judge said the case has enough merit that it can go to trial. We call it a small victory because Common Pleas court is the lowest trial court in the state. There are several layers higher where appealed cases are decided. This is more of a statement than a serious threat. But let’s play “what if.” What if CAC wins, and on appeal, wins again?…
    Read More “Antis Score Small Victory Against ME2 Pipeline re Eminent Domain”