Statewide PA

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    Last Minute Attacks Fail to Stop Mariner East 2 Pipeline Progress

    We appear to be in the final death throes of radical environmental efforts to block the construction of Mariner East 2–a $2.5 billion, 306-mile natural gas liquids (NGL) pipeline that will run from eastern Ohio through the state of Pennsylvania to the Marcus Hook refinery near Philadelphia. Last week the Pennsylvania Dept. of Environmental Protection (DEP) gave its final approval for the project (see Finally! PA DEP Issues Final Permits for Mariner East 2 Pipeline). It didn’t take long for a coordinated attack from the the enviro left–THE Delaware Riverkeeper, the Philadelphia-based Clean Air Council and the Mountain Watershed Association (see Maya & Friends Sue (Once Again) to Stop Mariner East 2 Pipe). On Thursday they asked the PA Environmental Hearing Board to block construction until they can figure out a new way to try and stop the project, claiming “irreparable harm” will happen if construction proceeds. On Friday a judge refused their request. They asked the judge to reconsider a few hours later, after they had manufactured new “evidence” for the judge. Meanwhile, supervisors in West Goshen (a Philly suburb) filed a complaint against Mariner East 1 and 2 with the PA Public Utility Commission, in a apparent effort to stop any new construction there. Try as they might to stop it, this pipeline is about to get built…
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    Pro-Severance Tax Unions Give 600% More than O&G to PA Campaigns

    Rep. Greg Vitali

    Pennsylvania State Rep. Greg Vitali, from the Philadelphia area, is an environmental extremist. In the past, he’s floated plans to force Pennsylvanians to use less natural gas (see PA Rep. Vitali Wants to Force Residents to Use LESS Natgas). Nobody, except some media outlets, pay any attention to him. He’s so far left even his own party has disowned him, removing a committee assignment from him and reassigning personnel away from his office (see Radical Democrat PA House Member Tossed to Curb by his Own Party). But Vitali needs to keep his name in the news–for reelection purposes. So a few weeks ago he popped back up again with a faux report that says “the system is rigged” in Harrisburg with respect to failing to pass a severance tax. That the reason a severance tax is not enacted is, according to Vitali, because of the money spent by Big Oil & Gas on lobbying and in campaign contributions. Of course mainstream media covers this nonsense without ever bothering to verify the claims. Here’s the facts Vitali won’t tell you in his report. While Marcellus industry PACs did spend $1.1 million last year in campaign contributions, government union PACs spent a whopping $7.8 million in campaign contributions! Of that, some $2.7 million was spent by Big Education unions–the same unions that contributed money to Vitali’s campaign. Huh. That fact got conveniently left out of all the reporting about the “unfair” advantage the Marcellus industry has. Let’s see, unions (in favor of the severance tax) are spending $7.8 million around, while shale (against the jobs-killing tax) is spending $1.1 million. Unions are spending 600% more than the shale industry–yet the shale industry has an “unfair” advantage. Tell us again how that works, Rep. Vitali…
    Read More “Pro-Severance Tax Unions Give 600% More than O&G to PA Campaigns”

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    Chesapeake Energy 2017: Less New Drilling in M-U, More DUC Work

    Yesterday Chesapeake Energy provided a glimpse into their plans for 2017. In Chessy’s “gudiance” for 2017, we learn that the company plans to up the number of active drilling rigs (nationwide) from 10 to 17. We also learn that last year Chessy spent ~$1.75 billion to drill 213 new wells, and place 428 wells into production–the difference between the two numbers being they finished up already-drilled wells, or DUCs. This year? They will spend ~$2.5 billion to drill ~400 new wells–essentially doubling the number of wells drilled–and place ~450 into production. The only problem (from our perspective) is that most of the drilling will happen in places other than the Marcellus/Utica. Of the new wells they plan to drill, only 10-15 new wells will get drilled in the Marcellus, and 40-50 new wells in the Utica. Chessy says they will complete and turn into production 50-60 Marcellus wells in 2017, and 70-80 Utica wells. Translation: Not a lot of new drilling in our neighborhood, with more of an emphasis on completing already-drilled wells…
    Read More “Chesapeake Energy 2017: Less New Drilling in M-U, More DUC Work”

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    Maya & Friends Sue (Once Again) to Stop Mariner East 2 Pipe

    Mariner East 2 map – click for larger version

    Well that didn’t take long. On Monday the Pennsylvania Dept. of Environmental Protection (DEP) issued their final water and erosion permits to Sunoco Logistics to build the 306-mile Mariner East 2 natural gas liquids (NGL) pipeline (see Finally! PA DEP Issues Final Permits for Mariner East 2 Pipeline). Even though anti-drilling radicals, like Maya van Rossum (THE Delaware Riverkeeper), the Philadelphia-based Clean Air Council and the Mountain Watershed Association have repeatedly sued (and lost) to stop the project, they sued again on Monday following the DEP announcement. The three groups filed an appeal with the Pennsylvania Environmental Hearing Board, a special type of court set up to hear appeals of decisions by the DEP. In an interview, Miss Maya lashed out at her own party, blaming Democrat Gov. Tom Wolf for supporting the pipeline project. She is, of course, on the leftmost fringe of the environmental movement–no pipeline anywhere for any reason is acceptable because pipelines flow evil fossil fuels. But you can’t just file a lawsuit to stop a pipeline because you have batty beliefs about them. You need an excuse, something a liberal judge can use as justification to grant your wish. In the case of Miss Maya & friends, they claim Mariner East 2 provided an “incomplete and deficient” application, and that by granting the permits, the DEP is covering up and/or ignoring the deficient application…
    Read More “Maya & Friends Sue (Once Again) to Stop Mariner East 2 Pipe”

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    Important Shell Ethane Cracker Webinar on Feb 27

    We want to alert you to an upcoming webinar that will be worth your time. On Feb. 27 at 2 pm, NGI (Natural Gas Intelligence) will host a webinar titled, “Cracking the Ethane Code in Appalachia,” all about the Shell ethane cracker. NGI’s ace reporter Jamison Cocklin (MDN editor Jim Willis knows Jamison and has the highest regard for his reporting and writing) will moderate. On the call will be an all-star cast: Don Rush, VP of CONSOL Energy; Jim Cooper, American Fuel & Petrochemical Manufacturers; Denise Brinley, PA Department of Community and Economic Development; and Danielle Sandusky, Level 2 Energy. The webinar will help answer questions about the size and scope of the cracker, whether (and how) the cracker will impact drilling decisions, what about competition from other crackers along the Gulf Coast, and more. Below is more information, and a link to register for this FREE webinar…
    Read More “Important Shell Ethane Cracker Webinar on Feb 27”

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    Finally! PA DEP Issues Final Permits for Mariner East 2 Pipeline

    Mariner East 2 Pipeline – click for larger version

    Game, set and match. Finally, after five circuses, er, a, public hearings, and 29,000 form letter comments, the Pennsylvania Dept. of Environmental Protection (DEP) has issued the final Chp. 105 (Water Obstruction and Encroachment) and Chp. 102 (Erosion and Sediment Control) permits for the Mariner East 2 pipeline project. PA has cleared the project to begin construction–there are no more permits required from PA. However, before the bulldozers start, there is one remaining hurdle: permission from the U.S. Army Corps of Engineers (which under President Trump, is a foregone conclusion). Mariner East 2, as a reminder, is a $2.5 billion, 306-mile natural gas liquids (NGL) pipeline that will run from eastern Ohio through the state of Pennsylvania to the Marcus Hook refinery near Philadelphia. It will flow mostly ethane, but also propane and butane. There have been numerous legal battles and roadblocks thrown up by some of the townships along the route–but that’s now behind us. Oh, there’s still a few troublemakers (see Towns Near Philly Collude with CAC to Block Mariner East 2 Pipe?), but their troublemaking will go nowhere. This has been a long time coming, and a cause to celebrate…
    Read More “Finally! PA DEP Issues Final Permits for Mariner East 2 Pipeline”

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    PennEast Pipeline Gets 401 Water Quality Certificate from PA DEP

    PennEast Pipeline proposed route – click for larger version

    PennEast Pipeline is reporting a major milestone in getting their project approved: the Pennsylvania Dept. of Environmental Protection last Friday awarded the pipeline a 401 Federal Clean Water Act “Water Quality Certification.” PennEast is a $1 billion, 118-mile, primarily 36-inch pipeline that will get built from Dallas (Luzerne County), PA to Transco’s pipeline interconnection near Pennington (Mercer County), NJ. Although the PA DEP’s water certificate is certainly good news, it comes not long after a continuing cloud over the project–yet another delay by the Federal Energy Regulatory Commission (see FERC Delays PennEast Pipeline Final Review – Again). FERC was supposed to issue a final environmental assessment for PennEast last August. Then it got changed to December. Then it got changed to this month, February. There will almost certainly be a fourth delay as there are now not enough FERC Commissioners to vote on the assessment (since Norman Bay quit in a huff, see FERC Commissioner Resigns Threatening Major M-U Pipeline Projects). However, for now, let’s revel in the current good news for the project…
    Read More “PennEast Pipeline Gets 401 Water Quality Certificate from PA DEP”

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    PA Lawmakers Push Back Against DEP’s Draft Methane Regs

    In December 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 is likely to disappear under President Trump, PA Gov. Wolf still intends to push forward with these regulations. After some final tweaks, the DEP released draft versions of the new permits (i.e. regulations) last week, opening them up for public comment over the next 45 days. However, chairman of the Pennsylvania House State Government Committee, Rep. Daryl Metcalfe, sent a letter to the DEP (full copy below) to let the DEP know they have overstepped their bounds in issuing the draft permits. Metcalfe accuses the DEP of “lack of transparency, accountability and judicious use of regulatory authority.” In other words, cease and desist. Another PA legislator, Sen. Guy Reschenthaler, introduced a bill in January that would prohibit PA from adopting regulations that are stricter than federal standards. It seems the DEP has a fight on its hands–from the PA legislature…
    Read More “PA Lawmakers Push Back Against DEP’s Draft Methane Regs”

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    10% of PA Farms Received Avg $154K in Lease/Royalties in 2014

    Some farms not only produce products like milk, meat, eggs and/or crops–some farms produce energy. Would it surprise you to learn that in 2014 (the most recent year with stats available), energy companies paid farmers a staggering $2.9 billion for the energy extracted from private farms? The U.S. Dept. of Agriculture posted a brief blurb from their Amber Waves magazine yesterday, recounting stats from a report released last November. The report, “Trends in U.S. Agriculture’s Consumption and Production of Energy: Renewable Power, Shale Energy, and Cellulosic Biomass” (full copy below) points out it’s not just oil and gas extraction that farmers receive income from. Some farmers lease their land for solar and wind generation. Some biomass. However, it was one particular chart and stat that caught our attention: About 9.6% of Pennsylvania farms received energy income in 2014. The average amount received, per farm? $157,000! Almost all of that revenue came from the Marcellus Shale…
    Read More “10% of PA Farms Received Avg $154K in Lease/Royalties in 2014”

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    PA Landowner Wins Case Against Chesapeake re Royalty Deductions

    Paul Sidorek, an accountant representing some 60 northeastern Pennsylvania landowners who receive royalty income from drilling, is also a landowner himself. In 2009 Sidorek leased 145 acres, a lease that was eventually sold to Chesapeake Energy. Because of the troubles encountered by others, Sidorek wrote into his lease a 20% royalty and made sure the lease explicitly stated that no expenses could be deducted from the sale of the gas produced on his property. That is, NO post-production expenses could be deducted. And yet, Chesapeake disregarded the lease and deducted as much as 30 percent from his royalties, attributing it to “gathering” and “third party” expenses, an amount that adds up to some $40,000 a year (see Chesapeake Short-Changes PA Landowner on Royalty Checks). Sidorek fought Chesapeake in court, and ended up in arbitration. The arbitrator has just ruled–in Sidorek’s favor. The good news is that a PA landowner has gotten some justice against Chesapeake’s sleazy practice. The bad news is that it’s not a precedent and can’t be used in other court cases…
    Read More “PA Landowner Wins Case Against Chesapeake re Royalty Deductions”

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    PA Case Highlights Risk in Using Non-Lawyer to Negotiate Lease

    In August 2013 an extensive investigative article about a then-director for the Pennsylvania Game Commission, William A. Capouillez, appeared in the Philadelphia Inquirer (see PA Director of Game Commission Double-Dipping with Gas Leases?). The article spotlighted a potential conflict of interest between Capouillez’s day job and his moonlighting side job as an agent for property owners who lease their land for oil and gas development. The issue? He was signing private deals with the same companies that often work with his state agency. The State Ethics Commission did a lengthy investigation and three years later, the Commission levied a $75,000 fine, which Capouillez agreed to pay (see Former PA Game Commissioner Fined $75K for Lease Moonlighting). Although he paid the fine, Capouillez remained defiant and said the fine is a tiny fraction of the original fine sought–an indication of his vindication. There is new litigation involving Capouillez. One of the leases he negotiated was on behalf of the Laurel Hill Game and Forestry Club with Range Resources. The way Capouillez constructed his leases was that he would get a cut, a percentage, of any lease signing bonus and ongoing royalty payments, in return for the leases he brokered. Range never drilled on Laurel Hill’s property, but they did start to push dirt around a few hours before the lease expired as a way of holding the acreage (some would call their action a less-than-honorable practice). Laurel Hill sued Range and the lawsuit was later settled by drafting up a new lease with new terms. The new lease/terms were not brokered by Capouillez and he was cut out of the deal–so Capouillez sued both Laurel Hill and Range. The moral of the story, according to lawyers writing about the case, is to never use non-lawyers to represent you in lease negotiations…
    Read More “PA Case Highlights Risk in Using Non-Lawyer to Negotiate Lease”

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    Drexel Study Claims Fugitive Methane Increasing in the Marcellus

    For those of us in a certain generation, you will recognize this: Fred, Daphne, Shaggy, Velma…and of course, Scooby-Doo! If you were raised watching cartoons on Saturday morning, and you watched Scooby-Doo, do you remember the name of the van they traveled around in? That’s right, the Mystery Machine! An image of the Mystery Machine is what floated through our brain as we read about the latest venture in researching air quality in Pennsylvania near drilling sites. Researchers from Drexel University (in Philadelphia) set out across Marcellus territory in “Drexel’s Mobile Laboratory, a Ford cargo van equipped with all the equipment necessary for measuring concentrations of chemicals and particles in the air at 1-10 second intervals while driving.” The Mystery Machine! And what, pray tell, did our intrepid Marcellus sleuths find be-bopping around the countryside? In the recently published study, “Analysis of local-scale background concentrations of methane and other gas-phase species in the Marcellus Shale” (full copy below), researchers say they found that even though the number of Marcellus wells being drilled has slowed quite a bit over the past few years, the amount of fugitive methane in the air has increased. And the increase can’t be explained by a general global increase in fugitive methane. The increase in fugitive methane in the Marcellus is due, our methane sleuths say, to the “increased production of natural gas from the region which has increased significantly over the 2012 to 2015 period.” The researchers conclude that “because everybody knows how evil and nasty fugitive methane is for global warming” (our words), this study is yet more evidence that Marcellus shale drilling (and pipelines, etc.) leak so much methane as to make any benefits we get from extracting and burning methane, over say coal, muted–even lost. Because we can’t put a cork in it, by extracting and using methane we’re making poor old Mom Earth even sicker. Which is, of course, total bunkum…
    Read More “Drexel Study Claims Fugitive Methane Increasing in the Marcellus”

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    County Reaction to PA Gov. Wolf’s 6.5% Severance Tax: “Insane”

    Yesterday MDN brought you the disappointing news that Pennsylvania Gov. Tom Wolf, America’s most liberal governor, has once again introduced a 6.5% severance tax plan as part of his 2017 budget (see PA Gov Wolf’s New Budget Calls for 6.5% Severance Tax (Again)). As part of that story we brought you some initial reaction to the proposal. We have some more reaction. Needless to say, PA counties are not impressed with the plan. Although Wolf claims counties will still see their cut of the current impact tax, counties see through the ruse. A county commissioner from Bradford, Doug McLinko, has this blunt assessment of Wolf and his severance tax plan: “I think the governor is insane.” That about sums it up. Hey, we didn’t say it! Doug did. Here’s what else Doug had to say about Wolf’s budget plan, along with some Republican legislators from the Philadelphia area…
    Read More “County Reaction to PA Gov. Wolf’s 6.5% Severance Tax: “Insane””

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    PA Gov Wolf’s New Budget Calls for 6.5% Severance Tax (Again)

    Yesterday Pennsylvania Gov. Tom Wolf released his 2017 budget proposal. Twice before, Wolf has attempted to levy a severance tax Marcellus drilling in the state–in addition to the existing impact tax. A severance tax would cause drilling in the state to stop, by giving PA one of the highest severance tax rates in the nation. (Yes, drillers do have other options and will go to other shale plays!) However, in this new budget, Wolf is once again attempting to impose a severance tax–this time 6.5% (same as last year)–as a payback to the teachers’ unions that helped elect him. Wolf’s plan this year is to transfer away nearly $300 million from drillers and landowners, via a high severance tax, and give it to “education.” As soon as Wolf was done with his divisive budget address yesterday, top Republicans declared the severance tax plan dead–about as dead as Wolf’s fledgling reelection effort…
    Read More “PA Gov Wolf’s New Budget Calls for 6.5% Severance Tax (Again)”

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    Anti-Pipeliners Meet with PA DEP Sec. McDonnell, Get No Satisfaction

    Acting Pennsylvania Dept. of Environmental Protection (DEP) Secretary Patrick McDonnell held a “hastily arranged” meeting on Monday with several antis who are opposed to Sunoco Logistics Partners’ Mariner East 2 pipeline project. You may recall these same antis predicted the DEP would grant the final permits needed for Mariner East 2 last Friday (see Mariner East 2 Permits May Come Today – Antis Foment Civil Unrest). But as they so often are, they were wrong yet again. The permits did not appear on the appointed day. However, the permits are expected soon, and no doubt McDonnell held the meeting to help prepare them for that eventuality. (Snowflake antis have delicate sensibilities, dontcha know.) The meeting went on for some 70 minutes. The antis tried to get the DEP to further delay the project with another useless public comment period. The DEP has already received over 29,000 public comments–what’s left to be said? At the end of the meeting, the antis got (our words, their sentiment)–“no satisfaction”…
    Read More “Anti-Pipeliners Meet with PA DEP Sec. McDonnell, Get No Satisfaction”

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    PA DEP Seeks Public Comment on Regs for Methane, Compressor Stns

    In December 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 (to be published “soon”) were originally prompted by bullying from the federal Environmental Protection Agency. Even though EPA pressure is likely to disappear under President Trump, PA Gov. Wolf still intends to push forward with these 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 has just released draft versions of the new permits (i.e. regulations), opening them up for public comment over the next 45 days. At the end of that time, we expect it will take a month or so and then the DEP will publish the revised permits and they will become (in essence) the law. Below we have the DEP’s announcement in releasing the draft permits, along with copies of the draft permits and associated documentation…
    Read More “PA DEP Seeks Public Comment on Regs for Methane, Compressor Stns”