Statewide PA

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    Northeastern PA Counties Explore Alliance to Pass Royalty Reform

    One of the issues that isn’t going away is the demand by landowners in some Pennsylvania counties, like Bradford, for lawmakers in the state to pass a bill that guarantees them what they believe they are already guaranteed–a 12.5% minimum royalty, based on a 1979 law that states they should get such a royalty. We’ve extensively covered what we call a civil war between two parties who are otherwise friendly toward each other–landowners and shale drillers. Last year the issue came to a head with House Bill (HB) 1391 (see our list of stories here). In a nutshell, landowners say Chesapeake Energy and some other drillers are taking post-production deductions out of landowners’ royalty checks, resulting in royalty payments far below 12.5%. In some cases landowners are receiving bills for money owed to the driller–after the driller pulled the gas out of the ground! Who in their right minds leases land for drilling so they can PAY the driller! It is an outrage and landowners want it stopped. Drillers, on the other hand, say you can’t just change contracts after they’ve been signed, punishing the entire industry for the bad actions of a few. Drillers say the proper response is for landowners to sue the bad apples. Frankly, it’s all a mess. The new news is that landowners from Bradford and several other northeastern PA counties, tired of being outmaneuvered by drillers, are actively talking about forming an alliance to try and garner enough support in Harrisburg to get a bill like HB 1391 passed this year…
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    Heinz Endowments Gives Prof $48K to Find Frack Water Contamination

    Make no mistake. When the Heinz Endowments, a left-leaning, big-moneyed nonprofit invests its money via grants into programs that have anything to do with shale drilling, it is for one purpose and one purpose only: to smear the reputation of fracking and to make oil and gas look bad. They fund all sorts of “research” efforts that mysteriously always come to the same conclusion: fracking is bad. Funny how that works. So it was with interest we noted they’ve purchased for themselves another academic researcher rather cheaply–just $48,000–with a mission to test water wells near fracking sites. The aim? To prove that fracking contaminates water wells. Which is the claim made by groups like Heinz for years–and has never been proven. Millions of wells fracked, with a small number where methane has migrated into those wells (a fixable condition). NEVER has there been chemical transmission from fracking into groundwater wells. But that doesn’t stop Heinz from trying to manufacture evidence. Here’s their latest effort…
    Read More “Heinz Endowments Gives Prof $48K to Find Frack Water Contamination”

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    More on PA DEP’s Onerous New Methane Capture 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, are prompted by bullying from the federal Environmental Protection Agency, an agency which is about to get gutted (see Master Stroke: Trump Selects OK AG Pruitt to Lead EPA). That hasn’t stopped Gov. Wolf’s DEP from plowing forward with new rules (copies here). We spotted an Associated Press article that highlights some of the aspects of the proposed new methane capture rules…
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    PA DEP Rejects Revisions to Regs re Drilling Near Coal Mines

    Here’s a story we admittedly don’t know much about, a story that kind of came out of left field. It may affect some shale drillers in southwest PA. Sometimes drillers want to lease and drill under coal mines. Since coal mines sink large holes in the ground, there are existing guidelines in place for how closely an oil/gas well can be drilled on or under a coal mine–guidelines put in place in 1957. As a result of legislation passed in 2011 called Act 2, a review was conducted to see if the standards for oil/gas drilling near coal mines might be modified–we’re assuming “relaxed,” allowing such drilling to happen in conditions not currently allowed. A column of rock called a pillar needs to be of a certain size/width in order for drilling to take place. An independent study to review the size of pillars, called “Gas Well Pillar Study Update, PO 4300311202 and 4300400813,” was completed in March 2016. The PA Dept. of Environmental Protection (DEP) recently completed its own review of that study (copy of the DEP review below) and has rejected changing existing 1957 standards for pillar dimensions. Yeah, kind of technical. Short version: DEP is keeping super-strict standards in place claiming it’s safer for coal miners, limiting options for shale drilling under some coal mines…
    Read More “PA DEP Rejects Revisions to Regs re Drilling Near Coal Mines”

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    Buyer of FirstEnergy’s PA NatGas Power Plants Revealed

    FirstEnergy, based in Akron, OH, is one of the nation’s largest investor-owned electric systems, serving customers in Ohio, Pennsylvania, New Jersey, West Virginia, Maryland and New York. FirstEnergy owns a variety of regulated and non-regulated power generation plants. In November the company announced it wants to sell six power generating plants in PA, four of them natural gas-fired plants (see FirstEnergy Selling 4 NatGas-Fired Electric Plants in PA). The plants being sold are non-regulated–part of FirstEnergy’s strategy to become a 100% “regulated” utility in the next 18 months. In December FirstEnergy announced they found a buyer willing to pay $885 million for the four natgas plants in PA (see FirstEnergy Finds Buyer for 4 PA NatGas-Fired Power Plants). However, the buyer’s identity remained a secret–until now. LS Power Equity Partners III LP, a New York-based power developer, is the buyer of the four natgas-fired electric plants…
    Read More “Buyer of FirstEnergy’s PA NatGas Power Plants Revealed”

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    PA Senator Reintroducing Bill to Reduce Marcellus Waste Reporting

    PA State Sen. Elder Vogel

    On Tuesday, PA State Sen. Elder Vogel (Republican from Beaver, PA) circulated a co-sponsor memo that states his intent to re-introduce a bill that will remove some of the hassles drillers now face with the recent adoption of new Marcellus drilling regulations. Specifically, Vogel wants to change the DEP (Dept. of Environmental Protection) regulation requirement that drillers must file paperwork to report the amount and disposition of drilling waste–which would include wastewater and drill cuttings–from monthly to every six months. Every gallon of frack and produced water that comes out of a well, and every square inch of leftover rock and dirt, must be tracked and a report filed. The new Chapter 78a drilling regulations adopted by the DEP requires monthly reports to be filled out–a virtual blizzard of paperwork. Vogel wants to make it more manageable with biennial reports instead…
    Read More “PA Senator Reintroducing Bill to Reduce Marcellus Waste Reporting”

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    PA Gov Wolf Signals his Support for Mariner East 2 Pipeline

    PA Gov. Tom Wolf

    PA Gov. Tom Wolf has been, to be frank, a disaster as a governor. On many issues. But the issue that primarily concerns us is the oil and gas industry. Wolf will soon introduce his third budget and for a third straight year he will call for a Marcellus-killing severance tax. He still owes the teachers unions payback for supporting him and getting him elected. Wolf pretty much screwed up the Dept. of Environmental Protection (DEP) when he installed an anti-driller as its head, John Quigley. He later fired Quigley when it was discovered Quigley was colluding with Big Green groups. Given Wolf’s treatment of the industry, it was with some surprise to read that Wolf, in comments made to a Chamber of Commerce group last week, mouthed his support for the Mariner East 2 NGL (natural gas liquids) pipeline that will traverse the state. The pipeline is opposed by a few anti-fossil fuel zealots and some townships along its route. The DEP is reviewing permits for the project and the hints coming from Wolf and the DEP are that the project will receive its approvals soon. Which is really good news…
    Read More “PA Gov Wolf Signals his Support for Mariner East 2 Pipeline”

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    RINO PA Senator from Philly Introducing 5% Severance Tax Bill

    Why doesn’t it surprise us that a Republican-in-Name-Only (RINO) State Senator from the 6th District (Bucks County, Philadelphia suburbs) is not only in favor of, but sponsoring a bill to levy a Marcellus-killing severance tax? PA State Senator Robert “Tommy” Tomlinson, an establishment lifer who has been in the state legislature since 1991 (first as a Representative, later as a Senator), sent around a “Co-Sponsorship Memoranda” yesterday asking Democrats, and along with any suckers from the Republican Party, to co-sponsor a bill he plans to introduce calling for a new severance tax on Marcellus drilling. Tommy wants to tax Marcellus drilling an extra 5%, on top of the existing impact fee, which is a severance tax under a different name, to give the money to (you guessed it) teachers unions. Tommy wants transfer millions of dollars out of the pockets of landowners and drillers and into the sinkhole of the failing “unfunded” pension system for state workers and teachers. The instantaneous effect of Tommy’s tax would be to kill all drilling in the state, which apparently doesn’t bother Tommy in the least…
    Read More “RINO PA Senator from Philly Introducing 5% Severance Tax Bill”

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    EQT Wins Court Case Against PA DEP re $4.5M Wastewater Leak Fine

    In October 2014 the Pennsylvania Dept. of Environmental Protection (DEP) fined PA driller EQT $4.53 million for a leaky wastewater impoundment in Tioga County, PA (see PA DEP Levies Biggest Fine Ever, $4.5M Against EQT). While EQT did not say there wasn’t a problem with leaks at the site, they did say the way the DEP calculated the fine is unreasonable and arbitrary. In fact, EQT says the DEP levied the fine and took EQT to court because a few weeks prior EQT had sued the DEP over a different matter. EQT appealed the fine and the case to PA Supreme Court and a year later the high court handed EQT a “procedural victory” by saying EQT has a point about the manner in which the DEP is calculating the fine (see PA Supreme Court Gives EQT “Procedural Victory” in $4.5M Fine Case). The Supreme Court sent the case back to a lower court, PA Commonwealth Court, for follow up work. The work is done and EQT has won. A three-judge panel ruled that the method the DEP currently uses to assess fines–by how many days pollution lingers, instead of by how many days the initial release of pollution lasted–is not legal nor common sense. The judges said such a method in fining, “would result in potentially limitless continuing violations.” Under the old way of calculating fines, the DEP was considering upping the fine on EQT to an insane $157 million. Calculating it under the new way will mean a fine of around $120,000. This is a major victory for EQT and a reigning in of egregiously overzealous state regulators…
    Read More “EQT Wins Court Case Against PA DEP re $4.5M Wastewater Leak Fine”

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    PA Gov Wolf Asks for Severance Tax 3rd Year in a Row

    Pennsylvania Gov. Tom Wolf is…what adjective can we use? Recalcitrant. Stubborn. Pigheaded. Stupid. Perhaps all of the above. Wolf is clearly in over his head and the most ineffective PA governor in more than a generation. When he assumed office in 2015, he floated a budget calling for a new 5% severance tax on the Marcellus industry–a tax which even his supporters admitted would be closer to 17% (see PA Official Admits Wolf Severance Tax Highest in Nation @ 17.3%). Such a tax would literally kill the entire industry. That budget deal was a disaster. Wolf held up the budget for nine months into the new budget year, and finally caved (see Hubris: PA Gov. Wolf Caves on Budget, then Claims He Won). Beaten but unrelenting, Wolf came back last year with yet another severance tax proposal–this time an astonishing 6.5% tax (see More on Wolf’s New 6.5% Severance Tax – What Could of Been). What a putz. Yes, he lost again. Republicans held firm and he dropped his demand. As we’ve chronicled repeatedly, Wolf insists on such a tax because of his quid pro quo payoff to teachers unions for their support in getting him elected. Sleazy. PA already has a higher tax rate on natural gas than other oil and gas producing states. PA has an impact fee plus a corporate income tax. The two together are, on average, higher than the severance tax rates in Texas, Oklahoma, Louisiana, Colorado and other o&g states. We’ve already seen big Marcellus drillers leave and go to other states. A severance tax will greatly reduce the amount of drilling in PA. So, it’s now Wolf’s third year and he is about to release another budget. And you will not believe it. This dolt is calling for a severance tax again! Third year in a row! But he won’t say how high of a tax, at least not yet…
    Read More “PA Gov Wolf Asks for Severance Tax 3rd Year in a Row”

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    Bill Aims to Fix PA DEP Conflict of Interest re Penalty Revenue

    PA Sen. Scott Hutchinson

    Pennsylvania State Senator Scott Hutchinson says the PA Dept. of Environmental Protection (DEP) has a built-in conflict of interest. The DEP has broad powers of investigating and assessing fines and penalties on the oil and gas industry for violations of the rules the DEP itself makes. The icing on the cake is that the DEP gets to keep the money it levies in fines and penalties. Hmmm. You make up the rules, you get to aggressively enforce the rules, and then you get to keep the money that results. What’s wrong with this picture? Hutchinson says if you put someone else (the PA legislature, in this case) in charge of the money raised from the fines and penalties, that makes the situation a little more fair and balanced. We couldn’t agree more…
    Read More “Bill Aims to Fix PA DEP Conflict of Interest re Penalty Revenue”

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    Eastern Shore Files with FERC to Expand Delmarva Pipeline

    In July 2016 MDN told you about a smallish, but important pipeline project in the Delmarva Peninsula area, which includes most of Delaware and portions of Maryland and Virginia. Eastern Shore Natural Gas’ 2017 System Expansion project will bring new sources of natgas from an interconnection Eastern Shore has with the mighty TETCo (Texas Eastern Company) pipeline near Philadelphia (see PA/MD/DE Pipeline Project Heats Up with Open House Mtgs This Week). Although Eastern Shore, a subsidiary of Chesapeake Utilities Corporation, ran a non-binding open season in 2015, and although they pre-filed for the expansion project in May 2016, they have only just filed a full, official application with the Federal Energy Regulatory Commission (FERC). Originally the project was slated to run ~33 miles of pipeline looping in PA, MD and DE. That number seems to have gone down, to 23 miles. Compressor upgrades and other pipeline will also be added. Chesapeake Utilities, the parent company, calls the project the single largest such expansion in Eastern Shore’s history, a project that will bump up gas delivery volumes by 25%…
    Read More “Eastern Shore Files with FERC to Expand Delmarva Pipeline”

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    2 Failing Big Green Groups in PA Quasi-Merge, PennFuture & CVPA

    Two radical Pennsylvania-based “environmental” groups are not exactly merging–but almost. One group is the radical PennFuture, which gave rise to such luminaries as John Quigley (fired as Sec. of the PA Dept. of Environmental Protection), John Hanger (left the state, former DEP Secretary, ran for governor last time, lost, supports legalizing pot), and Cindy Dunn (currently Secretary of Dept. of Conservation and Natural Resources). PennFuture is tax exempt, yet it routinely engages in political activity in violation of its IRS 501(c)(3) status. The other group is Conservation Voters of PA, a 501(c)(4) advocacy organization affiliated with a political action committee (PAC). The two groups are combining certain portions of their operations–“policy, advocacy, and legal resources”–in an attempt to “hold legislators accountable, mobilize voters, and shine a spotlight on candidates’ records on clean air, water and energy issues.” Our view is that their organizations’ membership and donations are dwindling and this is two failing organizations clinging to each other so they don’t slip beneath the waves into oblivion…
    Read More “2 Failing Big Green Groups in PA Quasi-Merge, PennFuture & CVPA”

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    Climate Radicals Protest in Philly Against Trump’s Cabinet Picks

    Some 200 leftist/radical bought-and-paid-for “protesters” (paid by Big Green groups) “rallied” in downtown Philadelphia yesterday in front of both of PA’s U.S. Senate office (Bob Casey, total jerk and Democrat hack, and Pat Toomey, marginal Republican). They were protesting President-elect Trump’s picks to run the EPA, Dept. of Energy and Dept. of Interior–calling them “climate deniers.” This is part of a national campaign paid for by radical environmental groups, like 350.org and the Sierra Club, groups totally invested in the theory that mankind is causing the earth to catastrophically heat up–even though the temperature record doesn’t back up the theory. Holding silly banners like “NO CLIMATE DENIAL CABINET” they paraded around, collected their paychecks, bought a few dime bags of weed while they were in the ‘hood and generally had a good time. What’s really offensive is that these same idiots demanded that Republicans rubber stamp Obama’s radical cabinet when he assumed office–which stupid Republicans did. These same “protesters” now demand the victor (yes, Trump won) cave to their childish demands. Fortunately Trump is a different kind of Republican and doesn’t back down from a fight…
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    Towns Near Philly Collude with CAC to Block Mariner East 2 Pipe?

    Several townships in the Philadelphia orbit appear to be colluding with each other and with the Philadelphia-based Clean Air Council in passing nearly identical resolutions opposing the Mariner East 2 natural gas liquids pipeline. Eight townships or boroughs along or “close to” (meaning not along) the route in Delaware and Chester counties have published resolutions or proclamations badmouthing the project. The municipalities include: Edgmont, West Goshen, Thornbury, Middletown, Westtown, Rose Valley, Swarthmore and Media. Some of the self-incriminating evidence for collusion comes from an admission by one of them: “The community statements are similar to each other because of consultation between their leaders.” And this, from the odious Clean Air Council: “Alex Bomstein, a lawyer with the environmental group Clean Air Council, said that while there are other local campaign such as those in Lebanon and Huntingdon Counties, the efforts in Delaware and Chester Counties are more ‘developed’ in the Philadelphia suburbs. ‘There are more people organizing than elsewhere,’ he said, probably because of a greater population density closer to Philadelphia.” Why would the StateImpact Pennsylvania propagandist quote the CAC in the same article as the colluding towns, unless they were somehow tied together?…
    Read More “Towns Near Philly Collude with CAC to Block Mariner East 2 Pipe?”

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    Radical Democrat PA House Member Tossed to Curb by his Own Party

    Rep Greg Vitali

    Sometimes crazy, wacko environmentalist Democrats in the Pennsylvania legislature are so far left, so crazy, so wacko, it’s even too much for the PA Democrat party. Such is the case with “outspoken” (we’d say loud-mouthed) Rep. Greg Vitali, from the Philadelphia area. We’ve written a number of articles prominently mentioning Rep. Vitali, who wants PA residents to use less natural gas (see PA Rep. Vitali Wants to Force Residents to Use LESS Natgas). However, the wacko Vitali has burned bridges in Harrisburg. He has aggressively crossed swords with PA’s Dem Governor, Tom Wolf, after Wolf understandably fired John Quigley as Secretary of the Dept. of Environmental Protection when Quigley was caught using a private email account to collude with his buddies in the Big Green movement (see Smoking Gun: Copy of the Email that Got John Quigley Fired). Vitali savaged Wolf for not supporting Quigley (see PA Dems Eating Their Own – Turn on Gov. Wolf over Quigley Firing). Since last June, Vitali has continued his infighting and it’s now caught up with him. He arrived in his office in Harrisburg one day to find a computer, and the person who operates it, being reassigned to the the new chairman of the House Environmental Resources and Energy committee–a committee Vitali used to chair. It was the first he’d heard of being tossed to the curb…
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