Statewide PA

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    PA Royalty Bills Approved by Senate Panel, Sponsor Chides House

    Yesterday a Pennsylvania State Senate panel met to discuss two bills that would help landowners in their quest for more visibility into how royalties are calculated–and what kinds of expenses are deducted (see 2 Royalty Bills Focus of PA Senate Hearing Today). As we said yesterday, Senate Bill (SB) 138 will allow landowners the right to review drilling company records to verify proper royalty payment. It also requires drillers to pay royalties within 90 days of production. SB 139 prohibits drillers from “retaliating” against a landowner who questions royalty payments by canceling the lease or stopping drilling activity. Both bills were unanimously approved by the Senate panel and will go to the full Senate for a vote. However, as the bill’s prime sponsor Sen. Gene Yaw indicated, the Senate is not the problem. Last session the same thing happened–speedy passage by the Senate. Then the bills got bogged down in the PA House because they were attached to another bill that guarantees a minimum royalty of 12.5% regardless of post-production costs. That bill has proven toxic–vigorously opposed by the drilling industry. Sen. Yaw’s not-so-subtle message to the House: Don’t repeat the same mistake this year. Let these bills stand on their own…
    Read More “PA Royalty Bills Approved by Senate Panel, Sponsor Chides House”

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    FERC Delays PennEast Pipe 3rd Time, PennEast Spins as ‘Good News’

    PennEast Pipeline is a very important $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. It will feed local utilities and power generation plants along its route. In April 2016 the Federal Energy Regulatory Commission (FERC), which oversees permitting for the pipeline, told PennEast the agency would extend the amount of time they are taking until December 2016, rather than the original target of August, to complete their environmental review (see PennEast Spins FERC Delay as a Good Thing – Optimism or Denial?). It was (for us) a small red flag. Hey, it happens. Projects get delayed because regulatory agencies get bogged down. But then it happened again: FERC told PennEast they would once again move the goal posts and delay the final environmental review from December 2016 to February 2017 (see FERC Delays PennEast Pipeline Final Review – Again). Hmmm. Bigger red flag. Now FERC is doing it for a third time, which is a huge red flag in our book. FERC issued a statement on Friday to say the final environmental review now won’t happen until April. What’s going on? And why is PennEast once again spinning this as some sort of “good news”?…
    Read More “FERC Delays PennEast Pipe 3rd Time, PennEast Spins as ‘Good News’”

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    2 Royalty Bills Focus of PA Senate Hearing Today

    PA Sen. Gene Yaw

    Last week MDN brought you the news that several northeastern Pennsylvania counties are investigating an alliance to push for passage of a bill like last session’s House Bill (HB) 1391 to guarantee landowners receive a minimum 12.5% royalty regardless of post-production costs (see Northeastern PA Counties Explore Alliance to Pass Royalty Reform). However, landowners and those who support them in the PA legislature are not pinning all hopes on a guaranteed minimum royalty bill. Also proposed in the last session (2015/2016) were two bills meant to greatly assist landowners in their quest to monitor royalty payments and how they are calculated. In January 2015 (almost exactly two years ago) PA Senator Gene Yaw, who represents several counties in northeast PA, re-introduced Senate Bills (SB) 147 & 148 (see PA Senate Reintroduces Two Marcellus Royalty Bills, SB 147 & 148). “Re-introduced” in 2015 means both bills were introduced in the previous session (in 2013/2014). SB 147 would have allowed landowners the right to review drilling company records to verify proper royalty payment. It would also have required drillers to pay royalties within 90 days of production. SB 148 prohibits drillers from “retaliating” against a landowner who questions royalty payments by canceling the lease or stopping drilling activity. Both bills were embraced by the Pennsylvania chapter of the National Association of Royalty Owners (NARO). They both passed the Senate and stalled in the House. Now, for the third time (going on the sixth year) Sen. Yaw has re-introduced both bills again. This time they are called SB 138 & 139 (full copies below). Sen. Yaw isn’t wasting any time–he’s holding a hearing today to discuss both bills. Will this time be successful?…
    Read More “2 Royalty Bills Focus of PA Senate Hearing Today”

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    RINOs and Dems Ramp Up Severance Tax Bills in PA Legislature

    “As a dog returneth to his vomit, so a fool returneth to his folly.” (Proverbs 26:11, King James Version) We could think of no better way to convey the news that no less than three so-called Republicans from the Philadelphia area, and a plethora of Democrats, are in the process of introducing severance tax bills in the Pennsylvania State Legislature, once again. The bills range from assessing a 3.5% tax all the way up to 9%. We won’t repeat our many MANY arguments for why such a tax is just plain stupid. We’ll just share with you who (in the PA legislature) wants to steal money from landowners and drillers and give it to teachers’ unions…
    Read More “RINOs and Dems Ramp Up Severance Tax Bills in PA Legislature”

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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…
    Read More “Northeastern PA Counties Explore Alliance to Pass Royalty Reform”

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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…
    Read More “More on PA DEP’s Onerous New Methane Capture Regs”

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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…
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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”