Statewide PA

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    Twitter Fight Over PA HB 1391 Royalty Bill

    tweetmeChanneling our inner Joan Rivers: Can we talk? It hurts when a good friend publicly criticizes you. It feels like you’ve been stabbed in the back. Perhaps a case of public criticism is one of the reasons for the developing rancor (we call it a civil war) between landowners and the Marcellus industry in Pennsylvania. Landowners are upset that their royalty checks are, in some cases, pennies–as in less than one dollar. Drillers claim that super low prices they receive for the gas are to blame–that nobody is making money right now. Landowners say that drillers (e.g. Chesapeake Energy) are deducting post-production costs that they shouldn’t be allowed to deduct, resulting in worthless royalty checks. For a number of years landowners in Pennsylvania have supported legislation to force drillers to pay a minimum 12.5% royalty, which is stipulated under a 1979 law. Drillers say post-production costs are written into many contracts and if it’s there, landowners must live by the contract. It’s turning into a mess. We’ve covered it extensively (see our articles on HB 1391). When we write about it, it’s from the perspective of a broken heart that we have a civil war brewing. When mainstream media writes about it, it’s typically with some degree of glee and happiness that “the other side” has infighting going on. An article appearing in today’s Pittsburgh Post-Gazette does a good job of summarizing what we’ve previously posted on the issue. However, the Post-Gazette article adds one new bit of information we didn’t know about: earlier this summer there was a Twitter fight/dust-up between PA-NARO (National Association of Royalty Owners) and the MSC (Marcellus Shale Coalition)…
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    DCNR Blocks New Marcellus Drilling on PA State Lands

    DCNR logoWhat happens when you put a virulent anti-driller in charge of a state’s forestry service, a state that previously had a small, safe, healthy program to allow some shale drilling, giving taxpayers a break with a source of new revenue? Of course the anti-driller immediately tries to quash any more new drilling efforts. And that’s just what has happened with former PennFuture president and current Secretary of the PA Dept. of Conservation and Natural Resources (DCNR), Cindy Dunn. We called for her firing back in June when she was caught using–we’d say misappropriating–taxpayer money to send her staff to Big Green reeducation events (see Time to Fire Cindy Dunn, Last of Wolf Admin’s PennFuture Radicals). But no. She remains at her post, obstructing drilling in any way she can. The latest in her efforts is an updated plan from the DCNR’s Bureau of Forestry, which manages 2.2 million acres of state lands, in which the DCNR pledges to block any new Marcellus drilling on state lands and outlines their plans to begin hassling those who own mineral rights under state lands (and can legally extract shale gas) by requiring “definitive proof” that they own the mineral rights. In other words, they’re going to try and tie rights owners and drillers up in so much red tape, they’ll never even think about drilling a new well on state land…
    Read More “DCNR Blocks New Marcellus Drilling on PA State Lands”

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    Deep Dive: PA Royalties Civil War Between Landowners & Drillers

    civil-warFor the past few days MDN has chronicled what we’ve named a royalties civil war happening between Pennsylvania landowners and the Marcellus drilling industry in the state–two groups usually on the same side. The war revolves around royalty checks–and how meager they are (see Righteous Royalty Anger: PA Town Votes to Block Gas Production and Civil War: Bradford PA Escalates Fight with MSC re Royalty Bill). As we’ve previously explained, an oversimplification is landowners maintain that a 1979 PA law guarantees landowners a 12.5% royalty regardless of expenses involved in extracting the gas, and drillers say no, landowners must abide by the contracts they’ve signed and if those contracts allow post-production costs to be deducted before calculating a royalty, the rate may go lower than 12.5%–sometimes to zero and below. Chesapeake Energy is the primary offender, according to landowners. The issue is complex, but at its core is (according to landowners) about fairness. We’ve located two excellent bits of information, one an article, another an email, that explains both sides. The article is from the Houston Harbaugh law firm and does a great job explaining the landowners’ view of the issue, and their desire to pass House Bill (HB) 1391. The email was from the Marcellus Shale Coalition to members of the PA legislature, sent to them last June to explain why, in the opinion of the drilling industry, HB 1391 is unconstitutional and a bad choice. These two views clearly lay out the issues involved so everyone can understand why we are facing a civil war among the ranks…
    Read More “Deep Dive: PA Royalties Civil War Between Landowners & Drillers”

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    Bradford Votes to Hire PR Firm, Targets PA Lawmakers re Royalties

    doug-mclinko
    Doug McLinko – Bradford County Commissioner

    As we predicted yesterday, Bradford County, PA commissioners have voted to hire a public relations firm to create a video to force the issue of passing House Bill (HB) 1391, a bill ensuring PA’s landowners will receive a 12.5% royalty check regardless of post-production costs (see Civil War: Bradford PA Escalates Fight with MSC re Royalty Bill). The commissioners did indeed vote yesterday, budgeting $15,000 for the project–money that will ironically come from royalty payments received by the town. The commissioners explained a bit more about their proposed publicity campaign to force Harrisburg to take notice of their plight…
    Read More “Bradford Votes to Hire PR Firm, Targets PA Lawmakers re Royalties”

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    Civil War: Bradford PA Escalates Fight with MSC re Royalty Bill

    civil-warYesterday MDN reported that Wilmot Township, located in one of the most-drilled counties in Pennsylvania (Bradford County) has taken the unusual step of demanding that drillers (in particular Chesapeake Energy) stop flowing natural gas from drilled wells unless/until they start paying landowners a minimum 12.5% royalty for the gas produced (see Righteous Royalty Anger: PA Town Votes to Block Gas Production). In August MDN reported that at the county level in Bradford County, the same issue has turned personal and somewhat nasty–with Bradford County Commissioners chairman Doug McLinko (a big pro-gas guy) blaming the Marcellus Shale Coalition and its leader David Spigelmyer for blocking a vote on House Bill (HB) 1391 that would rectify the royalty issue (see PA Landowners, Drillers Fight over HB 1391 Minimum Royalty Bill). McLinko called Spigelmyer a “reverse Robin Hood” last month. The fight continues and now escalates. Today, McLinko and the other commissioners in Bradford are set to vote on hiring a public relations firm to produce several short videos so the county can use those videos in a state and national PR campaign. McLinko says the MSC’s lobbying against royalty reform has cost Bradford County “probably $100 million” and the new campaign aims to get HB 1391, or something like it, passed…
    Read More “Civil War: Bradford PA Escalates Fight with MSC re Royalty Bill”

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    Dominion Locks Out Union Workers at Compressor Stations/Pipelines

    lockoutYesterday MDN reported the story that Dominion Transmission has decided to lock out union members from working at their jobs in Dominion installations over a contract dispute (see Dominion Locks Out Labor Union Workers in WV-PA-OH-NY-VA-MD). We asked the question of whether and how this might affect certain ongoing projects at Dominion. Apparently some of our comments about Dominion “union busting” rankled some MDN subscribers and may have led them to feel as though we’re taking sides in this issue. In this case, we are not taking sides. We are (uncharacteristically) remaining neutral and simply reporting what we observe based on press reports. We have a number of updates today, including comments from Dominion about why they took the action they took, the response from UGWU Local 69, and clips from stories showing that indeed, as we feared, some of the workers locked out are workers at Dominion compressor stations and pipelines. The somewhat hopeful news is that both sides are set to meet today in West Virginia with a federal mediator for more talks on settling the dispute…
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    Righteous Royalty Anger: PA Town Votes to Block Gas Production

    angerResidents in Wilmot Township (Bradford County), PA are mad as hell over shorted royalty checks–and they aren’t taking it anymore. Yesterday Wilmot Township’s three supervisors passed a resolution demanding, “production be discontinued from wells where landowners are having their royalty checks diminished to nothing or nearly nothing.” That is, they want to block natural gas production from existing shale wells drilled in a town smack in the middle of one of the most-drilled places in Pennsylvania. We’ve long chronicled the fight between landowners and some (certainly not all) drillers who are screwing them out of royalty payments by claiming inflated post-production costs. The issue first came to prominence with claims by landowners signed with Chesapeake Energy, who claimed Chessy had cut a sweetheart deal with its former midstream company (Access Midstream) whereby Access bumped up its charges for piping gas which Chesapeake claimed as an expense and deducted from royalty checks, and then Access turned around and invested big money into the old mothership company (see Chesapeake Shafting Landowners out of Royalties Mess Gets Messier). A group of Bradford County landowners were among the first to sue Chesapeake over the scheme (see Bradford County, PA Landowners Sue Chesapeake over Royalties). Several bills have been offered over the past few years to correct the situation by legislating that landowners get a minimum 12.5% royalty for any gas produced, regardless of post-production costs. The most recent effort, which has come the closest to passing, is House Bill (HB) 1391. However, the Marcellus industry has steadfastly lobbied against it (see PA Landowners, Drillers Fight over HB 1391 Minimum Royalty Bill). Exasperated landowners in Wilmot have had enough and have taken the symbolic (but likely unenforceable) step of telling drillers to turn off their spigots until they’re ready to conform to a 1979 PA law that guarantees landowners a 12.5% minimum royalty for oil and gas production…
    Read More “Righteous Royalty Anger: PA Town Votes to Block Gas Production”

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    MSC to PA Legislators: Welcome Back, Don’t Screw Up Marcellus

    welcome backWe scored a copy of a refreshingly honest (blunt) assessment of the Marcellus industry in Pennsylvania. The letter was written by the Marcellus Shale Coalition’s vice president of government affairs, James Welty. It’s dated August 29 and was written and sent to all Pennsylvania legislators in both the House and Senate. The legislators have been enjoying themselves on summer holiday break and are now returning to work, with just a couple of weeks left in the legislative session. The PA House is in session for 2 1/2 more weeks and the Senate for 1 1/2 weeks (final day is Nov. 15 for each). There’s not much time left to handle the people’s business in 2016. Welty’s letter to the legislators is a frank assessment of the current down market faced by PA’s shale drillers. Welty tells lawmakers that recently adopted Article 78a rules will mean drillers spend an additional $2 million per well to drill–a budget buster for many drillers. He also says PA has the highest effective tax rate on drilling in the country at 12.3%. Although PA doesn’t call it a severance tax, it essentially is a severance tax and costs more than any other oil and gas state, contrary to the lies by Democrats who lust for more money to give away. Give this frank assessment of our beloved industry a read–it’s worth your time to see how the industry characterizes the current landscape in PA…
    Read More “MSC to PA Legislators: Welcome Back, Don’t Screw Up Marcellus”

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    PA NatGas Production 2Q16 – DUCs Shrink, Production Grows

    IFO logoIn the past we’ve been pretty critical of the Pennsylvania Independent Fiscal Office (IFO). It claims to provide revenue projections for use in the state budget process along with “impartial and timely analysis of fiscal, economic and budgetary issues to assist Commonwealth residents and the General Assembly in their evaluation of policy decisions.” It’s been our observation the IFO is populated with partisan Democrats. However, we have to acknowledge lately their analysis work, at least with regard to the Marcellus industry, has been pretty accurate (see PA Independent Fiscal Office Predicts Impact Fee Revenue for 2016). The IFO has just released another report–this one analyzing the first six months of monthly Marcellus gas production data issued by the state Dept. of Environmental Protection (DEP), comparing it with previous months and years (full copy of the IFO report embedded below). What’s obvious from the numbers is this: PA’s shale drillers are in the process of completing previously drilled but uncompleted wells (called DUCs), drawing down the number of DUCs available. The conclusion is inescapable: More drilling of new wells is on the way in PA in 2016…
    Read More “PA NatGas Production 2Q16 – DUCs Shrink, Production Grows”

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    Why Did Shell Choose PA for its Ethane Cracker Plant?

    Shell ChemicalsA great article in Investor’s Business Daily explores the link between shale gas and the “explosive expansion” of the U.S. petrochemical industry. Part of the petchem supply chain is finding a cheap source of ethylene, the raw material used in making all sorts of plastics products. Manufacturers get ethylene from ethane cracker plants. The article discusses that link, and the reasons why Shell chose to locate their new multi-billion dollar ethane cracker plant near Pittsburgh. As you can guess, economics play a major role in such a decision. Here are the specific economics that convinced Shell that PA is a good bet…
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    PIOGA Loses Court Case Challenging PA DEP Standards for Permits

    courtgavel.jpgUPDATE: PIOGA sent MDN an exclusive statement about the case. They intend to appeal. Read PIOGA’s statement below…

    In 2013 a RINO justice on the Pennsylvania Supreme Court, Chief Justice Ron Castille, sold out the Marcellus industry and joined with three Democrats on the state’s high court to overturn a large and important part of the newly minted Act 13 drilling law, in a case known as Robinson v. Commonwealth of Pennsylvania (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). Part of the Act 13 law was left intact, but part of it, the part that directed local municipalities to craft zoning laws to include certain statewide uniform provisions concerning the location of oil and gas operations, was tossed (see What Does PA Supreme Court Decision on Act 13 Mean?). In June of this year, the Pennsylvania Independent Oil & Gas Association (PIOGA) argued a lawsuit against the PA Dept. of Environmental Protection (DEP) based on the tossed Act 13 case. PIOGA argued that part of the Act 13 law–the part that granted the DEP sweeping power to consider proposed impacts a well might have on public and natural resources when considering whether or not to issue a permit–was no longer valid. PIOGA said those parts of the law are directly related and intertwined with the part struck down by the Supreme Court. In other words, Act 13 in its original form, as passed, said the DEP could consider impacts on public and natural resources as part of the decisional process for issuing permits, but the Supremes struck down that part of the decisional process because they said it could not be implemented consistent with Act 13’s intent. PIOGA’s lawsuit pointed out that public natural resources were still protected by other laws operators must comply with and that the Supreme Court’s invalidation of Section 3215(c) meant that DEP ould no longer impose conditions in permits related to these other laws. A Commonwealth Court in PA ruled yesterday against PIOGA’s argument (full copy of the ruling embedded below). In essence, the court is picking and choosing which parts of a law that was duly passed it wants to have enforced, and the parts it doesn’t like it willy nilly tosses, which is bass ackwards. DEP must obey the Supreme Court’s rulings just as everyone does, but not for now courtesy of the Commonwealth Court…
    Read More “PIOGA Loses Court Case Challenging PA DEP Standards for Permits”

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    PA Gov Wolf Searching for New DEP Sec 3 Mo After Firing Quigley

    Patrick McDonnell Acting Secretary, DEP
    Patrick McDonnell Acting Secretary, DEP

    In May (three months ago), Pennsylvania Dept. of Environmental Protection (DEP) Secretary John Quigley was fired for using a PRIVATE email account to collude with his Big Green friends to try and bully PA’s legislators into supporting his onerous proposed regulations (see Smoking Gun: Copy of the Email that Got John Quigley Fired). Richly deserved. The man who took his place as Acting Secretary is Patrick McDonnell, a 19-year veteran of the DEP. We haven’t seen or heard much of McDonnell, but what we have seen and heard (via media reports) seems to be that McDonnell is a “get it done without generating controversy” kind of guy. Radical environmental groups don’t seem overly thrilled with McDonnell as Secretary (see PA’s New Acting Sec DEP: What Do We Know? Will He Be Permanent?). He is a man-made global warming flummery believer, so that’s a strike against him. But a lot of otherwise rational adults believe in such fairy tales, so we won’t hold it against him (too much). One thing is for sure: McDonnell wants to move from “Acting” to permanent Secretary of the DEP. However, it’s not looking promising that Gov. Tom Wolf will make his appointment permanent. It’s now been 90 days since Quigley was given the boot. Wolf has only 90 days to nominate someone. A common practice, when you’re not ready to nominate, is to use a placeholder name. Wolf has done so, and the placeholder name is not McDonnell’s…
    Read More “PA Gov Wolf Searching for New DEP Sec 3 Mo After Firing Quigley”

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    Buckeye Partners Expanding MI/OH Refined Products Pipeline, Again

    West to East Project Map
    West to East Project Map – click for larger version

    Buckeye Partners is a publicly traded master limited partnership (MLP) that owns and operates 6,000 miles of pipeline. One of those pipelines is the Michigan/Ohio refined products pipeline, which we reported on in April 2015 (see Buckeye Partners Expanding MI/OH Refined Products Pipeline East). At that time Buckeye was pushing its Michigan/Ohio Pipeline Expansion Project to expand the pipeline for “refined petroleum products” (things like gasoline, kerosene and heating oil) to run it from Woodhaven and Detroit, Michigan, and from Toledo and Lima, Ohio, to destination points in both Ohio and Western Pennsylvania. By all accounts the initial expansion was a success, because Buckeye is now conducting an open season for the second phase of the expansion project. Why talk about a gasoline/heating oil pipeline? Because it’s possible that some of the oil that gets refined into gas and heating fuel flowing through this pipeline comes from the Marcellus/Utica…
    Read More “Buckeye Partners Expanding MI/OH Refined Products Pipeline, Again”

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    Lou D’Amico Retires, PIOGA Appoints Dan Weaver Executive Director

    dan-weaver_lou-damico
    Dan Weaver & Lou D’Amico

    One of the heroes of the Pennsylvania oil and gas drilling industry (and a hero to MDN editor Jim Willis) has been Lou D’Amico, president and executive director of the Pennsylvania Independent Oil & Gas Association (PIOGA). Lou is fearless, willing to speak truth to power when it comes to protecting PA’s fossil fuel industry (see PIOGA Sets Record Straight on Latest Wolf Attack re Severance Tax; PIOGA Leads the Charge to Defeat Wolf’s Severance Tax; and PA Board Adopts New Drilling Regs, PIOGA Blasts DEP “Deceptive”). In some happy/sad news, Lou is retiring from his post in running PIOGA–after 22 years. That’s the sad news. The happy news is that the very capable Dan Weaver, currently PIOGA’s public outreach director, will take Lou’s place. Welcome Dan!…
    Read More “Lou D’Amico Retires, PIOGA Appoints Dan Weaver Executive Director”

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    PA RINO Wants to Slow Marcellus Drilling with $2M Bond per Well

    Tom Murt - RINO
    Tom Murt – RINO

    Pennsylvania State Rep. Thomas Murt, a RINO (Republican In Name Only) from the Philadelphia area, has introduced House Bill (HB) 2277 that would require drillers in the state to post a $2 million bond for each shale well they drill. The current bond is between $4,000-$10,000. This is yet another attempt by the same cast of anti-drilling characters to slow down or stop Marcellus drilling altogether in the Keystone State, by erecting regulatory hurdles to hassle drillers under the pretense of protecting PA’s environment. Adopting such a law would actually indicate that PA has turned aggressively against the drilling industry–sending the clear signal the Keystone State prefers drillers to operate elsewhere, in other states. Fortunately, with Republicans in control of both the House and Senate, this “misguided proposal,” as the Marcellus Shale Coalition calls it, is DOA…
    Read More “PA RINO Wants to Slow Marcellus Drilling with $2M Bond per Well”

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    Repair Work on Exploded Texas Eastern Pipeline in PA 25% Done

    Spectra blaze9/1/16 UPDATE: Spectra Energy contacted MDN and sent us a copy of their progress report on repairs to the section of the TETCO pipeline known as the Penn-Jersey System. Thank you! We have included a copy of their progress report below.

    An update on Spectra Energy’s Texas Eastern Transmission’s (TETCO) “Delmont Line 27” which exploded in Westmoreland County, PA on April 29 (see Texas Eastern Pipeline Explodes near Pittsburgh, Antis Celebrate). We previously told you that not only was Line 27 out of commission, so too were three other pipelines running through the same corridor, meaning 1 billion cubic feet of natural gas per day is not reaching certain mid-Atlantic markets (see Update on Spectra Pipeline Explosion Near Pittsburgh). The early evidence points to corrosion along welded seams, although the jury is still out and the exact cause may not be known for months (see Preliminary Guess on TETCO Pipeline Explosion Cause: Corrosion). One of the four lines that was offline (Line 19) was examined and certified by the Pipeline and Hazardous Materials Safety Administration (PHMSA) in early May to go back online (see TETCO Pipeline Up & Running Post-Explosion; Antis Exploit Accident). However, the other three lines have remained idle pending further investigation (see TETCO PA Pipeline Explosion Still Limiting NatGas Flow Month Later). In June Spectra said they expect to have the full system operating again by November 1st (see Ruptured TETCO Pipeline in PA Offline Until November). How is the effort going? Spectra has completed the initial analysis and is now digging up pipelines in various locations…
    Read More “Repair Work on Exploded Texas Eastern Pipeline in PA 25% Done”