Statewide PA

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    Freak Show Coming to a PA Well Pad Near You with New DEP Alerts

    If you spill a couple of gallons of gasoline at your local convenience store gas station, somebody throws kitty litter on it and that’s the end of the story. But if you spill a couple of gallons of diesel fuel at a drill pad, it’s nearly a federal crime. In Pennsylvania, if there’s a spill of diesel fuel, frack water, etc., operators are supposed to report it to the Dept. of Environmental Protection (DEP) asap. New rules coming from the DEP this summer will make reporting those spills mandatory–within two hours of when the operator first becomes aware of it. And get this–that data will immediately go into a web database and shared with the world. The new system will even email people who want to receive such emails. Imagine this: Someone spills five gallons of diesel fuel and three hours later anti-drilling protesters are parading in front of the road leading to the drill pad, and local television cameras are there to document the entire freak show that ensues. And it happens again, and again, and again, and again. Thanks DEP! You’re so community-minded…
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    Finalists Announced for 4th Annual Northeast Oil & Gas Awards

    Oil & Gas AwardsThe Fourth Annual Northeast Oil & Gas Awards will take place on Wednesday, March 30 in Pittsburgh. The O&G Awards have just released the list of this year’s finalists. These companies, all of them already winners in our book, have been shortlisted by the judging panel for their commitment to the key areas of Health & Safety, Operational Excellence, Innovation, Corporate Social Responsibility and Environmental Stewardship. MDN congratulates the following finalist companies in the Fourth Annual Northeast Oil & Gas Awards…
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    PA Gov Wolf’s Pathological Need for a Severance Tax

    We suspect that Pennsylvania Gov. Tom Wolf may suffer from OCD–obsessive compulsive disorder. What else could explain the fact that even though PA doesn’t have a completed 2015 budget, he’s about to introduce a 2016 budget that once again calls for a severance tax on oil and gas–when the industry in his state has gone nearly dormant because of low prices? Shale drillers are struggling to stay solvent and to keep drilling at least a few new wells. And Wolf is, once again, insisting on a severance tax, that will essentially stop all drilling. Perhaps a better word for it is pathological…
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    Severance Tax Not a Panacea After All – Down 50%+ in 2015

    There’s been a lot of talk over the past 5+ years in Pennsylvania that the state needs a severance tax. We’ve heard the repeated drumbeat that “eeeevvvvery other oil and gas state has a severance tax and we need one too.” A severance tax would, according to sticky finger Democrats and teachers unions, instantly solve funding shortfalls for education. Bam–solved. It would also fund a variety of “worthy” programs that the beneficent politicians in Harrisburg salivate to fund. A severance tax might even be the cure for cancer–who knows? Just one teeny, tiny problem. With the collapse of prices for oil and gas, and the resulting collapse in drilling, all of those “other states” with a severance tax are now scrambling to make up the difference in the shortfall they face in their own budgets. Turns out a severance tax isn’t a panacea after all. It also turns out an impact fee (PA’s equivalent of a severance tax), while sure to go down, will go down a lot less than a severance tax would. To our PA friends: Are you still happy you traded Tom Corbett, who was smart enough to create the impact fee, for the inept Tom Wolf who’s chasing a St. Elmo’s Fire severance tax? Here’s a look at the rapid fall of severance taxes in key oil and gas states in 2015, by the experts at the U.S. Energy Information Administration…
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    Marcellus Ethane Sets Sail for Europe Next Month

    We’re almost there! As MDN told you last June, INEOS, one of Europe’s largest petrochemical companies, had commissioned and purchased two tankers to ferry Marcellus/Utica ethane from the Marcus Hook refinery near Philadelphia to Norway and Scotland (see Ineos Gets Ready to Begin Ethane Exports from Marcus Hook, PA). The final leg of the Mariner East Pipeline is ready to go online, and the twin tankers are ready to be loaded. In February, the first shipment of Marcellus ethane will set sail from Philadelphia bound for Norway…
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    Dem Media Spins New PA Severance Tax Proposal as “Conservative”

    At least one Republican, Pennsylvania State Rep. Jim Christiana (from Beaver County, PA), is pushing a new severance tax plan he considers kinder and gentler than that proposed by PA Gov. Tom Wolf. Christiana has proposed a tax with a rate of “just” 3%, instead of Wolf’s demand of 5% (see Some PA Republicans Beginning to Cave on Severance Tax). However, Christiana’s tax plan would, in time, increase to 5%–just like Wolf’s. Of course all of these numbers are hocus pocus horse manure. The actual percentage goes much higher when you factor in all of the extras. What’s interesting to us is how Democrat-controlled media organizations like the Scranton Times-Tribune (and its subsidiary the Wilkes-Barre Citizens’ Voice) are attempting to spin this news. They published an article referring to Christiana as a “conservative” trying to imply conservatives are now on board with a severance tax on drilling in the Keystone State. Let us assure you, such is not the case. It is another sterling example of media bias and spin…
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    Antis Wrong: No Link Between Fracking & Smallmouth Bass Decline

    Back in 2012 Congressman Camille “Bud” George, Democrat from Clearfield County, PA, opened his big mouth and tried to blame fracking for a problem with smallmouth bass in the Susquehanna River (see PA Dems Blame Marcellus Drilling for Smallmouth Bass Problem). Last May, the nutters from a group called “Occupy the Constitution Pipeline Route” repeated the same accusation, showing a picture of a diseased smallmouth with a huge tumor (see below). Thing is, none of it is true. Earlier this week the head of PA’s Dept. of Environmental Protection, John Quigley, and the head of PA’s Fish and Boat Commission, John Arway, both said the smallmouth bacterial disease issue is unrelated to fracking…
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    PA DEP Issues “Final” New Drilling Regulations; Industry Pushback

    PA DEPJohn Quigley, the Secretary of the Pennsylvania Dept. of Environmental Protection (DEP), yesterday released a finalized version of proposed new oil and gas drilling regulations, otherwise known as Chapters 78 and 78a. A copy was sent to the Environmental Quality Board (EQB) for their required review which is planned for Feb. 3. The entire set of revised/new regulations (copy below) will then get published in the Pennsylvania Register and become final. Both the Marcellus Shale Coalition (MSC), representing unconventional drillers, and the Pennsylvania Independent Oil & Gas Association (PIOGA), representing conventional drillers, have come out against the new regulations. The MSC says the new regulations will cost the industry $2 billion annually without a corresponding benefit for the environment or safety, and PIOGA minces no words when it says the four-year revision process “has been flawed to the point of being fraudulent”…
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    PA DEP Fines Kinder Morgan $745K for Spills in Philly

    pay fines here signEDITOR’S NOTE: It’s interesting what a negative story can produce. The DEP posted a back-dated press release on their site after MDN released this story pointing out they had not informed anyone but StateImpact. We can assure you the release was not there until we pointed out its absence. You can read the back-dated press release here.

    Is the Democrat-controlled PBS outlet StateImpact Pennsylvania now the official stenographer for PennFuture Secretary of the PA Dept. of Environmental Protection (DEP), John Quigley? That’s the thought we had when reading a StateImpact story that the DEP has fined Kinder Morgan $745,000 for leaks at two Philadelphia-area storage facilities owned by Kinder. In every case we can recall, going back more than six years of writing the MDN blog site, whenever the DEP fines a driller or midstream company (Kinder is the latter), the DEP issues an official public press release on their own website. Not this time. Apparently the only “news” outlet to receive notification of the fine has been StateImpact because we’ve searched high and low and nobody else is (so far) carrying the news. Why did the DEP not post the news on their own website as they always have in the past? Why did only certain (perhaps just one) news outlets get this particular press release? Hence our observation that perhaps StateImpact is the new official stenographer for the PennFuture DEP. Here’s what the Dems at StateImpact say about the Kinder fine…
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    Some PA Republicans Beginning to Cave on Severance Tax

    Kudos to Pennsylvania Republicans for hanging tough and pushing back against the bullying of PA Gov. Tom Wolf with respect to a Marcellus-killing severance tax. However, the battle for a severance tax may have taken its toll. At least one, perhaps more, Republicans are going squishy now that the fight is over for the 2015/2016 budget. State Rep. Jim Christiana, a Republican (RINO) from Beaver County (where Shell may build an ethane cracker plant) says he will propose new legislation that creates a 3% severance tax. His tax plan includes abolishing the existing impact fee, which is the equivalent of a severance tax, and using some of the 3% tax revenue to replace the impact fee. Christiana says, “many Republicans support the concept of a severance tax, but simply reject the governor’s punitive approach.” He also says Republicans “have lost the public relations battle in explaining that the impact fee is a severance tax.” In other words Christiana has lost his nerve. Christiana is a major disappointment and, possibly, an harbinger that PA Republicans may cave and pass a severance tax after successfully fending one off this year…
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    57% of Pennsylvania’s CPAs Favor a Marcellus Tax – Surprised?

    Each year the Pennsylvania Institute of Certified Public Accountants (PICPA) conducts a poll of its membership. Last year PA accounts answered the question “How should PA close the state budget gap?” by indicating the state should privatize liquor sales – 69%, by instituting a Marcellus Shale severance tax – 67%, and by legalizing pot smoking – 27% (see PA Accountants Love Marcellus Severance Tax (and Smoking Pot)). This year’s PICPA poll results have just been published. Perhaps it was our criticism and poking fun at the absurdity of the question last year–but this year the question changed. This is the question they asked this year of PA accountants: “Pennsylvania faces a structural budget deficit estimated at nearly $2 billion. Which of the following should the state use to close the deficit?” The #1 preferred solution for PA’s accountants? A Marcellus Shale severance tax–57% favor it. As we said last year, does anyone else find it suspicious that the people who would have to manage and file reams of tax forms on a severance tax (generating lots of billable hours) are in favor of such a tax? Can anyone say, conflict of interest? Why do we care a wit about what CPAs think about taxes and budget deficits? They’re the ones who helped create it!…
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    PA AG’s Lawsuit Derails Demchak/Chesapeake Royalty Settlement

    In March 2015 MDN reported on the “Demchak” royalty case in which a group of Pennsylvania landowners had agreed to a settlement with Chesapeake over Chessy’s alleged shorting of royalty payments (see Chesapeake’s PA Royalty Settlement Affects Some, Not All Landowners). As we reported at the time, “several thousand” landowners sharing two-thirds of the $11 million settlement (the other one-third going to the lawyers) didn’t seem all that great a deal to us. But we’re not PA landowners with a dog in this fight. Toward the end of last year the issue got heated again as landowners (many landowners) were faced with a decision of whether or not to opt out of the settlement (see Packed Meeting in Towanda Discusses Chesapeake Royalty Settlement). Then along came PA Attorney General Kathleen Kane, herself under indictment for felony crimes, with her own lawsuit against Chesapeake over the royalty issue (see PA Atty General Sues Chesapeake Energy, Williams for Royalty Fraud). It seems Kane’s lawsuit has now put the brakes on the Demchak settlement that was supposed to have taken place in early February. That plan is now delayed…
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    Impact “Fee” or Impact “Tax”? It Matters in this (Court) Case

    Is the money collected from drillers in Pennsylvania for wells a fee, or a tax? Under the Act 13 law passed in 2012, it’s called an impact fee. We’ve long made the case that it’s part fee, part tax (see our story from 2012: PA’s New Tax on Drilling (er Sorry, Impact Fee)). Our definition, which we think makes eminent sense, is that a fee is money collected to reimburse the government for a service used. You drill a well in a community, you run big trucks over rural roads–those roads get damaged and it takes money to repair them. Or if there’s an accident because of the increase in traffic and fire/police are called out more frequently–there’s a cost associated. Local towns meeting to review and debate requests related to new wells? Takes precious time, and money. The impact fee, as originally intended, would compensate local municipalities for out-of-pocket expenses they incur when drilling comes to town. But then greedy politicians who like money to flow through their stick fingers got involved and in order to “sell” the impact fee in Harrisburg, compromises were made. In the end, 60% of the money collected from the impact “fee” stays local–to reimburse towns and counties for out-of-pocket expenses. The other 40% goes into the Harrisburg black hole and disappears into the fingers of local and state politicians who don’t incur any expense from drilling. So we call that 40% portion a tax–an obscene one at that. Why does it matter whether it’s considered a tax or a fee? Because of a Commonwealth Court case in which a driller maintains it’s a tax and the company doesn’t owe it if it’s considered a tax…
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    Scranton Newspaper Supports Stealing Gas Money for Philly

    It shouldn’t surprise anyone that the Democrat-controlled Scranton Times-Tribune doesn’t like the fair impact fee collected on Marcellus drilling in the state and instead prefers an unfair severance tax. It certainly doesn’t surprise us that they they think in such a twisted way. After all, 60% of the impact fee stays local and out of the hands of Harrisburg politicians. That’s just not “right” in Democrat-land. The other 40% that does go through the sticky fingers of Harrisburg politicians isn’t “enough” for good Lib Dems like those who control the Times-Tribune. So in their latest editorial, the Times-Tribune fans the flame of PA Democrat Auditor General Eugene DePasquale’s investigation into the industry in tracking down the “missing” $30 million of impact fee money (see PA Auditor General to Investigate “Lost” $30M Marcellus Impact Fee). True to Lib Dem form, the Times-Tribune wants DePasquale to go far beyond a simple investigation. They want DePasquale to somehow override the will of the legislature, and the residents of Pennsylvania, and extra-Constitutionally change the tax structure–throwing out the impact fee and instead slapping a nose bleed severance tax on the industry. That’s their preferred outcome. It will produce more money (so they reason) for them to play with and hand out to welfare slugs in “struggling urban areas” who keep voting for them…
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    PA PUC Commissioner’s Full-Throated Support of Marcellus Shale

    Pamela A. Witmer is one of five Commissioners of the Pennsylvania Public Utility Service (PUC). She is, in our opinion, one of the stars of the PUC–having been appointed by then-Gov. Tom Corbett in 2011. Pam is also a strong supporter of the Marcellus Shale industry and the miracle of fracking, as she indicates in a column she wrote for the Pittsburgh Tribune-Review. Pam writes about the “numerous benefits” of the Marcellus…
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    Why Do Marcellus Drillers Continue Drilling with Prices in the Basement?

    If a company that makes a product can no longer make that product at a profit, why would it keep making that product? Put another way, if Marcellus drillers can’t make money by selling natural gas for 75 cents per thousand cubic feet (and they can’t), why would they keep drilling new wells? And why would they keep pumping gas from existing wells? That’s the question asked–and answered–by an excellent Oil & Gas 360 article…
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