PA PUC Publishes Marcellus Impact Tax Hike – Up as Much as 77% in 2023
Marcellus drillers who have drilled new wells over the past three years in Pennsylvania are going to get hit hard by an increase in the state’s impact fee. Drillers must pay the impact fee (i.e. PA’s equivalent of a severance tax) once per year, based on the wells they drilled or operated during the previous year. The fee is a complex calculation based on (a) how long a well has been drilled, (b) the average NYMEX Henry Hub price for natural gas from the previous year, and (c) a cost adjustment for inflation. The fees PA drillers will pay this year, depending on how long a well has been drilled, range from 6.4% higher to as much as 77% higher. Wells drilled in the past three years will see the most dramatic increases, from 28% – 77%.
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In February 2022, Equitrans Midstream announced it had filed a new pipeline expansion project with the Federal Energy Regulatory Commission (see 
What a difference 20 years can make. In 2001, natural gas was used to produce 2% of the electricity produced in Pennsylvania, and coal produced 57% of the state’s electricity. Then the Marcellus Shale miracle happened–the first Marcellus well was drilled in PA in 2004. By 2021, 52% of PA’s electricity was produced by natural gas, and 12% was produced by coal. A complete reversal. Most of that change came over just eight years–from 2008 to 2016. There are multiple reasons for the change, including regulations (against coal), low cost (for newfound supplies of gas), and emissions (more for coal, less for gas).
Purely by happenstance, we stumbled across an interesting “working paper” published by the National Bureau of Economic Research. The paper (we’d call it a study) is titled “Negotiations of Oil and Gas Auxiliary Lease Clauses: Evidence from Pennsylvania’s Marcellus Shale” (full copy below), first published in December but subsequently updated in January. Researchers scanned and (using software) analyzed nearly 60,000 leases signed in the Marcellus Shale Play of Pennsylvania. They learned some interesting things about PA leases. One of the main conclusions (eye-opening for us) is that getting more money for your lease is not necessarily tied to whether or not nearby wells are good producers. At best, better lease terms have a “weak relationship” to the performance of other wells in a given geography. What is the secret to getting more favorable lease terms?
The Marcellus/Utica region is becoming a booming real estate market and manufacturing destination in the U.S., with manufacturing investment currently estimated at over $100 billion, according to Bryce Custer from NAI Spring Commercial Realty. What’s drawing manufacturers to the M-U region? Geopolitical instability, supply chain disruption, the reshoring trend, and abundant raw materials, including cheap (and clean) M-U natural gas.
Last Thursday, the Pennsylvania Commonwealth Court dismissed the Dept. of Environmental Protection’s (DEP) claim that the Regional Greenhouse Gas Initiative (RGGI), an obscene carbon tax on gas-fired power plants being forced on PA businesses (and electricity consumers) by former Gov. Tom Wolf and his henchman DEP Secretary Pat McDonnell, was unlawfully delayed by the PA Senate. It is a good news/bad news decision.
On January 18, every single Republican member of the Pennsylvania State Senate signed (and sent) a joint letter to newly-minted Gov. Josh Shapiro urging him to take steps “immediately” to undo PA’s entrance into the insane Regional Greenhouse Gas Initiative (RGGI) carbon tax, a plan forced on the state by Shapiro’s wacky predecessor Tom Wolf. During the campaign, Shapiro prevaricated on whether or not he would pull PA’s plan to enter RGGI.
Newly enthroned Governor of Pennsylvania, Josh Shapiro, has done a good job of crafting his image as that of a moderate. At least on the issue of energy. He supposedly has voiced support for natural gas production and an “all-of-the-above” energy policy. Members of the natural gas industry in the state are mouthing their own platitudes of willingness to “work with the new governor” on energy issues–to find “common ground.” But right now, just a day after he took office, everyone is waiting and watching to see what he actually does. Will Shapiro tackle important issues like permitting delays and regulatory roadblocks? Or will he revert to his Attorney General days of attacking the industry? We know which one we think he’ll do.
PJM is the largest electric grid operator in the U.S. It serves 65 million people in 13 states plus the District of Columbia (including PA, OH, and WV). PJM is coming under criticism for an almost-blackout during the recent Christmas cold snap. If not for certain gas-fired peaker plants, like that in the Little Town of Bethlehem, the lights would have gone out during a brutal cold snap (see 
The Upper Delaware Council (UDC) hosted a public presentation titled “Water Resource and Environmental Considerations with Shale Gas Development in the Appalachian Basin” last week at the Upper Delaware Council office in Narrowsburg, NY. The program was delivered virtually by Dr. David Yoxtheimer, Ph.D., P.G., assistant research professor and Extension associate with the Marcellus Center for Outreach and Research at Penn State University. Yoxtheimer did a great job of laying out the facts of Marcellus drilling–both the good and the not-so-good, with an eye on how to mitigate the risks.
The Better Path Coalition is a mish-mash of the some of the most radical leftwing “environmental” groups in Pennsylvania, including THE Delaware Riverkeeper, 350 Philadelphia, EcoJustice Working Group, Freshwater Accountability Project, and many more. Some of their members are not beyond committing crimes in the name of supposedly saving the planet (see 
Last November, the state of Pennsylvania decided to endorse a private industry application (by Shell and Equinor) instead of doing the hard work of submitting its own official application to attract a $1 billion hydrogen hub (see 
Yesterday MDN brought you the news that the Pennsylvania Public Utility Commission (PUC) held a hearing in December to explain new regulations coming from the PUC, based on directives from the federal Pipeline and Hazardous Materials Safety Administration (PHMSA), to begin regulating previously unregulated natural gas gathering pipelines (see 
The Pennsylvania Public Utility Commission (PUC) has traditionally not regulated nor overseen low-pressure natural gas gathering pipelines in the state because it’s not required to (nor allowed to) by the federal Pipeline and Hazardous Materials Safety Administration (PHMSA). That has changed. The PHMSA published new standards that bring gathering pipelines under its regulatory umbrella. The PA PUC held a public hearing in early December and subsequently published material from that hearing in the Pennsylvania Bulletin in late December–material that discusses how the change in PHMSA’s gathering pipeline regulations affects PA.
Last July, Pennsylvania Gov. Tom Wolf, controlled by the extreme left in the Democrat Party, allowed PA House Bill (HB) 2644 to become law without his signature (see