West Virginia

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    MVP 2nd Big Win This Wk – 4th Circuit Lifts Stay of Water Permit

    As we reported yesterday, EQT Midstream’s Mountain Valley Pipeline (MVP) got some excellent news–that the Federal Energy Regulatory Commission had lifted a stop-work order on the project (see FERC Lifts Mountain Valley Pipe Stop-Work Order, Rehiring). However, two clouds remain over the project, both created by the Fourth District U.S. Circuit Court of Appeals in response to lawsuits from the Sierra Club. One of those clouds is from the Fourth Circuit overturning permits issued by the U.S. Forest Service and Bureau of Land Management that allows MVP to cross 3.5 miles of Jefferson National Forest in West Virginia and Virginia (see Court Cancels Permits for Mountain Valley Pipe on Fed Land). EQT is working on resolving the issue so that USFS and BLM can reissue permits that will pass muster with the court. The other cloud appeared when the Sierra Club convinced the Fourth Circuit to suspend a permit issued by the U.S. Army Corps of Engineers that allows MVP to construct the pipeline across streams and rivers in the West Virginia. The Clubbers got the court to suspend stream and river crossings based on a technicality–that MVP could not, in the case of four river crossings, get the work done within the 72 hour period stipulated by the permit. Therefore the court suspended work at all 591 stream/river crossings the pipeline traverses in WV (see Sierra Club Succeeds in Delaying MVP Project in WV via Court Order). In early July, the Army Corps reworked and reinstated the permit as it applies to the four river crossings in question (see Army Corps Engrs Reinstates MVP Permits for 4 WV River Crossings). The good news is that the Fourth Circuit has granted a motion by the Army Corps to reinstate its permits for all stream/river crossings for MVP. Sunlight is breaking through!…
    Read More “MVP 2nd Big Win This Wk – 4th Circuit Lifts Stay of Water Permit”

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    Fayette County, WV Loses Court Case to Block MVP Compressor Stn

    Sometimes counties (and local towns) try to seize power that’s not theirs constitutionally. Particularly when they’re led by liberal Democrats who like to arbitrarily make up their own oil and gas regulations. Such is the case in Fayette County, WV. Most oil and gas regulation is done at the state level–it is a state function. Unless it’s a pipeline that crosses several states. Those projects are regulated at the federal level, to protect citizens in neighboring states from arbitrary and capricious actions (like those New York is engaged in). Counties don’t get to decide whether or not to allow an injection well, or a pipeline. Yet the lib Dems in Fayette believe they can make those decisions. And now, for the second time in two years, a federal court has slapped them down. Two time losers. In August 2017, Fayette County lost a federal court case to block injection wells in the county (see Fayette County, WV Loses Appeal to Block Injection Well). On Wednesday, the three lib Dem commissioners of Fayette lost a second court case–this one an attempt to block a Mountain Valley Pipeline compressor station. Both lawsuits, last year and this year, were aimed at stopping EQT projects…
    Read More “Fayette County, WV Loses Court Case to Block MVP Compressor Stn”

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    FERC Approves Mountaineer XPress Pipe Rate Increase

    We spotted a story that contains information we don’t fully understand. Columbia Gas Transmission is currently building the Mountaineer XPress Pipeline, a $2 billion, 170-mile pipeline that will flow 2.7 billion cubic feet (Bcf) per day of natural gas from existing and future points of receipt along or near the Columbia pipeline system–most of it located in West Virginia (see Details on Columbia Pipeline Mountaineer XPress Pipeline Project). At 2.7 Bcf/d, Mountaineer XPress is the second largest (by volume) new pipeline project for the Marcellus/Utica region–second only to Rover’s 3.25 Bcf/d pipeline. It is a big and important project. When Columbia (aka TransCanada) filed the original application, approved by the Federal Energy Regulatory Commission, they sought permission to charge $9.827 per dekatherm (one dekatherm is equivalent to one thousand cubic feet, or 1 Mcf) to flow gas along the pipeline. Put another way, shippers without a contract who want to ship along the pipeline will pay $9.83/Mcf to ship gas. Since gas typically fetches less than $3/Mcf, how can you make any money? That’s what we can’t figure out. Perhaps one of our sharp MDN readers can enlighten us? MDN Note: We have THE BEST readers! Dmitry Brown, a Senior Analyst with UGI Energy Services, wrote to clear up our confusion. The prices are per month, not per day. Shippers on MXP were expecting to pay $9.827/Mcf/month, or $ 0.32/Mcf/day. Columbia recently filed a request with FERC to increase the charge from $9.83/Mcf to a whopping $14.66/Mcf! The reason, according to Columbia, is that project costs have ballooned from $2 billion to $3 billion, “related to contractor labor costs, inspection costs, and outside services costs that substantially exceeded the contingency established for such charges.” Last Friday FERC approved the 49% increase. Now shippers will have to pay $14.663/Mcf/month, or $0.48/Mcf/day. Quite an increase…
    Read More “FERC Approves Mountaineer XPress Pipe Rate Increase”

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    China Official Says $83.7B Deal with WV Still On, Some Progress

    Some encouraging words, but also some outright lies, coming from Ling Wen, president of China Energy Investment about China’s planned investment in West Virginia. Wen addressed reporters yesterday in Hong Kong, and some of the conversation turned to China Energy Investment’s 20-year deal to invest $83.7 billion in WV’s shale and petrochemical industries (see China Agrees to Invest Amazing $83.7 BILLION in WV Shale, Petchem). Months ago we speculated that the impending trade war with China might put that investment on hold, a fear that was confirmed in June. Chinese officials were supposed to attend the Northeast U.S. Petrochemical Construction Conference in Pittsburgh to announce the first round of investments in WV. However, Brian Anderson, director of the West Virginia University Energy Institute, said given the trade war with China, the officials elected to stay home instead. Anderson said at that time, “The pending trade war has put this project in jeopardy” (see Trade War Puts $83.7 Billion Chinese Investment in WV on Hold). But a few weeks later Anderson changed his tune. He told a reporter, “In terms of the development process, we continue to move forward…We’re even working on the next potential visits by officials and team members, so it’s not just the high-level executives, but development teams” (see $83.7B Chinese Investment in WV Shale & Petchem Still Alive?). Yesterday Ling Wen said even though there is an ongoing trade war between China and the U.S., the WV deal is still on. That’s good news. Wen also said that media reports that China cancelled trips “was not true.” That’s an outright lie. They did cancel trips in June…
    Read More “China Official Says $83.7B Deal with WV Still On, Some Progress”

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    FERC Finally Approves 2 Key Rover Pipeline Laterals, Sept 1 Start

    The Federal Energy Regulatory Commission (FERC) game of hardball with Energy Transfer over the Rover Pipeline has finally paid off. For months FERC has refused to allow four Rover laterals–feeder pipelines to shuttle gas from where it’s produced into the main Rover pipeline–to start up (see FERC Plays Hardball with Rover – Refuses to Certify 4 Laterals). The reason? ET has not, according to FERC, lived up to its word on restoration work. Things like smoothing over the dirt and replanting grass and other vegetation over top of the buried pipeline. Earlier this month ET assured FERC it would have the majority of restoration work done on two key laterals–the Burgettstown Lateral in southwestern PA, and the Majorsville Lateral in the northern panhandle of WV–by the end of this month (see FERC Continues to Block Rover Laterals Until Restoration Work Done). With recent evidence that ET is indeed living up to its word, last Thursday FERC gave ET permission to start up both the Burgettstown and Majorsville Laterals on Sept. 1. The majority of the restoration work will be done by this Friday, Aug. 31. However, there will still be some odds and ends after that (addressing “ground movement areas) that will go on through December. That leaves two final laterals–the CGT (Columbia Gas Transmission) and Sherwood Laterals, still not online. This is a prime example of FERC playing hardball, contrary to the “rubber stamp” antis claim FERC is for pipeline companies…
    Read More “FERC Finally Approves 2 Key Rover Pipeline Laterals, Sept 1 Start”

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    WV Teachers Get Greedy, Want to Boost Already-High Severance Tax

    We’ve written, forever, about the quest by Pennsylvania’s teacher’s unions (most of them in the Philadelphia area) who want to raid the coffers of Marcellus drillers via a confiscatory severance tax slapped on top of an existing impact tax slapped on top of corporate income taxes. You can never have too many taxes in education-land. That’s the only way they get paid. Neighboring states like Ohio and West Virginia already have a severance tax. It’s hard comparing apples to apples, but essentially PA drillers pay a bit more than OH drillers, but a whole lot less than WV drillers. The severance tax in OH is 1.25%. In WV the severance tax is a whopping 5%. And yet, amazingly, the teacher’s unions in WV are now clamoring to boost the severance tax even more! They want to boost the tax by 2.5% to 7.5%–which would kill the Marcellus/Utica industry in the state. It would be a death sentence. The West Virginia Oil and Natural Gas Association (WVONGA) is on the case, pushing back against this lunacy…
    Read More “WV Teachers Get Greedy, Want to Boost Already-High Severance Tax”

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    FERC Lets MVP Restart Work on 25% of Pipe; MVP Lays off ‘Thousands’

    The Federal Energy Regulatory Commission (FERC) has had a change of heart–sort of–with respect to their stop-work order issued to Mountain Valley Pipeline (MVP). We previously told you that on August 3, FERC told MVP to stop all construction prompted by an order from the U.S. Court of Appeals for the Fourth Circuit vacating permits issued for the project as it crosses 3.5 miles of Jefferson National Forest in West Virginia and Virginia (see FERC Shuts Down ALL Work on Mountain Valley Pipeline in WV, VA). In a letter to FERC this past Tuesday, MVP asked FERC to reconsider and allow them to restart construction for at least part of the pipeline. FERC agreed and partially lifted the stop-work order a day later, on Wednesday. The new order allows MVP to work on the project for 77 of its 303 miles–about 25%. However, in a sad announcement, MVP said because so much of the project remains (for now) idled, it is laying off 50% of the workers who had been working on it. It’s estimated that around 6,000 people are employed directly or indirectly on the project, which means “thousands” (perhaps as many as 3,000 people) are now out of work–thanks to the Sierra Club and their lawsuit. Hey, how many jobs has the Sierra Club created? What’s that? NONE?! And how many jobs has the Sierra Club destroyed? We’d estimate it to be in the tens of thousands. MVP also announced that due to the ongoing work stoppage and delays, the project completion and in-service date has now slipped to the end of next year–an additional nine months. It’s a sad day indeed…
    Read More “FERC Lets MVP Restart Work on 25% of Pipe; MVP Lays off ‘Thousands’”

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    Atlantic Coast Pipeline Asks FERC to Lift Stop-Work Order

    Borrowing a chapter from EQT and their Mountain Valley Pipeline project, Dominion Energy has asked the Federal Energy Regulatory Commission (FERC) to lift a stop-work order for its 600+ mile Atlantic Coast Pipeline (ACP) project. On Tuesday MVP sent a letter to FERC requesting the agency lift it’s stop-work order for them (see Mountain Valley Pipe Asks FERC to Lift Stop Work Order). A day later, yesterday, ACP did the same thing. Last week a federal court pulled permits for approximately 100 miles (of 600 miles) for ACP in response to a frivolous lawsuit filed by the anti-American Sierra Club (see FERC Shuts Down ALL Work on Atlantic Coast Pipeline). The Clubbers convinced the Fourth Circuit Court of Appeals to overturn permits granted by the U.S. Fish and Wildlife Service and the U.S. National Park Service, granted to ACP to cross the Blue Ridge Parkway. The court, in rolling back ACP’s permits, told FERC they should shut down work on the entire project until this matter is resolved. Last Friday FERC did just that. Yesterday Dominion politely asked FERC to ignore the court and lift the ban for those portions not part of the actual court order. Dominion got some moral support from West Virginia’s congressional delegation in their effort. Senators Joe Manchin and Shelley Moore Capito, along with Rep. David McKinley wrote a letter to FERC asking the agency to lift the stop-work order for both ACP and MVP…
    Read More “Atlantic Coast Pipeline Asks FERC to Lift Stop-Work Order”

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    WV Supreme Court Crisis – House Votes to Impeach Sitting Judges

    What in the world is going on in West Virginia? Last Friday in our “best of the rest” list of energy stories, we ran a brief piece about a WV House panel voting to impeach the remaining four (of five) sitting WV Supreme Court justices, claiming the justices had abused taxpayer funds (see Energy Stories of Interest: Fri, Aug 10, 2018). We didn’t think much of it at the time, partially because it was a CNN story–a known source of fake news. Yet the news, in this case, was not fake. On Monday the full WV House voted to impeach all of the sitting justices. One them (a Democrat) promptly resigned her position so that Gov. Jim Justice could not replace her with his own pick. Instead, her office will go on the ballot this November. The Wall Street Journal ran an article yesterday outlining in more detail what the alleged charges are (bordering on embezzlement), and speculating on what happens now. We’re interested in this story because earlier this year it was this group of justices that reversed itself in a highly unusual practice to allow EQT to deduct post-production expenses from flat rate leases (see WV Supreme Court Reverses Itself, Post-Production Deductions OK). That sparked a rebellion in the WV legislature which led to a new law reversing the Supreme Court’s ruling (see WV Gov Justice Signs Bill to Guarantee 12.5% Minimum Royalty). There are other oil and gas cases that may be impacted by a wholesale change in the court as well. Here’s the latest on this developing situation in WV…
    Read More “WV Supreme Court Crisis – House Votes to Impeach Sitting Judges”

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    WV DEP Proposes Changes in Pipeline Stream Crossing Permit

    West Virginia has just published a draft revision for terms and conditions under which the state will issue a “Section 401” water permit for federally approved pipeline projects. Under the federal Clean Water Act (CWA), the federal government delegates some of the responsibility in approving a pipeline project to the individual states. It’s a small but important part of the regulatory pie. Under Section 401 of the CWA, states get one year to review a pipeline project–to evaluate where that project will cross streams and rivers. If the state doesn’t like something about the plan, they tell the pipeline company and the plan gets revised. That’s how it’s supposed to work. Instead, some states (like New York) are abusing Section 401 and simply refusing to issue the permit, effectively killing entire pipeline projects. That’s not the intent of the regulation, something Congress is now looking to fix. We can’t have tinhorn dictators like Andrew Cuomo telling other states (like Pennsylvania) that you can no longer build pipelines into or through a neighboring state. That’s why approval of interstate pipeline projects resides at the federal level and not the state level–to prevent one state holding another hostage. WV has had some issues of their own with respect to Section 401 approvals (see WVDEP Reverses, Waives Water Permit for Mountain Valley Pipeline). Perhaps because of previous problems, like the issue with MVP, the WV Dept. of Environmental Protection has just floated proposed changes to the criteria they use in awarding a Section 401 permit…
    Read More “WV DEP Proposes Changes in Pipeline Stream Crossing Permit”

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    Federal Court Stops Works on Some (All?) of Atlantic Coast Pipe

    In a pattern that has become obvious, and disturbing, the radicalized Sierra Club has once again prevailed in shutting down work on a second mammoth pipeline project–Dominion’s Atlantic Coast Pipeline (ACP)–by concentrating their legal arguments at one small, specific point of the project. This happened with Mountain Valley Pipeline (MVP). As we reported yesterday, the Federal Energy Regulatory Commission (FERC) told MVP to stop work on the entire project, at least for now (see FERC Shuts Down ALL Work on Mountain Valley Pipeline in WV, VA). The Sierra Club convinced the without-experience-in-the-oil-and-gas-industry judges of the federal Fourth Circuit Court of Appeals to overturn permits granted by the U.S. Forest Service (USFS) and Bureau of Land Management (BLM) to build MVP across 3.5 miles of Jefferson National Forest, on the border of WV and VA. This time, with ACP, the Sierra Club convinced the Fourth Circuit to overturn permits granted by the U.S. Fish and Wildlife Service (FWS) and the U.S. National Park Service (NPS) granted to ACP to cross the Blue Ridge Parkway. However, the rolled-back permits affect more of ACP than MVP–about 100 miles of work out of 600+ miles. The court, in rolling back ACP’s permits all but told FERC they need to shut down work on the entire project until this matter is resolved. The court can’t order FERC to do so, but they strongly cautioned FERC that they should do so. Since FERC stopped work on MVP, it stands to reason they will do it with ACP too. So lightening has now struck twice, and it’s not good. Dominion maintains they will continue to build ACP except for those areas where the Fourth Circuit has rolled back permits. In other words, they’ll keep building it in North Carolina and some locations in WV. All eyes are now on FERC. We hate to say this, but our guess is that FERC will shut down the entire ACP project, for now. It’s virtually the same scenario as MVP which FERC elected to shut down. Why would this project be any different?…
    Read More “Federal Court Stops Works on Some (All?) of Atlantic Coast Pipe”

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    Change in Direction for One Leg of Mountaineer Gas Pipe in WV

    In 2017, Mountaineer Gas launched the Eastern Panhandle Expansion pipeline project–a project to deliver natural gas via local distribution channels to a new industrial facility in Berkeley County, WV, and to provide gas to other local businesses and residents in the Tri-State area. Mountaineer’s pipeline expansion will be fed by a 3.5-mile Columbia Gas pipeline under the Potomac River. There are three phases to the Eastern Panhandle Expansion project: Phase One runs a 22.5-mile, 10-inch-diameter steel pipeline from Morgan County to Martinsburg; Phase Two includes a loop to Charles Town; and Phase Three will build a four mile segment of pipeline into Martinsburg. Phase One began construction in March (see Mountaineer Gas Begins Work on Morgan County, WV Pipeline). By all accounts, Phase One is close to being done. Phase Two is up next. There is some confusion (for us) over what was and was not filed by Mountaineer with respect to this project. It appears there was no official Phase Two request previously filed, that Mountaineer’s approach all along has been to run pipelines where the opportunities crop up, filing for permission as circumstances warrant. Since the project was first announced, there’s been a new opportunity. Although Phase Two was originally forecast to run to Charles Town (Jefferson County), that’s now changed–to run to Ranson (also Jefferson County) instead, to feed gas to a new $150 million manufacturing plant being built…
    Read More “Change in Direction for One Leg of Mountaineer Gas Pipe in WV”

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    FERC Shuts Down ALL Work on Mountain Valley Pipeline in WV, VA

    The radical Sierra Club can claim a new temporary victory in its war to stop a major natural gas pipeline. We previously told you the Clubbers, who use money from donors to weaponize our own court system against us, convinced the U.S. Court of Appeals for the Fourth Circuit to overturn permits issued by the U.S. Forest Service (USFS) and Bureau of Land Management (BLM) that allows EQT Midstream’s 303-mile Mountain Valley Pipeline to cross 3.5 miles of Jefferson National Forest in West Virginia and Virginia (see Court Cancels Permits for Mountain Valley Pipe on Fed Land). The court says USFS and BLM didn’t come to the right conclusion about sedimentation and erosion impacts of MVP. The judges (who don’t know a thing about these issues) say USFS and BLM’s contention that impacts can be adequately mitigated is in error. Because the project is stopped at that one tiny 3.5-mile location, on Friday the Federal Energy Regulatory Commission (FERC) issued a stop work order for the entire project. At least for now. In the stop work order, FERC indicates they think the USFS and BLM will soon reissue the permits overturned by the Fourth Circuit, and when that happens, work on the rest of the project will resume. But FERC can’t predict when that will happen, so in the meantime, all work (except to stabilize certain areas to protect against erosion) must stop. What gripes us is that Sierra Club radicals were able to shut down an entire project by concentrating on a technicality at one, small point. What a disgusting, anti-American organization. MVP issued a statement this morning to say the the pipeline will get built, and will likely keep its schedule of going online in the first quarter of 2019…
    Read More “FERC Shuts Down ALL Work on Mountain Valley Pipeline in WV, VA”

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    Oilfield Serv. Co. Relocating Office & 200 People from WV to PA

    In early 2017, Baker Hughes (prior to GE buying them) spun off its North American shale fracking business (“pressure pumping”) into a new, standalone company called BJ Services (see 3 Parents Give Birth to New Fracking Co: BJ Services). The “new” company involved investments and assets contributed from both Goldman Sachs and CSL Capital Management, in addition to BH. BJ Services used to exist as a standalone company before it was purchased by, and merged into, Baker Hughes in 2009–for $5.5 billion. BJ remained its own separate division within BH, but then got spun out again, back into its own company. We know, a bit confusing. Here’s what you need to know. In March 2016, BH closed its BJ operation in Mill Hall (Clinton County), PA and moved it to Clarksburg (Harrison County), WV. Now the reverse is happening. BJ, the standalone company, announced it is closing the Clarksburg operation and relocating it back to Mill Hall, along with some 200 people…
    Read More “Oilfield Serv. Co. Relocating Office & 200 People from WV to PA”

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    WV Grandma Sits in 1971 Ford Pinto to Block MV Pipe Work

    Click for larger version

    This is one of those “you can’t make this stuff up” stories. A 64 year-old retired school teacher from West Virginia (want to know what’s wrong in this country? look at the people teaching our kids) somehow got assistance from someone to drag and then hoist an old, bombed-out, non-functioning 1971 Ford Pinto up into the air, suspending it on blocks, sticking it in front of work being done to construct the Mountain Valley Pipeline in Monroe County, WV. With grandma sitting in it. The car and signs hung in the area had spray-painted slogans like, “defend what you love,” “resist all pipelines,” and “this is our home.” In other words, the woman is an old hippie, trying to relive the glory days of Vietnam protests. She succeeded in blocking work for a few hours–until police arrested her and carted her away. These people just get more bizarre every day…
    Read More “WV Grandma Sits in 1971 Ford Pinto to Block MV Pipe Work”

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    WV Close to Starting Construction on First Natgas-Fired Plant

    For years Energy Solutions Consortium (ESC) has been trying to build several natural gas-fired electric plants in West Virginia, but have been prevented from doing so by Big Coal lawsuits. We recently wrote about this issue, naming names (see OVJA Exposed as Front for Murray Energy Blocking Gas-Fired Plants). It’s understandable that coal doesn’t want to give up its virtual monopoly on electric generation in the Mountain State. Some 95% of all electricity produced in the state comes from coal-fired plants. Last year then-WV Sec. of Commerce Woody Thrasher observed that Ohio has built 19 new gas-fired power plants, and Pennsylvania has built 22 new gas-fired power plants, while WV has built NONE. Why not? Because of Robert Murray, CEO and founder of Murray Energy, one of the largest independent coal mine operators in the U.S. Bob Murray is using a front organization called Ohio Valley Jobs Alliance (OVJA) to file a blizzard of frivolous lawsuits that have kept all new gas-fired plant projects from being built in WV. The best chance ESC has in building its first gas-fired plant is in Harrison County. Only one roadblock remains–an OVJA challenge to the project’s air permit previously granted by the West Virginia Air Quality Board. Kind of ironic that Big Coal is challenging an air permit for far-cleaner-burning natural gas. Coal pollutes the air way more than natural gas. The WV Supreme Court hears challenges to these kinds of permits. The paperwork has been filed with the high court. Once the court accepts and hears the case, which ESC thinks will be early fall, and the air permit is upheld, the first shovel of dirt will fly to build the $880 million Harrison County Power Station. An ESC rep recently updated Harrison County officials and labor union members about the status of the project…
    Read More “WV Close to Starting Construction on First Natgas-Fired Plant”