Statewide WV

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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…
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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…
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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…
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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…
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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?…
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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…
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    WV’s Top Brass Meeting with Chinese Next Week re $83.7B Deal

    A little over two weeks ago MDN wrote a post speculating about whether or not China’s deal to invest $83.7 billion in West Virginia shale and petrochemicals is now dead, given the current “trade war” with China (see $83.7B Chinese Investment in WV Shale & Petchem Still Alive?). 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 now on with China, the officials elected to stay home instead. Anderson said, “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 appeared to change 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?). Now comes word that next week, on Aug. 9, both WV Congressman David McKinley and WV Gov. Jim Justice will meet with Chinese officials “to discuss the future of the investment deal.” No word on whether that meeting is in WV or in China. McKinley would not comment on specifics about the meeting, but he did say he thinks the $83.7 billion Chinese investment is still on track and will happen…
    Read More “WV’s Top Brass Meeting with Chinese Next Week re $83.7B Deal”

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    Court Cancels Permits for Mountain Valley Pipe on Fed Land

    The Sierra Club and two other far-out, radical “environmental” groups have scored a minor victory in convincing 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 Mountain Valley Pipeline to cross 3.5 miles of Jefferson National Forest in West Virginia and Virginia. 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. Ever notice how some judges love to tell other people how to do their jobs? In practical terms, the decision is merely an irritation–affecting maybe 1% of the overall project. But the broader implications are troubling. The Clubbers and their friends have a similar case against MVP at the same court (Fourth Circuit) that asks the court to block construction of MVP throughout Virginia on the theory that a stream crossing permit issued by the U.S. Army Corps of Engineers is faulty (see Army Corps Engrs Reinstates MVP Permits for 4 WV River Crossings). Will the Fourth Circuit judges now tell the Army Corps how to do their job too? That’s the strategy outlined in the Sierra Club’s arrogant, boastful press release following the decision stopping construction of MVP in Jefferson National Forest…
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    EQT Still Fighting WV Minimum Royalty Law for Flat Rate Leases

    Follow the bouncing ball. Earlier this year the West Virginia legislature passed Senate Bill (SB) 360, which Gov. Jim Justice subsequently signed into law (see WV Gov Justice Signs Bill to Guarantee 12.5% Minimum Royalty). The new law overturns a ruling by the WV Supreme Court in Leggett v. EQT Production, a case in which the Supremes (in a very unusual move) reversed their own previous decision and allowed EQT to deduct post-production expenses in old flat rate leases. In essence, SB 360 guarantees rights owners/landowners a 12.5% minimum royalty, regardless of post-production deductions–but only in flat rate leases. A flat rate lease is a lease in which a company pays a regular (in EQT’s case, annual) payment, regardless of how much oil/gas is produced. Traditionally drillers don’t deduct post-production expenses because the payments landowners get are piddly anyway. But EQT began to claim deductions, prompting a lawsuit that went all the way to the Supreme Court. The legislature aimed to “fix” what they considered an error in the court’s ruling. EQT claims the new law is unconstitutional and in April filed a lawsuit asking a judge to stop the law from taking effect (see EQT Sues WV for Passing Minimum Royalty Law re Flat Rate Leases). WV responded in June, asking the judge to dismiss EQT’s lawsuit (see WV Files Motion to Dismiss EQT Lawsuit Targeting Royalty Law). And now the ball has bounced again. EQT just filed paperwork asking the judge to deny the state’s motion to dismiss the lawsuit, claiming the new law improperly invokes “police power”…
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    Do Property Values Along Pipeline Routes Go Down? Not in WV

    One of the oft-repeated canards by antis is that having a drill pad near you, or a pipeline crossing your property, will devalue (lower the value) of your property’s assessment and worth. If you want to sell the property you won’t get as much for it–if you can sell it at all. Who wants to live near a big, ugly drill site, or have an “explosive” pipeline running near the house? Except you can’t even see a drill pad from more than a few hundred feet away after the wells are drilled, and when the pipeline is in the ground and replanted over the top of it–you don’t see or even think about it. Let’s take the later case, of pipelines. Is there evidence that when a pipeline passes through your property, the value goes down? According to property assessors in West Virginia, the answer is “no.” At least not in the short term. Longer term, they say, will have to be watched. IF there are more incidents like the landslide that caused the Leach XPress pipeline to explode, maybe there will be an impact on assessments. But then, if you live in an area where there are frequent landslides, you have bigger valuation problems than a pipeline running through it…
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    WV Driller Northeast Natural Energy Grows – Fracking Petri Dish

    Northeast Natural Energy (NNE) is a small-to-midsized driller headquartered in Morgantown, WV. It’s a young company, drilling its first shale well in 2013. In April 2017 MDN reported that NNE had obtained $300 million of investment from two investment firms (see WV Driller Northeast Natural Energy Gets $300M Investment). They’ve put the money to good use. NNE owns 56,000 acres of leases “in the heart of the Marcellus Fairway,” with 44,000 acres in WV and 12,000 acres in southwestern PA. The company has drilled and brought online 57 shale wells. By this time next year the company expects that number to be nearly 100. One of the most interesting things about NNE is its involvement with government and university researchers. NNE drilled several test shale wells near Morgantown. The wells are part of an ongoing laboratory experiment that measures and pokes and prods everything, in an effort to learn more about shale drilling and its impacts. NNE’s test wells are a sort of living fracking petri dish. Reams of data pour in and get analyzed. Our friends at Kallanish Energy have done a deep dive into NNE. Here is a portion of their insightful report on this young and growing driller…
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    WV Gov. Justice Perpetrating an Injustice on NatGas Developer

    Steven B. Hedrick

    In June MDN told you about a controversy swirling around Steven B. Hedrick, CEO of Appalachia Development Group and also CEO of the non-profit Mid-Atlantic Technology, Research and Innovation Center, or MATRIC (see Manufactured Controversy re $10B NGL Storage Hub Proponent). Hedrick, in his role as CEO of Appalachia Development Group, has led an effort to get a $10 billion NGL storage hub established in Appalachia–most likely in West Virginia. It’s a huge amount of money, will take cooperation from multiple states and will require multiple sources of funding to make it all happen. Hedrick has led the effort. Both of WV’s U.S. Senators, Shelley Moore Capito (Republican) and Joe Manchin (Democrat) have worked on behalf of this project and have had words of high praise for Hedrick and his efforts. And then, “out of the blue” last month comes an attack on Hedrick from the Charleston Gazette-Mail. We now know why–the attacks were instigated by WV Gov. Jim Justice. Which makes us scratch our head. What in the world is Justice thinking? Why would he attack the one person who is key to the state attracting a project (and investment) equivalent to two cracker plants? What is Justice smoking?…
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    $83.7B Chinese Investment in WV Shale & Petchem Still Alive?

    Chinese yuan

    Is China’s $83.7 billion investment in West Virginia’s shale and petrochemical industries, announced last November, on hold or not? In early April, when the current “trade war” with China began to heat up, we said this with respect to the deal China signed to invest $83.7 billion in West Virginia shale and petrochemicals: “However, if a trade war does develop, it would be foolish to not think those investments (withholding them) will be used against us.” (see Will Trade War with China Affect $83.7B Investment in WV Shale?) In June at the Northeast U.S. Petrochemical Construction Conference in Pittsburgh, our fears (and prediction) were confirmed. Chinese officials were due to attend the event and announce the first round of investments in WV. However, Brian Anderson, director of the West Virginia University Energy Institute, said given the trade war now on with China, the officials elected to stay home instead. Anderson said, “The pending trade war has put this project in jeopardy” (see Trade War Puts $83.7 Billion Chinese Investment in WV on Hold). But what’s this? Anderson now appears to have changed his tune. He recently 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.” Hmmm. Which is it? Is the deal in jeopardy or moving forward?…
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    Where is Production Increasing (& Decreasing) in Marcellus/Utica?

    Natural gas production in the U.S. has rocketed skyward in just the past few weeks. According to the experts at RBN Energy, “the abruptness and sheer strength with which production has surged” has “taken the market by surprise.” Gas production rose in every region of the country, but it rocketed in one region in particular. Yep, in the Marcellus/Utica. When you look at how much our region was producing on June 7, and then again on June 28, the difference in just those three weeks is astonishing. Production of natgas soared and was 600 million cubic feet per day higher on June 28 than three weeks prior. Amazing! But production did not increase in every area of the Marcellus/Utica region. In one area, production decreased. Below you’ll find out where production went up, and where it went down in the M-U in June…
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    OVJA Exposed as Front for Murray Energy Blocking Gas-Fired Plants

    Enough is enough. It’s time to name names and put an end to blocking new gas-fired electric plants planned in West Virginia. WV has a long, proud history as a coal producer. According to West Virginia Coal Association President Bill Raney, some 95% of the electricity produced and used in the Mountain State comes from coal-fired plants. However, natural gas burns cleaner than coal, and frankly, natgas is now cheaper than coal. Yet WV still has not permitted or allowed a single new gas-fired plant to be constructed. 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. Drew Dorn, Director of ESC Harrison County Power and President of Energy Solutions Consortium (the company that has filed to build several new gas-fired plants in WV), points out Murray’s hypocrisy on the shale issue, by saying: “Murray Energy is trying to kill thousands of jobs on these projects. Murray Energy has made huge amounts of money off of natural gas in rights-of-way and other means, but when it comes to West Virginia natural gas making electricity, the company is trying to achieve through the courts what it could not through the marketplace.” The gloves are now off and it’s time to fight back–to get gas-fired plants built in WV. It’s time to “out” Bob Murray for the obstructionist he has become, and to expose him for the economic damage he’s causing…
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