Fed Court Denies NY DEC Bid to Block Power Plant Pipe Construction
Yesterday the federal Second Circuit Court of Appeals ruled against the New York Dept. of Environmental Conservation’s request to slap an ongoing block of construction for Millennium Pipeline’s Valley Lateral Project. As a quick reminder, Valley Lateral is a tiny, 7.8 mile pipeline that will connect the main Millennium line to the CPV Valley Energy Center gas-fired electric plant, currently under construction, due to be completed in the first quarter of next year. The DEC doesn’t like the power plant project (approved by the State of New York), and is using the pipeline as a political football to try and keep the plant from opening–no doubt at the direction of our corrupt governor, Andrew Cuomo. The DEC arbitrarily, after more than one year of review, ruled against issuing a federal water crossing permit for the pipeline. In an historic decision, the Federal Energy Regulatory Commission (FERC) overruled the DEC in September (see History Made! FERC Overrules NY DEC on Millennium Pipe Permit). The DEC, in a snit fit, demanded FERC not OK the beginning of construction until an army of DEC lawyers figures out a way to appeal, delay, obstruct and otherwise stop the project anyway (see NY DEC Appeals FERC Override of Millennium Pipe Decision). FERC didn’t listen to DEC, instead giving Millennium the go-ahead to begin construction (see FERC Humiliates NY DEC, Millennium Can Begin Construction on Pipe). NY sued FERC in federal court requesting an emergency stay of construction activities. The Second Circuit implemented a temporary stay. Yesterday the court dissolved that temporary stay and denied DEC’s request for a long-term stay until the full case against FERC is heard. Bottom line: Construction will likely begin TODAY…
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Did you know there is major news this week about the proposed Pennsylvania severance tax bill, House Bill (HB) 1401? No, you won’t read anything about what has happened with the bill this week, since the return of the PA House, in mainstream media. Why? Because mainstream media refuses to actually report news any more. They only pedal advocacy. HB 1401 continues to be blocked by courageous House Republicans, even though a variety of amendments have been raised and there was more floor debate on the bill–this week. The bill’s failure to garner a vote and the increasing likelihood it won’t, doesn’t fit mainstream media’s “this tax is inevitable” narrative. Go ahead–do a news search. Nothing in the Harrisburg Patriot-News (the “record” of what happens in the state legislature). Nothing in the Pittsburgh Post-Gazette, a reliable anti-drilling screed. Nothing in the Philadelphia Inquirer (is Andrew Maykuth on vacation?). And yet, there IS major news! The only source we could find to inform us of what’s happening is the leftist, Big Green former Secretary of the state Dept. of Environmental Protection, writing on a blog site. Our hat is off to David Hess for his willingness to do the job no one else will do, bringing us the blow by blow of what’s happening with HB 1401…
It continues to be a banner year for natural gas production in Pennsylvania, going by the latest quarterly production report. Yesterday, the PA Independent Fiscal Office (IFO) released their latest quarterly Natural Gas Production Report for Jul-Sep 2017 (full copy below). It shows natgas production rose 4.8% compared to the same period last year. It also shows the number of producing wells is up 9.3% from last year. Total natural gas production volume was 1,326.2 billion cubic feet (Bcf) and the number of producing wells in 3Q17 was 8,073. The biggest news is that 3Q17 saw the highest quarterly production of natural gas in the state–ever. The previous quarterly report had been the highest ever until this report came out (see 
In August, Ohio Gov. John Kasich officiated at a ceremony to launch a new Utica gas-fired electric generating plant in Oregon (Lucas County), near Toledo (see 
Mountain Valley Pipeline (MVP)–a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA–scored an important approval yesterday. Virginia’s Water Control Board issued a water permit/certification for the project. MVP, when built, will run through six Virginia counties. Prior to voting to approve the permit yesterday, the Water Control Board held a public hearing on Wednesday, largely so antis could spout off and feel better about themselves. Following yesterday’s vote, antis did what they always do–behaved like petulant, spoiled rotten children. At least one anti “screamed profanities at the board members and vowed to visit them where they live.” Yeah, bullying. Threats of violence. That’s the anti crowd for you. In early November the West Virginia Dept. of Environmental Protection (WVDEP) waived their right to issue a permit for MVP, instead deferring to the just-as-strict version of the permit issued by the US Army Corps of Engineers (see 
On Wednesday the West Virginia Department of Environmental Protection (WVDEP) “waived” the state’s authority under the federal Clean Water Act to determine if Atlantic Coast Pipeline (ACP) will harm rivers and streams, instead deferring to the US Army Corps of Engineers’ (USACE) Nationwide permit. The USACE Nationwide permit has the same exact standards as found in the WV version–so there’s no need to duplicate the paperwork. This is not the first time WVDEP has deferred to the USACE’s permit. They did the same exact thing with a water crossing permit for the Mountain Valley Pipeline project in November (see 
Yesterday was not a good day for our “little energy company that could,” Rex Energy. Their stock price sunk to a new low for the year–closing at $1.65 per share. Rex, focused mainly on the Marcellus/Utica (headquartered in State College, PA), has had its share of financial challenges. In the past it has swapped out old IOUs for new IOUs, converted debt (IOUs) into equity (shares of stock), sold off assets in other basins–a whole lotta stuff to keep on drilling (
We find this particularly loathsome. A Big Green supporter and far-left radical environmentalist who lives in Chester County, PA, Caroline Hughes, has filed a complaint with the Pennsylvania State Ethics Commission against PA Gov. Tom Wolf’s deputy chief of staff, Yesenia Bane. The complaint is a ginned up allegation that Bane “was regularly involved in meetings and travel related to her husband’s natural gas industry clients.” The so-called evidence comes from a copy of Bane’s travel schedule in 2016. She attended various shale meetings and conferences, on behalf of Gov. Wolf, and because she did so, Ms. Hughes would like to see Ms. Bane lose her job. Nice people those antis. Hughes makes the baseless charge that because Bane attended meetings where Bane’s husband, first a lobbyist for the shale industry and now an employee of EQT, had clients, her mere presence at such meetings constitutes a “conflict of interest.” Why? Because Bane’s presence somehow “benefits” her husband and his business. There’s no allegation of back room dealings or financial benefit from those meetings. No. Just a wild accusation, targeting someone because her husband has the gall to work for the shale industry. But that’s not all. Ms. Bane had the gall to remove a anti-pipeline radical from the Wolf Pipeline Task Force back in 2015. That little episode is mentioned in the same Big Green story as the charge that Bane had a conflict of interest. In other words, the conflict of interest charge is a ruse. This is payback for Bane’s action in removing the anti from the Task Force…
The “best of the rest” – stories that caught MDN’s eye that you may be interested in reading. In today’s lineup: Tellurian sells shares to fund Driftwood LNG project; Interior Dept delays Obama regulations on methane emissions; new data debunks claims that fracking lowers property values; billionaire investor sticks to investing in shale; Chesapeake is “self correcting”; Trump Administration investigates states delaying pipeline projects; the Panama Canal has become a “major problem” for shale exports; China’s November natgas imports hit new record; and more!
In early October MDN told you about a second Marcellus gas-fired electric generating plant being planned for Greene County, PA (see 
West Virginia University (WVU) is a research powerhouse. They have lots of researchers doing important work in a variety of disciplines. One of those disciplines is natural gas. WVU founded the Center for Innovation in Gas Research and Utilization (CIGRU) to “conduct transformative, fundamental, research directed at innovative pathways for shale gas utilization and upgrading.” CIGRU, along with two other non-shale related research programs, have just collectively received a $3.9 million Research Challenge Grant from the West Virginia Higher Education Policy Commission. The WVU press release doesn’t say how each of the three different recipients (CIGRU being one of them) got, but we figure they likely divided it evenly, hence our assumption that CIGRU got $1.3 million. And what will CIGRU do with the money? Figure out ways to keep more of the Marcellus/Utica gas coming out of West Virginia’s rocks in the state–used by residents and businesses who reside in WV. They want to grow the “downstream” sector of end users of natural gas and other byproducts from shale drilling…
As we do every month (and have for more than two years), MDN tracks how many rigs oilfield services company Patterson-UTI Energy reports operating–as a proxy for rig count health in general and rig count health in the Marcellus/Utica in particular. Patterson recently bought out and merged in Seventy Seven Energy (see 
Atlantic Coast Pipeline is a $5 billion, 594-mile natural gas pipeline that will stretch from West Virginia through Virginia and into North Carolina. The project will be built by Dominion Energy (lead) and Duke Energy (important partner). Years after the project filed with the Federal Energy Regulatory Commission (FERC), it was finally approved by FERC in October (see 
We’ve had our eye on oilfield services (OFS) company Weatherford International for some time. They are the fourth largest OFS company in the world. In 2016 they lost $3.4 billion. Not good. Earlier this year (in February) the company floated $2.5 billion in new debt and equity securities in an attempt to claw their way out of the hole they’ve dug (see 
We continue to be really impressed with the current Acting Chairman of the Federal Energy Regulatory Commission (FERC), Neil Chatterjee, and his willingness to take the fight right back to radical antis. Chatterjee is not unlike President Trump, who appointed him to the post. Frankly, it’s a surprise for us, since Chatterjee has worked for years for Senate Majority Leader Mitch McConnell (a swamp dweller). We figured Chatterjee was a swamp dweller too–but perhaps we misjudged him. Chatterjee recently turned up the heat with Facebook posts aimed at nutty Hollywood actor James Cromwell (he of Babe and Star Trek: First Contact fame). Cromwell recently attended a FERC meeting chaired by Chaterjee and proceed to make a king-sized @$$ of himself in the meeting room, requiring security to escort him from the room (see