WV Bill Would Exempt O&G Industry from Storage Tank Law
Three years ago in the closing hours of the 2014 legislative session, WV legislature passed SB373, the “storage tank” bill (see Fate of 3 WV Laws that Impact Marcellus/Utica Drilling). That bill was in response to a chemical leak that affected the drinking water for 300,000 WV residents. Even though the leak was not related to oil and gas drilling (it was related to coal mining), the new rules governing above ground storage tanks for chemicals affect a number of industries, including the Marcellus Shale drilling industry (see Impact of WV’s New Chemical Tank Law on Marcellus Drillers). There was a lot of confusion about the law which requires just about all aboveground tanks (except your toilet) to be registered. WV ended up creating a new website to handle the confusion around the law (see WV DEP Launches New Website to Assist with Storage Tank Law). The writing was on the wall. It was obvious the law, as written, was totally unrealistic and unworkable. During the closing hours of the 2015 legislative session, WV legislators passed a partial repeal of the 2014 law, to fix it so it’s more workable (see WV Fixes Above Ground Tank Law, Now Less Onerous for O&G Industry). The industry still isn’t happy and is lobbying for a total exemption from the law. House Bill (HB) 2811, introduced last week, would do just that…
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Last Friday Canadian driller and midstream company Epsilon Energy issued its fourth quarter and full year 2016 update. Epsilon, you may recall, had a shareholder rebellion in 2013 and threw out the sitting board of directors (see 
The Mountain Valley Pipeline (MVP) is a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA. The project, which filed an official application with the Federal Energy Regulatory Commission in October 2015, is being built by EQT, NextEra Energy and several other partners. The project has faced stiff opposition from landowners in West Virginia (see 
Is there still a market need for the NEXUS Pipeline project? That is the $2 billion question. Last December, the Federal Energy Regulatory Commission issued a positive final Environmental Impact Statement (see 
The Delaware River Basin Commission (DRBC), charged with overseeing potential impacts on the Delaware River and the various tributaries that feed it, has stepped outside of its legal bounds with plans to review the PennEast Pipeline, part of which will run through the Delaware River Basin area. In 2014 the DRBC tried to tell PennEast and its sponsors that the pipeline will need their approval before it can be built (see 
Events related to drilling in the Marcellus and Utica Shale, primarily pro-drilling.
The “best of the rest” – stories that caught MDN’s eye that you may be interested in reading. In today’s lineup: Rover Pipeline ready to roll; President Trump to name 3 FERC nominees, including PA’s Rob Powelson; another taxpayer-funded green energy firm files for bankruptcy; CELDF wants to seize municipalities to use as “torpedos” against state and feds in fracking wars; greenhouse gas goals go up the smokestack; warm weather leads to first recorded natgas storage injection in February; and more!
Earlier this week Rex Energy, a driller focused mainly on the Marcellus/Utica (headquartered in State College, PA), released their fourth quarter and full year 2016 financial update and held an earnings call with analysts to discuss. The company released their operational update back in January (see 
New Jersey’s largest utility, Public Service Enterprise Group (PSE&G), is shopping its ownership stake in the $1 billion PennEast Pipeline project. Which may sound bad, but isn’t. Is PSE&G losing confidence in the project? Not happy with progress (or lack thereof)? Afraid it won’t ever get built? No, no and no. According to a company spokesman, the $10 billion PSE&G wants to focus on power projects, not pipelines. A little background and context is helpful. PennEast is largely being driven by Pennsylvania-based UGI, a natural gas and electric utility serving 700,000 customers in 45 counties in Pennsylvania and one county in Maryland. UGI is managing the project, and has the largest ownership stake. Other investors/owners of the project include PSE&G, which has only invested $11 million and owns a 10% stake; NJR Pipeline Company, a subsidiary of New Jersey Resources, an NJ utility; SJI Midstream, a direct subsidiary of South Jersey Industries; Southern Company Gas, a wholly owned subsidiary of Atlanta-based Southern Company, a midstreamer; and Spectra Energy, now a part of Enbridge, yet another pipeline company. Even though PSE&G wants to sell its share of the project for financial reasons, it will remain one of the customers for the PennEast Pipeline when (not if) it gets built…
A few fun facts for this festive Friday. In 2016, the state of Pennsylvania produced 5.26 trillion (with a “t”) cubic feet of natural gas–roughly 20% of all natural gas produced in the U.S. last year. Amazing! What’s even more amazing is that 10 years ago, prior to the Marcellus, PA produced 176 billion cubic feet of natgas–or just 3% of the natgas PA produced last year. Behold the miracle of the Marcellus Shale! Here’s some more details about PA’s natgas production history…
Sometimes this regulatory stuff gives us a headache. Like today. A common practice by anti-fossil fuel nutters when opposing a pipeline project at the Federal Energy Regulatory Commission (FERC) is to request a “re-hearing” on a decision FERC has made to authorize a project. It’s just standard operating procedure. If the antis can get FERC to agree to a re-hearing, it effectively slows, even stops, an active pipeline project. So in an effort to prevent important projects from being slowed or stopped, FERC developed something called a “tolling order”–which grants FERC more time to consider whether or not a full re-hearing is justified. During the time of the tolling order (which can last up to six months), work on a pipeline continues. Sometimes the work even gets completed! Which of course drives the antis bonkers. Antis claim FERC uses tolling orders to avoid lawsuits. You see, antis can’t take their frivolous cases to a court until FERC has officially denied a re-hearing request. So by using a tolling order, FERC can drag out the process of deciding to deny a re-hearing, avoiding the inevitable frivolous lawsuit that comes with it, and work on important projects gets done. This is how things must operate in our litigious society that tolerates the antics of anti-fossil fuelers (with seemingly bottomless pockets of money to litigate every project). New wrinkle: When FERC Commissioner Norman “cry baby” Bay resigned in a huff effective Feb. 3, it left FERC without enough Commissioners (without a quorum) to vote on tolling orders, re-hearing requests, etc. So on Feb. 3, before Bay left, the existing three Commissioners delegated their authority over re-hearings and tolling orders to FERC staffers–until a new Commissioner is appointed and sworn in. Antis against Atlantic Sunrise are using the delegated tolling order issue against FERC in their attempt to stop commencement of construction on Williams’ Atlantic Sunrise Pipeline project, claiming they are being deprived of their “due process”…
There are a few last, desperate gasps at attempting to stop Sunoco Logistics Partners’ Mariner East 2 natural gas liquids (NGL) pipeline from being built. The pipeline is currently under construction (see 
The Pennsylvania Dept. of Environmental Protection (DEP) says 2,400 staffers and $728 million (proposed for 2017-2018) isn’t enough. More! Feed me! I need more!! Appearing at a budget hearing yesterday with state legislators, Acting Secretary of the DEP Pat McDonnell cried the blues. The DEP is authorized, according to last year’s budget, to have 2,700 employees, but McDonnell says the agency currently has 2,400. Not sure what the 300 difference is about. But, whatever. He also says the federal EPA is about to whack the money it hands out to state agencies, including the DEP, and that has McDonnell concerned…
Letters are on their way to 283 Clinton County, PA property owners asking them to participate in a “free” (i.e. paid for by taxpayers) sampling of their well/drinking water supply. The U.S Geological Survey is conducting a study in the area in part to gauge the impact of nearby shale drilling on water supplies. What’s that? Is there ANY Marcellus drilling in Clinton County? As it turns out, there are a few wells–or at least there have been a handful of permits issued over the years, so we’re guessing some of those permits turned into drilled wells. Hey, we’re not complaining. Every time these types of studies are done they always come out the same way: shale drilling doesn’t impact water drinking water supplies. So have at it. We can always use yet one more study to prove what has already been proven…