PA Court Upholds $1.1M Fine on EQT re Wastewater Impoundment
Yesterday Pennsylvania’s Commonwealth Court upheld a PA Dept. of Environmental Protection (DEP) fine levied on EQT for $1.1 million related to a leaky wastewater impoundment in 2012. The case dates back to 2014 when the PA Dept. of Environmental Protection (DEP) slapped EQT with a $4.53 million fine for a leaky wastewater impoundment in Tioga County, something that happened two years earlier (see PA DEP Levies Biggest Fine Ever, $4.5M Against EQT). EQT never said there wasn’t a problem with leaks at the site, but they did say the way the DEP calculated the fine was unreasonable and arbitrary. EQT appealed the fine and the case all the way to the PA Supreme Court, and in April of this year, the Supremes ruled in favor of EQT, saying that the DEP’s levied fine was excessive and that the DEP misinterpreted language in the 1937 Clean Streams Law (see PA Supreme Court Axes DEP $4.5M Fine in EQT Tioga Wastewater Leak). We thought that was the end of the case. But it wasn’t. The Supremes ruled on “water to water” contamination in the case, but not on “ground to water” contamination. PA law allows for companies to be on the hook for each day a contaminant enters the water table. In May the court heard oral arguments over how to prove whether contaminants in the soil have moved into groundwater (see EQT Continues to Fight PA DEP Fine re Wastewater Impoundment). What lawyers argued was whether or not, and how, the DEP can prove contaminants in the ground, there because of EQT’s leak, can be proven to have leached into the water on any given day. DEP claimed to have a formula and calculated a revised $1.1 million fine based on assumptions about how many days the contaminants leaked out of the ground. Yesterday, Commonwealth Court agreed with DEP and upheld the fine…
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The Sisters of the Corn (our name for the a group of nuns in Lancaster County, PA) are not giving up their wildly hypocritical lawsuit against Williams for building the Atlantic Sunrise Pipeline across their property. The good sisters are asking the U.S. Supreme Court to hear the case, claiming infringement of religious freedom. The nuns use natural gas to heat an old folks home they operate, yet are trying to block the Atlantic Sunrise Pipeline from traversing that very same property. We don’t know how they justify using natural gas yet actively try to block a pipeline that delivers it. The nuns, with the help of local anti group Lancaster Against Pipelines, stuck a garden trellis and a few wooden park benches in the middle of a corn field owned by the nuns (leased to a local farmer) directly in the path of the pipeline, declaring the site a “chapel.” Hence our attempt at humor, calling them “Sisters of the Corn.” The sisters then sued to block the pipeline based on religious grounds (see 
Penn Virginia issued what may appear to most to be a low-key, innocuous press release yesterday, announcing the company has added a new board member. Penn Virginia said that V. Frank Pottow has joined the Board of Directors as a new independent member, effective September 10, 2018. Pottow is the co-founder of GCP Capital and has been a managing director and member of the investment committee of Greenhill Capital Partners since July 2002. Why is that significant? Because Penn Virginia, as of July, is trying to sell itself (see
Antis on the Jessup (near Scranton, PA) Town Council delight in grilling officials from the Lackawanna Energy Center (LEC) at each monthly board meeting. LEC is a 1,480 megawatt, $1 billion Marcellus gas-fired electric plant still under construction, now 97% complete. When the plant is done it will be Pennsylvania’s largest natural gas-fired electric generating plant. The plant is being built in three trains or units. The first train/unit was done and online producing electricity since June–despite the efforts of a local group of antis who seized power of the local town board last November (see 
The “best of the rest”–stories that caught MDN’s eye that you may be interested in reading: Ashland County, Ohio, anti-fracking activists looking to Pa. for playbook advice; Bringing the forest back after shale gas; A call for more oversight on Algonquin pipeline expansion rallies legislators; Does a report on the shale boom give a glimpse at the benefits of energy dominance?; Coal is the most-used electricity generation source in 18 states; natural gas in 16; Natural gas will overtake oil to become North America’s ‘single largest energy source’ this year; When bad weather has struck, natural gas has been completely reliable; Next wave of U.S. LNG projects lurks but market fistfight is inevitable; The biggest challenge facing shale oil could be overcoming its own success; Qatar agrees to supply China with natural gas for next 22 years; US agrees to work with India on Iran oil imports ahead of sanctions; Trump’s energy secretary heading to Moscow to discuss more energy sanctions.
Today was the day that the $3 billion expansion of the Transco Pipeline in 10 northeastern Pennsylvania counties known as Atlantic Sunrise was supposed to up and running, following a slight delay from an August start (see
Bet you didn’t know that natural gas can be certified as “premium” and “responsible,” did you? No, we didn’t either. It was quite a surprise when we read that Southwestern Energy has, for the first time anywhere, sold natural gas to a customer (utility company New Jersey Resources) that has been certified as “responsible gas.” The certification comes from Independent Energy Standards Corporation (IES) and they call it their TrustWell™ Responsible Gas Program certification. And what does such a prestigious label certify? It certifies the gas was “responsibly developed.” As opposed to irresponsibly developed gas, which is what everybody sells. “Responsible” gas, according to IES, is gas that doesn’t leak as much methane during the extraction and transportation process, doesn’t spill as much water and chemicals on the ground, sources water from places that are, well, responsible (we suppose), and engages the community–to make them feel good about all this responsible-ness going around. Yes, you may detect a little bit of snark in our comments on this news–because we happen to think the industry at large is already doing a great job of being responsible–without having a label put on it. This is just marketing. Hey, if it floats your boat to have a “responsible” label on your gas (paying to do so), go for it. Such a designation will never impress the eco-nuts. IES says they think “in time” that some 25-50% of all gas sold in the U.S. will have such a certification/label as green-friendly. We think that’s an ambitious number, given the fact there are still only five Marcellus/Utica drillers who have gone through the rigors of receiving a certification from the 
Liberal Democrat State Rep. Glenn Holmes (from Girard, Trumbull County, OH) is attempting to use a hammer to kill a fly. That is, he’s floating House Bill 723 to cap the number of injection wells at 23 per county, in an attempt to block a new injection well from getting built in Hubbard Township. Currently Trumbull County has 17 live and functioning wastewater injection wells. Five more are currently under construction. If the bill passes, it would prevent a newly-proposed well in Hubbard from getting built. Come here fly, see this hammer? Instead of debating the merits (or lack thereof) of the single well in Hubbard, how many wells are too many in Trumbull County, Holmes wants to limit injection wells everywhere in the state as his preferred solution. Right now Trumbull and Ashtabula counties are tied for the top spot with 17 active injection wells each. Nearby Portgage and Stark counties both have 16 injection wells. Meigs County, in southeast Ohio, has 14 active injection wells. Here’s the latest Democrat shenanigan aimed at stifling the Utica (and Marcellus) industry in Ohio…
RINO (Republican In Name Only) Pennsylvania House of Representatives member Chris Quinn, from the Philadelphia area, introduced House Resolution 1034 last Wednesday. The resolution instructs the PA Dept. of Environmental Protection (DEP) and the PA Public Utility Commission (PUC) to prepare a “comprehensive risk assessment of the Mariner East 2 [ME2] Pipeline.” Even though ME2 is 99% built and will soon go online. The resolution, which if passed doesn’t have any practical effect since it’s not a law, is actually an exercise in political derrière covering. What if the DEP and PUC performed such a risk assessment, and what if the report they issued found there are some risks associated with ME2 (as there are will any/all pipeline projects, roads, electric lines, stepping outside your door, etc.)? What then? The pipeline isn’t going away. It’s still going to be used, now that it’s built. Such is how the game is played by political swamp dwellers. Quinn also says he’s about to introduce House Bill (HB) 2609 requiring the state Attorney General to draft a landowner “bill of rights”–issued to landowners who may be subject to eminent domain for pipelines. Can’t wait to see what that bill says…
We typically don’t report on the ups and downs of the stock price for Marcellus/Utica companies, primarily because the per-share price goes up, then it goes, down, then it goes up again…You get the picture. However, today we’re reporting on the share price for Eclipse Resources (as of last Friday) because it hit a new one-year low of $1.17 per share, before closing at $1.28/share. Bumping around the bottom of the barrel. Why pick on Eclipse about their stock price? Because they’re in the middle of getting bought out and merged into Blue Ridge Mountain Resources, the former Magnum Hunter Resources (see
Events related (or of interest) to the Marcellus and Utica Shale, primarily pro-drilling events. To have your event included (or if you are aware of a worthy event you believe should be on this page), please send the details and/or a link to have it included to the calendar@marcellusdrilling.com email address.
Below is an audio recording (“podcast”) featuring the Top 5 stories most read over the past week on MDN. Just click on the green button to listen. Below the recording is a list of the Top 5 with links to click to read the full stories (available only for subscribers). This list is meant as a way for folks to quickly catch up on the most essential news of the week–“essential” as determined by MDN’s audience of readers. Enjoy!