FERC Rejects Antis’ Request to “Rehear” Atlantic Sunrise Decision
In March of this year, a variety of anti-fossil fuel Big Green groups filed a rehearing request with the Federal Energy Regulatory Commission (FERC), asking the agency to reconsider its decision to approve the Atlantic Sunrise Pipeline project (see Antis Attempt to Stop Atlantic Sunrise Pipe by Attacking FERC Order). Atlantic Sunrise is a $3 billion, 198-mile natural gas pipeline project running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from northeastern PA with the Williams’ Transco pipeline in southern Lancaster County. Before Big Green groups can sue FERC in federal court to try and stop a project, they must first file a request for rehearing. 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 rehearing is justified. During the time of the tolling order, work on a pipeline continues. Sometimes the work even gets completed! Which of course drives antis bonkers. By using a tolling order, FERC can drag out the process of deciding to deny a rehearing, avoiding the inevitable frivolous lawsuit that follows. That is, work on important projects actually gets done. Even though a tolling order was in place for the Atlantic Sunrise decision, antis still sued in federal court (several times, for a myriad of reasons), in an attempt to stop Atlantic Sunrise. It hasn’t worked. Construction is going strong. Last week FERC finally responded to the original request for a rehearing lodged back in March. FERC denied the request. When you read through FERC’s response, you’ll find many of the people and groups who requested a rehearing didn’t follow the rules and were simply dismissed as not having standing in the case. For those who do/did have standing, FERC methodically, meticulously, patiently explained why they are full of it…
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Pennsylvania landowners may think Christmas came early this year. Perhaps you’re a landowner and just received a surprise royalty check in the mail for a long-dormant well on your property. That well hasn’t produced in what seems like forever. Last time you got a royalty check was what…maybe 10 years ago? And look at this! Santa just visited! After all that time the driller decided to pump some more from that old well. But before you run to the bank and cash the check, thinking you can pay for more Christmas presents, better think twice. Or three times. You may about to be taken for ride. In July the Pennsylvania Senate passed an awful budget bill that includes a variety of new taxes, including a new severance tax on the Marcellus industry. The Senate also slipped in Section 1610 into the budget bill, which changes established lease law with respect to oil and gas wells that no longer produce anything (see 
Yesterday EQT released details about their plans for 2018 (see our lead story today, EQT Drills Longest Marcellus Well Ever, Reveals 2018 Plans). Plenty of news sources covered that news. However, EQT Midstream, the pipeline subsidiary of EQT, also released an announcement, which received almost no media coverage. And yet there is, for us, some big news in the EQT Midstream announcement. As you know by now, EQT recently bought and merged in Rice Energy, creating the largest onshore natural gas producing company in the United States (see 
Somebody needs to sue the New York University (NYU) School of Law and 10 state Attorneys General to stop a grievous practice–a bastardization of our justice system. We are floored to learn that NYU is paying to hire attorneys to work inside the offices of the Attorneys General in 10 different states–Pennsylvania being the latest. The aim of hiring these new assistants to work alongside AGs is to launch lawsuits to “protect” the environment–i.e. sue fossil fuel companies. It is a gross perversion of our legal system meant to challenge policies the very liberal NYU doesn’t like. Our legal system is now, apparently, for sale–at least it is in PA and nine other blue Democrat-controlled states. THIS MUST STOP. NOW. Since when does private money get to buy state workers? Since when does private money with VERY long strings attached get to determine how and what state workers will work on? This is wrong in so many ways. And probably illegal, which the NYU School of Law should know. If it’s not illegal (big if), at a minimum it’s grossly unethical. Paging U.S. Attorney General Jeff Sessions: You need to stop this–now!…
A township supervisor in East Goshen (Chester County), PA doesn’t like a pipeline coming through a portion of his township. So he’s asking PA Gov. Tom Wolf and state legislators to overturn 200+ years of law in the United States to empower him to either prohibit the pipeline from coming through his town, or drastically alter its course (making it unfeasible). Apparently Supervisor Marty Shane missed an important civics lesson in his elementary school social studies class. (Maybe he was taught in a Philadelphia school–that would explain it.) Mr. Shane wants municipal ordinances to supersede state and national regulations when it comes to pipelines. That is, he wants to reverse the way the law has worked for over 200 years–which is federal on top, then state, then local. Apparently Mr. Shane wants to grant his local fiefdom the same powers as (in this case) the state government. What Shane advocates, perhaps without realizing it, is a path to anarchy–where mobs of people determine what happens. The ultimate end of that is Lord of the Flies (read it sometime). Our founders, who (ironically) met in Philadelphia, crafted a system that created the single greatest country on earth. We the people elect representatives to represent us (called a republic, NOT a straight up democracy). Mobs do not make good decisions and our founders knew it. Under the U.S. Constitution, the federal government reigns over all. Then the state. And finally, local governments. The federal government reserves the right, under laws and statutes, to regulate interstate pipelines–precisely to prevent small-minded people from blocking them. After the feds come the states, who regulate oil and gas activity, and any pipelines not regulated by the feds (which covers the pipeline going through East Goshen). Local governments can and do pass ordinances on land use–but not ordinances that supersede the power of the state or the feds to site and regulate pipelines. Shane wants to reverse the order…
In September, MDN told you that the obsequious members of the Delaware River Basin Commission (DRBC) had slavishly obeyed their radical environmental masters by voting to move forward with a permanent ban on fracking in the Delaware River Basin (see 
Invasion of the body snatchers has become reality in Westmoreland County, Virginia. The Westmoreland Board of Supervisors passed amendments Monday night “to strictly limit gas and oil drilling.” However, that’s just a stopgap measure. The real aim is a full-out, flat-out ban on any kind of oil and gas drilling. Right after taking the vote, the illustrious body-snatched supervisors asked the county attorney to begin researching a moratorium they can enact without landing them in jail. Good luck with that. Virginia doesn’t have the Marcellus/Utica under it–at least not very much. But Virginia does have another shale layer–the Taylorsville. We commented back in 2014 that the state is inching closer to allowing fracking in the Taylorsville and other potential basins (see 
The “best of the rest” – stories that caught MDN’s eye that you may be interested in reading. In today’s lineup: Utica Shale 2017 year in review; Westmoreland Transit natgas station opens today; Shale Energy Alliance touts ways to build o&g industry in Ohio Valley; investors pour cash into shale; shale’s roller coaster ride will continue; ‘unknown unknowns’ threaten shale; natgas price balance depends on cold winter; China’s coal ban backfires, natgas shortages abound; OPEC wakes up to threat of shale 2.0; and more!
Last week Virginia’s Water Control Board issued a water permit/certification for the Mountain Valley Pipeline project–a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA (see 
Fairmount Santrol, an Ohio-based sand producer that sells sand as a proppant for use in Utica and Marcellus Shale drilling, announced yesterday it has accepted an offer to sell itself to another sand company–Unimin, a subsidiary of Belgium-based SCR-Sibelco. Fairmount Santrol shareholders will get a $170 million payment and 35% ownership in the newly combined company. The new company will have revenues approaching $2 billion per year. Fairmount Santrol’s CEO, Jenniffer Deckard, is expected to become the CEO of the new company (the name of the new company has not yet been decided). However, make no mistake–Fairmount is selling itself. The board of directors for the new company will have 6 members picked by Unimim parent SCR-Sibelco and 4 members picked by Fairmount Santrol. The location of the headquarters is still up in the air. A lot of unknowns at this point. However, one thing that IS known is that this is a done deal…
The West Virginia Oil & Natural Gas Association (WVONGA) issued a press release yesterday (that MDN didn’t receive) to tout the fact that property tax revenue on WV oil and natural gas production will provide “just over $96 million” to fund local school systems and vital community services. That is certainly cool and worth calling attention to. However, the WVONGA press release failed to point out that property tax revenue for local schools from o&g property taxes is going down by $38 million in 2017–because of the formula used to calculate those taxes. In Wetzel County, for example, Wetzel County Schools project a loss of $8.6 million in property tax revenue from oil and natural gas production for the 2017 tax year as compared to 2016. WV uses a formula based on production and pricing from the period two years prior to the current year. So property taxes from o&g are calculated on how much production, and the price received, during 2015–right at the bottom of the market. Which is why when production and prices are up now, tax revenues are down. Still, $96 million is nothing to sneeze at. Here’s the WVONGA press release, along with the rest of the story…
Yesterday MDN told you about EQT board member Bray Cary and his work as an unpaid, “informal” adviser to WV Gov. Jim Justice (see 
An important research report has just been released that shows no connection between Marcellus Shale drilling and death (i.e. mortality) rates in Pennsylvania. Since the dawn of shale fracking, antis have made wild claims about fracking leading to low birth weights, asthma, and early death for those who live near active shale drilling operations. This study (full copy below) refutes that junk science–by using real data and real facts. Energy in Depth (an industry group) sponsored the research, but they hired an independent researcher to do the work. Hey, if we don’t pay for real research, it won’t get done! The independent researcher analyzed Pennsylvania Department of Health data for the state as a whole and the counties of Bradford, Greene, Lycoming, Susquehanna, Tioga, and Washington from 2000 to 2014. The data shows mortality rates in those six PA counties (which happen to be the counties with the most Marcellus Shale development) have declined or remained stable since shale production began in the region. In fact, the top Marcellus counties experienced declines in mortality rates in most of the indices. This is yet more proof that natural gas is not only good for the environment, it’s good for humans too…
The International (non-U.S.) Baker Hughes rig count for November 2017 was 942, down 9 from the 951 counted in October 2017, but up 17 from the 925 counted in November 2016. The U.S. rig count for November 2017 was 911, down 11 from the 922 counted in October 2017, but up 331 from the 580 counted in November 2016. The average Canadian rig count for November 2017 was 204, unchanged from the 204 counted in October 2017, and up 31 from the 173 counted in November 2016. What about rig counts in the Marcellus/Utica? Pennsylvania lost one rig (second month in a row PA has lost a rig), running an average of 31 rigs during October. Ohio gained a rig to run an average of 30 rigs. West Virginia saw the biggest swing–a huge swing–by losing 3 rigs, running an average of 12 rigs last month. So the Marcellus/Utica combined lost 3 rigs last month. Here’s the BH update…
In October the radical group Environmental Defense Fund (EDF) published a “report” that makes the preposterous claim that New England customers have overpaid utility bills by $3.6 billion due to collusion between the natural gas and electricity industries (see