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BY DENISE ALLABAUGH (STAFF WRITER)
Published: August 26, 2010

WILKES-BARRE – Encana Oil & Gas continues its quest for natural gas.

The company remains in an exploratory mode as it drills two natural gas wells in Fairmount and Lake townships, said company Vice President Don McClure.

“It’s very dependent on what we find in those two wells as to what our next steps are going to be,” Mr. McClure said.

Mr. McClure and Brian Grove, senior director of corporate development for Chesapeake Energy Corp.’s Eastern Division, spoke about the impacts of drilling natural gas wells to more than 100 business leaders who attended the Greater Wilkes-Barre Chamber of Commerce’s CEO-to-CEO networking breakfast Wednesday at the Westmoreland Club.

Earlier this month, the Luzerne County Zoning Hearing Board granted Encana Oil & Gas conditional use to drill 10 more wells in Fairmount and Lake townships. Mr. McClure says the company is “being very conservative” with the drilling process.

“We’re only going to drill a couple wells and we’ll evaluate what they’re going to produce,” Mr. McClure said.

The company drills wells simultaneously to be efficient and reduce community impact, Mr. McClure said. The potential for water pollution are among the concerns arising from the increased drilling. Yet, Mr. McClure said he sees natural-gas drilling as a “tremendous opportunity” that could reduce dependence on Middle East oil from about 44 percent to 10 percent by increasing natural gas production.

“That’s substantial,” Mr. McClure said. “That’s the kind of impact that Marcellus Shale can have.”

Showing the company’s track record in the United States and Canada on a slide presentation, Mr. McClure said the company takes safety of people and the environment very seriously. As the second largest natural gas producer in North America, he said Encana’s goal is not to be the biggest but the “best we can possibly be.”

“We’re always pursuing a higher safety standard,” he said.

Both Mr. McClure and Mr. Grove touted benefits of natural gas drilling, which they said will be an economic development engine for job growth.

When asked how many jobs could be created as a result of Marcellus Shale, Mr. McClure said studies show for every one percent increase in natural gas production across North America, that correlates to 20,000 to 30,000 jobs.

More than 350,000 oil and gas wells have been drilled in Pennsylvania since the first commercial oil well was developed in 1859, according to the state Department of Environmental Protection.

When asked what the biggest misconception of drilling is, Mr. Grove was quick to respond, “Hydraulic fracturing.” Fears about hydraulic fracturing, or the process used in wells that results in fractures in rocks, have been driven by a “lack of knowledge,” he said.

Contact the writer: dallabaugh@citizensvoice.com

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Copyright:  The Scranton Times

By Robert Swift (Harrisburg Bureau Chief)
Published: August 25, 2010

HARRISBURG – Opposing parties in a high-profile bid by a gas-pipeline company to gain public utility status are attempting to reach a settlement.

The state Public Utility Commission has suspended hearings into the application by Laser Northeast Gathering LLC to become a regulated utility because of the effort to reach a settlement by Sept. 10, agency spokeswoman Jennifer Kocher said Tuesday.

Laser Northeast plans to build a 30-mile natural gas pipeline from Marcellus Shale exploration areas in Susquehanna County into southern New York, where it will connect to a larger interstate pipeline. The company has a field office in New Milford.

The Silver Lake Association, several individuals and the company have agreed to seek a settlement, Kocher said. Not all parties who filed intervention requests in the case, including some energy firms, have indicated they support a settlement, however.

The pipeline case has drawn attention because of the prospect that Laser Northeast, as a public utility, could exercise the power of eminent domain to acquire private property for the pipeline. Tom Karam, a Laser Northeast principal and Scranton native, has said the company wants to avoid land condemnation.

Under state law, a utility can exercise eminent domain, but a Common Pleas Court judge in a respective county would have to grant that power, Kocher said.

PUC Administrative Law Judge Susan Colwell held a public hearing on the case in June at Great Bend.

If a settlement is reached, it would undergo a review process with a decision by PUC near year’s end.

rswift@timesshamrock.com

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Copyright:  Citizens Voice

By Elizabeth Skrapits (Staff Writer)
Published: August 23, 2010

DALLAS TWP. – Would local officials be powerless to stop a natural gas company from drilling a natural gas well in the middle of a housing development?

Not according to a new state court ruling, which affirms the right of municipal and county officials to limit natural gas drilling to certain districts, such as agricultural, mining or manufacturing, and out of residential neighborhoods.

“Gas drilling is here to stay, and it affects the Back Mountain region very extensively.” Attorney Jeffrey Malak told members of the Back Mountain Community Partnership as he outlined the new court decision.

Thousands of acres in the Back Mountain have been leased by natural gas companies, and Encana Oil & Gas USA Inc. is drilling the second of two exploratory natural gas wells in Lake Township.

Traditionally, local officials have limited say when it comes to natural gas drilling. Technical aspects, such as what kind of materials to use and how the well is drilled, are governed by the state Oil and Gas Act. But local officials are gaining more and more say in where wells can be drilled.

Two previous cases, Huntley & Huntley v. Oakmont Borough and Range Resources v. Salem Township (Westmoreland County) set precedents allowing local officials some leeway in regulating where natural gas companies can drill.

A third, Penneco Oil Co. Inc. v. the County of Fayette, decided in Commonwealth Court on July 22, determined the state Oil & Gas Act does not trump local zoning ordinances, and that local officials can take steps to protect the residential character of neighborhoods.

In the case, Penneco, Range Resources Appalachia LLC and the Independent Oil and Gas Association of Pennsylvania took Fayette County Office of Planning, Zoning and Community Development to court, saying they did not have to follow the county’s zoning ordinance because the state Oil and Gas Act made it invalid. The court ruled in favor of the county.

“This opens up the floodgates and says municipal zoning is not pre-empted,” Malak said.

The Penneco case allows that gas wells cannot be located within the flight path of an airport runway; that they must be at least 200 feet from a residential dwelling; and that officials can require fencing and shrubs around the well site. It also allows zoning hearing boards to impose any other provisions to protect the health, safety and welfare of residents.

Whether the Penneco case will be appealed is anybody’s guess, but it’s the law unless the state Supreme Court changes it, Malak said.

Dallas Borough already has some of the provisions in its zoning ordinance, Malak said. In Jackson Township, where he also serves as solicitor, the supervisors will put similar provisions in the zoning ordinance when it is drafted over the next couple of months, Malak said.

Dallas Township Supervisor Chairman Phil Walter asked Malak if there was a way to protect a municipality against fly-by-night operators who will leave when something goes wrong.

The case does allow for bonds, even large ones, to be put in place to protect the health, safety and welfare of residents, Malak said.

Kingston Township Supervisor Jeffrey Box asked if local officials can require a land development plan from natural gas companies. Malak said they could, and they can require special exceptions, meaning there has to be a hearing in front of the zoning hearing board to grant permission and to impose any standard planning and zoning fees.

But, he said, there are still aspects of natural gas drilling that will have to be decided in court, such as whether there can be restrictions on hours drillers can operate and whether they can be barred from using roads at certain times.

eskrapits@citizensvoice.com , 570-821-2072

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Copyright:  The Citizens Voice

Experts say area should prepare because drilling is not far off

SCRANTON — Drilling for natural gas in Marcellus Shale in Monroe and Pike counties? It’s not a question of if, but when.

That was the word from around the state Thursday at a forum at Marywood University, where experts said the region is rich in the valuable fossil fuel.

The bulk of the drilling now in northeast Pennsylvania is along the northern tier but could eventually extend into the Poconos.

Kathryn Zuberbuhler Klaber, president and executive director of the Marcellus Shale Coalition, said areas more conducive to the entire operation — including roads and pipeline — are the first areas that will be drilled. Once more companies get involved and more money is available, drilling could expand to other parts of the state that haven’t seen it yet.

“There’s only so much capital right now,” she said. “By its nature, you’re going to see that concentrated development.”

Currently, there are no Marcellus Shale drilling operations in Monroe or Pike counties. There is only one in Wayne County.

One roadblock from local drilling right now is the Delaware River Basin Commission, which stopped issuing drilling permits in 2009 until it can formulate a list of regulations gas companies must meet.

Clarke Rupert, spokesman for the DRBC, said the commission hopes to have those regulations finalized by the end of the summer and adopted by the end of the year, admitting that’s an “optimistic” schedule.

Marcellus Shale is found in most of Pennsylvania and parts of New York and West Virginia, about 5,000 to 8,000 feet below the surface. It had been considered too expensive to drill, but advances in technology and the rising cost of natural gas made it more attractive, according to the Pennsylvania Department of Environmental Protection.

The new method of drilling — hydraulic fracturing, known as “fracking” — uses large amounts of water mixed with sand and other items to fracture the shale and allow the gas to flow, according to the DEP. The water used is then treated before it is released back into the water system.

However, residents near some drilling operations have complained that local water supplies have been damaged. That’s led to some in the state to wonder if this is another coal industry, which ravaged the land of the Scranton/Wilkes-Barre area before it was gone.

U.S. Rep. Paul E. Kanjorski, D-11, called the shale movement “our second chance” to correct the mistakes of the coal industry.

“Don’t exploit us, and we’ll work with you,” he said our message should be to gas companies. “Exploit us, and you don’t know the (bother) we can be to you.”

John Quigley, secretary of the state’s Department of Conservation and Natural Resources, said about half of Pennsylvania’s state parks are in areas where Marcellus Shale is thought to be present, and about 700,000 of the 2.1 million acres of state forest land already is leased by gas companies.

He called for the state to stop issuing permits to gas companies until there is more known about the industry.

“Frankly, I think we need to take more than a timeout, we need to take a stop,” he said.

U.S. Sen. Bob Casey, D-Pa., encouraged local government leaders who may not have many avenues of protecting themselves to write and even pressure their state and federal representatives to make sure the Marcellus Shale industry is regulated.

“There is almost no area that can look and say, ‘That’s someone else’s problem,’” he said. “We all have to do what we can to make sure this is done the right way.”

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Copyright:  Pocono Record

By Elizabeth Skrapits (Staff Writer)
Published: August 19, 2010

Drilling is close to wrapping up at Luzerne County’s first natural gas well, paving the way for Encana Oil & Gas USA Inc. to start on the second.

In a recent release, Encana reported drilling operations at the Buda natural gas well site on Route 118 behind the Ricketts Glen Hotel in Fairmount Township are expected to be finished within the next two weeks. Construction of the drilling pad at the Salansky site on Zosh Road in Lake Township is also “nearing completion and preparation for active drilling operations will start soon,” the company stated.

However, Encana stated that the completion process, which includes hydraulic fracturing, has not yet been scheduled for either site.

The wells will take approximately 6 millions of gallons of water for hydraulic fracturing.

The Susquehanna River Basin Commission, which regulates large water withdrawals, has granted Encana permits to take water from three sources shared with other natural gas drilling companies and three municipal sources.

The municipal sources are Dushore Water Authority in Sullivan County, Towanda Municipal Authority in Bradford County and Tunkhannock Borough Municipal Authority, Wyoming County.

Encana has SRBC permission to take up to 499,000 gallons per day from a Citrus Energy source at the North Branch Susquehanna River in Washington Township, Wyoming County; up to 999,000 gallons per day from the Mountain Energy Services Inc. source at Tunkhannock Creek in Tunkhannock Township; and up to 240,000 gallons per day from the Bowmans Creek withdrawal site of Randy Wiernusz in Eaton Township.

Withdrawals from the Citrus Energy site are currently on hold due to low stream levels, triggering what the commission calls “pass-by restrictions,” according to Susquehanna River Basin Commission Spokeswoman Susan Obleski.

Citrus Energy and Mountain Energy were also under the restrictions, but Obleski said those have been lifted.

“The other two are available, but I understand the stream flows are dropping quickly there again, so it could be only a matter of time that they’re put on hold again,” she said.

Encana also announced that in the event of a natural gas well emergency, the company is partnering with Cudd Well Control as a first responder.

Cudd, which is based in Houston, Texas, has opened a branch on Route 414 in Canton, Bradford County – the first well-control specialists to start operating in Pennsylvania. Previously, specialists from Texas had to be flown in to handle natural gas well emergencies.

“We’ve worked with Encana for a long time in Texas and look forward to partnering here in Pennsylvania,” Troy White, Cudd’s director of business development, said in a prepared statement. “Our specialized team is already familiar with Encana’s safety practices, so we expect a smooth transition to first response planning with Encana in the Marcellus.”

eskrapits@citizensvoice.com, 570-821-2072

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Copyright:  Citizens Voice

By Steve McConnell (Staff Writer)
Published: August 16, 2010

Although a natural gas drilling ban is in effect for much of Wayne County, one company is lining up permits for what may become the county’s first producing wells – in a small area just a hop across the Delaware River watershed boundary.

Hess Corp. has natural gas development permits either pending or recently approved for at least six hydraulically fractured Marcellus Shale wells along the county’s far northwestern border, according to state Department of Environmental Protection and Susquehanna River Basin Commission records.

Nearly all of the county lies within the Delaware River watershed, a vast 13,539-square-mile area that drains into the Delaware River. But this sliver in its far northern reaches is in the Susquehanna River watershed. There, the presiding Susquehanna River Basin Commission has granted hundreds of water-use permits to the burgeoning industry centered regionally in Susquehanna and Bradford counties.

Hess, which has leased at least 100,000 acres in northern Wayne County in a joint-development partnership with Newfield Exploration Co., had received regulatory approval from both the Susquehanna River Basin Commission and DEP for three Marcellus Shale wells in the Susquehanna watershed as of Saturday, according to a record review.

The permits were issued in late June and July. The pending and approved wells are concentrated in an area that encompasses Scott and Preston townships and Starrucca. The company will be “drilling and hydraulically stimulating one or more horizontal natural gas wells,” according to each permit application.

“An accounting of how (the companies) are going to use the water” is made before the commission decides to issue a permit, Susquehanna commission spokeswoman Susan Obleski said.

Efforts to reach officials with the New York City-based Hess Corp. were unsuccessful.

Drilling in Wayne County’s portion of the Delaware River watershed is a different story.

The Delaware River Basin Commission recently enacted a moratorium on the drilling of producing natural gas wells, which may be in effect for at least six months to a year. Meanwhile, Wayne County does not have a single producing well, nor has it seen any wells hydraulically fractured.

The only natural gas company that has attempted to hydraulically fracture a Marcellus Shale natural gas well in Wayne County, Lafayette, La.-based Stone Energy Corp., was issued a stop-work order in the summer of 2008 for its partially completed well in Clinton Twp. because it lacked a permit from the Delaware River Basin commission.

The Delaware River commission, a federal-state environmental regulatory agency charged with protecting the environmental integrity of the watershed, has stringent jurisdiction over the watershed and over natural gas drilling operations there.

It has placed a blanket moratorium on natural gas drilling until it develops its own industry regulations which are expected to exceed some DEP enforced laws.

“(Delaware) River Basin Commission consideration of natural gas production projects will occur after new … regulations are adopted,” said spokesman Clarke Rupert.

Mr. Rupert said draft regulations are expected to be published by the end of the summer. They will be followed by a series of public meetings and comment periods prior to final approval by commission vote.

“I expect those draft regulations will include provisions relating to the accounting of water movement since we would want to know the source of water to be used to support natural gas development and extraction activities in the basin,” Mr. Rupert said.

Meanwhile, the Delaware River commission is allowing 10 natural gas exploratory wells to go forward in Wayne County. They will not be hydraulically fractured, produce gas, or require much water. Hess Corp. and Newfield Exploration Co. received approvals for these wells from DEP prior to the June 14 moratorium.

Contact the writer: smcconnell@timesshamrock.com

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Copyright:  The Scranton Times

By Laura Legere (Staff Writer)
Published: August 13, 2010

There are no unleased acres left in Pennsylvania’s state forests where Marcellus Shale natural gas drilling sites, pipelines and access roads could be built without damaging environmentally sensitive areas, according to a new analysis by the Department of Conservation and Natural Resources.

Nearly 139,000 acres of state forest have been leased for gas drilling since 2008 and money from those lucrative leases – a total of $354 million – has been used to help balance the last two state budgets.

But DCNR Secretary John Quigley said the era of leasing large parcels of state forests for gas drilling is over.

“We may do some little stuff here and there,” he said, “but in terms of large-scale leasing, we’re done.”

The department’s findings, demonstrated in a series of overlain maps on DCNR’s website, show the forests in northcentral Pennsylvania above the gas-rich Marcellus Shale crowded by leased land, parcels where the state does not own the mineral rights and places where development must be restricted.

Of the 1.5 million acres of state forest underlain by the shale, 700,000 acres have already been leased or the mineral rights under them are controlled by an owner other than the state.

An additional 702,500 acres are in ecologically sensitive areas – places with protected species, forested buffers, old growth or steep slopes. Another 27,500 acres are designated as primitive and remote lands, 49,600 acres were identified through a forest conservation analysis as priority conservation lands, and the last 20,400 acres are so entwined with the other sensitive areas that they cannot be developed without damaging them.

The department began to study the limits of the state forest land that can safely be leased to gas drillers as it developed a series of Marcellus gas leases in 2008 and January and May 2010.

Gas drilling has taken place on state forest land for over six decades, and mineral extraction is one of the forest’s designated uses, along with sustainable timber harvesting, recreation and conservation. But, Mr. Quigley said, “There are limits to how much you can develop the resource and maintain balance. And I think we’re there.”

There are currently about 10 producing Marcellus Shale gas wells in the state forest. The department expects there will be about 6,000 wells on 1,000 separate drilling pads when the resource is fully developed in 15 or 20 years.

The secretary said the prime consideration for any future leasing, “if we do any at all,” will be that drilling or associated activities not disturb the forest’s surface – a possibility with horizontal drilling technology that enables drillers to access the mile-deep shale from adjacent properties.

The impact of the DCNR’s findings is unclear.

Gov. Ed Rendell said earlier this year that no additional forest land will be offered for lease during his tenure, which ends in January, but the department’s findings have no legal bearing on the next administration’s ability to change its forest policy.

A bipartisan group of lawmakers in the House passed a three-year moratorium on new leasing of state forest land for gas drilling in May, but the measure has not been taken up by the Republican-led Senate.

Patrick Henderson, a spokesman for Sen. Mary Jo White, R-21, Franklin, chairwoman of the Senate Environmental Resources and Energy Committee, said he does not sense “at all” an upswell of support among the members of the Senate to pass it.

Mr. Henderson said the department’s findings “carry some weight,” but he said the claim that there is no forest land left for surface gas development is subjective.

“I think different people can conclude if there may be some tracts of land out of 1.5 million that lie within the fairway to lease,” he said.

A $120 million lease deal DCNR reached with Anadarko Petroleum Corp. in May that is expected to have minimal impact on the state forest’s surface could not have been possible if the House’s moratorium bill had been law, he said.

“There’s something to be said for having a fresh set of eyes under the new administration take a look at it and draw their own conclusions.”

Mr. Quigley was optimistic that if future decisions about forest leasing are left to DCNR, his department’s findings will stand.

“The science tells us that we’ve reached the limit,” he said. “The question becomes whether we will face another occasion when economics looms larger.”

ONLINE http://bit.ly/DCNRmaps

Contact the writer: llegere@timesshamrock.com

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Copyright:  The Scranton Times

By Robert Swift (Harrisburg Bureau Chief)
Published: August 10, 2010

HARRISBURG – The natural gas industry is lobbying lawmakers to tax natural gas production at a lower rate during a well’s early years of production.

Proposals for a three-tiered well tax, requiring pooling together land parcels for drilling operations and making drilling a permitted use for local zoning are being advanced by the Marcellus Shale Coalition, an industry trade group. A copy of the coalition’s legislative agenda is circulating at the Capitol.

“Together, these policies will help ensure that Marcellus development remains competitive with other shale gas producing states and that critical capital investment will continue to flow into the region,” coalition president Kathryn Klaber said Monday.

Tax deadline Oct. 1

The coalition’s proposal surfaces with leaders of the House and Senate declaring their intent to pass a state severance tax by Oct. 1 and have it go into effect Jan. 1, 2011. The declaration is part of a state budget package enacted last month. Lawmakers return to session in mid-September with the Marcellus Shale and transportation funding issues competing for attention.

The newest details in the proposal focus on what production would be taxed at lower rates or exempt, an already contentious issue in Harrisburg.

Under the proposal, “high cost” Marcellus Shale wells that go to 5,000 feet or more below the surface to reach deep gas pockets would be taxed at 1.5 percent of market value of gas produced for the first five years, with a five percent tax rate kicking in after that.

So-called marginal Marcellus wells would be taxed at one percent of market value. These are described as wells not capable of producing more than 150,000 cubic feet of gas per day in a month. Wells not capable of producing more than 90,000 cubic feet of gas per day in a month would be exempt from taxes under the proposal.

Shallow gas wells would be exempt from taxes.

Market value would be defined as the amount generated through cash receipts less the cost of dehydrating, treating, compressing and delivering the gas.

As an example of high costs, the coalition cites a provision in state law that requires Marcellus producers to drill down into the Onondaga Layer which underlies the Marcellus Shale formation if the drilling takes place in a coal region. The added cost can amount to $200,000 per well, it states.

The Pennsylvania Budget and Policy Center issued a report recently criticizing tax breaks on new wells as depriving the state of tax revenue during a well’s greatest years of production.

“It would be a severance tax in name only,” said center executive director Sharon Ward.

The industry is seeking a two-sided exemption, with the reduced tax rate at the start and exemption for wells it considers low-producing, said Michael Wood, center research director. A 150,000-cubic-feet threshold is high, he said.

‘Use by right’

In addition, the coalition wants lawmakers to declare drilling a “use by right” in local zoning ordinances. That means drilling would be allowed, without the need for a major review by a local government, as long as it meets the standards specified in an ordinance. A local zoning permit would still be needed, but that would be issued relatively quickly.

This would provide for gas development in an orderly way while allowing municipalities to impose reasonable conditions on land used such as lot size and landscaping and safety features, the coalition said.

“We have problems with that,” said Elam Herr, an official with the Pennsylvania State Association of Township Supervisors. A township can’t exclude drilling under zoning laws, but local officials should be able to say where it takes place and keep it out of areas zoned for residential use, he said.

Other proposals call for providing incentives to convert state and local government and transit vehicles to natural gas fueling and giving priority to tax revenue distribution to host municipalities and counties.

Contact the writer: rswift@timesshamrock.com

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Copyright:  The Daily Review

Published: August 6, 2010

By Laura Legere

Staff Writer

When the New York State Senate passed a nine-month moratorium on a crucial natural gas drilling technique late Tuesday, legislators there held up Pennsylvania, state regulators and a small Susquehanna County community as models for how not to drill for gas in the Marcellus Shale.

The senators’ criticism raised the ire of Pennsylvania Environmental Protection Secretary John Hanger, who defended the state’s environmental regulations on Thursday and criticized New York for riding the moral “high horse while consuming Pennsylvania gas.”

“If they are so ashamed of what’s gone on here perhaps they should stop buying Pennsylvania gas,” Hanger said.

The sponsor of the New York legislation barring hydraulic fracking, Senator Antoine Thompson, twice visited Dimock Township, in Susquehanna County, and Bradford County in the last eight months to learn from citizens and gas companies about the positive and negative effects of drilling – experiences he cited when he introduced the bill for a vote.

“I think because the state of Pennsylvania was so thirsty to get this development opportunity they did not have enough infrastructure in place, making sure they were inspecting the wells properly, making sure that landowners were protected,” Thompson, D-Buffalo, said Tuesday night.

Despite his opposition to the moratorium, New York State Senator Tom Libous, R-Binghamton, spoke even more critically of Pennsylvania.

“Shame on the state of Pennsylvania,” Libous said. “Shame on their Department of Environmental Protection … because they screwed up badly. They didn’t keep an eye on those who were drilling. They didn’t keep an eye on environmental factors on behalf of the citizens of that state.”

Hanger agreed the experience in Dimock was “unacceptable” – the department found that faulty Cabot Oil and Gas Corp. natural gas wells caused methane to contaminate residents’ drinking water there. But he described two years of work the department has dedicated to strengthening Pennsylvania’s drilling standards and enforcement, including doubling the size of its gas enforcement staff while “New York has added nobody.”

“If New York demands to have no impacts from drilling, then they better have a moratorium that extends not just through May 2011, but forever,” he said. “You cannot have drilling, even done well, and get zero impact.”

When companies have “screwed up, like Cabot screwed up in Dimock,” he said, “we’ve come down on them very, very hard.”

Marcellus Shale drilling has been on hold in New York since 2008 when the state’s environmental regulatory agency began reviewing the environmental impact of the deep well drilling and updating its permitting requirements. That review is expected to be completed later this year.

When asked if he wished he had the opportunity to watch a neighboring state learn through trial and error – as the New York State Senate’s vote positions the Empire State to continue to do – Hanger said, “There are pluses and minuses to each state’s approach.”

llegere@timesshamrock.com

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Copyright:  The Citizens Voice 

By Elizabeth Skrapits (Staff Writer)
Published: August 4, 2010

WILKES-BARRE – The Luzerne County Zoning Hearing Board on Tuesday night approved new natural gas wells and a facility for processing the gas, but added safety conditions.

Zoning hearing board members William Harris, Anthony Palischak and Chairman Lawrence Newman unanimously granted Encana Oil & Gas USA Inc. conditional use to drill five natural gas wells in an agricultural zone on the 4-P Realty property on Loyalville Road in Lake Township, as well as a natural gas processing facility that would include a compressor station and a radio tower.

Among the conditions the board imposed, Encana will have to determine whether the county’s emergency responders will be able to handle problems at the site, and to draw up a contingency plan to share with all concerned.

Encana will have to mitigate noise, light and dust at the site, as well as provide a traffic control plan, bond all county and municipal roads, and consider safety measures for school buses, such as having flagmen at bus stops.

The board also granted conditional approval on Encana’s request to drill three wells on the Kent North site at 208 State Route 118 in Fairmount Township, and two wells on the Kent South site at 27 State Route 487 in Fairmount Township.

The commissioners’ meeting room at the courthouse was jammed with people, many of whom expressed opposition to natural gas drilling.

Zoning hearing board Solicitor Stephen A. Menn repeatedly stressed that the state Oil and Gas Act does not allow local officials to regulate most aspects of natural gas well drilling, including how it is done and water use and protection.

“In what ways has the Oil and Gas Act tied your hands?” Factoryville resident Patrick Walker asked.

“Health, safety and welfare issues,” Menn said.

Like with methadone clinics and adult entertainment, zoning cannot exclude natural gas drilling, according to Menn.

“Drilling is a legal use. You have to put it somewhere,” Menn said.

The place people should seek change is Harrisburg, in laws passed by the General Assembly.

“I think it is an absolute horror, I think this is a version of fascism, that this power has been taken away from you,” Walker said.

Several residents questioned safety issues, such as the 6,800 additional trucks on the road throughout the well drilling process.

Lake-Lehman Transportation Coordinator Sandy Dobrowolski, speaking on her own behalf, expressed concern about the school buses being on the roads at the same time as the heavy traffic at the site.

Paul Ungvarsky, who lives on Loyalville Road about a mile from the 4-P property, asked if something could be done to ensure trucks don’t speed on the road. Encana Community Relations Adviser Wendy Wiedenbeck said it seemed like a reasonable request.

Ungvarsky also wanted to know what would happen if a property isn’t leased. He said his isn’t.

“If it’s unleased, we cannot drill under it,” Encana Operations Engineer Joel Fox said.

Linster added that Encana has “quite a bit of room to work with” on the 4-P site.

Mike Patrician of Clarks Summit, one of the 4-P property owners, spoke on Encana’s behalf, saying he had talked to five different companies at length about leasing.

“People are not all the same, gas companies are not all the same,” he said. “Encana has a stellar reputation in the industry.”

Gary Ide, who has leased his Lehman Township property, also defended Encana, stating that leaseholders were “extraordinarily impressed” with the company.

But Gene Stilp of Dauphin County, in referencing Patrician’s comment, said: “People are different, companies are different – frack water is pretty much the same.”

eskrapits@citizensvoice.com , 570-821-2072

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Copyright:  The Citizens Voice