Archive for the ‘Pennsylvania Natural Gas Drilling’ Category

Agency convenes hearing in Canonsburg tomorrow to discuss scope of upcoming hydraulic fracturing study. But has EPA forgotten about its 2004 report?

Tomorrow night in Canonsburg, the EPA will convene its third public hearing on its upcoming study on hydraulic fracturing, a key technology that’s been used to produce energy in Pennsylvania for more than a half-century, but one that’s become especially important lately as efforts to convert the enormous potential of the Marcellus into jobs and revenues for Pennsylvanians move forward across the Commonwealth.

But for those keeping tally at home, this new study by EPA isn’t the first time the agency has looked into the safety and performance of fracturing technology. In a report released by EPA in June 2004, federal officials found the fracturing of coalbed methane formations “poses little or no threat” to underground sources of drinking water – despite that fact that coal seams generally reside close to formations carrying drinking water underground. In remarks set to be delivered at tomorrow’s hearing, MSC president and executive director Kathryn Klaber lays out some additional details (and context) associated with this landmark study:

In that report — the product of an intensive, four-year course of study first initiated under the Clinton administration — EPA found “no evidence” suggesting the fracturing of shallow coalbed methane reserves posed a threat to underground drinking water supplies. Certainly you’re aware that coalbed methane strata residethousands of feet closer to the water table than shale formations, and that the technology used today to access clean-burning natural gas from these formations is much more advanced and sophisticated than what was available in the past.

For their part, natural gas critics contend that EPA’s 2004 study on fracturing’s application to coalbed methane reserves somehow isn’t relevant to the current conversation about the Marcellus Shale. Come again? If the fracturing of shallow coalbeds near the water table was found to be safe by EPA, how is it that the fracturing of deep shale formations is any less so? After all, we’re talking about shale strata that reside thousands and thousands of feet below both the water table and the coal beds themselves.

Thursday’s forum in Canonsburg is expected to address some of these questions, and more generally lay out the direction that EPA will take in engaging in its second study on hydraulic fracturing in 70 months. And you know what? It’s an effort we support in full. With fracturing, we’re talking about a technology that’s been deployed more than 1.1 million times in the 60-plus years in which it’s been in commercial use. And in all that time, not a single government regulator – including the EPA – has made a single claim suggesting it’s a threat to groundwater. Assuming this new study is science-based and peer-reviewed, there’s no reason to believe its findings will diverge from what the agency has consistently found in the past.

So what will the latest installment of EPA’s hydraulic fracturing study series look like when it hits the shelves sometime in the next two or three years? Tough to say for sure, but if it ends up drawing on the testimony of regulators in the states, experts in the field, and everyday Americans whose lives are being made better and more prosperous thanks to the once-in-a-lifetime opportunity of shale gas in America – it should be quite a page-turner indeed.

In the meantime, folks interested in coming out to tell EPA what they think of responsible shale gas development in Pennsylvania have a few outstanding tasks to complete before they arrive tomorrow night. First order of business: Register for the meeting, which is easily accomplished by navigating to this page. Second: Make sure to stock up on all the facts. MSC fact sheets have been developed on a range of topics likely to be addressed in some form – from the full disclosure of materials involved in the fracturing process, to the many ways in which natural gas can be used as a workhorse in PA to deliver a clean, secure and affordable energy future. The full arsenal can be accessed here.

So that should just about do it. Pre-registration for the event starts at 5:00 p.m. sharp, and the address for the Hilton Garden Inn is 1000 Corporate Drive in Canonsburg. Hope to see you out there.

Copyright: Marcelluscoalition.org

Canonsburg, Pa. – Earlier today, the Pittsburgh City Council passed a resolution calling for a statewide ban on clean-burning natural gas from the Marcellus Shale for an entire year, including the development of those resources on privately-owned land. Kathryn Klaber, president and executive director of the Marcellus Shale Coalition (MSC), issued this statement in response to Council’s resolution, which carries no legal authority:

“Today’s action by the Pittsburgh City Council is unfortunate, unnecessary, and frankly, ill-advised. Most troubling, it comes at a time when the responsible development of clean-burning natural gas from the Marcellus is creating tens of thousands of jobs for residents all across the Commonwealth, breathing new life into our economy at a time and place when it’s perhaps never been needed more.

“Unfortunately, Council appears to have bought wholesale into the argument that Marcellus exploration represents a threat to our water and surrounding environment, notwithstanding a mountain of evidence from EPA, DEP and a just about every environmental regulator across the country that says precisely the opposite. Council has instead decided to take a position that’s unsupported by science, an affront to the rights of landowners, and very much at odds with a budget picture that could be significantly improved under a scenario of safe development and enormous revenue generation within the boundaries of the Council’s jurisdiction.

“Producing more energy here at home creates good-paying jobs, and helps drive down our nation’s dependence on unstable and unfriendly regions of world for the energy we need to fuel our economy. Pennsylvanians overwhelmingly understand this. Job-creators and small business owners understand this, too. It’s unfortunate that Pittsburgh City Council does not.”

Copyright: Marcelluscoalition.org

By Elizabeth Skrapits (Staff Writer)
Published: July 20, 2010

LEHMAN TWP. – The company drilling the Back Mountain’s first exploratory natural gas well will take care of township roads, but residents should be proactive in reporting problems, supervisors said Monday.

Encana Oil & Gas USA Inc. will start site preparation in August to drill an exploratory natural gas well at 203 Zosh Road in Lake Township, not far from the Lehman Township border.

During the process, trucks leaving the site will use Ide, Meeker and Slocum roads in Lehman Township to reach state Route 118. Encana has agreed to maintain the roads in equal or better condition during the drilling process, Supervisor Chairman David Sutton said in response to a question by resident Joseph Rutchauskas.

Encana paid for repaving the stone arch bridge on Slocum Road, but the township’s road department filled in all the potholes, Supervisor Douglas Ide said. But the company will take that over when work begins, he said.

“The day they start trucks, the maintenance is theirs for the duration,” Ide said.

Rutchauskas said work had already started, because Zosh Road – which becomes Ide Road in Lehman Township – was closed, so Encana should be responsible now. The supervisors disagreed.

Penn State’s Center for Dirt and Gravel Roads is overseeing a project with the Luzerne County Conservation District in which Encana is paying to strip and pave a 100-foot section of Zosh Road to see how it will hold up under heavy truck traffic.

According to plans filed with the Luzerne County planning and zoning department, Encana anticipates 16 to 18 weeks of traffic during which a total of approximately 2,100 trucks will travel on Lake and Lehman township roads: 200 during site preparation, 100 during the well drilling and 1,800 during the completion phase, when tankers will bring in the roughly 6 million gallons of water needed for hydraulic fracturing.

Encana has submitted a $956,844 bond to cover Outlet, Ide, Meeker Outlet and Slocum roads and the Slocum Road stone bridge. Township officials stressed Encana’s willingness to work with them.

“Anything we have billed Encana for, we have been paid within 30 days,” Treasurer Alvin Cragle said.

“They have been nothing but cooperative in everything we’ve asked them to do,” Sutton agreed.

Rutchauskas asked the supervisors to keep an eye on the drill site and coordinate with Lake Township so residents will be aware of issues like road closings.

Sutton said they would, but “we don’t have the resources to watch 24-7,” he said. He said residents need to be proactive and call if they see problems.

eskrapits@citizensvoice.com , 570-821-2072

View article here.

Copyright:  The Citizens Voice

• “Business is booming thanks to the lucrative gas drilling industry tapping into the Marcellus Shale”

• Marcellus development “enables those of us who have farms to keep our farms so they can be passed on to our families”

• “Safe and responsible gas development could provide the three counties with much-needed jobs and economic growth”

• WV small business “having a banner year in 2010”

“Marcellus Shale region creating growth of business and industry”: “With the development of the Marcellus Shale region creating growth of business and industry within Bradford County, we feel there is tremendous opportunity for this new hotel. In addition to our locations in State College and Lock Haven, it becomes our third Fairfield Inn and Suites in the region.” (Star-Gazette, 7/14/10)

Marcellus development positively impacting local businesses; WV small business “already is having a banner year”: “Assuming the landowner group agrees to $3,000 per acre, the resulting $79.2 million could have a major impact not only on landowners, but on local businesses. Karen Knight, a partner at Knights Farm Supply in Glen Easton, said her company already is having a banner year in 2010 as both property owners and the drilling companies themselves scramble to acquire heavy equipment and other items. “We have seen a big increase in tractor sales, farm equipment sales, grass seed for reseeding at the drilling sites, straw for reseeding and other items. It’s a better year than 2009 for sure,” she said. “Our counter is swamped every day with residents and representatives from the drilling companies. In fact, our parts and counter people are about done in. We’ve been extremely busy.” (News-Register, 7/18/10)

“Prosperous Plans For Bradford County”: “As gas companies tap into the Marcellus Shale in Bradford County, businesses are looking to cash in on what many now consider a booming local economy. … A once abandoned warehouse is now the home for a trucking company. A hotel — gutted for refurbishing. And a excavator sits in this empty lot ready for its next construction project. One thing is clear in Bradford County — business is booming thanks to the lucrative gas drilling industry tapping into the Marcellus Shale, as thousands of workers and their families flock to the area. “I think there are many small towns across America that would die to have a natural resource that they can sell and revitalize their economy,” said Mike Holt of Red Rose Diner in Towanda. (WBNG-TV, 7/13/10)

Marcellus Shale helping to keep family farms in tact: “Nearly 600 residents attended Wednesday’s day-long DRBC meeting to plead their clashing cases: That drilling is needed not only to produce relatively clean energy but to save economically desperate communities … Landowners like Judy Ahrens of Hanesdale, Pa., argued that they should be able to lease the mineral rights to their land. “It enables those of us who have farms to keep our farms so they can be passed on to our families so they don’t have to be split up and developed,” she said. (Associated Press, 7/15/10)

“Gas drilling not only creates local jobs, but increases the nation’s energy independence”: “Gas drilling not only creates local jobs, but increases the nation’s energy independence, pro-drillers say. “I support gas drilling,” said David Jones, as part of a three-hour public comment period with more than 250 speakers. “I also believe that the industry is being unfairly treated. This process has been delayed for too long. Let’s get the regulations out,” he said, to the jeers of most of the crowd. “We don’t need further studies. The process should move forward.” (Bucks Co. Courier Times, 7/15/10)

Responsible Marcellus development “a win win situation all around”: “Some landowners in Wayne County want natural gas drilling to start and start now. They are upset over a decision to halt drilling by a group watching out for the land and water in the Delaware River Basin. Landowners are ready for the halt on gas drilling to be lifted in Wayne County. “It will help to maintain open space and keep our forest grounds grounded and our farms farming.The influx of cash is desperately needed in the state of Pennsylvania, and particularly in the depressed areas of Wayne County, said Alliance Executive Director Marian Schweighofter. … “The effect this has had is its given us the ability to make a college fund for our family members. We think it’s a win win situation all around, most definitely for the economic ability of Wayne County,” said Schweighofter. (WNEP-TV, 7/13/10)

Marcellus production providing “much-needed jobs and economic growth”: “The bottom line is this: If natural gas drilling has economic benefits for Wayne County and can be conducted safely with people mindful about protecting our natural resource, the Delaware River, then shouldn’t we explore the possibilities? … Mary Beth Wood, WEDCO’s executive director, said it best in stating that the coalition — through pooling resources — can gather the best information available. “Safe and responsible gas development could provide the three counties with much-needed jobs and economic growth,” Wood said. (Wayne Independent Editorial, 7/14/10)

Marcellus economic “ripple effect will benefit everyone”: “The Marcellus shale gas drilling boom drew companies from across the country. More than 100 of them packed the Indiana County Fairgrounds Wednesday. The PA Gas Expo was a job fair, a networking event, and a chance for folks to find out what Marcellus shale gas drilling means in employment for thousands. County Commissioners said they have already noticed hotels and restaurants in Indiana County filling up with gas company workers. They said ripple effect will benefit everyone. “The growth element for the region will not be in just one area, but in many areas. And we need to be prepared for that,” said Rod Ruddock. (WJAC-TV, 7/14/10)

“Is this a golden era for Pennsylvania? Absolutely it is.”: “In a sour economy, the word out of Renda Broadcasting Corp.’s first Pennsylvania Gas Expo was sweet: Now hiring. Several companies at the expo, held Wednesday at the Mack Park fairgrounds, reported thatthey are in a hiring mode as they ramp up operations in the Marcellus shale fields underlying the region. The expo brought together 120 or so natural gas producers, drillers, land brokers, well-service companies, suppliers and job seekers. … “Is this a golden era for Pennsylvania? Absolutely it is,” said Rod Foreman, Vanderra’s director of growth and corporate development, speaking during a panel discussion. (Indiana Gazette, 7/15/10)

Pa. landowner on Marcellus development: “I think it’s a wonderful thing”: “The tiny farming community has struggled to strengthen its economy ever since Mosser Tanning Co. left town in 1961. … So, when a gas company comes and injects millions of dollars into a community that has seen half a century pass by since its industrial backbone collapsed, residents are more than excited. “I think it’s a wonderful thing,” Ms. Race said. “It’s got to help financially; much more taxes, much more money. “We’re going to finish paying our mortgage off.” (Times-Tribune, 7/19/10)

Homeowners getting in on Marcellus Shale benefits: “In this struggling economy homeowners have been coming forward hoping to make a big buck from Marcellus shale natural gas drilling boom. Mary Elwood and her husband own a farm in Saltburg, Indiana County. They already have three gas wells and a lease with PC Explorations. Elwood said it is a very profitable endeavor. She wants to sign a lease with another gas company for Marcellus shale drilling. “We get a nice check four times a year,” said Elwood. (WJAC-TV,7/14/10)

Filling county coffers: Marcellus “lease, permit fees good for tens of thousands of dollars”: “The governmental fees related to natural gas drilling that industry officials have been dangling as a cash carrot of sorts to local officials are starting to add up in Luzerne County. A review of county Zoning Office records revealed that just on Wednesday, the office took in $4,450 in permit fees for the construction of a natural gas metering station on property owned by Thomas Raskiewicz near Mossville and Hartman roads in Fairmount Township. … Butthe big winner among county offices to date – as far as revenue associated with natural gas drilling – is the Office of the Recorder of Deeds. (Times-Leader, 7/19/10)

Copyright: Marcelluscoalition.org

By Patrick Sweet (Staff Writer)
Published: July 18, 2010

Harry Traver and Doug Brody glanced at each other, stood up and followed their neighbor’s lead.

“We didn’t drive all the way out here to make changes,” neighbor Joel Field responded when Carrizo Oil & Gas proposed amendments to the multimillion-dollar deal the three came to finalize.

Before the men made it very far, the company reeled them back to the bargaining table at its Pittsburgh office and hammered out a natural gas deal that includes the mineral rights to roughly 8,500 acres.

Willing to walk away from a deal worth more than $4 million – with the potential to become much more than $40 million – the three men exemplify the roughly 135 families they represent.

“Ninety-five percent of the people that signed live here,” Mr. Brody said. “I mean, this is our home … It’s been our group’s home for years and generations in some cases. We took our time and I think we did it right.”

Noxen is a community that came together and protested the closing of its post office on a bitter December morning. They embrace the camaraderie of a community that answered the call when its historic train station was threatened with demolition and raised money to protect it.

So, when gas company land agents approached residents in rural Noxen Twp., they demonstrated perhaps their greatest skill: their ability to unite.

Strength in numbers

Residents gathered under the pavilion behind Noxen United Methodist Church to formulate their plan of action. Across the street from his Whistle Pig Pumpkin Patch, Mr. Field found himself responsible for preserving the hopes of his family, friends and neighbors for a lucrative gas lease. The Noxen Area Gas Group was born.

“I kind of stood up and said, ‘Well, we ought to try this and we ought to try that,’ and everybody said, ‘OK. Great. Go do that,’” the 47-year-old farmer said.

“The responsibility was awesome.”

Over a 2½-year span, those responsibilities included innumerable hours of courthouse research, days studying the natural gas industry and negotiating deals that never succeeded. He even traveled to Houston to market the land that their farms, orchards and businesses have rested on for generations.

“We didn’t sign in the end, but for quite a long time we were dancing with Chief,” Mr. Field said. “The only reason we danced with Chief Oil and Gas was because we did courthouse research that revealed they had a couple thousand acres right contiguous to our block.”

Mr. Field didn’t realize exactly what he was getting himself into that day. He never thought he would have to hunt down the estranged brother of a neighboring family to gain his signature on their lease.

“It actually took a couple months to find the brother in California,” Mr. Field said. “They actually tracked him down through his union.”

Just as much, Mr. Traver and Mr. Brody – whom Mr. Field called upon to help organize the group – didn’t think they would be studying geology or helping to cover a several thousand dollar attorney bill.

Two days after the group signed the lease on July 10, Mr. Field, Mr. Traver and Mr. Brody sat down with Times Shamrock Newspapers for an exclusive interview about the experience. It was a complete about-face for the tight-lipped trio who refused to jeopardize any part of the deal before it was done.

Sitting at the wooden picnic table behind Mr. Field’s house, not far from the barn where the group held some of its meetings, the three men smiled as they shared stories.

“Getting up to speed on (natural gas) and keeping the people together was always, I guess, our biggest concern,” said Mr. Field.

“But the people stayed together and that’s what made it happen,” Mr. Traver added.

“Some of our principles in the very beginning, when we first started out, was to stick together as a family, as a community,” Mr. Field continued.

A boomtown again?

It’s not difficult to imagine why the community would unite so well. The tiny farming community has struggled to strengthen its economy ever since Mosser Tanning Co. left town in 1961.

The tannery employed enough people to force the construction of a second hotel and a row of houses nearby. It brought unprecedented life to Noxen’s economy that was once based on just more than a dozen farms and a handful of small businesses.

“When the tannery left, everything left with it,” Noxen resident Pearl Race said. “This was a booming town at one time.”

So, when a gas company comes and injects millions of dollars into a community that has seen half a century pass by since its industrial backbone collapsed, residents are more than excited.

“I think it’s a wonderful thing,” Ms. Race said. “It’s got to help financially; much more taxes, much more money.

“We’re going to finish paying our mortgage off.”

Carrizo paid each lessor $500 per acre up front with an additional $4,500 and 20 percent royalty if the company finds a decent supply of gas.

On the day of the signing, Mr. Traver said, an elderly woman who was having trouble getting by stepped up to the table, leased her roughly 1-acre property and took her check. Mr. Traver’s wife, Dawn, offered to take her to the bank.

The woman, Mr. Traver said, declined the offer.

“I want to keep it for a couple days just to look at it,” she said.

The possibility of a check more than 10 times the amount they just received, it seems, has most folks embracing the words of former Alaska Gov. Sarah Palin: “Drill, baby, drill.”

“We want production,” Mr. Field said. “We’re not just out there to get the bonus money. The value in this arrangement is in the royalty.”

Is the gas there?

The problem is companies aren’t quite sure the gas is there. Carrizo bought 2-D seismic data, senior landman Phillip Corey said, to get an idea of what they’d find.

“Based on what we see, it looks OK,” Mr. Corey said. “You’re trying to extrapolate a picture with three data points, though, when what you really need is a hundred.”

The uncertainty is why Carrizo didn’t pay the full $5,000 per acre up front. The company will drill two exploratory wells to test the area’s potential before cutting any more checks.

The Noxen group is split into southern and northern areas. Carrizo will drill one well in each area. If gas production is strong in the north but not the south, Carrizo will only have to pay northern landowners and vice versa.

Wooden stakes with neon flags tied to the tops mark the location of the northern well in Mr. Field’s pumpkin patch. The Sordoni family’s huge Sterling Farms property will host to the southern well.

The Sordoni property is one of a few properties directly abutting Harveys Lake. A provision in the lease prevents Carrizo from drilling within 500 feet of any structure or water source.

Still, some folks are concerned with what might unfold.

Noxen resident Viola Robbins, 72, has family in Dimock Twp., the poster-child community for environmental disasters caused by natural gas drilling. Thousands of gallons of potentially carcinogenic drilling fluid spilled just outside the town.

“They can’t do nothing,” Ms. Robbins said. “(The gas company) brought them water for drinking and cooking.”

Toxic water forced Ms. Robbins’ great-niece Andrea Ely and her family to move back in with her parents.

“I’m against it,” Ms. Robbins said. “Maybe it’s me. It might be a different story if I had lots of land for them to drill on.”

Still, many others have faith that Carrizo won’t make the same mistakes as Cabot Oil and Gas did in Dimock Twp.

“We all own farms down through here,” Mr. Traver said. “When these people say that they are worried about the water, they aren’t as worried as these guys, because that’s how they make their living.”

Contact the writer:

psweet@citizensvoice.com

View article here.

Copyright: The Scranton Times

MICHAEL J. RUDOLF, Susquehanna County Independent
Published: July 14, 2010

About two dozen employment recruiters, business representatives and others toured some natural gas sites in Susquehanna County on Wednesday, learning what jobs will be available in the industry.

BY STEVE McCONNELL (STAFF WRITER)
Published: July 15, 2010

A company developing a railroad facility to serve the natural gas drilling industry is also seeking to withdraw 905,000 gallons of water a day from the Lackawanna River in Fell Twp. to support its operation.

Honesdale-based Linde Corp. began developing the Carbondale Yards Bulk Rail Terminal this year inside the Enterprise Drive business park to provide a transportation mode for materials and to mix fluids on-site that natural gas drilling companies use in the drilling process.

Susan Obleski, a spokeswoman with the Susquehanna River Basin Commission, which regulates surface water withdrawals in the watershed, said the commission is reviewing Linde’s application to see if flow meters, which measure the amount of water in the river at all times, will need to be installed around the withdrawal point as a way to mitigate potential impact to aquatic life, especially during drought conditions.

Linde officials have said they intend to mix the drawn water with sand and a chemical concentration to create a “drilling mud.”

The river withdrawal point, which is located near Linde’s facility, is also upstream from a stretch of the Lackawanna River from Archbald to Olyphant designated as wild, “trophy” trout waters with stringent fishing regulations enacted by the state Fish and Boat Commission.

Larry Bundy, a law enforcement assistant regional supervisor for the state Fish and Boat Commission, which also regulates state waters and aquatic wildlife, said Wednesday that he “wasn’t aware” of Linde’s application. However, he said his agency relies on the river basin commission’s biologists and staff to make determinations on whether water withdrawals may impact trout or other aquatic life.

“I haven’t seen any problems,” he said of other commission-approved water withdrawals in his Northeast Pennsylvania jurisdiction.

As of Monday, the river basin commission had only approved only one water source withdrawal for natural gas-related development projects in Lackawanna County – 91,000 gallons a day from the South Branch of Tunkhannock Creek in Benton Twp.

It has approved dozens of others throughout its 27,510-square miles jurisdiction, however, including 22 water withdrawal applications specifically for natural gas projects in Susquehanna County.

The Susquehanna River Basin Commission could vote on Linde’s application at its September meeting.

Contact the writer: smcconnell @timesshamrock.com

View article here.

Copyright:  The Scranton Times 

Callahan brings more than a decade of energy experience to the job, lauded by MSC chairman and president as a “key collaborator” in engaging elected officials and partners

CANONSBURG, Pa. – As Marcellus Shale employers continue to work with policymakers on a comprehensive framework for taking full advantage of the myriad opportunities that natural gas exploration make possible, the Marcellus Shale Coalition (MSC) today announced the addition of a key member to its staff who will be among those serving on the frontlines of that critical and ongoing effort.

Starting this week, David Callahan will serve as MSC’s vice president, a position dually based in Harrisburg and Canonsburg, Pa., but one that will take Mr. Callahan all across the multistate Marcellus region. A native Pennsylvanian, Mr. Callahan has 20 years of experience in the field of government relations, a majority spent representing a number of energy interests, including the Pennsylvania Gas Association (now the Energy Association of Pennsylvania) and the Associated Petroleum Industries of Pennsylvania.

“The safe and steady development of natural gas from the Marcellus Shale represents a once-in-a-lifetime opportunity for shared prosperity across the entire Marcellus,” said Kathryn Klaber, president and executive director of the MSC. “But that vision of the future that will only be realized through engagement and cooperation with policymakers and elected leaders in the region. David’s experience working collaboratively with legislators and regulators alike will serve our members well, and ultimately benefit everyone by advancing a strategy that generates jobs and revenues in the short-term, and the promise of long-term energy security and affordability beyond that.”

“The industry continues to create tens of thousands of jobs each and every year all across the multistate Marcellus region, our membership has continued to expand as well – and so has our strength and expertise,” said Ray Walker, Jr., chairman of the MSC and a senior vice-president for Range Resources. “The addition of David to the growing MSC staff represents a key step forward for this Coalition, and an important resource in our campaign to educate the public about the historic opportunities of the Marcellus, while educating policymakers on the imperative of keeping the Marcellus ahead of the competition curve in the ongoing and aggressive race for talent, equipment and investment.”

Mr. Callahan, currently a resident of Mechanicsburg, Pa., earned his undergraduate degree from Indiana University of Pennsylvania, and his master’s from Syracuse University’s Maxwell School of Citizenship and Public Affairs.

Copyright: Marcelluscoalition.org

Landowners, communities challenge Delaware River Basin Commission to explain rationale, authority behind denying opportunity of the Marcellus to Northeast PA

Translated literally from French it means “superior force,” but translated practically into American law, the term force majeure is a clause used by parties that encounter a situation so severe that it’s actually designated as an “Act of God” by the courts. Floods, famines, earthquakes, volcanoes – these are the kinds of events that trigger the rare invocation of the clause, allowing all parties involved in a contract to shield themselves of obligation in light of the extraordinary and unforeseen events that transpired after it was signed.

Actually, there’s one other event that has historically fallen under the rubric of force majeure: acts of war. Unfortunately, in the case of the West Trenton, N.J.-based Delaware River Basin Commission (DRBC), that’s precisely the action that was taken against landowners in eastern Pennsylvania last month, with the Commission instituting a de-facto, back-door moratorium on all activities within its sprawling jurisdiction even tangentially related to the development of clean-burning natural gas from the Marcellus Shale.

The upshot? This description comes from the June 30 edition of the Philadelphia Inquirer:

Of course, with potentially thousands of jobs at stake in the area – and millions of dollars in much-needed payments to landowners and state and local governments – folks who actually live and work in the Northeast PA counties affected by the DRBC promulgation aren’t exactly taking the decision lying down.

Case in point: Later today, the DRBC will hold a regularly scheduled hearing on a whole slate of issues related to regional water use and management, including a draft water withdrawal request from an energy operator in the area. Among the folks expected to attend? A busload of landowners from the Northern Wayne Property Owners Association (NWPOA), and from the information we’ve been able to glean from its website, the group is expecting a significant showing among residents in the area concerned by the implications of DRBC’s historic overreach on natural gas. To wit:

Back in June, the Marcellus Shale Coalition released an issue alert on the DRBC moratorium decision, wondering aloud if the modern-day DRBC would have let George Washington cross the Delaware without first initiating a years-long review procedure aimed at stalling the process and ultimately executing a pocket-veto of the entire enterprise. Needless to say, the denial of energy and mineral rights to landowners across the border in Pennsylvania wasn’t exactly what the creators of DRBC had in mind 50 years ago when the commission was created.

Earlier this week, the MSC expanded on its previously stated objections to the DRBC moratorium in a letter sent to Commission director Carol Collier. You see, in extending its initial ban to include a moratorium on doing even the most basic things to test the future viability of natural gas wells in the affected counties, the Commission cited “the risk to water resources” as the reason for pulling the plug on exploratory work in the area. But as MSC president and executive director Kathryn Klaber makes plain in her letter to DRBC this week, no water would be put at risk under such an approach – and very little of it will need to be withdrawn from surface areas under DRBC jurisdiction:

Of course, if DRBC’s review and approval of permits in this context is considered appropriate, then “it likewise would be appropriate for the development of a multitude of projects over which the Commission, appropriately, has not sought to assert jurisdiction, such as malls, hotels, restaurants, and residential subdivisions,” according to the letter from MSC.

So why is natural gas so different? That question, unfortunately, is not one that DRBC has answered with any degree of specificity just yet –content instead to simply assert its primacy over the matter and issue sweeping, multi-state declarations with significant implications for the clean-energy future of Pennsylvania and the economic security of those who live here. Hopefully, with the help of groups like NWPOA, the Commission will soon find itself in a position to better understand that the actions it makes from West Trenton, N.J. have real-world consequences for residents in the Commonwealth.

Copyright: Marcelluscoalition.org

Those against Encana Oil & Gas plans ponder appeals for permits already granted.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

As Encana Oil & Gas officials await a hearing next month on zoning permits for 10 new natural gas wells in Luzerne County, gas-drilling opponents are contemplating a second appeal for permits that already have been issued to the company.

Encana recently filed applications with the Luzerne County Zoning Hearing Board seeking temporary-use permits and special exceptions for drilling five natural gas wells and height variances for building a gas processing facility at a site nestled between Loyalville, Hickory Tree and Meeker roads in Lake Township.

The company also applied for the same types of permits for drilling wells on two properties in Fairmount Township – two wells on a site northeast of the intersection of state routes 487 and 118, and three wells on adjoining land to the northeast.

The zoning hearing board has scheduled a hearing for 7 p.m. Aug. 3 to hear testimony on those applications.

The Lake Township site, owned by 4P Realty of Blakely, is about 600 acres. The two Fairmount Township sites consist of 13 parcels – some owned by William Kent of Benton and others owned by Jeffrey Hynich of Lake Township – spanning nearly 480 acres. They are referred to as the Red Rock/Benton Gas Consortium Lands in a lease with Encana.

Encana would move forward with drilling wells on those properties if two exploratory wells in Lake and Fairmount townships prove successful.

Drilling on the Fairmount Township property of Edward Buda is expected to begin within five to 10 days, Encana spokeswoman Wendy Wiedenbeck said.

Encana won zoning approval for drilling on a Lehman Township property owned by Russell W. Lansberry and Larry Lansberry in April but withdrew the application last week – less than a month after township residents Dr. Tom Jiunta, Brian and Jennifer Doran and Joseph Rutchauskas filed an appeal of the zoning approval in county court.

Rutchauskas said on Tuesday that attorneys for the Gas Drilling Awareness Coalition are checking into the possibility of appealing the issuance of zoning permits about two weeks ago for Lake Township property owned by Amy and Paul Salansky on which Encana plans to begin drilling later this summer.

The county zoning hearing board approved the permit applications for the Salansky property in May.

Rutchauskas said he was told by a zoning official that it was too late to file an appeal on the Salansky permits because one must be filed within 30 days of the zoning hearing board’s decision.

“We’re having lawyers check into the timeframe of when the permits were approved and when they were issued. Our stance is that the 30-day timeframe is from the day the permits were issued, not from the day they were approved,” Rutchauskas said.

He said the permits could not be issued until the board received several response plans from Encana, such as a traffic management plan and an emergency response plan.

Eight permits for the Salansky property were issued on June 25 – the same day Encana submitted the plans – and two more were issued on June 28, according to zoning office records.

Rutchauskas said there’s no way zoning officials could have reviewed all the plans the same day, and the permits should not have been issued until the plans were thoroughly reviewed.

“How can you issue a permit without reading the required plans? You can put a Superman comic book in there and they wouldn’t know the difference. Do it slow, take your time, at least open them. I’ve been going through those books almost eight hours,” Rutchauskas said.

Luzerne County Planner Pat Dooley said officials are checking into how an appeal can be filed on the issuance of a zoning permit.

Dooley said he’s not aware of anyone ever appealing the issuance of a zoning permit, only the approval of a permit.

Copyright: Times Leader