Posts Tagged ‘The Philadelphia Inquirer’

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

NJ-based Delaware River Basin Commission places unnecessary moratorium on Marcellus production, denying economic benefits, jobs to Pennsylvanians

It’s hard to imagine President Kennedy had the denial of jobs and revenue for residents of Pennsylvania in mind when he signed a bill in 1961 creating the Delaware River Basin Commission (DRBC). But nearly a half-century later, the DRBC of today bears little resemblance to the compact established almost five decades ago — one that was put in place to promote economic growth by providing a mechanism for equitable distribution of the Delaware’s waters.

Today, unlike similarly structured, intergovernmental bodies – such as the Susquehanna River Basin Commission (SRBC) – the DRBC is working aggressively to shut down any and all natural gas exploration that may take place, now or in the future, in the eastern portion of the Marcellus Shale.

This week, following the decision last month to ban new shale permits in the area, the West Trenton, N.J.-based organization took additional steps to bring responsible Marcellus Shale natural gas production to a standstill by putting forth a de facto moratorium. How’d it do that? Easy: DRBC simply gave itself the authority to unilaterally freeze exploratory Marcellus production wells in the basin altogether.

Well aware of exactly what’s at stake, the Marcellus Shale Coalition (MSC) wasn’t bashful in telling the Philadelphia Inquirer what it thought of the DRBC decision:

Kathryn Klaber, executive director of the Marcellus Shale Coalition…said extending the temporary ban on new permits to include exploratory wells only added “layers of unnecessary red tape” without any environmental benefit.

“The DRBC’s decision to deny Americans the benefits of clean-burning, job-creating natural gas from the Marcellus Shale is misguided and unfortunate,” she said. New technologies, she added, are reducing the overall water usage and land disturbance.

“At the same time, this production is creating tens of thousands of jobs and delivering affordable, clean-burning energy to struggling families and small businesses. Our hope is that the DRBC will recognize this fact and act accordingly, putting commonsense solutions and policies ahead of agendas,” she said.

Safely producing clean-burning natural gas from the Marcellus Shale in Pennsylvania remainsa powerful job creation engine. In fact, according to a recently updated Penn State University economic impact study, this tightly regulated production is projected to create nearly 212,000 jobs over the next decade.

Many in Pennsylvania understand how important this opportunity is for the Commonwealth, especially in regions of the state facing high unemployment and ongoing economic struggles. And like the MSC, supporters of environmentally safe natural gas production understand how critical it is to get this right, balancing commonsense environmental safeguards with the economic opportunities before us.

Here’s what one northeastern Pennsylvania natural gas advocate told the Associated Pressabout safely developing these abundant, domestic and clean-burning resources near the Delaware River basin:

Energy companies have leased thousands of acres of land in Pennsylvania’s unspoiled northeastern tip, hoping to tap vast stores of gas in a sprawling rock formation — the Marcellus Shale — that some experts believe could become the nation’s most productive gas field.

Plenty of folks like Matoushek are eager for the gas, and the royalty checks, to start flowing — including farmers who see Marcellus money as a way to keep their struggling operations afloat.

“It’s a depressed area,” Matoushek said. “This is going to mean new jobs, real jobs, not government jobs.”

Adding new and unnecessary layers of burdensome regulations and red tape – aimed at halting job-creating Marcellus Shale natural gas production – will not help deliver more affordable supplies of homegrown energy. The DRBC’s shale gas moratorium will not help drive down our dependence on unstable regions of the world to keep our economy fueled, nor will it help create jobs at a time when they’re most needed. Quite the opposite, in fact.

Copyright: Marcelluscoalition.org

By ANDREW MAYKUTH The Philadelphia Inquirer

The state Department of Conservation and Natural Resources signed a $6.15 million agreement Monday with Chesapeake Energy Corp., giving the company the right to drill the Marcellus Shale under a seven-mile stretch of the Susquehanna River in Bradford County.

Under the lease, which applies to 1,500 acres of river between Towanda and the Wyoming County line, Chesapeake is permitted to access the shale with wells drilled on either side of the river. No well bores will penetrate the river itself.

Horizontal-drilling technology makes drilling for gas beneath the waterway feasible. With wells that reach laterally for thousands of feet, operators can capture gas under a large area from a remote location.

The state Department of Environmental Protection says that under-river gas exploration poses no more risk than any of the 1,400 other wells drilled into the Marcellus formation, which is a mile below the surface. The lease is separate from the state’s offering in January of 32,000 acres of state forests, which generated $128.5 million to help close the state budget gap.

The $6.15 million raised by the Susquehanna River lease will help keep open 24 state parks that had been threatened with closure because of the budget crisis, said Christina Novak, DCNR spokeswoman.

DCNR’s Susquehanna River lease may conjure memories of the 1959 Knox Mine disaster in the Port Griffith section of Jenkins Township, when the Susquehanna broke through a coal mine that was dug just below the river bottom. A dozen miners died in the flood.

Geologists say subsidence is not an issue with gas exploration. The well bores are only a few inches in diameter.

Copyright: Times Leader

N.J. gas firm eyes $300M income

ANDREW MAYKUTH The Philadelphia Inquirer

A southern New Jersey gas firm that bought a $2 million Marcellus Shale interest in 2008 says it might generate $300 million in income over its lifetime.

South Jersey Industries Inc., the Folsom, N.J., company that owns South Jersey Gas and several nonutility energy businesses, disclosed to analysts that its purchase of mineral rights in northern Pennsylvania could pay off handsomely.

Chief executive officer Edward J. Graham, speaking to analysts about the company’s annual earnings, said two horizontal wells in which South Jersey Industries has a stake will begin producing income this quarter.

He said the gas operator, St. Mary Land & Exploration Co., of Tulsa, Okla., was still tying the wells to a pipeline, but feels “really good about the prospects.”

Two more wells are planned for this year on the 21,000-acre property in McKean County.

In early 2008, South Jersey Industries paid $2 million for an interest in a partnership that owns the deep-gas rights on the property, Stephen Clark, the company’s treasurer, said in an interview. Since then, the value of mineral rights has skyrocketed.

South Jersey Industries estimates that its combined royalties and ownership rights will net 10.25 percent of the value of the gas produced — the company’s share would be about $300 million, based on an average price of $6 per thousand cubic feet.

“It has the opportunity to be very productive for us,” Clark said.

Graham told analysts that it was premature to estimate earnings, which depend upon the number of wells drilled and the price of natural gas. Production could take years, or even decades, to realize.

The estimates illustrate the huge potential in the Marcellus Shale, which lies under much of Pennsylvania and several surrounding states.

Copyright: Times Leader

Saying plan likely will be revived in 2010, Rendell adds that he wants industry to get off to a good start.

AMY WORDEN and MARIO F. CATTABIANI The Philadelphia Inquirer

HARRISBURG – Gov. Rendell said Monday after meeting with industry officials that he would agree to delay his push to impose a tax on natural gas extracted from the Marcellus Shale.

“It won’t be in the mix this year,” he said, adding that he would likely revive the proposal next year. “We felt we should let the industry get off to a good start, and that surpasses our need for money.”

For months, Rendell had lobbied for the tax on the gas-rich Marcellus Shale reserve. At one point, the administration estimated it could produce $100 million in revenue in the first year.

But the Democratic governor said on Monday that he reconsidered the idea after watching natural gas prices plummet to near-record lows and meeting with industry representatives who have invested millions to explore the natural gas reserve hundreds of feet beneath the ground.

The Marcellus Shale is a vein of rock containing vast reserves, running hundreds of feet below ground from New York to Virginia. Its exploration and extraction – estimated to be worth billions – has been made possible in recent years by advances in technology.

Senate Majority Leader Dominic Pileggi, R- Delaware County, said it was no surprise that Rendell had abandoned the effort, noting that taxing an industry in its infancy was an unpopular move even among some members of Rendell’s own party.

“The governor has recognized the realities of the situation,” Pileggi said.

Although Rendell said he was no longer interested in the tax this year, Democrats who control the state House said it remained among the mix of possible revenue sources.

“It is definitely not off the table,” said Johnna A. Pro, press secretary to House Appropriations Chairman Dwight Evans, D-Philadelphia.

Other so-called niche taxes still on the table include higher cigarette taxes and a new levy on smokeless tobacco. Also under consideration is the elimination of a slew of long-standing sales-tax exemptions on such items as candy and gum, land-based phones, and basic cable. Rendell has said the removal of exemptions on all items except food and clothing and certain services could generate $1 billion.

Copyright: Times Leader