Posts Tagged ‘Times Leader’

Partnership of two energy companies lines up area covering over 25,000 acres in the Back Mountain for gas exploration.

By Jerry Lynottjlynott@timesleader.com
Business Writer

Just a few sites have been approved for natural gas drilling in Luzerne County, but a partnership of two energy companies has signed leases for more than 25,000 acres, primarily in the Back Mountain, to explore the Marcellus Shale formation that runs underneath.

Since September, Whitmar Exploration Co., of Denver, Colo., has been signing leases with property owners in nine townships and Harveys Lake borough. The company has been working with EnCana Oil & Gas USA Inc. in a joint venture to develop the properties. EnCana holds a 75 percent interest in the leases and is responsible for drilling.

Whitmar wanted to partner with an experienced operator, said Wendy Wiedenbeck, a public and community relations adviser for EnCana.

“This is what we do,” said Wiedenbeck. “We have a team working on this project that possesses deep experience gained from working on similar projects across North America.”

EnCana received approval Tuesday from the Luzerne County Zoning Hearing Board to sink a well in Lake Township and set up a natural gas metering station in Fairmount Township. In April, Lehman Township officials approved drilling for another well.

Wiedenbeck on Wednesday confirmed a map provided to The Times Leader was one EnCana prepared for the Back Mountain Community Partnership to show the extent of the leaseholds.

She cautioned that “the map is quite dated,” having been created in February. Whitmar has signed additional leases into April, according to a search of the county property database.

Wiedenbeck said EnCana’s presence will grow in the region. “As we move forward, EnCana is acquiring new leases.”

When pieced together, the leases cover large swatches of land in the largely rural northern and western sections of the county. The leaseholds range in size from under 1 acre to over 100 acres.

Fairmount Township had the most coverage with approximately 7,500 acres leased, according to the map. Lehman and Ross townships each had nearly 4,300 acres leased; Lake Township, close to 2,600 acres; Jackson Township, 2,400 acres; Huntington Township, 1,400 acres; Dallas Township, 1,300 acres; Hunlock Township, 700 acres; Union Township, 400 acres; Plymouth Township, 200 acres; and Harveys Lake, 50 acres.

The region has also attracted the attention of another major player in the natural gas industry.

Chesapeake Energy Corp. has signed 93 leases since August 2007. More than two-thirds of them were filed this year, according to county property records.

Copyright: Times Leader

The Associated Press

HARRISBURG — A bill to temporarily stop the leasing of state forest land for natural gas drilling has state House approval and is headed to the Senate.

The House of Representatives approved the bill 157-33 on Tuesday. It would immediately enact a three-year moratorium.

Proponents want a thorough environmental assessment of the impact of drilling on the land before more can be leased.

A spokesman for the Senate’s Republican majority says there’s no plan to act and the state already has strong regulatory authority.

The Rendell administration has leased more than 100,000 acres to companies hungry to explore the Marcellus Shale natural gas formation.

Copyright: Times Leader

Mauri Rapp Abington Journal Correspondent

Sir Francis Bacon once said “Knowledge is power.” To that famous quote, Calvin Tillman adds “Once you know, you can’t not know.”

Tillman, the mayor of DISH, Texas, was one of four panelists in attendance at “Impacts of Gas Drilling and Your Community,” a Marcellus Shale drilling information seminar held April 29 at the Clark Summit fire hall. DISH, a town of fewer than 200 residents located approximately 25 miles from the Dallas/Fort Worth metroplex, garnered national attention after changing its name from Clark in exchange for free cable television service for ten years from DISH Network.

DISH has also attracted another kind of attention: the eye of natural gas companies drilling in the Barnett Shale region, a natural gas field which stretches approximately 5,000 square miles across the state of Texas. Tillman called DISH the “Grand Central Station” of the Barnett Shale play, with 11 compressor stations, three metering stations and more than 20 natural gas pipelines located within less than two square miles.

Tillman described to the 150-plus people in attendance April 29 the impact natural gas drilling has had on his town. To date, the Barnett Shale play has added approximately $8 to $10 billion and 100,000 jobs to the Texas economy, Tillman said. The industry has also added toxic chemicals to DISH’s air, he said. A study performed in August 2009 by Wolf Eagle Environmental showed that the air contained high concentrations of carcinogens and neurotoxins. Tillman continues to advocate for the town’s population, and on April 22 the Texas Commission on Environmental Quality installed a continuous air monitor in DISH. “I believe more testing should be done,” he said.

The mayor has relayed his story to audiences in the Marcellus Shale region during the past several months. Tillman said he is not against the industry and believes in working with it to get things done, but feels that citizens and communities should go into leases with their eyes open. He said that certain measures, such as green technologies, declaration of areas such as schools and parks off limits to drilling, and a separation between the DEP regulating and permitting bodies could help make the industry safer. Tillman also spoke in favor of a severance tax for Pennsylvania. “I hate to break it to you, but the oil and gas industry came into Pennsylvania and picked your pockets,” Tillman said. “You need to have a severance tax to pay for roads, to pay for environmental issues, to pay for more DEP workers.”

Putting a personal face on the Marcellus Shale play was Victoria Switzer, a natural gas lessor from Dimock Township who said she wished she knew when she signed her lease what she knows now. “We’ve all heard the glories of the natural gas industry,” Switzer said. “I’m not going to dispute some of those things, but I’m going to show you what comes with the package deal.”

Switzer said that for the past couple of years, she has been living in a gas field with 63 wells located within nine square miles, the closest one 710 feet from her own home. Twenty-four of those wells have had violations, said Switzer. She now conducts what she calls “Victoria’s Toxic Tours” for citizens, journalists and public officials interested in seeing the impact natural gas drilling has had in her township. “You need to know what is coming your way,” she told the audience.

Panelist Paul Lumia, executive director of North Branch Land Trust, provided tips for those who decide to lease to natural gas drillers, including getting to know one’s gas man and remaining vigilant in reporting suspected violations to DEP. Lumia also encourages the crowd to pressure policymakers into decisions that preserve the environment. “Don’t just assume that your neighbors will do it,” Lumia said. “Protecting our land is up to us.”

Also on hand was George E. Turner, a professional geologist with more than 20 years of experience with groundwater and water testing. Turner advised those considering natural gas leasing to get their water tested beforehand. “This gives you legal proof in case your water is contaminated,” he said.

Scott Perry, deputy director of the DEP Bureau of Oil and Gas Management, was on hand to answer questions from the audience.

Copyright: Times Leader

EnCana also allowed to put in gas metering station in Fairmount Township.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

WILKES-BARRE – The Luzerne County Zoning Hearing Board on Tuesday gave the go-ahead for a natural gas drilling operation on 6 acres of land in Lake Township and a natural gas metering station on 5 acres in Fairmount Township – under certain conditions.

EnCana Oil & Gas USA Inc. sought a 12-month temporary use permit to drill a gas well, have a water tank storage facility and park five personnel trailers on a part of a 49-acre site located at 133 Soltis Road and owned by township Supervisor Amy Salansky and her husband, Paul.

The company also sought a special exception to install a permanent wellhead on the site.

In a separate application, EnCana sought a use variance to operate a natural gas meter station within a 112-acre parcel near the intersection of Mossville and Hartman roads on property owned by Thomas and Caroline Raskiewicz, in Fairmount Township, as well as a height variance to erect an associated 150-foot radio tower on the site.

Following a presentation by EnCana regulatory adviser Brenda Listner and listening to testimony from seven members of the public who opposed the plan in a packed hearing room at the county courthouse, the board adjourned for an approximately 10-minute executive session to, according to Chairman Lawrence Newman, “discuss the conditions that would be placed on the special exception request.”

The board then voted unanimously to approve all of Encana’s requests subject to the company providing evidence of:

• Approved permits from the state Department of Environmental Protection, the Susquehanna River Basin Commission and any other mandated agency.

• Road bonding based on acceptable rates as designated by supervisors of the townships of Lake and Lehman.

• Appropriate sound controls as necessary to minimize noise.

• Light diffusion as required to divert light away from neighboring structures.

• A dust-control plan including evidence that no contaminated water or water used in the hydraulic fracturing (fracking) process would be used for dust control.

• A pollution preparedness contingency plan, an emergency response plan and other plans set forth in EnCana’s “best management practices” outlined in a memo from EnCana.

Prior to the vote, local activist Dr. Thomas Jiunta, led off a round of questions from the public. He had asked EnCana representatives if many of the plans addressed in EnCana’s best management practices were available for review.

Listner said they were still in the works or under discussion with township officials.

Jiunta wanted to know how emergency response times in the area would be addressed, given that some sections of road are 17 feet wide and the average width of fire trucks and trucks associated with drilling operations are an average of 9 feet wide. There is no room for a truck to pull off a road and yield to an emergency vehicle, he said.

Michelle Boice of Harveys Lake said she doesn’t think “there’s any emergency preparedness,” noting that there are no police or fire departments in Lake Township, and the community relies on state police and volunteers from other communities for coverage.

Copyright: Times Leader

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

The yearlong wait was worth it for Wyoming County landowners who didn’t get a chance to sign a gas lease last year.

In a deal with Chesapeake Energy announced on Tuesday, they’ll receive almost double the bonus offered previously and an additional bump in the royalties they keep. The five-year deal offers $5,750 per acre immediately as a sign-up bonus, 20 percent royalties and a multiyear extension option.

The Wyoming County landowners group represents about 37,000 acres that haven’t been leased yet, and if all property owners sign up, the deal, in bonus money alone, is worth about $212.75 million.

Chesapeake officials were hoping to have a lease signing this week, but the landowners don’t think that will be possible logistically, group secretary Chip Lines-Burgess said. “The one question that comes up is, ‘What happens if we’re on vacation next week when this comes about?’ ”

After months of relative silence on leasing in the Marcellus Shale, a layer of gas-laden rock about mile underground that centers on northern Pennsylvania, interest is again heating up.

The agreement is somewhat bittersweet for members of the group who leased last year before the financial crash with Colorado-based Citrus Energy.

Lines-Burgess’s 42 acres in Meshoppen were among those roughly 35,000 acres. They received a $2,850-per-acre bonus, minus consultant payments, for a five-year lease with 17-percent royalties. If the lands aren’t drilled within five years, there are two one-year extensions each for $1,000 per acre.

“Yes, sure, it’s a tough pill to swallow … but who knew?” she said. “If it goes a year down the road, it might go to God only knows what, or it may not. … You just have to make a decision that when you sign on the dotted line, (you’re) happy.”

She said her family was able to pay off their farm. She remained on as secretary, as did other members of the group’s core committee, because “we just felt it was our … duty to make sure this happened.”

“Our county consists of a lot of people in their golden years. … We have a lot of people who have a lot of acreage and needed something. If this wonderful lease brings those people more comfort in their golden years … that’s the ultimate,” she said. “Their grandchildren, with this, won’t have to worry about what’s in this lease.”

The deal comes as groups in Susquehanna County are signing similar leases and about a month after the Northern Wayne Property Owners Alliance signed perhaps the first lease in the state with 20-percent royalties.

The South West Ross Township Property Group held a members-only meeting on Tuesday night, and member Ken Long acknowledged that the group is “in negotiations with a major gas company” and that “the monetary offers are in the ballpark of what” the Wyoming County landowners received.

He declined to confirm or deny that the company is Chesapeake.

It’s unclear what caused offers to rise so much so fast, but there are theories. “There’s been a lot of discussion about that,” said Lines-Burgess, who speculated that it might be a reaction to potential legislation that would affect leasing rights.

“We just don’t know what they (gas companies) are seeing. … Obviously, they have a plan, and we’re part of it,” she said.

Long said he believed the education efforts of land groups helped. “I would say that a lot of the efforts of the groups that have formed … are kind of paying dividends now. I think we’ve raised the standards of the leases, and we’re starting to see the increases in the bonus payment and royalties,” he said, adding that companies might be scrambling to get a foothold in the shale as more and more of the land is leased.

Copyright: Times Leader

Parcels in Lake, Fairmount townships require county zoning approval.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

An energy company is seeking zoning approval to temporarily locate five personnel trailers and up to 192 water storage tanks capable of holding more than 4 million gallons on a 6-acre site in Lake Township.

IF YOU GO

The Luzerne County Zoning Hearing Board will hear testimony on applications from EnCana Oil & Gas for special land uses in Lake and Fairmount townships at 7 p.m. Tuesday, in the Commissioners Meeting Room at the Luzerne County Courthouse in Wilkes-Barre.

EnCana Oil & Gas USA Inc. also wants to temporarily place a sewage holding tank and a potable water tank for each trailer at the site, all to be used during the drilling of a well to extract natural gas from the Marcellus Shale formation thousands of feet below the Earth’s surface.

The Luzerne County Zoning Hearing Board on Tuesday will hear a presentation from EnCana in connection with the company’s application for a “temporary use” and a special exception to construct a permanent gas well head facility on the 49-acre property located at 133 Soltis Road and owned by township Supervisor Amy Salansky and her husband, Paul.

EnCana also is seeking a use variance to operate a natural gas meter station on 5 acres within a 112-acre parcel in Fairmount Township, as well as a height variance to erect an associated 150-foot radio tower on the site.

The meter station site, located at the intersection of Mossville and Hartman roads on property owned by Thomas and Caroline Raskiewicz, would be used to treat and compress natural gas from another well drilling site in Fairmount Township for which EnCana has already received county zoning approval. That drilling site, located off state Route 118 between Tripp and Mossville roads, is owned by Edward Buda.

The Salansky site in Lake Township is the third in the county on which EnCana plans to begin drilling for gas this summer. Earlier this month, the company received approval from Lehman Township supervisors to drill near Peaceful Valley Road on property owned by Russell and Larry Lansberry.

The Salansky and Buda sites required county zoning board approval because neither Lake Township nor Fairmount Township has zoning regulations.

Wendy Wiedenbeck, public and community relations advisor for EnCana, said the Buda site will be the first to be drilled. The target date for drilling to begin, known in the industry as the spud date, is July 1. Crews were to begin clearing an access road on Thursday.

Wiedenbeck said the spud date for the Salansky site is expected to be about a month after drilling begins at the Buda site. It takes about a month to drill a well, and the drilling equipment will be moved from one site to the next.

Plans for the Lansberry site are still under discussion, she said.

21,000-gallon tanks

According to a narrative that EnCana included in the zoning application for the Salansky site, the company will need about 6 million gallons of water for each well completion. Completing a well requires hydraulic fracturing (fracking), which is the process of injecting a mixture of water, sand and a small amount of chemical fluid additives into the wellbore under very high pressure to fracture the shale formation and release the natural gas.

EnCana estimates about 1.2 million gallons of flowback water will return to the surface.

Fresh water for the well completions will be stored in some of the 21,000-gallon “frac water” tanks, which are about 8 feet wide, 50 feet long and 13 feet tall. Some of the steel tanks also could be used to collect flowback water, which either will be treated and reused during a future well completion or hauled away and disposed of at a permitted wastewater facility.

EnCana plans to drill one well at each site using a truck-mounted drill rig. It would be drilled vertically about 7,000 to 8,000 feet deep and then horizontally about 5,000 to 7,000 feet.

During drilling operations, sites would have a drill rig, stockpiles of drill pipe and casing, a 60-by-160-foot reserve pit with an impermeable liner for collecting cuttings and fluid, mud shakers to separate the cuttings from the fluid, generators to provide power to the drill rig and office trailers that would be equipped with personnel sleeping quarters.

Drilling activities would occur around the clock for about four weeks and require on-site supervision 24 hours a day.

Main access roads to the Salansky site include Lehman Outlet, Hoover, Sholtis, Zosh, Ides, Meeker and Slocum roads and state Route 118. EnCana will work with supervisors of Lake and Lehman townships to complete a road assessment and provide appropriate bonding for the roads.

Meter site structures

Major structures at the Raskiewicz meter site in Fairmount Township, in addition to the radio tower, include two 40-by-40-foot buildings, about 20 feet tall, that would house compressor engines, and a 15-by-35-foot meter building about 12 feet high.

Also planned is a smaller air purification building.

Two 20-foot-tall storage tanks for condensate – liquids that fall out of the gas and settle at low points in the pipeline – also will be placed there, along with various other types of storage tanks, most about 10 feet tall. There also will be a dehydration unit, mainly composed of a vertical tank about 34 feet tall.

The facility will require a 1/2 acre where a 6-inch EnCana gas line will feed into the 24-inch transcontinental pipeline that already passes through the site underground, and another 1.5 acres for placement of EnCana treating and compression equipment. The additional 3 acres is for future expansion.

Main access roads to the site are state Route 118, Mossville Road and Hartman Road.

Steve Mocarsky, a Times Leader staff writer, may be reached at 970-7311.

Copyright: Times Leader

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

WILKES-BARRE – A representative of a trade association for the oil and natural gas industry defended her members’ record on environmental issues Tuesday during a meeting with The Times Leader editorial board.

Sara Banaszak, senior economist with the American Petroleum Institute in Washington, D.C., also shared her perspectives on federal regulation and state taxation of the industry.

Banaszak indicated she understands concerns that residents of the region might have, given the legacy of coal barons profiting from the region’s anthracite, disappearing with their profits, and leaving future generations to deal with stripping pits, mine subsidence, acidic streams and lung disease.

“From the industry perspective, no accident and no amount of pollution is acceptable. It’s not sustainable for the industry. If I’m polluting your water, I know I’m going to be tossed out of town in two minutes, so it’s not in my interest,” Banaszak said.

Banaszak said any industrial process can be dangerous, “and anything we do has impacts on the earth. So what we’re trying to do is continuously and on an ongoing basis employ best knowledge, best practices and the technological development and the regulation needed to make sure that we’re getting the best that we can. And the best that we can has to be clean water. We have to have clean water,” she said.

Banaszak said many people don’t realize there is already regulation in place to protect Pennsylvania from water pollution.

“Even if I get a lease, I’m not going to drill a well or even move equipment onto that site until I’ve presented to the state of Pennsylvania a well drilling plan, and a well drilling plan has a water management plan attached to it,” she said.

Much concern has been raised about “fracking” – the hydraulic fracturing of rock to release natural gas.

Banaszak said fracking has been used in the industry since the 1940s. And when the Safe Drinking Water Act was passed in 1974, the U.S. Environmental Protection Agency found it unnecessary to regulate because it wasn’t threatening drinking water. The manner in which it was being managed at the state level was sufficient to protect drinking water, she said.

Banaszak said problems with the completion of drilling and cementing of wells or poor management of fracking fluid on the surface led to pollution of groundwater, not the fracking process itself. She said more oversight is needed for those practices.

Banaszak said gas companies don’t want to reveal formulas for fracking fluids because they are proprietary. But the industry doesn’t oppose disclosing the proprietary information to state regulators, local authorities and hospitals if the information is kept confidential, she said.

Banaszak said making the EPA responsible for oversight of fracking would require the agency to develop a new oversight program or dramatically overhaul its program regulating underground use of fluids.

A complete overhaul would be a slow process, taking six months to two years to develop a proposal, plus more time for advertising, public comment and developing draft and final plans.

“That’s why there’s so much concern. It’s not a simple matter just to say, oh, we’re just asking under federal law for the disclosure of chemicals,” she said.

Regarding concerns about fracking depleting water supplies, Banaszak said that even at double the peak drilling level in the Barnett Shale in Texas, which is 10 times greater than Marcellus drilling was in 2009, water use would represent only half of what is used for recreational purposes in Pennsylvania, such as golf course and ski slope maintenance.

As for economics, Banaszak said imposing a severance tax on natural gas production could actually hamper economic development.

Although the Marcellus Shale is the second-largest natural gas field in the world, she said other sources are available to investors. She said it seems natural to assume that the state could gain more revenue through taxing natural gas production, but the issue can be counter-intuitive.

“If you impose a tax, you get less investment and the government could see less net revenues. … If you let the situation go, the amount of government revenue you collect could actually be more,” she said.

The pipeline infrastructure in the Northeast is old and difficult to tap, requiring much investment. In West Virginia, where taxes there are 10 percent higher, “you see dramatically low investment,” Banaszak said.

Copyright: Times Leader

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

SCRANTON – U.S. Sen. Robert Casey wants the U.S. Environmental Protection Agency to investigate and respond to groundwater contamination that the state has linked to a natural gas well in Susquehanna County.

In a letter to EPA administrator Lisa Jackson, Casey noted that natural gas drilling in the Marcellus Shale region has led to job creation, strengthened the state economy and reduced dependence on foreign oil.

However, Casey writes, “the highly variable and unpredictable nature” of hydraulic fracturing (fracking) “that can lead to the contamination of drinking water is of great concern.” He noted the gas and oil industry is exempt from complying with the federal Safe Drinking Water Act.

Casey said there are many reasons for requesting EPA involvement, including recent incidents in the state that “raise the question of whether the necessary steps have been taken to protect Pennsylvania families and communities against the detrimental side effects of drilling.”

He pointed to methane gas infiltration into private water wells in Dimock Township and noted that several wells have exploded because of a suspected buildup of natural gas.

Casey said the state Department of Environmental Protection fined Cabot Oil & Gas Corp. $240,000, ordered the plugging of three natural gas wells believed to be the source of the contamination, prohibited Cabot from drilling in the vicinity for one year and required Cabot to install permanent water treatment systems in affected homes.

Casey also noted that, according to DEP, between 6,000 and 8,000 gallons of fracking fluid leaked from a pipe at a drill site and contaminated the surrounding area and a wetland in Susquehanna County in two separate spills on the same day in September 2009 – one in the afternoon that leaked 25 to 50 barrels of fluid, another in the evening that leaked 140 barrels.

“I commend DEP for taking action, but I remain concerned that the current status of federal and state oversight of gas drilling may be inadequate” to protect families living near drilling sites, Casey wrote.

The senator asked for a meeting with appropriate EPA officials to discuss natural gas drilling and whether the agency could investigate water and environmental contamination. He said he hopes Science Advisory Board officials would also attend the meeting to discuss the scope, timing and methodology of a congressionally mandated study the EPA has launched on hydraulic fracturing.

An EPA spokeswoman said officials are reviewing Casey’s letter and expect to respond in the near future.

Steve Mocarsky, a Times Leader staff writer, may be reached at 970-7311.

Copyright: Times Leader

Green Party rally on Earth Day protests environmental concerns regarding fracking.

By Sherry Longslong@timesleader.com
Staff Writer

WILKES-BARRE – Local environmental activists used this year’s Earth Day to address their viewpoints on gas drilling.

Members of the Luzerne County Green Party held a rally on Public Square around lunchtime Thursday explaining their fears that gas companies drilling throughout Northeastern Pennsylvania will cause more environmental harm than good by drilling.

This year was the 40th anniversary of Earth Day, the international movement to bring awareness to economical issues.

Party co-chairman Carl Romanelli thinks the state needs to enact stiffer guidelines to protect the water resources because the gas drillers were given what he called a loophole in 2005 in the federal Clean Water Act.

He believes the hydro-fracturing system, also known as fracking, used to extract gas from deep within the earth could be harmful because it uses what he calls a “toxic soup” of chemicals.

“It is essential that the Commonwealth of Pennsylvania step up to protect its citizens and natural resources of Pennsylvania and not sell us out,” Romanelli said.

Chris Tucker, a spokesman for the Marcellus Shale Coalition, an organization based near Pittsburgh, created to support gas drilling throughout the state, disagreed with Romanelli. He said gas drilling is more environmentally friendly than other drilling practices of decades past.

“Because of hydraulic fracking and horizontial drilling, we today produce 10 times the amount of energy with one-tenth the number of wells drilled. We are reducing land disturbance, reducing the need for infrastructure and reducing all types of environmental foot prints because we are drilling fewer wells,” Tucker said.

The primary elements used in fracking are excessive gallons of water and sand with a small amount of chemicals mixed in, he added. Those chemicals help push the water down nearly two miles deep into the surface, which then forces the gas upward.

He said fracking has been around for 60 years and is used by the federal Environmental Protection Agency to clean up severely toxic sites and dig nine out of every 10 wells, including water wells across the nation.

John Hanger of the state Department of Environmental Protection said the state monitors fracking very closely and there have been no instances of where fracking has contaminated anyone’s drinking water.

Copyright: Times Leader

Jurisdiction over drilling for natural gas in the Marcellus Shale is subject of hearing.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

HARRISBURG – The chairman of the state Public Utility Commission is confident that Marcellus Shale development will stabilize prices not only of natural gas, but electricity prices as well, and is thrilled the natural gas industry supports the PUC’s oversight of pipeline safety in Pennsylvania.

Commission members on Thursday heard testimony from representatives of the natural gas industry, a federal pipeline safety official, the state consumer advocate and the director of the Pennsylvania Association of Township Supervisors on the commission’s jurisdiction as related to Marcellus Shale development.

“I think everybody is in agreement that this increased gas supply, whether the gas is sold in Pennsylvania or not, is going to have a depressing effect on the wholesale price of gas,” PUC Chairman James H. Cawley said after the hearing.

Irwin “Sonny” Popowsky, of the state Office of Consumer Advocate, testified that the retail and wholesale price level of natural gas “has been on a roller coaster ride for years.”

He said an abundance of natural gas should stabilize and ultimately lower the price of gas and electricity so that it is affected by supply and demand rather than politics in the Middle East.

Commissioner Wayne Gardner said he’s heard that many roads were severely damaged under Chesapeake Energy traffic.
David J. Spigelmyer, vice president of government relations for Chesapeake, said a harsh freeze-thaw season and the fact that many roads were never constructed with proper foundations resulted in the need significant road repairs. But the company is bonded to repair those roads and has hired 23 road contractors in Bradford County to repair them.

David M. Sanko, executive director of the Pennsylvania Association of Township Supervisors, said his concern is that state law requires bonds for roadwork in the amount of $12,500, but it could cost up to $100,000.

Commissioner Robert Powelson asked how the commission can be confident that the “self-policing system (of the gas industry) will work and that safety will be maintained?”

Spigelmyer said the industry has worked closely with the state Department of Environmental Protection to ensure the industry meets state requirements and noted that permit fees that fund inspections climbed from $100 to about $4,000.

Alex Dankanich, general engineer with the U.S. Department of Transportation’s Office of Pipeline Safety, testified that of the 31 states that produce natural gas, only Pennsylvania and Alaska lack the statutory authority to regulate gas gathering pipelines.

Cawley noted that the administration had been pushing for the PUC to obtain inspection authority because the administration doesn’t have the manpower.

Dankanich said the PUC would be reimbursed 80 percent of the cost for inspecting non-Class I pipelines – those surrounded by 10 or fewer homes within 220 yards of a pipeline in a 1-mile stretch. Those lines are exempt from federal inspection.

PUC Vice Chairman Tyrone Christy asked if Pennsylvania should also exempt Class I pipelines from inspection.

Lindsay Sander, a consultant for the Marcellus Shale Coalition, said she was comfortable with the exemption given the low number of Class I problems.

Cawley said the natural gas industry “seems to be bending over backwards to be responsible. But you’ve got to have the rules in place for everybody, including the potential bad apples who are going to try and take shortcuts.”

He said the commission is not trying to economically regulate the gas production industry.

“We’re not going to try and set the rates. We just want safety jurisdiction, whether they’re a public utility or not. And … the industry coalition, which has 170 members, support us adopting the federal standards. … They’ve said that’s fine and they’ve said they’re willing to help pay for it on a per-mile basis,” he said.

Cawley said the commission has submitted proposed statutory language to House and Senate oversight committees related to PUC safety regulation.

“One part of it has already been passed by the House almost unanimously. It would increase fines for violations to the federal level. It would go from $10,000 per day to $100,000 per day and up to $1 million overall. House Bill 1128, that could be the vehicle for getting it done. The Senate could amend it and send it back over or the House could give us this additional legislation, but this is our top legislative priority – pipeline safety,” Cawley said.

He said he also asked the industry for a commitment to use PUC’s certificated trucks for hauling equipment and supplies, “and they’ve committed to that, which is good. We’ve increased carrier enforcement in that area because we discovered that in their haste to get supplies in, they weren’t using PUC certificated carriers.”

“We’ve increased our enforcement, … and now that they know we’re watching, they’ll be more careful about the carriers they use,” Cawley said.

Steve Mocarsky, a Times Leader staff writer, may be reached at 970-7311.

Copyright: Times Leader