Posts Tagged ‘company’

Settlement would give pipeline companies conditional condemnation powers

By David Falchek (Staff Writer)

Published: September 17, 2010

A settlement filed earlier this month among pipeline company Laser Northeast Gathering LLC and others in its bid to be dubbed a utility would grant conditional power to condemn private land.

Those conditions and landowner protections, critical to how similar companies throughout the state would wield eminent domain, were heavily redacted from the public version of the settlement. Four pages and 25 items under “landholder protections” were redacted.

The settlement is not final. Because it is non-unanimous, parties are expected to file additional briefs. Administrative Law Judge Susan D. Colwell will make a recommendation to the commission; a final decision is expected early next year.

The settlement attempts to meet the need for midstream companies to connect growing numbers of Marcellus Shale wells to interstate pipelines in ways least intrusive to communities, the environment and individuals.

“The joint petitioners agree that this settlement is an innovative and reasonable resolution of this matter in a way that meets and promotes the public interest,” the settlement reads.

According to the agreement, before pursuing eminent domain, a pipeline company must do the following:

– Exhaust efforts. The company must negotiate in good faith with landowners to obtain easements.

– Notify PUC. The company must notify the PUC at least 30 days before commencing eminent domain and explain why it is being used.

– Selectively condemn. The company may not condemn property where the pipeline would result in the abandonment or destruction of existing structures, lakes or ponds.

– Landowner-initiated remediation. After negotiations have reached an impasse, landowners have the ability to opt for nonbinding PUC mediation before eminent domain is begun.

In the eminent domain process, a local board of view under the auspices of a local judge sets a value on the easement.

Public input

Environmental and natural gas attorney Steven Saunders said it is unusual for the PUC to release a settlement agreement with key provisions redacted.

However, PUC spokeswoman Jennifer Kocher said settlement agreements often are not public and don’t become public unless they are part of a commission decision. She said petitioners have the ability to request items be redacted for competitive reasons.

The decision comes after several public hearings with the vast majority of speakers opposed to Laser’s bid for what is known as a certificate of public convenience. The document would set a precedent allowing natural gas collection and gathering companies to be treated as public utilities permitted to use eminent domain in exchange for another layer of regulation.

Parties agreeing in the settlement were the Silver Lake Association, the Office of Consumer Advocate’s independent Office of Trial Staff, and private individuals Vera Scroggins and William C. Fischer.

The settlement described negotiations as “intensive and time-consuming” and said the result “represents give-and-take by all parties.” Many intervenors refused to sign on, including other representatives of the natural gas industry.

“We hope these conditions that protect landowners, the environment and communities will become part of rulemaking,” said Earthjustice attorney Deborah Goldberg who represented Ms. Scroggins in the process. “That’s why others in the industry didn’t sign on – because they don’t want to grant those protections.”

Contact the writer: dfalchek@timesshamrock.com

Gas boom economic engine for company

Tribune-Review
When a Texas gas company hired Michael Pascuzzi’s earth-moving business to build two water impoundments, he sat down at his desk and cried. The family-owned company had been headed for bankruptcy.

Gas boom economic engine for company

Tribune-Review
When a Texas gas company hired Michael Pascuzzi’s earth-moving business to build two water impoundments, he sat down at his desk and cried. The family-owned company had been headed for bankruptcy.

Water co. requests say in permits

Pa. American Water Co. wants state government to offer water supply protection.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

Officials with the water company that owns two Back Mountain reservoirs want to see state action to better protect those drinking water sources from contamination related to natural gas drilling.

They also want the opportunity to have input into the permitting process for natural gas wells located near those reservoirs.

Terry Maenza, spokesman for Pennsylvania American Water Co., said there is no requirement that natural gas companies or any state agency notify water suppliers when well-drilling permit applications for land near water supplies are submitted to the state Department of Environmental Protection.

“We would like to see those laws and regulations revised so we can be notified and have a chance to express any comments or concerns while a permit is under review,” Maenza said.

Maenza’s comments follow the revelation on Monday that at least one property on the shore of the Huntsville Reservoir in Lehman Township, and an adjacent property, have been leased to EnCana Oil & Gas (USA) Inc., which will begin exploratory drilling operations at a well in Fairmount Township in July and at a second in Lake Township in late summer or early fall.

Paul Siegel, who owns the three acres on the Huntsville shore, said on Monday there is language in his lease that allows him and his wife, Janet, to restrict any surface drilling on his land but would allow EnCana to drill horizontally underneath his property.

The couple’s son and daughter-in-law, Christopher and Maureen, own 10.88 acres bordered by Christopher’s parents’ land on the east and by Huntsville-Idetown Road on the west that is also leased to EnCana.

Maenza said there is a 500-foot buffer between other properties and the high-water point of the Huntsville and Ceasetown reservoirs in most areas, but some parcels of land were “grandfathered in” without buffers when Pennsylvania American bought the water system from PGW in 1996.

As far as allowing a gas company to drill underneath the reservoirs, Maenza said it “would depend on what the driller was proposing and who owns the land. I’m not sure how far (down) our rights extend under the reservoirs,” he said.

Maenza said Pennsylvania American started water sampling and visual creek inspections about two weeks ago “so we can get some baseline data before the drilling begins.”

Huntsville Reservoir provides water for about 30,000 people living in Dallas, Kingston Township., Swoyersville, Wyoming and West Wyoming. Ceasetown Reservoir provides water to about 70,000 people in Ashley, Courtdale, Edwardsville, Larksville, Nanticoke, Plymouth, Pringle, Shickshinny, the townships of Conyngham, Hanover, Hunlock, Newport and Plymouth, and portions of the city of Wilkes-Barre.

Wyoming Mayor Robert Boyer said he’d like to learn more about the drilling process, given that his town receives water from the Huntsville Reservoir.

“There is a potential for environmental concerns. If we drill for oil a mile under the ocean floor and we don’t have a plan in place to deal with a catastrophic event like we had off the Gulf Coast, it makes sense that we want to have environmental protections in place before we start drilling here. Don’t put the cart before the horse,” Boyd said.

Maenza noted that state Sen. Lisa Baker, R-Lehman Township, is working on legislation to protect water sources.

In order to protect aquifers and determine any adverse consequences attributable to drilling, one bill would require testing at three times – before drilling, at the completion of drilling and six months afterward – at three different depths.

A second bill would rule out drilling at sites too close to drinking water sources such as reservoirs.

A third bill would require DEP to ensure that the operators of wastewater treatment facilities are properly trained and sufficiently monitored to lessen the chances of human error creating a major problem.

Jennifer Wilson, Baker’s chief of staff, said specifics on the proposed bills, such as minimum distances from aquifers, are still being worked out.

Although EnCana has obtained a drilling permit for a site in Lehman Township about midway between Harveys Lake and Huntsville Reservoir, Wendy Wiedenbeck, public and community relations adviser for EnCana, said the company has not yet put together a full development program for drilling in Luzerne County should production at wells in Fairmount and Lake townships prove successful.

She did say the company is starting to look at additional potential drilling locations in the county.

As for company policies on proximity of drilling to water resources, she said the company naturally abides by the minimum setbacks set by states. But in considering additional setback distances, she said each potential drill location is unique and is assessed individually.

“We would take the same thoughtful, measured approach to any future operations as we have with our first two wells,” Wiedenbeck said.

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

Copyright: Times Leader

Carbondale agency advances plans for natural gas rail depot

By Steve McConnell (Staff Writer)
Published: June 2, 2010

CARBONDALE – Plans to develop an extensive railroad facility to serve the natural gas industry in Fell Twp. moved forward Tuesday.

The Carbondale Industrial Development Authority unanimously approved a motion to allow Honesdale-based Linde Corp. to purchase a nearly two-acre parcel in the Enterprise Drive business park. The company intends to use it for unloading materials from railcars for shipment via truck. It also would include storage facilities and on-site processing of drilling fluids.

The company is currently developing an adjacent property, purchased from the local railroad authority, that is part of its overall plan to have a suitable staging area for on-site processing of drilling fluids and a railroad facility capable of serving the industry, said company Vice President Christopher A. Langel.

Authority Chairman Bob Farber said there has been ambiguity as to what exactly Linde Corp. intends to develop on the new property since the company has been meeting with the board about it.

“You’ve never given us site plans,” Mr. Farber said.

Mr. Langel said the company has submitted plans and has been meeting with the board since at least October about the project.

Among plans discussed Tuesday, existing railroad tracks, which run through the heart of the city, will be extended to enable off-loading of materials at the site.

The company, which has invested more than $500,000 in the so-called Carbondale Yards Bulk Rail Terminal, is also partnering with Houston-based Baker Hughes to mix sand, water and chemicals into a concentration needed for prospective natural gas drilling sites in the area.

Mr. Langel described it as a nontoxic mixture.

The company also is eyeing the former Wells Cargo building, a large-scale facility inside the business park, as an additional storage and distribution point related to the overall operation, Mr. Langel said.

The authority board tabled a motion that would give Linde Corp. permission to purchase and develop the Wells Cargo property.

In addition, the company is in negotiations with the Susquehanna River Basin Commission to withdraw water from the Lackawanna River for potential use by the natural gas industry. The industry needs an abundance of water to help bust open underground rock formations to release natural gas, a process called hydraulic fracturing.

City administrators have said they support the project for its job-creation potential. It is expected to be completed by the end of the month.

To see this article, click here.

Copyright:  The Scranton Times-Tribune

Company defends its environmental record

EnCana’s hydraulic fracturing has never impacted a water well, spokeswoman says.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

Wendy Wiedenbeck acknowledges that Luzerne County residents might be troubled by the fact that EnCana Oil & Gas (USA) Inc. paid $1.5 million in fines over the past four years.

But Wiedenbeck, the community and public relations adviser for the natural gas company that will begin drilling in the Back Mountain and Red Rock areas this summer, said the company is “committed to responsible development” and today is “a leader in environmental stewardship.”

According to data Wiedenbeck provided at the request of The Times Leader, EnCana was assessed $542,000 on nine fines in 2006; $663,000 on 19 fines in 2007; $306,000 on 19 fines in 2008; and $3,000 on 10 fines in 2009. The data for 2009 is subject to change, she said.

Some Back Mountain residents and elected officials have expressed concern that drilling activities could contaminate water private water wells or the Huntsville and Ceasetown reservoirs.

Wiedenbeck said EnCana has never had an instance in which the company’s hydraulic fracturing process affected a water well.

“In fact, there has never been an instance where the fracking process impacted water wells. We have, however, experienced operational failures, which resulted in regulatory violations and fines. These range from issues with lost circulation during cementing, which resulted in permanent changes to cementing protocols in 2004, to deficiencies with location signage,” she said.

Encana’s violations have ranged a wide gamut, from a $1,000 fine after a contractor’s truck broke down on a mountain road during a restricted time period, preventing parents from picking up their children from a bus stop in 2002, to the largest fine issued by the Colorado Oil & Gas Conservation Commission for allowing gas to migrate into a creek.

The commission fined EnCana a record $371,000 after one of the company’s wells leaked into West Divide Creek in Western Colorado in 2004. The seep was found to contain the carcinogenic chemical benzene.

Wiedenbeck said that fine is included in the total assessed in 2006, and the seep resulted from a failure in cementing procedures at the well.

“We made a mistake. We moved too fast. But we worked with the commission to modify and improve the cementing procedure in Colorado. Since then, we’ve drilled hundreds of wells in Colorado without incident. But (the Divide Creek incident) is part of the reason why we’re taking a very thoughtful and measured approach to our operations in Luzerne County,” she said.

Wiedenbeck also pointed to a vast improvement in EnCana’s record related to spills.

In 2009, EnCana had 75 reportable spills totaling 4,036 barrels of material, a volume reduction of 38 percent from 2008 and 87 less than in 2007, she said.

Dave Neslin, executive director of the Colorado Oil & Gas Conservation Commission, said commission staff views EnCana as “a responsible operator.”

Neslin said EnCana’s compliance has improved since the Divide Creek seep, and the company implemented an extensive remediation plan. “Much of the impact has been remediated,” he said.

Neslin said EnCana is one of the largest operators in the state, responsible for nearly 10 percent of the approximately 40,000 active oil and gas wells in the state.

He noted that the company was the first to voluntarily establish a wildlife mitigation program encompassing 44,000 acres to ensure wildlife populations will be protected, and that EnCana won a commission award last year for the company’s Courtesy Matters community outreach program.

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

Copyright: Times Leader

Landowners urged to seek deal

A company has an offer for local people in the natural gas-rich Marcellus Shale area.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

Officials with a company in Western Pennsylvania say landowners in the Marcellus Shale region can benefit by banding together to negotiate natural gas drilling leases with energy companies.

FIND OUT MORE

For more information on Dick Landowners Group, call Kate or Steve Wood at (814) 483-4699 or e-mail kpddriller@aol.com.

Representatives of Dick Landowners Group will be in the area next week meeting privately with some landowners to discuss the benefits that the group can offer, said company owner Deb Dick.

The group organizes pools for landowners for the marketing of oil and natural gas, working to obtain the maximum protection and secure the best financial success for landowners through power in numbers, competitive bidding and a landowner-friendly contract, Dick said.

Dick said all provisions of the contract negotiated with energy companies are contained in the body of the contract, meaning there are no addendums with confusing details.

“In our contracts, we limit what the gas companies get to a well, a road to the well and one pipeline out,” Dick said.

That leaves landowners with the potential for additional income streams if, for instance, the energy company later wants to build a compressor station or install additional pipelines, she said.

For its work, the group charges landowners a one-time fee of 15 percent of the bonus money the landowner would receive for each acre of land leased to the energy company, Dick said.

The company has successfully leased more than 500,000 acres contained in more than 1,700 individual parcels for landowners, including school districts, churches, attorneys and judges over the past three years, mostly in the western part of the state, she said.

The group incorporated as a limited liability company in Pennsylvania in February, according to the Pennsylvania Department of State.

Before that, the group had been operating as a sole proprietorship, Dick said.

Dick said the group plans to offer group meetings in the area in the future.

Copyright: Times Leader

Gas drilling may start in ’10

Firm with substantial holdings in Luzerne County taking next step toward exploration.

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

WhitMar Exploration Co., the only gas-drilling company so far to have leased substantially in Luzerne County, plans to begin drilling by the middle or latter part of next year, according to the company’s president.

“Right now, we’re just filing for some permits for two, possibly three wells we want to drill,” said Whit Marvin, who heads the Denver-based company. “We do plan on drilling it and testing it for the Marcellus Shale.”

Throughout 2009, WhitMar has leased more than 22,000 acres in, among other places, Fairmount, Ross, Lake, Lehman, Union, Hunlock, Huntington and Dallas townships with little money upfront by offering landowners a contractual guarantee to begin drilling within two years.

The contract also guaranteed permitting within the first year, and Marvin said that process is on track. The company is filing for drilling and water-consumption permits from the state Department of Environmental Protection and the Susquehanna River Basin Commission, and is looking into any other permits it might need, he said.

From there, the company will negotiate with the individual landowners about siting for the well pads and gaining access to them, he said.

Much of that will be based seismic testing that’s being done, the results of which Marvin expects before the end of the year. “In essence, you’re using ultrasound. You’re looking for anomalies under the surface … that would be attractive to drill into,” he said. “We can make some geologic interpretation, (but) it’s definitely not an exact science.”

A drilling contractor hasn’t been hired yet, he said, but the company has begun work elsewhere in the shale. It has leased “large blocks” in Lycoming, Wayne and Susquehanna counties, as well as in some counties in New York’s southern tier, he said. Of that, wells are being drilled in Chemung County, N.Y., and preparations for drilling are being made in Susquehanna and Lycoming counties, he said.

In Lycoming County, the industry is moving so fast that companies needing and offering services aren’t able to connect, according to Jeffrey Lorson, an industrial technology specialist at the Pennsylvania College of Technology.

For that reason, the college and a group of organizations interested in the industry are sponsoring a business-networking expo today. Lorson, who heads the college’s Marcellus Shale Education & Training Center, said about 130 vendors are scheduled to be at the free-admission event at the Hughesville Fairgrounds.

If you go

What: Business-networking expo for the gas-drilling industry

Where: Hughesville Fairgrounds, Lycoming County

When: Today, 10 a.m. to 3 p.m.

Description: About 130 vendors are meeting to display their goods and services, and to see the goods and services other companies are offering.

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader