Posts Tagged ‘Lehman Township’

Resident asks council to slow gas drilling activity

EILEEN GODIN Times Leader Correspondent

HARVEYS LAKE – Resident Michelle Boice on Tuesday night asked that borough council take an active role in slowing down natural gas drilling activity.


She cited the incident near Clearfield, Pa., as an example of what could happen. In that western Pennsylvania incident, a gas well in an uninhabited area blew out, spewing drilling mud and natural gas for hours before it was brought under control.

She detailed the long road the borough and residents have traveled to maintain and keep Harveys Lake clean, and cited how the state Department of Environmental Protection refuses to give out any more sewer permits and will not allow a resident to build a dock because of a “certain type of micro organism is living there.”

“But they approved three gas drilling permits in Lake Township, Lehman Township and Noxen,” Boice said. “All within two miles of Harveys Lake.”

Council Vice President Larry Radel told Boice he has been in contact with state Rep. Karen Boback and state Sen. Lisa Baker regarding the gas drilling.

“I have been gathering information,” Radel said. “I am trying to push for state help.”

In other matters, an update of the borough’s comprehensive plan and storm water basin inspections were approved and two new part-time police officers were hired.

With $60,000 from a Community Development grant in their pockets, council approved Wilkes-Barre engineering firm Michael J. Pasonick Jr. and Associates to help conduct studies to update the municipality’s comprehensive plan.

The current plan is dated 1974 through 1990. Council President Fred Kopko said it covers subjects such as traffic studies, projection of population, vacant land, housing, economic and transportation goals.

It serves as a guide to what is currently in the borough and how it might continue to grow, he said.

Council member Rich Williams III announced that during the next few weeks, storm water basins will be inspected and repairs made as needed by the borough’s road crew. The crew has a map and a schedule to visit each basin, but if residents know of one that is severely damaged they can contact Williams through the borough office.

Two part-time officers, Gina Kotowski and Jared Kittle, were hired, at $13.75 per hour, to cover shifts during other officers’ summer vacations.

Copyright: Times Leader

Proposed Lehman Twp. gas drill site contested

Residents challenge zoning permit in area “consistent with agricultural use.”

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

WILKES-BARRE – Some Luzerne County residents have taken legal action challenging the issuance of a zoning permit for a proposed natural gas well drilling site in Lehman Township.

Township residents Dr. Tom Jiunta, Brian and Jennifer Doran and Joseph Rutchauskas are objecting to township supervisors on April 13 granting Whitmar Exploration Co. and EnCana Oil & Gas a conditional use permit for placing a natural gas well on part of an approximately 120-acre site located at 100 Peaceful Valley Road owned by Russell W. Lansberry and Larry Lansberry.

A previous story incorrectly identified the well site as being in Lake Township on property on Soltis Road owned by Amy and Robert Salansky. There has been no appeal of a special-use permit that the Luzerne County Zoning Hearing Board approved for that site in May.

Attorney Jack Dean, of Elliott Greenleaf & Dean, filed a notice of appeal of the Lehman Township supervisors’ decision on Monday with the county Prothonotary’s Office on behalf of the objectors.

“There is no credible argument that this industrial use of gas drilling, with the massive disruption that it causes, is consistent with agricultural use, which is what the area is zoned, or with the character of the community,” Dean said.

According to the notice, the supervisors’ decision is contrary to the township zoning ordinance and constitutes an error of law or manifest abuse of discretion in that:

• Gas drilling on the property would jeopardize the community development objectives of the ordinance and adversely affect the health, safety and welfare of the public and the environment.

• Public services and facilities such as streets, sewage disposal, water, police and fire protection are not adequate for the proposed use.

• Existing and future streets and access to the site will not be adequate for emergency services, for avoiding undue congestion and for providing for the public safety and convenience of pedestrian and vehicular traffic, and unsafe and/or dangerous traffic conditions will result.

• The nature and intensity of the operation would not be compatible with adjoining development and the character of the zoning district.

• The proposed use would lower the value of nearby properties.

• The proposed use will be more objectionable in terms of noise, fumes, odors, vibration or lighting than other operations permitted in an agricultural district.

At an April 13 public hearing, which EnCana officials did not attend, the supervisors voted unanimously to approve the application if certain conditions were met, including posting bonds totaling $45,732 to maintain Firehouse and Peaceful Valley roads, keeping drilling-related traffic on Firehouse Road and state Route 118 and off Old Route 115, providing adequate insurance coverage for the township and that EnCana sign a legal agreement holding it to its commitment.

Supervisors Vice Chairman Ray Iwanowski made the motion to enact the ordinance and Chairman David Sutton and Supervisor Douglas Ide voted yes. For ethics reasons, only Iwanowski could make the motion; and neither Sutton nor Ide could participate in any questions about the vote or make the original motion because they have personal ties to gas drilling. Ide leased some of his own land for gas drilling, and Sutton consults property owners concerning drilling.

The Lansberry site likely would be EnCana’s third well site in the county if EnCana’s plans are not held up by the appeal. The company plans to begin drilling its first well in the county in July at a Fairmount Township site located off state Route 118 between Tripp and Mossville roads and owned by Edward Buda.

EnCana in May had received approval from the Luzerne County Zoning Hearing Board for a drilling site on property at 133 Soltis Road in Lake Township and owned by township Supervisor Amy Salansky and her husband, Paul.

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

Copyright: Times Leader

Drilling in shale bringing little tax

State county commissioners association is working to broaden taxing authority.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

Counties, municipalities and school districts aren’t seeing any significant tax revenue related to Marcellus Shale development under current tax law.

But the County Commissioners Association of Pennsylvania is working to change that, lobbying for legislation that would give those governmental bodies property taxing authority on natural gas similar to taxes levied on coal extraction.

“We have to have the assessment law changed. The reason (is that) other minerals are assessed. It’s not fair to the other mineral (extraction companies) and it’s not fair to the rest of the taxpayers who have to pick up the burden of their exemption,” association Executive Director Douglas Hill said of natural gas and oil companies.

Hill said the state Supreme Court in 2002 ruled that counties had no statutory authority to tax oil and gas because state assessment law specifically includes coal but makes no mention of oil or gas.

Since that time, oil and gas interests have been escaping local property taxes, which had been paid in oil and gas-producing counties since at least the early 1900s, according to a position paper released by the association.

“Producers of other minerals such as coal and limestone already pay their fair share of the property tax. Counties support reversing the Supreme Court’s 2002 decision to assure that oil and gas companies contribute their share to the local tax base as well,” the paper states.

Hill said House Bill 10 of 2009, sponsored by state Rep. Bill DeWeese, D-Greene County, would restore property tax assessment authority on oil and gas.

The levy proposed in the bill would apply only to proven wells. “If there’s nothing to be extracted or (the gas) can’t be extracted, then there is no value,” Hill said.

Hill said there is, of course, opposition to the bill from the oil and gas industry. But he pointed out that other oil and gas producing states assess oil and gas extraction. Hill also said that large, multinational companies involved in Marcellus Shale exploration already had payment of such a tax built into their business plans and were surprised to learn that Pennsylvania counties can’t assess natural gas extraction.

Another association position paper points out several ways local communities are impacted by Marcellus Shale exploration that justify taxation.

“Some of the most visible impacts have been to township roads, county bridges and other infrastructure as developers bring drilling rigs, construction equipment and truckloads of water to and from drilling sites. &hellip Hotels might be filled with workers associated with Marcellus, impacting both the tourism industry and the county hotel tax,” according to the paper.

“Workers from out of state and their families have utilized social services such as drug and alcohol treatment and children and youth services. County jails, county probation and law enforcement have been affected. Even county recorder of deeds offices are affected, flooded by title searchers confirming ownership of subsurface rights,” the paper states.

House Bill 10 is still in the House Finance Committee for consideration.

“We’ve been working on getting agreement to move on it. We want to have things in place for a vote in the House and prepare for going to the Senate. We’ve also been working on an introduction of a bill in the senate,” Hill said.

Generally, legislators understand the issue, Hill said, but it “gets confusing at times because they are looking at a state severance tax,” and the county and local taxation issue “gets tied up in all the other issues related to the Marcellus,” he said.

Currently, there are at least five Senate bills and at least 17 House bills pertaining to Marcellus Shale exploration as well as one House bill, two senate bills and a budget proposal from Gov. Ed Rendell that address the imposition of a severance tax, according to information provided by state Sen. Lisa Baker, R-Lehman Township.

In the meantime, county assessors are waiting for some legislative determinations.

Luzerne County Assessor’s Office Director Tony Alu feels pretty confident that legislation eventually will be adopted and that the county will see some tax revenue from natural gas extraction.

Alu said assessors from various counties had been discussing among themselves various taxation formulas that would be most appropriate to tax natural gas extracted.

“We’re waiting on the state to make a determination so that we can all be uniform. &hellip We just want to make sure we’re doing the right thing,” Alu said.

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

Copyright: Times Leader

Gas well permit issuance contested

County residents challenge zoning permit for proposed Lehman Township drill site.

STEVE MOCARSKY smocarsky@timesleader.com

Editor’s note: A print version and a previous on-line version of this story erroneously identified the well site in question as being in Lake Township.

WILKES-BARRE – Some Luzerne County residents have taken legal action challenging the issuance of a zoning permit for a proposed natural gas well drilling site in Lehman Township.

Dr. Thomas Jiunta, a podiatrist from Lehman Township, confirmed late Monday that an attorney working on behalf of himself and other county residents whom he declined to name filed a notice of appeal of a conditional use permit issued in April by the township supervisors.

WhitMar Exploration Co. and EnCana Oil & Gas USA Inc. had sought a conditional-use permit to drill a natural gas well on part of a an approximately 120-acre site located at 100 Peaceful Valley Road and owned by Russell W. Lansberry and Larry Lansberry.

At an April 13 public hearing, which EnCana officials did not attend, the supervisors voted to approve the application if certain conditions were met: that EnCana put up $13,540 to maintain Firehouse Road through the total time it is used; EnCana put up $32,192 to maintain Peaceful Valley Road similarly; all traffic related to the drilling traverse on Firehouse Road toward state Route 118; no traffic will go on Old Route 115 in the township (near the school); EnCana provide adequate insurance coverage for the township, and that a legally binding agreement be signed by EnCana holding it to its commitment.

“There is no credible argument that this industrial use of gas drilling, with the massive disruption that it causes, is consistent with agricultural use, which is what the area is zoned, or with the character of the community,” said attorney Jack Dean, who is representing Jiunta and the others.

Wendy Wiedenbeck, public and community relations advisor for EnCana, did not immediately return a call seeking comment.

The Lansberry site would likely be the third well site in the county if EnCana’s plans are not held up by the appeal. The company plans to begin drilling in July at a Fairmount Township site located off state Route 118 between Tripp and Mossville roads and owned by Edward Buda.

EnCana in May had received approval from the Luzerne County Zoning Hearing Board for a drilling site on property at 133 Soltis Road in Lake Township and owned by township Supervisor Amy Salansky and her husband, Paul.

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

Copyright: Times Leader

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

Baker proposes bills on gas drilling, drinking water

Pa. senator says protection needed to ensure drilling doesn’t contaminate water.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

The state senator representing the Back Mountain is proposing a series of bills to protect drinking water sources from contamination associated with natural gas drilling.

Sen. Lisa Baker, R-Lehman Township, said on Monday that the chances of water contamination grow as drilling into the Marcellus Shale increases in Pennsylvania, and the proposed bills are in response to citizen and community concerns about the safety of water resources.

“Prevention and protection are preferable to crisis management and emergency response,” Baker said.

EnCana Oil & Gas plans to drill two natural gas wells in the Back Mountain – one each in Lehman and Lake townships – and a third in the Red Rock area in Fairmount Township, not far from Ricketts Glen State Park.

The well site in Lehman Township is less than two miles from the Huntsville Reservoir.

Although there are proposed water protection regulations moving through the approval process, Baker said state law has “more force.”

And as drilling proceeds on a larger scale, “area residents want answers that show responsibility being assured, rather than risks being assumed,” Baker said.

“Reasonable environmental protections will not discourage the development of this industry; they will help to make sure that unreasonable costs are not imposed on local communities and homeowners,” she said.

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 afterwards – 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 the state Department of Environmental Protection to ensure that operators of wastewater treatment facilities are properly trained and sufficiently monitored to lessen the chances of human error creating a major problem.

Baker said some of the costs would be borne by the gas companies.

Oversight costs could be paid for through a severance tax, which is expected to be debated in the coming weeks.

She reiterated her opposition to any severance tax plan that would devote the revenue generated to filling a hole in the state budget rather than providing for community protection in drilling areas.

“The environmental and economic catastrophe in the Gulf of Mexico underscores the crucial nature of taking all reasonable precautions and for being prepared for dealing with extreme situations when things go horribly wrong,” Baker said.

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

Copyright: Times Leader

Drilling industry concerns anglers, hunters

By Tom Veneskytvenesky@timesleader.com
Sports Reporter

The talk inside Giles Evans’ sporting goods shop has changed recently.

For years hunters and anglers have come into Brady and Cavany Sporting Goods, in the heart of Tunkhannock, to swap stories about where the fish are biting and the big bucks are roaming. And every day, Evans leans on the counter and takes it all in.

But recently, in addition to hunting and fishing, a new topic has sprung to the forefront: gas drilling.

Evans said he hears more and more hunters and anglers expressing concerns about how the drilling boom will affect the streams they fish and the woods they hunt. It’s a concern that continues to grow as quickly as the well pads dotting the ground in Northeastern Pennsylvania.

“This is a big event up here,” Evans said. “A lot of people are making money, but a lot of people are concerned about the land and the water.”

Anglers, Evans said, are worried about the pristine trout streams in the area – Tunkhannock, Meshoppen, Mehoopany and Bowman’s creeks to name a few. They wonder if the streams can withstand the water withdrawals needed for the drilling process or, worse yet, what happens if they become contaminated.

“Anglers consider these places as pristine and they’re really concerned for the creeks,” Evans said. “The gas drillers are putting a lot of pads in around Meshoppen, near Whites Creek. That is a fantastic little trout stream. God forbid something happens there.”

Or anywhere else for that matter, according to Joe Ackourey, an avid fly fisherman and member of the Stanley Cooper Sr. Chapter of Trout Unlimited.

Ackourey said the area of Wyoming County and northern Luzerne County that is targeted for drilling is home to numerous high-quality wild trout streams. The majority of those streams, he said, flow through remote mountainous areas and could be easily damaged.

The disturbance created by gas drilling – clear-cutting for pads, erosion, increased water temperatures and water withdrawals – can be fatal to the wild trout and other aquatic life that inhabits the streams.

“I just don’t like the major changes that are going to take place to these ecosystems all for the sake of the mighty dollar,” Ackourey said. “I fear for those streams and the wild trout that inhabit them.”

Lease helps hunting club

Dallas resident Russ Bigus has hunted the mountains and farmlands of Sullivan and Wyoming counties for decades. He enjoys the abundant wildlife in the area and the pristine landscape.

Bigus also supports the gas drilling boom and the economic benefit that comes with it.

If done properly, Bigus feels, gas drilling can actually enhance the region’s natural areas.

The money paid to farmers and landowners who enter into leases with gas companies will make it easier for them to keep their land as open space, Bigus said.

While he admits there is reason to be concerned about environmental degradation, the revenue generated from drilling could prevent open space from becoming something else.

It has happened in other parts of the state, Bigus said.

“In Juniata County it used to be all farms with great habitat for wild pheasants,” he said. “That’s all gone now. Those farms have been sold for development.

“That doesn’t have to happen any more with the income generated from natural gas drilling. Hunting opportunities will remain the same or get better with our open space here remaining open.”

Bigus said his hunting club, the White Ash Landowners Association located in Cherry Township, Sullivan County, currently has a gas lease agreement for its 5,000 acres.

Much of the club’s land has been degraded by strip mining in the past, he said, and the impact from gas drilling is minimal in comparison.

“It’s a very short-lived impact from what I’ve seen,” he said. “And our land is even more financially stable now.”

Still, Bigus cautioned that drilling can be an environmental disaster if not regulated properly.

According to Luzerne County property records, private hunting and fishing clubs that have leased land for drilling include North Mountain Club in Fairmount Township, Mayflower Rod & Gun Club in Ross Township and Rattlesnake Gulch Hunting Club in Ross Township.

“Scary what could happen”

Dr. Tom Jiunta, who resides in Lehman Township, hikes and fishes around the Ricketts Glen area and near his cabin in Laporte, Sullivan County.

Both areas are potential hotspots for gas drilling activity, and Jiunta fears what could happen to the streams and trails, such as the Loyalsock Trail, that he and countless others enjoy.

Aside from the major disruption of clearing land and the potential for pollution, Jiunta said other effects could be devastating, such as noise from drilling, air pollution and the introduction of invasive species as equipment from other states is moved into the remote locations of Northeastern Pennsylvania.

“There’s a lot of subtle impacts that may not be noticed until a few years from now,” Jiunta said.

Despite his concerns, Jiunta said he isn’t totally opposed to drilling if it’s done properly “in the right places with the right regulations in place.” Pennsylvania is lacking as far with the latter, he said. “You can’t depend on the industry to police itself and we don’t have enough DEP (state Department of Environmental Protection) staff to keep on top of this.

“It’s really scary what could happen.”

As far as hunters go, some already have been affected by gas drilling. Evans, the sporting goods store owner, said hunters have told him that they lost their traditional hunting spots in Susquehanna County last deer season when the areas were deemed off limits due to gas drilling activity.

Even in areas where gas companies halted operations for the first week of deer season, Evans said, hunters were affected.

“Customers told me that in the Hop Bottom and Springville areas, the gas companies were out before the season with helicopters laying cables for seismic testing,” Evans said. “It was a noisy process and that scared a lot of deer out of the area and changed their patterns.”

Compromise needed

Bigus agreed that some hunting area will be lost while drilling commences, but believes conflicts can be reduced by an open line of communication between landowners and gas companies.

“For example, make sure they agree that there will be no activity for the first week of deer season, and have them do most of the work in the summer,” he said. “It’s important to establish a good relationship.”

And for all the concerns expressed daily by his customers, Evans said there is at least one example of how drilling can be done with little impact.

A well drilled near Nicholson, he said, was located next to a road and didn’t venture into the woods, lessening the impact on hunters and the environment, according to Evans.

But for that one positive, a looming negative experience continues to leave a sour taste with hunters and anglers.

In 2009, the Cabot Oil & Gas Corp. was fined $120,000 by DEP after methane gas infiltrated into private water wells in Dimock Township. In addition, between 6,000 and 8,000 gallons of fracking fluid leaked from a pipe at a drill site in the area and contaminated a nearby wetland.

This year Cabot was fined an additional $240,000 and ordered to shut down three wells because of methane contamination of water wells.

While DEP has prohibited Cabot from drilling in the area for one year, the damage was already done when it came to the views of hunters and anglers.

“That business in Dimock really has hunters and anglers concerned,” Evans said. “Everybody’s worried about it because there’s so much unknown, and the Cabot incident didn’t help.

“A lot of people that talk about it in the store just hope that they get done, get out and nothing gets harmed. In the meantime, they’re scared to death about what could happen.”

Copyright: Times Leader

Area races seeing little gas money

That situation could shift, says co-author of study of political donations.

By Andrew M. Sederaseder@timesleader.com
Times Leader Staff Writer

While natural gas companies and their related political action committees have given millions of dollars to elected officials throughout Pennsylvania since 2001, the donations have not flowed as heavily into the coffers of politicians serving Luzerne County.

One of the authors of a report that looked at the correlation of campaign contributions and legislation related to the natural gas drilling industry predicted they soon will.

A study released this week by the non-profit organization Pennsylvania Common Cause, takes a look at the link between gas firms and political donations and finds that since 2001, the industry has contributed $2.8 million to political candidates in Pennsylvania.

The study, titled “Deep Drilling, Deep Pockets” also reports that since 2007 the industry has spent $4.2 million to lobby members of the state legislature and the Rendell administration.

“I think part of the industry’s success is cultivating people at the very top,” said James Browning, director of development for Pennsylvania Common Cause and one of two men who put the report together.

The report includes a list of the top 25 recipients of the funding from Jan. 1, 2001 through April of 2010. At the top of the list is state Attorney General Tom Corbett, a Republican candidate for governor. He received $361,207, according to the report. Two previous gubernatorial candidates also made the list – Mike Fisher, who lost his bid in 2002, accepted $98,386, and Lynn Swan, who lost his bid in 2006, took in $351,263. Both men are Republicans.

Gov. Ed Rendell is sixth on the list. The Democrat from Philadelphia has accepted $84,100 in campaign contributions over the past nine and a third years. Current Democratic candidates for governor Dan Onorato, $59,300 and Jack Wagner, $44,550, ranked seventh and 10th respectively.

Others on the list include current and former judges, a former lieutenant governor, a candidate this year for that same post, a former candidate for the state House and numerous current members of the General Assembly.

Not one of the seven state House members or four state senators who represent Luzerne County made the top 25 list. In fact, according to records on the Department of State website and those provided by Pennsylvania Common Cause, campaigns for four of the seven House members did not receive one dime from the gas companies. The four are: Jim Wansacz, D-Old Forge; Phyllis Mundy, D-Kingston; Eddie Day Pashinski, D-Wilkes-Barre; and Mike Carroll, D-Avoca.

Rep. Karen Boback, R-Harveys Lake, accepted $250 from Chesapeake Energy Corp. Fed PAC on Oct. 9, 2009. Boback said that money was accepted by mistake and returned two months later. She said it is her policy “not to solicit or accept contributions from oil or gas companies.”

Rep. John Yudichak, D-Plymouth Twp., accepted $250 on April 10, 2008, from the PAC affiliated with Dominion Energy. Rep. Todd A. Eachus, D-Butler Township, accepted $500 from EQT Corp. PAC on July 2, 2009; $500 from EXCO Resources PAC on Oct. 20, 2008; and $250 from Equitable Resources, Inc. PAC on Sept. 30, 2008.

Of the four senators who represent a portion of Luzerne County, Bob Mellow, D-Peckville, took in the most at $3,000. That encompasses eight total donations, four from the Equitable Resources, Inc. Political Involvement Committee totaling $1,750 and four from the NFG PA PAC, affiliated with Seneca Resources, totaling $1,250. He declined comment through a spokeswoman, saying that he had not yet seen the report.

Sen. John Gordner, R-Berwick, accepted three donations of $500 from Dominion PAC. One came in 2004, another in 2006 and the third in 2008. His term does not expire for another two years.

Sen. Ray Musto, D-Pittston Township, accepted $500 from the Marathon Oil Co. Employees PAC on Oct. 20, 2008. Earlier this year, the veteran lawmaker announced he was retiring and not seeking another term in Harrisburg.

Sen. Lisa Baker, R-Lehman Township, accepted three donations at $500 apiece. One came from Cabot Oil and Gas on April 22, 2009; another was from EXCO Resources PAC on Nov. 19, 2008; and on April, 22, 2009, she accepted one from NFG PA PAC.

Browning said that as pressure from the public is placed on officials to tax the industry and approve more regulations, the elected officials at all levels of government, even those in non-leadership positions, will begin to see the money.

“I will predict that as there are more votes and as drilling expands, the money will come,” Browning said.

It will not head to Baker anymore.

The senator, who is seeking her second term in office this year, said, “Because of the sensitivity of the issues revolving around gas drilling, I am not asking for contributions from the gas drilling interests, nor am I accepting them.”

Barry Kauffman, executive director for Pennsylvania Common Cause, said the report illustrates the “power of political money in the governing process.” He said that as discussions about securing access to state forest land for drilling and severance taxes on natural gas production have popped up the past two years, lobbyist and campaign contribution spending have increased. The results have been no taxes have been approved and the state leased state land for drillers.

Baker said that she votes in response to her constituents, not her contributors.

“My legislative decision-making takes into account a variety of factors, but campaign contributions are never one of them. If anyone who contributes believes they are gaining special access or assuring a result, they will be sorely disappointed. That no-connection principle applies irrespective of the size of the contribution,” Baker said.

Andrew M. Seder, a Times Leader staff writer, may be reached at 570-829-7269.

Coyright: Times Leader

Drilling’s effect on ‘Clean and Green’ land uncertain

Bill would have rollback taxes assessed only on land impacted by wellhead permanently.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

Luzerne County Assessor’s Office Director Tony Alu still doesn’t know how Marcellus Shale development on land with “Clean and Green” designation will affect the land’s tax status.

“We don’t have a clear-cut plan yet. … I’m turning over every stone to get as much information as possible. We won’t be doing anything until I’m sure what our options are,” Alu said Monday.

Clean and Green is a program authorized by state law that allows land devoted to agricultural or forest use to be assessed at a value for that use rather than at fair market value.

The intent of the program, which is administered through county government, is to encourage property owners to retain their land in agricultural, open-space or forest-land use by providing real estate tax relief.

Property owners benefit through lower taxes as long as their land isn’t used for housing developments or other uses inconsistent with agricultural production, open-space or forest-land use.

If a property owner decided to use the land for a purpose inconsistent with the program, the landowner would have to pay “rollback taxes” – the difference between fair market value and use value of the land – for as many years as the property had been designated Clean and Green, up to a maximum of seven years.

Although it’s a state-authorized program, with maximum use values set annually for each county by the Department of Agriculture’s Bureau of Farmland Preservation, the bureau offers no guidance on how drilling for natural gas on a Clean and Green parcel would affect the tax status.

“The (state Farmland and Forest Land Assessment) Act is silent in that regard, so it’s left up to each individual county how to address it,” said bureau director Doug Wolfgang.

However, Wolfgang said, in March 2009, state Sen. Gene Yaw, R-Loyalsock Township, introduced a bill that would amend the act, allowing for natural gas drilling on Clean and Green land, with rollback taxes being assessed only on the portion of land that would be permanently impacted by a wellhead. State Sen. Lisa Baker, R-Lehman Township, was a co-sponsor of that bill.

Yaw represents Union and Sullivan counties and parts of Susquehanna, Bradford and Lycoming counties, which together boasted a total of about 200 natural gas wells by the end of last year.

The bill won Senate approval in February and is before the House for consideration.

Yaw has said the bill would provide counties across the state with “a consistent interpretation” to follow and would “help to prevent differing opinions on how many acres of roll-back taxes should be levied on landowners who have leased for natural gas development.”

He has said farmers and landowners need the bill to become law “so that there isn’t any confusion on how the Clean and Green Program operates.”

The bill also would exempt land with underground transmission or gathering lines from roll-back taxes and would allow for one lease for temporary pipe storage facilities for two years. Each property would have to be restored to its original use.

Regardless of whether the bill becomes law, Lake Township Supervisor Amy Salansky said neither she nor her husband, Paul, will have to pay rollback taxes on their Clean and Green land, on which EnCana Oil and Gas USA intends to drill a natural gas well in August. If county officials decide to assess rollback taxes, the lease with EnCana makes the energy company responsible for paying them.

Salansky noted neither she nor her husband own the mineral or gas rights to the land.

The couple bought the land after the owner died so they could farm it, but the owner had willed the mineral and gas rights to his nephew, who retained them in the sale.

The Salanskys are crop farmers, growing oats, corn and hay. They own and work more farmland nearby, Amy Salansky said.

Even if the entire 50-acre parcel is kicked out of the Clean and Green program, Salansky said she would reapply to have the parcel accepted back into the program, minus the 6 acres that would be used for the gas-drilling operations.

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

Copyright: Times Leader

Rally targets Moon Lake drilling

The pursuit of natural gas on county land could endanger area water supplies, one leader says.

RALPH NARDONE Times Leader Correspondent

Opposition to local natural gas drilling continues to boil over. On Saturday, about 100 people gathered to voice their concerns about possible drilling at Moon Lake Park. The 650-acre park had been kicked around as a site with the blessing of county officials who were seeking a way to cash in on the local boom.

Donna Arnold and Brandon Wiernusz gathered with several other supporters of Moon Lake Park Saturday for a rally in protest of natural gas drilling and the closing of the Plymouth Township park.

Organizers originally intended to conduct a nine hour “rally” there that included food vendors, family activities, music and more but could only meet briefly due to a lack of proper insurance coverage.

Janine Dymond from Harding, member of the Friends of Moon Lake and bike trail enthusiast said the county required by policy $1 million worth of insurance coverage for any large scale event on county property. She said when the group learned about the insurance they decided the estimated $1,300 in premiums to be cost prohibitive.

Still, they gathered to support each other, displaying signs of protest for the prospective drilling plans, and spit vitriol at Commissioner Steve Urban who supports gas drilling there.

Dymond said she personally gathered about 600 signatures on an anti-drilling petition.

“It’s hard not to get involved,” Dymond said.

Dr. Tom Jiunta from Lehman Township, one of the founders of the Gas Drilling Awareness Coalition, said the environmental cons of park drilling far outweigh the economic pros. Because of its proximity to the Ceasetown Dam, the fact most residences use well water and the recent issues concerning ground water pollution, drilling is too risky.

In addition, the amount of diesel fuel exhaust from the truck traffic and drilling machinery belched from a 24-hour industrial project is significant, he said. He spoke to people who have respiratory issues they attribute to drilling.

He said the gas industry often misleads about the actual economic value of drilling to Northeastern Pennsylvania. Most of the jobs produced will be for workers who come from out-of-state, he said. The gas taken locally will be sold in the global market to countries such as China, he added.

When talking about Moon Lake, Jiunta said the beauty of the park should be preserved as well as the health and safety of the residents.

Jean Whitesell from Hunlock Creek and Kathy Hopkins from Ashley, co-workers who visit Moon Lake on a regular basis, expressed their fears the park will become a drilling site. They were fishing with their children.

Whitesell said she was “upset” when she first heard about the drilling plans.

She said she is not opposed to gas drilling as long as it is done where it won’t “hurt anybody.”

Dymond said the Friends of Moon Lake thanked the Sierra Club for its help in fighting the drilling project. She said the group intends to organize a rally sometime in the near future.

Copyright: Times Leader