“Moreland Monday” Analysis of Pro-Fracking Contributions Raises Serious Questions for Commission to Investigate – Common Cause

“Moreland Monday” Analysis of Pro-Fracking Contributions Raises Serious Questions for Commission to Investigate – Common Cause.

TOO BIG TO IGNORE: Subsidies to Fossil Fuel Master Limited Partnerships

priceofoil.org/content/uploads/2013/07/OCI_MLP_2013.pdf.

TOO BIG TO IGNORE:

Subsidies to Fossil Fuel 

Master Limited Partnerships

Prepared by

Doug Koplow

Earth Track, Inc.

Cambridge, MA

Prepared for

Oil Change International

July 2013

Port Ambrose LNG terminal

    By

  • WILL JAMES

A proposal to build a natural-gas facility off Long Island and New Jersey has turned into a proxy for the debate about hydraulic fracturing, the gas-drilling technique that remains banned in New York state.

Liberty Natural Gas LLC is asking the federal government for permission to build a facility where ships carrying liquefied natural gas would dock, vaporize the gas and pump it into the New York City area.

The company says it will never use the $300 million terminal in the Atlantic Ocean to export the gas overseas. But opponents are skeptical, saying the facility to be called Port Ambrose could drive a hydraulic-fracturing boom in the Northeast as the U.S. natural-gas industry appears poised to pivot from importing to exporting.

Federal agencies are reviewing the application, but environmental groups from the Catskills to the Jersey Shore are lobbying Gov. Andrew Cuomo, a New York Democrat, and Gov. Chris Christie, a New Jersey Republican, both of whom have the power to stop the proposal.

“Fracking in New York state will be made possible because of this facility that is being proposed off of our shores,” said Jeremy Samuelson, the executive director of Concerned Citizens of Montauk, an environmental group in eastern Long Island.

A spokesman for Mr. Cuomo said: “We are monitoring the federal process.” A Christie spokesman didn’t respond to requests for comment. In 2011 and 2012, Mr. Christie vetoed two proposals by Liberty to build offshore terminals, citing environmental and security concerns.

Liberty, based in Manhattan, said it wanted only to exploit a niche market in the New York City area, where winter prices rise because pipeline capacity falls short of demand.

“We’ve identified New York City as a particularly attractive seasonal peak market during the winter months,” said Liberty Chief Executive Roger Whelan.

Industry experts backed the Liberty business plan’s logic. “It’s not totally crazy, because of the constraints to deliver to the New York City area,” said Kenneth Medlock, senior director of the Center for Energy Studies at Rice University, in Houston. “It’s a way around pipeline constraints.”

Hydraulic fracturing—widely known as fracking—involves the injection of millions of gallons of water, sand and chemicals into the earth to break up shale rock and release natural gas. Critics cite concerns about groundwater pollution, hazardous byproducts and the release of methane, a potent greenhouse gas.

Parts of New York state sit on the Marcellus Shale, a rock formation rich in untapped natural gas. A moratorium on widespread, high-volume fracking has been in place since 2008 as New York state government officials weigh whether to allow it. It is legal in other states, such as Pennsylvania, Ohio and West Virginia, that also sit atop the formation.

The U.S. Coast Guard and the Maritime Administration are conducting an environmental review of the Port Ambrose proposal, which would be 20 miles southeast of Jones Beach on Long Island and 28 miles east of Long Branch, N.J.

Port Ambrose would consist of two submerged buoys—each 33 feet tall and 24 feet in diameter—moored to the sea floor where ships could stop and turn liquefied natural gas into its gas form. The gas would travel through underwater pipelines into an existing pipeline serving New York City and Long Island.

The Maritime Administration ultimately will rule on the application, but it must deny it if Mr. Cuomo or Mr. Christie expresses opposition.

The proposal comes at a dynamic time for the gas industry. U.S. prices have been dropping for years as new production methods such as fracking have driven a domestic boom.

As U.S. natural gas production has hit record heights in recent years, more companies have been seeking to ship it overseas. Port Ambrose is one of four pending import terminals, while there are 20 seeking to export, according to the Federal Energy Regulatory Commission.

A representative for Neptune LNG Deepwater Port, an offshore terminal in Massachusetts Bay near Boston designed to exploit a niche similar to the one eyed by Liberty in New York, said last week that low natural-gas prices have rendered the facility inactive for years and it planned to suspend operations.

Neptune was one of only two operational offshore ports designed to import liquefied natural gas—like Port Ambrose.

Even though Neptune is shutting down, Mr. Whelan said the Boston area still relies on liquefied natural gas from other facilities in the winter, due to pipeline constraints. “It really is an apples and oranges comparison,” he said. “We still believe there’s a very strong market in the winter months for this kind of supply into New York City.”

Some of the contention over Port Ambrose hinges on whether it would be legal or technically feasible to switch an import facility to an export facility.

Mr. Whelan said he wouldn’t seek to export gas from Port Ambrose because it wouldn’t be legal under the federal license he seeks. Liberty’s opponents say federal law allows the Maritime Administration to easily amend licenses without having to solicit public input, and they want the federal government to take the impacts of exporting the gas and fracking into consideration.

The Maritime Administration said if Liberty sought to export liquefied natural gas from Port Ambrose, it would be required to file a new application and restart a lengthy review process. The current application is being considered exclusively for importing, a spokeswoman said.

Emerging technology will allow exporters to liquefy natural gas on vessels and ship it from offshore terminals like Port Ambrose, but Mr. Whelan said that technology was prohibitively expensive, costing billions of dollars. “It would be insanity to install an export facility,” he said.

A version of this article appeared July 22, 2013, on page A19 in the U.S. edition of The Wall Street Journal, with the headline: Offshore Plan Spurs Debate On Fracking.

Northeast Gas Association: NGA ISSUE BRIEF: Pipeline Expansion Projects

Northeast Gas Association: NGA ISSUE BRIEF: Pipeline Expansion Projects.

SUMMARY

  • Numerous projects are in development to expand the Northeast pipeline system, to transport supplies from the productive Marcellus shale gas basin in Appalachia
  • Projects rely upon customer commitments via contracts to proceed
  • Development must meet federal and state regulatory requirements.
  • NGA: pipeline infrastructure development is needed in the region to meet market demand.
Photo: Spectra Energy

The Northeast’s natural gas industry is striving to move forward with infrastructure projects designed to meet growing market demand. There is substantial growth in natural gas supplies within the Marcellus Shale basin on the border of the Northeast region (NY, NJ and New England). Even so, getting these new supplies to market requires further natural gas pipeline infrastructure investments, which requires incremental contract commitments.

Benefits of Adding Infrastructure

The Northeast natural gas pipeline system region remains constrained at several key points – particularly into the New York City area/Long Island and New England. New supplies and infrastructure will help to ease those constraints, and should help to improve the regional price situation.

The multiple projects all center around bringing Marcellus Shale supplies in Appalachia to market. These projects are designed to help further increase regional natural gas capacity, deliverability, flexibility and reliability, as well as provide economic and environmental benefits to the region. They also are planned to bring natural gas liquids, such as ethane, to market, a by-product of gas production.

In addition, there are planned system expansions on local utility systems to meet growing demand for natural gas – at the residential and commercial/industrial levels.

Importance of Contract Commitments to Project Advancement

The natural gas delivery system is designed to fulfill its contractual arrangements. Pipeline capacity is added to meet the needs of gas customers requesting primary firm service and who are willing to execute firm transportation contracts that pay for the required capital investment and operating costs. Without such commitments and arrangements, projects cannot proceed.

The Federal Energy Regulatory Commission (FERC) in a December 2003 report on New England’s natural gas infrastructure noted:“The adequacy of the natural gas infrastructure is based on its ability to fulfill its contractual commitments. Natural gas may be contracted on a firm or interruptible basis. Interruptible contracts are typically less expensive because capacity is only paid for if used, and the supplier or transporter may interrupt service. The natural gas infrastructure is considered adequate if firm commitments are met and terms of the interruptible contract are satisfied.”

The Interstate Natural Gas Association of America (INGAA) noted in fall 2011 that “between 2005 and 2010, pipeline expenditures [in the U.S.] averaged $8.8 billion per year in real 2010 dollars.”

However, natural gas pipeline companies do not design or build pipeline projects based on the assumption that there will be a future market for transportation. Capital investment by pipelines must be supported by revenue certainty through firm service agreements.

The U.S. Energy Information Administration (EIA) summarizes the various options for creating additional pipeline capacity as including:

  • Building an entirely new pipeline
  • Adding a parallel pipeline along a segment of pipeline, called looping
  • Installing a lateral or extension off the existing mainline
  • Upgrading and expanding facilities, such as compressor stations, along an existing route.

What are the Stages of Pipeline Project Development?

There are several stages of project development. The following is adapted from a U.S. EIA paper.

As shown in the chart above, pipeline capacity additions in the Northeast have been rising in recent years. The outlook for further growth in 2013 – shown in pale green – is especially robust.

Source: U.S. Energy Information Administration, March 25, 2013

Phase I: Market Assessment and “Open Season”
Market need and project viability assessed
Meet with stakeholders
Project proposal announced
“Open season” held to gauge level of market interest among potential customers
non-binding commitment to sign-up for a portion of the capacity rights available on the project

If enough interest is shown, sponsors arrive at preliminary design.

Phase 2: Development of final project design and obtaining of firm financial commitments from customers; meet with stakeholders

Phase 3: Filing with regulatory agencies – federal, state, etc.

Phase 4: Regulatory review and issuing of necessary certificates

Phase 5: Construction

Phase 6: Commissioning and testing

Photo: Yankee Gas Services Company

The process from initial development to commissioning can take from 3 to 5 years, and sometimes even longer.

Regulatory Review

The Federal Energy Regulatory Commission (FERC) is the lead permitting agency for interstate pipeline projects. FERC is an independent agency that regulates the interstate transmission of natural gas, electricity and oil.

In addition, projects require certain state (and sometimes local) permits, particularly in environmental matters.

The U.S. EIA observes: “A FERC review of an interstate pipeline project takes from 5-18 months, with an average time of 15 months. No data are available on the average time for obtaining approval from an individual State agency. Usually, approval by the regulating authority is conditional, but most often the conditions do not constitute a significant impediment. The project sponsor must then either accept or reject the conditions or reapply with an alternative plan.”

Opportunities for the Region

The Marcellus supply production and the related infrastructure development offer great opportunities to the economy and environment of the Northeast. This region remains one of the most highly-populated, highly-priced and yet most highly-constrained gas markets in the U.S. These supply and pipeline developments have the potential of transforming the traditional paths of supply sourcing into the region, creating a more diverse supply mix and a more varied delivery network. This bodes well for regional supply security and economic competitiveness.

For Further Information

NGA Summary of Proposed Northeast Pipeline Projects [pdf]

U.S. EIA Outline of Pipeline Development Process

U.S. FERC

Interstate Natural Gas Association of America (INGAA)

 

400 + unConstitution Pipeline Intervenors !

400 + unConstitution Pipeline Intervenors !.

FossilFuelSubsidy_201112.pdf

Report_FossilFuelSubsidy_201112.pdf.

Pennsylvania Fossil Fuel Subsidies: 

An Overview 

by

Christina Simeone, Director, PennFuture Energy Center

EXECUTIVE SUMMARY

Pennsylvania taxpayers may not know they are subsidizing the production and use of fossil fuels. In fact,

Pennsylvania is subsidizing fossil fuels at a cost of almost $2.9 billion per year.1,2 Use of these fuels burdens

taxpayers with additional non-monetized externalities such as air, land and water pollution and the associated

negative human health and property impacts. Since many of these subsidies were passed years or decades ago,

Pennsylvania’s current policymakers may not all be aware that these subsidies exist or understand their cumulative

impacts.

The federal government has long subsidized the production and use of fossil fuels to the tune of billions of

dollars per year, and to the considerable benefit of these extremely profitable and mature industries. Federal level

subsidies reduce the amount of taxable income that fossil fuel companies are required to report to Pennsylvania for

state taxes. Further, Pennsylvania tacks on additional subsidies such as tax breaks and grant programs that benefit

the use or production of fossil fuels. With respect to energy, there is no free and competitive market, least of all in

Pennsylvania.

The state’s fossil fuel subsidies come primarily in the form of tax exemptions, with only a handful of applicable tax

credits and grant programs. There are exemptions for the use of fossil fuels, such as exempting gasoline purchase

from Sales and Use Tax, which make these fuels more attractive by lowering their costs to the consumer. There are

also exemptions that benefit distributors of fossil fuels, such as exempting natural gas sales from the Gross Receipts

Tax, thereby reducing the tax burden on distribution companies, and increasing their profitability. Producers of

fossil fuels also enjoy subsidies, like the Sales and Use Tax exemption for the purchase of mining equipment,

which reduces costs to coal mining companies and increasing profitability. Ironically, Pennsylvania subsidizes the

purchase of pollution control equipment to help users of fossil fuels pay for the cost of cleaning the air and water

fouled by these very fossil fuels.

This preliminary overview of Pennsylvania’s fossil fuel subsidies is intended to promote discussion and perhaps

even a reexamination of Pennsylvania’s overall incentive strategy with respect to energy. This report should be

read as an introduction to the issue of Pennsylvania’s fossil fuel subsidies; additional research and analysis is

required.

Susquehanna County PA Compressor Station Tour

Bill Huston’s Blog (Binghamton NY): Plane Ride 7-17 Broome County NY / Susquehanna County PA Compressor Station Tour.

PEER – NO SURPRISE FEDERAL PIPELINE SAFETY EXERCISES SINCE 2005

PEER – NO SURPRISE FEDERAL PIPELINE SAFETY EXERCISES SINCE 2005.

For Immediate Release: Jul 17, 2013

Contact: Kirsten Stade (202) 265-7337

NO SURPRISE FEDERAL PIPELINE SAFETY EXERCISES SINCE 2005

Scant Oversight or Local Coordination on Pipeline Emergency Response Plans


Washington, DC — The federal pipeline safety agency has not conducted a single surprise exercise for more than eight years to determine whether an operator can execute emergency response plans, according to documents released today by Public Employees for Environmental Responsibility (PEER). Nor does the agency have a ready account of which emergency response plans it has approved, rejected or changed.

More than 2.5 million miles of pipelines carrying oil, natural gas and high-hazard liquids, honeycomb the U.S. Each year, there are more than 100 “significant” pipeline accidents involving loss of life, injuries, fire and/or major spillage. Recent pipeline spills and explosions have had catastrophic results.

Federal guidelines call for up to 20 unannounced exercises annually to demonstrate an operator’s “ability to respond to a worst case discharge spill event.” Yet in documents obtained in a Freedom of Information Act lawsuit, the Pipeline and Hazardous Materials Safety Administration (PHMSA) concedes that –

  • It has not conducted any unannounced safety exercise since 2005, when it only conducted one. In the preceding 10 year period, the agency conducted 36 surprise exercises, peaking with 14 in 1997;
  • In the last five years, PHMSA has completed only 26 announced safety reviews, with only one initiated in 2012. More than half of all these reviews (15) occurred in 2011; and
  • The agency cited two exercises in 2004 which were labeled “unknown” because PHMSA had no record on whether they were surprise or scheduled.

“Since there are no surprise safety drills, it should be no surprise when the on-scene response to actual emergencies is lacking,” stated PEER Counsel Kathryn Douglass, who brought the suit that pried the documents loose. “Given PHMSA’s supine posture, pipelines in America are essentially self-regulated.”

Beyond whether operators can carry out their emergency response plans, the adequacy of those plans also remains in question. Months after PEER asked and ultimately sued PHMSA to produce response plans submitted by pipeline operators, the agency still has only been able to provide a handful of the 314 current plans. Moreover, PHMSA cannot identify a single one of the more than 1,000 pipeline response plans it has reviewed during the past five years that it has rejected or amended.

“If it takes PHMSA months to produce copies of emergency response plans, that means communities on the front line have no access to the safety playbook in case of an accident,” Douglass added, noting that in recent major pipeline spills, local emergency response agencies were in the dark both about what was occurring and what the planned response was supposed to include. “We should not have to sue in federal court to obtain pipeline emergency response plans – they should be posted routinely on the web.”


###

See PMSA list of pipeline safety exercises – unannounced, announced and unknown

Look at federal guidance on unannounced pipeline exercises

Scan the list of all current and archived facility response plans

View PHMSA failure to implement NTSB recommendations following recent disasters 

The Executive Order That Could Save U.S. Water Supplies – EcoWatch: Cutting Edge Environmental News Service

The Executive Order That Could Save U.S. Water Supplies – EcoWatch: Cutting Edge Environmental News Service.

Quebec’s Lac-Mégantic oil train disaster not just tragedy, but corporate crime | Environment | guardian.co.uk

Quebec’s Lac-Mégantic oil train disaster not just tragedy, but corporate crime | Environment | guardian.co.uk.

The deeper evidence about this event won’t be found in the train’s black box, or by questioning the one engineer who left the train before it loosened and careened unmanned into the heart of this tiny town. For that you’ll have to look at how Lac-Mégantic was hit by a perfect storm of greed, deregulation and an extreme energy rush driving companies to ever greater gambles with the environment and human life.

The crude carried on the rail-line of US-based company Montreal, Maine and Atlantic Railway – “fracked” shale oil from North Dakota – would not have passed through Lac-Mégantic five years ago. That’s because it’s part of a boom in dirty, unconventional energy, as fossil fuel companies seek to supplant the depletion of easy oil and gas with new sources – sources that are harder to find, nastier to extract, and more complicated to ship.

Like the Alberta tar sands, or the shale deposits of the United States, these energy sources are so destructive and carbon-intensive that leading scientists have made a straightforward judgment: to avert runaway climate change, they need to be kept in the ground. It’s a sad irony that Quebec is one of the few places to currently ban the “fracking” used to extract the Dakotan oil that devastated Lac-Mégantic.

But fossil fuel companies, spurred by record profits, have deployed a full-spectrum strategy to exploit and carry this oil to market. That’s one of the reasons for a massive, reckless increase in the amount of oil shipped by rail. In 2009, companies shipped a mere 500 carloads of crude oil by rail in Canada; this year, it will be 140,000.