Tuesday, August 26, 2014

Capitolwire.com: Attorney General Issues Subpoenas On Gas Well Royalty Payments

Capitolwire.com reported late Tuesday Attorney General Kathleen Kane has issued administrative subpoenas to Marcellus Shale drilling companies across the state as part of her Office’s review of gas well royalty payment issues.
In broadening her office's investigation, Kane issued administrative subpoenas, which differ from traditional subpoenas and are considered controversial because judicial oversight is not required.
Refusal to comply with the administrative subpoena could result in a contempt of court charge, according to the administrative code.
Spokespeople for both the Attorney General and the Marcellus Shale Coalition refused to comment on the matter.
In February Gov. Corbett, Sen. Gene Yaw (R-Lycoming), Majority Chair of the Senate Environmental Resources and Energy Committee, and Sen. Joe Scarnati (R-Jefferson) asked the Attorney General for an official inquiry into post-production cost deductions by natural gas producer Chesapeake Energy.
In March Sen. Yaw said the Attorney General confirmed she would be starting an investigation.
On June 27, 2013, Sen. Yaw convened a public hearing of the Senate Environmental Resources and Energy Committee on royalty issues.
“During our hearing, the Committee heard testimony that deductions by Chesapeake were as high as 100 percent of some royalty checks.  This raises a significant consumer protection issue for hundreds of constituents in my Senate district,” said Sen. Yaw.
In light of the ongoing issues between Chesapeake Energy and Bradford County leaseholders, Sen. Yaw has also introduced a package of legislation, known as the Oil and Gas Lease Protection Package to safeguard leaseholder rights.
The bills include: Senate Bill 1236 (Yaw-R-Lycoming) amends the Oil and Gas Lease Act further providing for payment of royalties,Senate Bill 1237 (Yaw-R-Lycoming) establishing the Natural Gas Lease Anti-Retaliation Act to protect royalty interest owners andSenate Bill 1238 (Yaw-R-Lycoming) establishing the Oil and Gas Lease Satisfaction Act providing for certain forms and damages. Sponsor summary of all three bills.
All three bills passed the Senate in April over stiff opposition from the drilling industry.  They remain in the House Environmental Resources and Energy Committee.
Rep. Garth Everett introduced  House Bill 1684 to address the royalty issues in March.  The bill was reported out of the House Environmental Resources and Energy Committee in April after an industry-friendly amendment was added.  It was remained on the House Calendar since then.
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DEP Reschedules Hearings On Hilcorp Gas Pooling Requests For Oct. 27, 28

The Department of Environmental Protection Tuesday announced hearing officer Michael Bangs has rescheduled the public hearing sessions on an Application for Gas Well Spacing Units, or spacing order, received from Hilcorp Energy Co., for October 27 and 28.
Hilcorp Energy Co. is applying for a well spacing order that establishes four gas well drilling units on 3,267 acres to drill into the Utica Shale Formation in Pulaski Township, Lawrence County and Shenango Township, Mercer County.
Under the Oil and Gas Conservation Law of 1961, when a spacing order application is submitted, an administrative hearing must be held prior to a final decision on the application.
On July 11, the hearing officer rescheduled the hearing sessions for September 16 and 17, after two previous postponements. Due to a scheduling conflict, Hilcorp requested new hearing dates. At the request of the hearing officer, the parties determined agreeable dates for the hearing.
On Aug. 5, the intervening property owners renewed their Motion to Stay, which would delay the hearing pending a final ruling by the Commonwealth Court on a related matter. On Aug. 11, hearing officer Bangs denied the motion.
The first hearing session has been rescheduled for October 27 and 28. The hearing session will begin at 10 a.m. and 9 a.m. respectively and be held at the Albert P. Gettings Government Center Annex of the Lawrence County Government Center, Assembly Room, 349 Countyline St., New Castle.
The first two-day hearing session will accept testimony on the spacing order application. DEP, Hilcorp and property owners and operators in the area subject to the order will be eligible to provide testimony. The first session will be open for the general public to attend and observe.
The second hearing session will begin at 6 p.m. on October 28, at the same location. As requested previously by DEP, anyone from the general public will have the opportunity to provide input about the application at the second session.
Interested persons and operators wishing to present testimony at either session should contact Glenda Davidson at 717-787-4449 at least seven days prior to the first session.
Those giving testimony at the second session will be requested to submit three written copies of their oral testimony to the assigned hearing officer.
The department will submit a public notice of the rescheduled hearings for publication in local papers at least two weeks prior to the hearing sessions. Although not required by law, DEP also will directly notify all royalty owners and operators within the area subject to the requested order. Information on the hearing will also be published in the Pennsylvania Bulletin.
For more information, visit DEP’s Conservation Law webpage or call 717-772-2199.
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DEP: Wednesday Air Quality Action Day In Southeast PA

The Department of Environmental Protection issued an Air Quality Action Day alert for Wednesday for Southeast Pennsylvania including the counties of Bucks, Chester, Delaware, Montgomery and Philadelphia.  Click Here for details.
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Chesapeake Bay Foundation-PA Launches Clean Water For The Keystone State Campaign

The Chesapeake Bay Foundation-PA has launched an exciting statewide campaign-- Clean Water Counts-- urging Pennsylvania officials to make clean water a priority throughout the Keystone State, and to commit the needed funding to ensure that all 83,000 miles of waterways in the state are clean.
According to the Department of Environmental Protection’s most recent statewide water quality survey, nearly one-quarter, almost 20,000 miles, of the creeks, rivers, and lakes that we rely on for recreation, and for drinking and household uses, are polluted.
“Healthy families, strong communities, and a thriving Pennsylvania economy depend on it,” said Harry Campbell, CBF-PA’s Pennsylvania Executive Director. “That’s why we’re calling on the state to prioritize clean water and funding to decrease pollution from agricultural activities and runoff from our urban and suburban communities.”  
In addition to calling on state officials to commit the needed resources for clean water, CBF is also asking something of local officials and citizens.
“We’re asking all Pennsylvania residents to show their support for clean water by signing the Clean Water Counts online petition,” said Campbell. “And we’re asking County Commissioners throughout the state to adopt Clean Water Resolutions, to further encourage state officials to prioritize clean water.”
Without targeted prioritization and funding to address pollution issues, the Commonwealth’s most important resource, clean water, will continue to be susceptible to pollution and degradation
The Clean Water Counts campaign is a part of CBF’s on-going mission to improve water quality locally, and downstream in the Chesapeake Bay. By working together and following Pennsylvania’s Clean Water Blueprint, we can restore our local rivers and streams.
Together, we can have clean water for today, and for generations to come.
Online petition signatures will be accepted through October 18th, the anniversary of the Clean Water Act.
To learn more about the campaign, visit the Clean Water Counts webpage.
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Help Wanted: Part-Time Administrator, PA Chapter American Chestnut Foundation

The PA Chapter of the American Chestnut Foundation is accepting applications for a part-time administrator based at Penn State University in State College.  The deadline for applications is September 1.  Click Here to apply for Job Number 53133.
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Wild About Wildlife And Our Home Program, Bucks/Montgomery Sept. 6

The Indian Valley Public Library in Telford, Bucks/Montgomery counties, will hold a special Wild About Wildlife And Our Home Program September 6 starting at 10:00 a.m.
Activities include a series of education programs for all ages, special story times and crafts for kids and information tables from local organizations.  This free event attracted over 250 people last year.
For more information, visit the Indian Valley Public Library website.
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DEP Assesses $250,000 Penalty Against 4 Gas, Oil Services Companies

The Department of Environmental Protection Tuesday  announced a Consent Order and Agreement with William C. Henderson, Titusville Oil & Gas Associates Inc., Eagle Line Corporation, and Olympia Oil Services Inc., which includes $250,000 in civil penalties.
The civil penalties stem from various violations of the Clean Stream Law, Solid Waste Management Act, and Oil and Gas Act, including failure to obtain Erosion and Sediment Control general permits during earthmoving, unauthorized discharge of production fluids, failure to report such unauthorized discharges, failure to plug abandoned wells, and other violations.
The violations were discovered during inspections of various properties owned and operated by Henderson and his companies between March 2010 and June 2014.
Further investigations by DEP also concluded that Henderson and Titusville Oil had disturbed more than five acres and disturbed wetlands without permits, along with several other on-going issues.
In addition to the penalties, Henderson and his three companies must take all actions necessary to attain compliance with the state’s laws and regulations, including the cease and desist of all unauthorized well activity, restoration of all illegally disturbed areas, and submission of outstanding reports, among other requirements.
Henderson is the president and operator of the three companies, and is subject to the requirements of the Consent Order and Agreement. Henderson and his companies are required to pay the civil penalty in payments, with an immediate $25,000 payment and equal payments of $56,250 over the next 12 months.
In 2011 William Henderson was charged by the Office of Attorney General for criminal violations of dumping gas well production brine into abandoned wells.
For more information call 814-332-6945.
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Live Bald Eagle To Visit Hawk Mountain Sanctuary August 30

Visit Hawk Mountain Sanctuary on “Bald Eagle Migration Day,” August 30, and see a live bald eagle up close and personal during two free presentations at 11 a.m. and 2 p.m. by Carbon County Environmental Center. Eagle programs will be held in the outdoor amphitheater, or indoors in the event of rain.
Bald Eagle Migration Day is designed to remind visitors that late August and early September are some of the best times to see bald eagles on migration. At this time of year visitors have a 40 percent chance of seeing a bald eagle at Hawk Mountain’s North Lookout, and a 52 percent chance between September 1 and 15th.
“Eagles are on the rise, and now more than ever you have a chance of seeing one at Hawk Mountain Sanctuary,” says Mary Linkevich, a spokesperson for the Sanctuary.
Children will be invited to participate in a bald eagle counting activity at the Lookout, and free information about eagles, their conservation status and their natural history can be found in the Visitor Center.
For more information, visit the Hawk Mountain Sanctuary website.
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Tuesday NewsClips

Click Here  for PA Capitol Digest NewsClips
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