Opposition Grows to Fracking and Fracking Infrastructure Projects

http://ecowatch.com/2016/01/26/opposition-grows-fracking/

Photo credit: Robert A. Jonas

Over a seven day period last week there was a flurry of step-it-up activity on the East Coast in opposition to the planned expansion of fracking and fracking infrastructure.

It began with a three-day walk over the Martin Luther King, Jr. weekend in sub-freezing, wintry weather in rural western Massachusetts against Kinder Morgan’s proposed Northeast Energy Direct pipeline. Upwards of 200 people took part in the walk, with an average of about 80 people walking 11-12 miles each day. The spirit and energy of the group was powerful.

It continued on Wednesday in Harrisburg, Pennsylvania with a successful disruption of the last meeting of Gov. Tom Wolf’s gas-industry-stacked pipeline infrastructure commission. The commission was set up to sell the plan to build even more gas pipelines and expand fracking in the state.

And it ended on Thursday in Washington, DC with the 15th consecutive Beyond Extreme Energy disruption of the monthly Federal Energy Regulatory Commission (FERC) Commissioners’ meeting. This action was followed by one right near the White House at a Bank of America branch. Bank of America is a major funder of the being-built Cove Point, Maryland Liquified Natural Gas export terminal.

Also this past week, on Monday, seven people were arrested at the latest blockade organized by We Are Seneca Lake in Ithaca, New York at the Crestwood gas storage facility; many hundreds have been arrested over the last year and a half in a campaign that shows no signs of letting up.

The movement against FERC and the expansion of fracked gas pipelines, compressor stations and storage and export terminals has made great strides over the past year and this past week’s actions are an indication of what will be happening this year.

FERC’s outrageous behavior—it has rejected only one proposed interstate gas pipeline in the last 10 years, according to former FERC employee and attorney Carolyn Elefant—and the broad and growing movement against it are prompting senators, congresspeople, Bernie Sanders and Hillary Clinton to speak out and take action:

• Bernie Sanders has come out against the Northeast Energy Direct pipeline.

• Hillary Clinton, at a town hall meeting in Keene, New Hampshire last October, said, “If we’re going to have a national commitment to do something about climate change, FERC needs to be part of that commitment. It’s not just the U.S. Environmental Protection Agency (EPA) that needs to be focused on combating climate change, every part of the federal government needs to be focused.”

• Congressman Matt Cartwright (D-Pa.) wrote about FERC in September to the Department of Energy Inspector General, leading to an audit of the FERC permitting process, currently underway.

• In late November five Congresspeople from New England wrote to FERC calling upon them to review all proposed energy projects across the region in tandem to determine how New England’s energy markets will best be served and to prevent any potential overbuild.

• In late October four members of the Georgia Congressional delegation “sent a letter to FERC asking the commission to change the route of a 516-mile natural gas pipeline slated to run through impoverished communities in Georgia.” (Politico’s Morning Energy,  Oct. 27, 2015)

• On Nov. 18, 2015 Massachusetts Attorney General Maura Healey published a study which concluded that there is no need for increased gas capacity to meet the state’s electric reliability needs for at least 15 years to come.

• Also in Massachusetts, State Senate President Stanley Rosenberg wrote to FERC Chairman Norman Bay, writing that federal regulators “should consider the interest of the Massachusetts citizens in establishing an energy sector based substantially on reduced emissions and clean and renewable energy as an initial test for determining whether any proposed project is in the public interest.”

• And then there is President Obama, a big booster of fracking throughout his Presidency, not mentioning fracking or natural gas or all-of-the-above during his final State of the Union speech. When added to other developments over the past year, it is clear that the White House is at least having doubts about its strong support for fracking all these past years, a process which needs to deepen and accelerate this year.

There is more:

• On Jan. 14 a letter signed by 165 organizations was sent to Senators Sanders and Elizabeth Warren asking them, in their role as members of the Senate Committee on Energy and Natural Resources, to formally request a U.S. Government Accountability Office investigation of FERC. The groups said that “the request for an investigation notes that FERC is entirely funded by the industry it regulates, resulting in a demonstrable bias in favor of the energy industry’s agenda over community and environmental concerns.”

• At an early December Congressional hearing, “FERC Commissioner Tony Clark told members of Congress that … a recent increase in opposition to infrastructure projects under review by the Federal Energy Regulatory Commission threatens to further impede this development.

“FERC Chairman Norman Bay, fielding a question from an Energy and Power Subcommittee member, noted the increase in opposition to infrastructure projects, including protesters attempts to disrupt recent FERC meetings.

“‘I think at FERC we have clearly seen increased opposition to infrastructure. One of the things that has happened at FERC over the last, at this point it’s probably been 15 months or so, is that our open meetings have been interrupted by protesters who will suddenly stand up during our meeting and try to interfere with our meeting, so we are clearly seeing that,” Bay said. “Even in the field when we’re holding scoping hearings, it is not uncommon for the staff who do those hearings to report back that there seems to be a great deal of opposition in many communities to the construction of more infrastructure.”

• There are the beginnings of signs that all of this pressure may be causing small cracks in FERC’s rigid unwillingness to serve the public interest rather than the interests of the gas industry.

One example is something which happened in October. In an unprecedented move for FERC, they suggested that two proposed pipelines in a similar area in the northeast should combine together. As one long-time FERC observer wrote in an email, “Something seems to be happening behind the scenes because it was FERC which first raised the issue of combining them.”

• And just a few days ago as this is written, the EPA called upon FERC to “require applicants seeking approval under the Natural Gas Act to provide more information on a project’s indirect impacts, including potential increases in gas production and greenhouse gas (GHG) emissions. The EPA submitted comments on FERC’s Draft Guidance Manual for Environmental Report Preparation for Applications Filed Under the Natural Gas Act. FERC released a revised version of its guidance manual, which had not been updated since 2002, last month … The recommendation echoes calls from environmentalists for FERC to review cumulative regional impacts of the multiple transmission projects that have been proposed in response to the rapid growth of production from unconventional shale development.”

There is a growing wing of the climate movement that has been working over the last several years to prevent a build-out of fracked gas infrastructure, allied with widespread community opposition in localities where this infrastructure is proposed. Fracked gas pipelines, like all fossil fuel pipelines, are not popular. They lead to landowners being forced to deal with certain negative impacts if a pipeline would end up going through their land. They bring the threat of leakage of poisonous chemicals or explosions. Construction brings community and environmental disruption. That is why elected officials are speaking out, because they are hearing from voters who don’t like what the gas industry wants to force upon them.

The fracked gas industry, just like the coal, tar sands and fracked oil industries, is in deep debt and serious trouble. Part of this is due to wind and solar growing quickly as a percentage of new installed energy sources. It is also due to a huge drop in oil and gas prices, something which shows no sign of a rebound anytime soon. This is huge; it makes a rapid shift from fossil fuels to renewables and efficiency much more possible than it looked just a year ago. When all of the negatives about fracked gas lead to a realization on an even bigger scale that it is in no way a hopeful “bridge fuel” but a dangerous “bridge to climate catastrophe,” we can finally get very serious about that critically-needed shift right now.

With an infusion of energy, resources and people it is realistic, based upon all that exists at present and the way things are moving, to see some very real victories this year in the battle against FERC and new fracking infrastructure. It’s time for the climate movement to focus on FERC.

Ted Glick is a co-founder and one of the leaders of Beyond Extreme Energy. He has been a climate activist since 2003 and a progressive organizer since 1968. Past writings and other information can be found here and he can be followed on Twitter.

Riverkeepers ask top Dems to investigate FERC

http://www.burlingtoncountytimes.com/news/local/riverkeepers-ask-top-dems-to-investigate-ferc/article_0015f3f8-bbce-11e5-97e3-e36c55123548.html

“(FERC) has become a rogue agency that is blatantly biased towards the pipeline companies it purports to regulate,” the Riverkeepers’ Maya van Rossum wrote in the letter. “We ask you to please request a review of the FERC by the Government Accountability Office.”

The 11-page letter, co-signed by 164 other environmental organizations, levies a number of criticisms at the FERC. Primarily, the Riverkeepers say that the commission derives 100 percent of its budget revenues from fees collected from the industries it is tasked with regulating.

“The funding mechanism … has resulted in blatant bias in favor of pipeline companies and against the public, a skewed and high rate of pipeline approvals, and a low-level oversight,” van Rossum wrote.

Among the projects the commission is reviewing is the controversial PennEast pipeline, a 114-mile natural gas line proposed to run from eastern Pennsylvania across the Delaware River and through Hunterdon and Mercer counties.

In addition to PennEast, the commission is also reviewing Oklahoma-based Williams Transco’s proposal to build a compressor station off Route 528 in Chesterfield.

The station would connect the company’s existing Trenton-Woodbury natural gas pipeline to a 28-mile pipeline that another utility company, New Jersey Natural Gas, wants to build through Chesterfield, North Hanover, Joint Base McGuire-Dix-Lakehurst, and several towns in Monmouth and Ocean counties.

Both PennEast and the compressor project, called the Garden State Expansion, have drawn opposition from residents and local officials in the towns where the projects will be located and run through.

Environmental groups also object to the projects, arguing that the infrastructure supports hydraulic drilling, called fracking, and promotes dependence on fossil fuels that contribute to climate change.

The letter to Sanders and Warren also raises concerns about what the signers see as a “revolving door” of private industry leaders holding official posts within the FERC, skirting of legal rights to the public, and the use of eminent domain in cases where environmentalists don’t believe pipelines are beneficial to the public.

Firm hired to evaluate NED pipeline’s possible impact on Montague water

http://www.recorder.com/home/20521337-95/firm-hired-to-evaluate-ned-pipelines-possible-impact-on-montague-water

TURNERS FALLS — The Turners Falls Water Department has hired an environmental engineering firm to evaluate the impact of the proposed Northeast Energy Direct gas pipeline on the aquifer and municipal well protection area.

The department has hired hydrogeologist David Harwood from GeoInsight, an environmental consulting firm to review information supplied by the Tennessee Gas Pipeline Co., which plans to construct its pipeline through Montague and seven other Franklin County towns.

In comments filed Monday with the Federal Energy Regulatory Commission, department Superintendent Michael S. Brown said GeoInsight was hired to map the proposed project’s relation to the district’s municipal well protection area, evaluate and comment on work to be done and offer recommendations to safety of the aquifer.

According to Brown’s letter, the district has requested information from TGP about its plans for horizontal drilling, “specifically the lubricant used while drilling and pipe pulling. … Tennessee intends to drill vertical test wells on our property for additional exploration of subsurface conditions which may or may not change the pipe profile. Test well logs and final pipe profile is information our retained expert hydrologist needs to review in order to identify any potential problems. At this time, we have not received this information.”

Emphasizing that the district “is committed to providing a safe and reliable supply of high-quality drinking water to its customers (that) meets and often exceeds all state and federal standards” as well as ensuring conservation and protection of its water resources, the district called for “best management practices” to be maintained at all times in the sensitive area.

Montague officials learned about TGP’s plans to do horizontal drilling under Green Pond Road, two sets of railroad tracks and Route 63 in detailed plans filed with federal regulators last month. Plans show boring into the ground just east of where the pipeline would pass about 40 feet north of Green Pond and just west of Green Pond Road, with another entry-exit point about 300 feet east of Route 63. Those two points, with workspace designated around them, appear to be near the water district’s boundaries.

Constitution Pipeline builders want to start tree clearing before New York state environmental approvals

http://www.bizjournals.com/albany/news/2016/01/11/constitution-ipeline-builders-want-to-start-tree.html

The company behind a 124-mile pipeline to carry natural gas from the Marcellus Shale into New York wants to begin tree clearing this month.

The Constitution Pipeline is seeking federal regulatory approvals to start above-ground tree clearing. Getting a start on that clearing is key for the planned natural gas pipeline because the tree clearing can only be done during a short window so it does not interfere with bird migration patterns.

The Constitution Pipeline Co. filed with the Federal Energy Regulatory Commission, the agency that oversees cross-state pipelines, to begin limited tree clearing on Friday. The company wants to get the approval by Jan. 15 in order to start tree felling on Jan. 22 and complete it on March 31, according to public filings.


The project has not yet received approval from New York’s Department of Environmental Conservation. It received federal approval in December 2014.

Now, please read this plea from the Clean Air Council:

ALERT!  TREE CUTTING FOR

THE CONSTITUTION PIPELINE

MAY BE IMMINENT!

The Constitution Pipeline Company has asked permission

from the Federal Energy Regulatory Commission (FERC) to

START CUTTING TREES for its proposed fracked-gas pipeline,

which would rip through the heart of New York State.

If allowed, the pipeline company will soon cut more than

half a million trees in flood-prone central NY.

Please call Governor Cuomo 

And email Attorney General Schneiderman

EVERY DAY THIS WEEK! (Jan. 11-15)

 

  1. CALL CUOMO:877-235-6537 or 518-474-8390

TELL HIM TO… 

  • STOP CONSTITUTION PIPELINE FROM CUTTING TREES!
  • DON’T let FERC override his authority by pushing through a pipeline OUR STATE HAS NOT GIVEN PERMISSION TO BUILD!
  • STOP this proposed FRACKED-GAS PIPELINE once and for all by DENYING THE 401 WATER QUALITY CERTIFICATE!
  1. EMAIL SCHNEIDERMAN, CUOMO & SEGGOS (using the letter below)

To: eric.schneiderman@ag.ny.govnyag.consumerbureau@ag.ny.gov;

Cc: gov.cuomo@chamber.state.ny.usbasil.seggos@dec.ny.gov

Dear Attorney General Schneiderman,

On January 8th, the Constitution Pipeline company requested permission from the Federal Energy Regulatory Commission (FERC) to cut down trees, the first step in pipeline construction. This is prior to the NYS-DEC deciding whether or not to issue a 401 Water Quality Certificate for the project.

Constitution Pipeline’s request stands in violation of the federal Clean Water Act and FERC’s order dated December 2, 2014, both of which establish that such action is premature unless New York first issues a 401 Water Quality Certificate.

Information can be found at the following link: http://elibrary.FERC.gov/idmws/file_list.asp?accession_num=20160108-5125

As seen on page 5 of Appendix F in the aforementioned material, Constitution Pipeline improperly justifies its request based on dubious unconfirmed telephone conversations that the company claims to have had with federal and state agencies, including the NYS-DEC. No documented evidence of consent by DEC has been provided.

Unless the State of New York intervenes immediately in this matter, in just two weeks over half a million trees could be felled along a 124 mile corridor, doing irreparable harm to the ecological value of upstate New York, including a major swath of the northern Catskills.

I urge you to prevent this illegal action by immediately filing a motion objecting to Constitution Pipeline’s request for a partial notice to proceed.

Sincerely,

Name:

Address:

Sam Koplinka-Loehr

Shale Gas Organizer, Clean Air Council

135 S 19th St # 300

Philadelphia, PA 19103
(215) 567-4004 x. 115

http://www.cleanair.org/pipelines

Track record plagues Kinder Morgan in pipeline operations

http://onlineathens.com/local-news/2016-01-09/questionable-track-record-plagues-kinder-morgan-pipeline-posturing-operations

As residents in South Carolina, Georgia and northeast Florida join the debate over Kinder Morgan’s proposal to construct the 360-mile Palmetto Pipeline through their states, they may want to consider the company’s track record when it comes to promoting its pipeline plans in other states.

Its most recent misstep comes as it is proposing a similar pipeline, called the Northeast Energy Direct (NED) natural gas pipeline, which would run through several Northeastern states.

This month, the town of Nassau, N.Y., located 15 miles southeast of Albany, is preparing to investigate allegations of misconduct by individuals affiliated with the proposed pipeline and the impact on local properties, including town land and rights-of-way.

According to Nassau Town Supervisor David Fleming, residents have complained about alleged trespassing by pipeline representatives. Residents have said that company employees passed themselves off as working for the town and have identified themselves as members of law enforcement, Fleming said.

“Nassau is seriously concerned about the potential impacts on town property and our roadways from the construction of this pipeline and more so since this private corporation may be attempting to utilize public property without advance disclosure or consent,” Fleming told a reporter with the Times Union in Albany.

In Pittsfield, Mass., another city that would be impacted by the pipeline, physician Joseph L. Pfeifer was supported by more than 20 other physicians in an opinion piece published in the Berkshire Eagle in September which raised health concerns and challenged a “disingenuous attempt” by Kinder-Morgan to cast the NED pipeline in a favorable light.

“The mantra of Kinder-Morgan, heard on radio, TV and in print is ‘we have safely provided gas to New England for 60 years,’ Pfeifer wrote. “Since Kinder-Morgan was founded in 1997 by Richard Kinder, [a former] COO of Enron, it appears it is employing a form of revisionist history. Its contention, in reference to the Tennessee Gas Pipeline, which it acquired in 2012, is patently misleading.”

In challenging its contention that the company has “safely provided gas” to the region, Pfeifer pointed out that Kinder Morgan has been cited by the U.S. Pipeline and Hazardous Materials Safety Administration for many “safety violations: failing to maintain update maps showing pipeline locations, failing to test pipeline safety devices, failing to maintain proper firefighting equipment, failing to inspect its pipelines as required, and failing to adequately monitor pipes’ corrosion levels.”

Pfeifer added that the company’s “declarations of adherence to environmental health and safety standards are also misleading,” noting that the proposed NED will carry “carcinogenic hydraulic fracturing chemicals, such as benzene, toluene and formaldehyde, along with methane.

“At the very least, these chemicals will gain access to the environment during compressor operations called blowdowns, which release large volumes of pipeline contents when lines are depressurized for maintenance and in emergencies,” Pfeifer wrote.

Finally, Pfeifer challenged Kinder Morgan’s contention that there is “insufficient gas to meet demand,”

“U.S. gas supplies are at maximum capacity and prices are at historic lows,” Pfeifer said. Beyond the company’s statements in promoting its pipeline projects, the media has reported on unsavory practices by the company – some aimed at its own customers – that have resulted in heavy fines over the last decade.

In 2003 a Kinder Morgan affiliate, Kinder Morgan Bulk Terminals, Inc., caused the equivalent of several rail cars (about 160 metric tons) of potassium chloride to be dumped into the Pacific Ocean. According to the facts stipulated by the parties in the resulting criminal prosecution, one of the terminal operator’s supervisors paid a master of a vessel at the port $1,250 to dump the waste at sea. This avoided a cost of $80,000 to properly dispose of the material at a landfill. The affiliate pled guilty to a criminal violation of the Ocean Dumping Act and paid a $240,000 fine.

Prior to this incident, an FBI investigation conducted between 1997 and 2001 found that Kinder Morgan entities were systemically defrauding their own customers – including the Tennessee Valley Authority – by using two different methods in weighing coal provided to customers from one of its operations in Illinois. Operators at its Cora Terminal used certified scales to weigh incoming coal transported by rail cars, then weighed coal going to its customers using a barge draft method – which typically recorded weights two to three percent higher – then sold the excess coal as its own.

The same FBI investigation also found that the Kinder Morgan Entities simply took coal from customer stockpiles it stored at a terminal in Kentucky.

As a result of this FBI investigation in the two states, the company agreed to pay a $25 million settlement to the U.S. Government in 2007.

Also in 2007, another affiliate, Kinder Morgan Transmix Co., entered into a Consent Agreement in which the EPA alleged that the affiliate illegally mixed an industrial solvent, hazardous waste called a ‘‘cyclohexane mixture,’’ into unleaded gasoline and diesel. The EPA charged that Kinder Morgan then distributed about 8 million gallons of the contaminated fuel, which caused vehicles to break down by clogging their fuel filters. As part of the Consent Agreement, the Kinder Morgan affiliate agreed to pay a civil fine of $600,000 in response to the EPA allegations of violations of the Clean Air Act and the Resource Conservation and Recovery Act.

And just five years ago, the U.S. Department of Justice discovered that yet another Kinder Morgan affiliate, Kinder Morgan Port Manatee Terminal LLC, had been less than honest on its Clean Air Act permit applications to the federal government with respect to a terminal at Port Manatee, Fla.

According to information released from the U.S. Attorney’s office in the middle district of Florida, the company repeatedly stated to the Florida Department of Environmental Protection in permit applications that it would control its pollution, even though the company knew that its pollution control equipment was not even being used or properly maintained. Kinder Morgan was fined $1 million for the Clean Air Act criminal violations.

Kinder Morgan’s aforementioned history of alleged missteps seems to explain why many residents have voiced passionate warnings against acceptance of any repersentations of the company without significant skeptisim – no matter which side they’re supporting on this issue.

If you want to know why we won’t give up the fight, read this article

The People Win Over Shell in Fracking Water Withdrawal Case

http://ecowatch.com/2016/01/07/people-win-over-shell/

In a unanimous New Year’s Eve ruling, the Appellate Division, Fourth Department, in Rochester ruled against the Painted Post water withdrawal project. That project, which supported hydraulic fracturing in Pennsylvania, sold up to one million gallons per day of municipal water from the drinking water aquifer that underlies this quartet of rivers to a Shell Oil subsidiary (SWEPI LP) for use in drilling and fracking operations in Tioga County, Pennsylvania.

Represented by Shell attorneys at every stage, the Village of Painted Post had classified the water, which was transported across the border by rail, as “surplus property” in an attempt to avoid an environmental review of impacts. Those sales are now halted via injunction.

In a case brought by People for a Healthy Environment—along with the Coalition to Protect New York, Sierra Club and five local residents—petitioners claimed the combined impacts of the project had not been considered, as is required under New York’s State Environmental Quality Review Act (SEQRA). The appellate court ultimately upheld their argument.

The EPA called fracking safe. Now its scientists disagree.

http://fuelfix.com/blog/2016/01/07/the-epa-called-fracking-safe-now-its-scientists-disagree/#2572101=0

A landmark study by the U.S. Environmental Protection Agency that concluded fracking causes no widespread harm to drinking water is coming under fire — this time, from the agency’s own science advisers.

The EPA’s preliminary findings released in June were seen as a vindication of the method used to unlock oil and gas from dense underground rock. A repudiation of the results could reignite the debate over the need for more regulation.

Members of the EPA Science Advisory Board, which reviews major studies by the agency, says the main conclusion — that there’s no evidence fracking has led to “widespread, systemic impacts on drinking water” — requires clarification, David Dzombak, a Carnegie Mellon University environmental engineering professor leading the review, said in an e-mail. The panel Dzombak heads will release its initial recommendations later this month.

“Major findings are ambiguous or are inconsistent with the observations/data presented in the body of the report,” the 31 scientists on the panel said in December, in a response to the study.

Why the Constitution, Kinder Morgan pipelines could face similar year-long delays

http://www.bizjournals.com/albany/news/2015/12/24/why-the-constitution-kinder-morgan-pipelines-could.html

The project has been waiting on permits from New York’s Department of Environmental Conservation since the agency held a series of public meetings last winter to gather input. If approvals don’t come through soon, Stockton said the pipeline could face a year-long delay because tree clearing must be completed before spring.

A long state approval process could also be ahead for a pipeline planned by Kinder Morgan (NYSE:KMI) from Pennsylvania to Massachusetts. That $5 billion pipeline, called the Northeast Energy Direct, would be operated by the energy infrastructure giant’s subsidiary Tennessee Gas Pipeline Company LLC.

Kinder Morgan filed for federal and New York state approvals in November and has been attempting to rally support in a publicity campaign.

Allen Fore, vice president of public affairs for the company, said the Northeast Energy Direct pipeline construction would face the same seasonal constraints as the Constitution project. The proposed timeline for that pipeline calls for regulatory approvals in late 2016 with an in-service date of winter 2018.

Natural gas pipeline opponents speak out in Vermont, Paris

http://www.wptz.com/news/natural-gas-pipeline-opponents-speak-out-in-vermont-paris/36881534

MONTPELIER, Vt. (NECN) —Opponents of extending the Vermont Gas natural gas pipeline to the Middlebury area expressed their displeasure with the project by speaking up on both sides of the Atlantic Ocean Wednesday.

Watch this story

During the hearing, activists held signs with a host of slogans aimed at communicating their deep concerns about the project. They remain skeptical of the project’s cost, who will foot the bill and of long-term impacts on the land from fossil fuel infrastructure.

Vermont Gas has said it will recover from ratepayers $134 million of the $154 million build-out costs, but opponents point out the construction costs have risen significantly since the project was announced.

“Vermonters are going to have to pay so these frackers can sell us a bunch of gas that’s no good for our long-term economy and no good for our climate,” said environmental activist Henry Harris.