Is Pipeline Opposition Delaying Appalachian Gas Price Recovery By
Prolonging the Negative Basis Differential? This and Other Pipeline Opposition
Issues\
The answer I think is YES. The Constitution Pipeline going
north from northeastern Pennsylvania through upstate New York to New England
initially had a planned in service date of early 2015. Now it appears it will
be late 2017 due to FERC delays regarding environmental impacts. These delays
were undoubtedly influenced by the significant public opposition to this and
virtually every other major pipeline project. It is no secret that
environmentalists are stepping up protests of pipelines with one goal being
getting them delayed. Basically, it is a pretty common environmentalist tactic.
When I heard CELDF lawyer and founder Thomas Linzey speak recently he stated
that their common approach to any project they were asked by the opposing
public (in actuality usually a small group of activists although it varies by
project) to try and stop usually involved finding some small technicality which
they could use not to stop the project but to delay it. Usually the
technicality could easily be addressed by the company promoting the project but
the delays could be significant. In an odd sort of way it reminded me of
terrorists or saboteurs blowing something up and calling it a victory.
Perhaps the issue that spurred more anti-pipeline activism
was the prominent opposition to the Keystone XL Pipeline but I really think
that was a different issue. For one it was set to deliver very large quantities
of foreign oil that would be harder to clean up if spilled (due to the bitumen)
– oil that is produced in a fairly carbon intensive process so the overall
carbon and environmental footprints of tar sands oil are significantly higher
than typical convention or unconventional shale oil. Proponents, like author Ezra
Levine could argue that it is “ethical oil” from a friendly country rather than
“conflict oil” from the Middle East and weighing all of these factors makes it
quite debatable.
For me personally, if these pipeline delays are delaying
Appalachian price recovery, they are delaying a return to drilling, which is
basically keeping me from being employed as most of my work is tied to drilling
wells. Taking away one’s livelihood is pretty personal one could say. Pipeline
in-service date delays mean for many of us, delays in getting our paychecks.
Modern pipelines are well built with long established safety
features and best practices. New methods of leak and corrosion detection offer
added protection. Older pipelines are generally safe but are of course more
vulnerable to problems. I have a pretty old 20” gas transportation pipeline
going through my property and it has never been a problem. It is not close
enough to any houses in the near vicinity to cause damage if there was an
explosion. There was an explosion on one of these old pipelines in the next
county to the north that did cause significant damage to a few houses and one
in West Virginia that damaged part of the Interstate so explosions do occur,
probably from small leaks that somehow get sparked. But generally speaking they
are rare and with better leak and corrosion detection and repair capabilities
they should become rarer.
One issue that emboldens anti-pipeline activists is that
some pipelines are destined to export gas and natural gas liquids. In
particular the Sunoco pipeline slated to take up to 450,000 Bbls per day of
propane and butane to Marcus Hook, PA, to be exported, is targeted as an unnecessary
pipeline by activists, and not worthy of eminent domain status. There may be a
reasonable argument there about eminent domain. The Obama administration has
been supportive of nat gas and NGL exports and there are geopolitical
advantages to LNG exports, particularly for European countries. Many of the pipeline
routes have been altered by FERC (Federal Energy Regulatory Commission who has
domain over interstate pieplines) and others and the pipeline companies have
been compliant with such changes but an issue with pipelines is that one or two
small landowner holdouts to an approved route can disrupt a major project
without proof that it would cause any lasting harm.
Meanwhile, those who want to make Philadelphia a regional
and international energy hub are calling for more pipelines. The recently
stated goal of a couple Philadelphia energy and business groups is to double
the amount of natural gas and natural gas liquids used every year in the
tri-state region of PA, Delaware, and New Jersey. Current usage is at 3BCF per
day. The newly available energy could supply factories that make direct use of
natural gas: fertilizer, aluminum, paper, and glass, for instance. One company
has plans for a new cogeneration nat gas power plant but has yet to secure gas
supply in order to move forward with the plant. That is one case, likely among
several others, where one could argue that opposition to pipelines is delaying
coal-to-gas switching and thus delaying guaranteed reductions in carbon
emissions, not to mention air pollutants and coal ash accumulations. While
so-called clean energy advocates are arguing for more solar and wind instead of
gas they are also aiding continued high carbon emissions by delaying gas
projects. Are they “climate criminals?”
Ground Zero for the pipeline wars is Pennsylvania and to a slightly
lesser extent Ohio and West Virginia. 90% of new natural gas production is
occurring in these areas and with newly identified vast supplies that is likely
to remain the case. Even so, many of the opposition is coming from other
states, particularly in the northeast where the anti-fracking contingency is
powerful and has been emboldened by success in banning fracking statewide in
New York and Vermont. Many projects have
been delayed and have had to postpone their estimated in-service dates.
The results of pipeline opposition are delays in gas
availability for many, including residents and businesses that would save
substantial amounts of money over fuel oil and electricity for heat. There are
delays in gas availability for power plants and industries too. These delays
prolong the Appalachian gas glut which hurts local gas producers and keeps them
from developing the needed carbon emissions reducing resource. CO2 reductions
are delayed. Natural gas industry recovery is delayed. Business health of
companies ancillary to the nat gas industry is delayed. Overall regional economic
improvements are delayed. Are these desirable? Are the specific concerns of
pipeline activists warranted enough to delay these processes? I would say in
most cases, no, although there may be legitimate issues here and there. Most of
these tactics have to do with politics: the so-called “democracy over
corporations” issue that pits local opposition (which can be the consensus but
not always) against state law and in the case of pipelines against federal law
as well. There is a strong component of NIMBYism as well. With the help of
dedicated environmental lawyers and many regional activist orgs these well-organized
activists have a pretty big support network with the stated goal of banning and
delaying industrial activity. These groups want public participation. They want
a voice in the process. That would not be an issue if they understood the
risks, the technologies, and the impact. In reality they don’t want participation,
they want more leverage to ban and delay. Little delays can become big delays
since in some places the provisions of the Endangered Species Act prohibit tree
cutting for six months – from April 1st to Nov 1st. This
tactic in combination with the delay in obtaining a state water quality permit
from the New York Department of Environmental Conservation (due to pressure
from anti-pipeline environmental groups) has resulted in a one year delay of
the Constitution Pipeline, putting the pipeline nearly 2.5 years behind
schedule. That is perhaps a victory for the environmentalists but such delays
are a defeat to those of us reliant on improving gas prices.
Some anti-pipeline activist calling for more public
participation, creation of a FERC public participation office (an idea from
1978), and funds set aside (get this) to pay successful public opposition
groups to pipelines (presumably for legal and other costs) through funds set
aside (citing a similar type fund in California). Speaking of money set aside,
the pipeline companies do set aside money for to fix any impact they would have
on roads and other local infrastructure (usually an overall improvement to the
area from previous to pipeline development). Pipelines also bring vast sums of
money to local communities in the form of ad valorum tax revenue. Some of this
is well into the hundreds of millions of dollars for larger projects. While stories
about someone having maple trees that produce syrup cut on their property for a
pipeline may make people sympathetic, if there was a previous pipeline
right-of-way on the property the owners should have already been aware of the
possibility. As a landowner having a significant size pipeline running through
my property I can say the environmental impact seems to be pretty minimal
overall, after the disruption of construction, of course. Hunters like to shoot deer along the pipeline since there is a little
open space to get a good shot. I am not a hunter nor do I allow it here and
find this a lazy way to do it. Pipeline right-of-ways actually make nice
walkways through wooded areas. While environmentalists might claim it fragments
the forest I think the widths (usually about 30 ft) are way too small to cause
any significant ecosystem fragmentation. The deer like to eat the grass and
greenery along the ROW.
As I contemplate re-entering the low wage, possibly minimum
wage job market after 24 years of experience in a professional capacity I can’t
help but wonder about the hatred of corporations so entrenched in these
opposition groups. This is playing out quite much in the current presidential
campaigns, particularly on the left. Corporations, I think, do bear some of the
blame for this: insane CEO pay, too much focus on short-term profits, poor
public relations, lax safety and environmental cultures, and lack of
preparedness for all contingencies are some of the issues. These issues should
be addressed. Some of them are being addressed. If they are addressed
satisfactorily then opposition to corporate activity will be weakened.
References:
Too Big to Fight: In PA Pipeline Wars, Landowners Lose Before Judge
Rules On Eminent Domain – by Candy Woodall and Colin Deppen, posted on Penn
Live, March 31, 2016
Philadelphia’s Shale Boosters Want More Pipelines – by Susan Phillips,
in State Impact (NPR), March 29, 2016
Pipelines: The New Battleground Over Fracking – by Susan Phillips, in
State Impact (NPR),
Massachusetts Attorney General Picks Up Fight Against Natural Gas Pipeline That
Would Serve Connecticut – by Clarence Fanto, in New Haven Register,
March 21, 2016
Fight Over Proposed Pipeline Continues, in Binghamton Home Page (Binghamtohomepage.com),
March 21, 2016
Constitution Pipeline Delayed Absent NY Permit – by Jon Campbell, at
pressconnects.com, March 2016
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