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Allegheny County to monitor air in drilling near airport - Pittsburgh Post-Gazette
by Duane 22 Jan '14

22 Jan '14

http://www.post-gazette.com/local/marcellusshale/2014/01/21/County-to-monit… Allegheny County to monitor air in drilling near airport By Don Hopey, Pittsburgh Post Gazette, January 20,2014 The first big Marcellus Shale gas development project in Allegheny County, on county-owned land near Pittsburgh International Airport, will get special air pollution monitoring attention from the Allegheny County Health Department before and after the drilling begins. The county announced Monday that it will soon begin air quality monitoring on more than 9,000 acres in Findlay where Consol Energy Inc. plans to drill 47 shale gas wells and construct 17 miles of gas collection lines and 12 miles of water supply lines. Allegheny County Executive Rich Fitzgerald, who has been a shale gas development supporter, requested the pre- and post-drilling monitoring after hearing the concerns of residents of the area and state Sen. Matt Smith, D-Mt. Lebanon, and state Rep. Mark Mustio, R-Moon. "We are extremely confident that our partner in this project, Consol Energy, will conduct the drilling and extraction in a safe and environmentally responsible manner," Mr. Fitzgerald said in a news release. "That being said, this is also the first project of this size in Allegheny County and we want to ensure that this is done in a health-conscious way." Mr. Fitzgerald said Mr. Smith recommended the monitoring plan and it is "a proactive way to ensure the air quality in the area of the project." Mr. Smith said he and Mr. Mustio want to make sure that the concerns of their constituents are addressed and energy exploration "is done in the most responsible way." The county, which signed a shale gas development lease with Consol a year ago, expects to receive an estimated $500 million over 20 years. Consol expects to extract "dry" natural gas, mostly methane, and so-called "wet" gases, which include butane and ethane compounds that are valuable in the plastics processing industry and bring higher prices. Kate O'Donovan, a spokeswoman for Consol, said the company wasn't aware of the county air monitoring plans. "It's something we'll have to look into," she said. According to the county, Consol will begin development of drilling pads, impoundments and pipelines in the second quarter of 2014, with drilling on the first two wells in July. "This project represents the first large-scale development of a wet gas field in Allegheny County," said Jim Thompson, the Health Department's deputy director of environmental health. "... we will conduct an air monitoring study in a community near to the project to make certain there are no unforeseen problems." Marcellus Shale gas drilling operations and gas compressor stations release tons of nitrogen oxides and volatile organic compounds into the air annually, although NOX emissions have declined in Pennsylvania due to the shutdown of several coal-burning power plants. According to the U.S. Environmental Protection Agency, even short-term exposure to nitrogen oxides can impair respiratory health, causing throat and lung inflammation and exacerbating asthma. It can also lead to higher concentrations of airborne particulate matter. Duane Nichols, Cell- 304-216-5535. www.FrackCheckWV.net

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Climate Change and You - Save the Date!
by Duane 19 Jan '14

19 Jan '14

> From: FRIENDS OF BLACKWATER <outreach(a)saveblackwater.org> > Date: January 18, 2014 > Subject: Climate Change and You - June 7th - Save the Date! > Reply-To: outreach(a)saveblackwater.org > > > > > In West Virginia's beautiful Allegheny Highlands, rising global temperatures are changing historic weather patterns. > > The sensitive ecosystems of iconic landscapes like the Blackwater Canyon and Canaan Valley, and rare species like "Ginny" the West Virginia flying squirrel squirrel, -- are at serious risk from climate change. > > On Saturday, June 7, 2014, Friends of Blackwater will host a day-long public conference at Blackwater Falls State Park Lodge, with expert speakers and discussion opportunities, on the impacts of climate change on the Highlands region. > > > Please mark June 7, 2014 in your calendar -- and click here for more conference information and to receive e-updates. We do not share your contact information. > > FOB Highlands Climate Change Impacts Project Leader > Tom Rodd > thomasrodd(a)hotmail.com > 304-265-0018 or 304-541-4494. > FOB Charleston Office 304-345-7663 > > > > FRIENDS OF BLACKWATER INC | 501 Elizabeth Street | Charleston | WV | 25311

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MVCAC -- Skytruth Alert: NRC Report: Unknown Material near Lakelynn, PA 2014-01-15
by Duane 17 Jan '14

17 Jan '14

> Subject: Skytruth Alert: NRC Report: Unknown Material near Lakelynn, PA 2014-01-15 > > http://alerts.skytruth.org/report/d5317d7d-f6c2-37c9-86fe-d55ba77bcc0e#c=st… > > Report Details > NRC Report ID: 1071256 > Incident Time: 2014-01-15 16:45:00 > Nearest City: Lakelynn, PA > Location: 585 HOPE HOLLOW RD > Incident Type: FIXED > Material: UNKNOWN MATERIAL > Medium Affected: AIR > Suspected Responsible Party: MARK WEST ENERGY/ WILLIAMS ENERGY > SkyTruth Analysis > Lat/Long: 39.751679, -79.876212 (Approximated from street_address) > Report Description > CALLER IS REPORTING A STRONG ODOR IN THE ATMOSPHERE. IT IS SUSPECTED THAT THE ODOR/ POTENTIAL RELEASE IS FROM THE COMPRESSOR STATION THAT IS ON SITE. > Monitor this location View Nearby Alerts >

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MonValley Clean Air Coalition: Prepare for January oil and gas hearings in PA
by Duane 07 Jan '14

07 Jan '14

To: MVCAC. I propose that the MVCAC prepare a statement for presentation at Washington, PA, on January 22nd. Marcellus gas operations are generating significant levels of hydrocarbons from leakage plus diesel exhausts affecting Brooke, Ohio, Marshall, Wetzel, Monongalia, and Preston counties in WV as well as the adjoining counties in PA. Air pollution does not observe State boundaries. Compressor stations are also generating NOx and other pollutants. The great concern is the continuing expansion of these activities. Duane Nichols, Cell- 304-216-5535. > From: Matt Walker <mwalker(a)cleanair.org> > Date: January 7, 2014 12:45:40 PM EST > To: duane330(a)aol.com > Subject: MonValley Clean Air Coalition: Sign-up for January oil and gas hearings > > View a web version of this email. > > > > > > REGISTER TO SPEAK! > > Dear MonValley Clean Air Coalition, > > The Department of Environmental Protection (DEP) and the Environmental Quality Board recently announced that a public comment period, including six public hearings, is open for the proposed revisions to oil and gas regulations. The regulations include a consideration of drilling impacts on public resources as well as standards related to managing drilling waste, waste water and fresh water impoundments, and requirements for finding and dealing with abandoned wells close to proposed well sites. > > REGISTER NOW TO SPEAK AT A DEP PUBLIC HEARING > > This is your chance to voice your opinion on these important environmental regulations through written comment or at public hearings in January. The first hearings are this week, but it’s not too late to register and speak. Please see the talking points below to get started. > > > How to Comment: > > To view documents on the proposed regulation, visit www.dep.state.pa.us and click the “Proposed Oil and Gas Regulations” button. > > You can submit comments to the Environmental Quality Board online using http://www.ahs.dep.pa.gov/RegComments > > You can also submit comments by e-mail to RegComments(a)pa.gov. > > The comment period ends on Feb. 12th 2014. > > * Clean Air Council will be sending out an action alert comment on Chapter 78 regulations in the coming weeks. > > > Other Ways to Register to Speak: > > Please see the list of public hearing locations and dates below and contact DEP at 717-787-4526 to sign up to speak at one of the hearings. Groups including Clean Air Council are also requesting additional hearing locations and a comment deadline extension to allow for more participation. > > The public hearings will begin at 6 pm at the following locations: > > Wyoming County > > Jan. 7, 2014, Tunkhannock High School Auditorium, 135 Tiger Drive, Tunkhannock, PA 18657 > > Chester County > > Jan. 9, 2014, West Chester University of Pennsylvania’s Sykes Student Union Theater, 110 West Rosedale Avenue, West Chester, PA 19383 > > Lycoming County > > Jan. 13, 2014, Pennsylvania College of Technology’s Klump Academic Center, One College Avenue, Williamsport, PA 17701 > > Crawford County > > Jan. 15, 2014, Meadville Area Senior High School Auditorium, 930 North Street, Meadville, PA 16335 > > Cumberland County > > Jan. 16, 2014, Good Hope Middle School Auditorium, 451 Skyport Road, Mechanicsburg, PA 17050 > > Washington County > > Jan. 22, 2014, Washington and Jefferson College’s Rossin Campus Center / Allen Ballroom, 60 South Lincoln Street, Washington, PA 15301 > > Indiana County > > Jan. 23, 2014, Indiana University of Pennsylvania’s Convention and Athletic Complex, 711 Pratt Drive, Indiana, PA 15705 > > > Public Hearing Talking Points drafted by a coalition of environmental organizations: > > Berks Gas Truth * Clean Water Action * Delaware Riverkeeper Network * Earthworks * Clean Air Council * Damascus Citizens for Sustainability, Inc * Sierra Club, Pennsylvania Chapter > > Proposed changes to Pennsylvania’s oil and gas regulations > > Key concerns and talking points > > In mid-December, the Department of Environmental Protection (DEP) issued proposed changes to the state’s oil and gas regulations, known as Chapter 78 of the Pennsylvania Code. Act 13, the oil and gas law passed in 2012, requires DEP to make these changes. They are also necessary because regulations for conventional drilling are outdated and inadequate given the large amount of land and water used and waste and pollution produced in shale gas development. > > Public participation is essential to making regulations stronger and more protective of air, water, and health! You have until February 12 to submit written comments or testify at hearings. You can use the analysis and talking points below (which cover key parts of the regulations) to prepare your comments. The regulations and public comment information are at: www.portal.state.pa.us/portal/server.pt/community/public_resources/20303/su… > > Please make sure to request that the comment period be extended to 120 days to allow sufficient time for public review and that DEP schedules additional hearings in locations with extensive gas development. > > 1. Pre-drill water testing and the restoration and replacement of contaminated water supplies (Sections 78.51 and 78.52). We learned through DEP’s determination letters that natural gas drilling operations have impacted at least 161 water supplies statewide. The natural gas industry has fought to have water restored to only pre-contamination conditions—even if it is not safe to drink. In addition, DEP leaves it up to the driller to decide when, where, and how to conduct water quality tests before drilling starts. DEP should require: > > Operators to restore contaminated drinking water to a quality that meets Safe Drinking Water Act standards, no matter what the quality of the water prior to drilling. If the quality of a water supply prior to drilling was above these standards, the operator must restore the water to that higher standard; otherwise, good water supplies will be degraded. > > All drillers to use a consistent list of parameters for pre-drill water testing, which DEP must establish before the proposed regulatory changes are adopted. The parameters should be as comprehensive as possible, but at a minimum match what DEP uses when it conducts full contamination investigations and to ensure that complete baseline data is available. > > All drillers make pre-drill data available to the public, while protecting individual homeowners’ privacy, through an online platform, which DEP must establish before the proposed regulatory changes are adopted. > > 2. Standards for frack pits and impoundments (Sections 78.56, 78.57, 78.58, and 78.59). Mounting violations and the potential for water and air pollution have already led some companies to transition away from pits and standardize the use of closed loop systems which utilize tanks to store wastewater. DEP should: > > Prohibit operators from using open pits for storage of regulated substances, including wastewater, drill cuttings, and substances (like gels and cement) that return to the surface after fracking. Many spills, leaks, and other problems involving pits have occurred statewide that contaminate water, soil and air. Waste should be stored only in closed systems. > > Prohibit the onsite processing of shale drill cuttings, which often contain hazardous substances and radioactive materials and require thorough analysis and special handling. > > Define “freshwater” that is used in oil & gas operations. Water leftover from fracking and contaminated fluids being recycled for fracking (such as from mining or sewage) is often mixed with clean water for additional operations. The lack of a clear definition allows operators to avoid regulations on the use and disposal of polluted substances. > > 3. Disposal of brine, drill cuttings, and residual waste (Sections 78.60, 78.61, 78.62, and 78.63, and 78.70) Operators currently escape the strict federal regulation of hazardous substances that other industries have to follow. Yet drilling and fracking generate large amounts of solid and liquid waste that can harm water supplies, air quality, land, health, and wildlife. Pennsylvania should apply U.S. Resource Recovery and Conservation Act standards to regulate all aspects of the storage, transport, and use of hazardous materials contained in pits, centralized impoundments, and tanks. In addition, DEP’s proposed Chapter 78 changes don’t address the risks posed by hazardous waste and do little to improve current regulations or ensure safe disposal. DEP should: > > Prohibit the burial or land application of drill cuttings, which can contain polluting and radioactive substances. DEP proposes different conditions for disposal of drill cuttings from above and below the well casing, but neither makes the practice safe. Cuttings from deep underground may contain more pollutants, but chemical additives and contaminated fluids are also found in drill cuttings from shallower areas. > > Prohibit the onsite burial of waste pits. Buried pits can leak and pollute groundwater over time, yet burial allows operators to walk away from any responsibility after completing operations. > > Prohibit the use of brine for dust suppression, de-icing, and road stabilization. Stormwater runoff carries brine into nearby waterways and wetlands. Not allowing the use of brine from shale gas wells is a positive step, but brine from conventional wells can also push salinity loads far above any naturally occurring conditions. > > Prohibit the land application of tophole water, pit water, fill, or dredged material. These substances can contain chemicals and sediments bound with pollutants that pose risks to water, air and soil. > > 4. Identification of orphaned and abandoned gas and oil wells (Section 78.52(a). This is an important change and should be supported. About 200,000 abandoned wells exist statewide. As drilling spreads and intensifies, so does the chance of accidents, blowouts, and pollution from the intersection of new wells with old ones. DEP should expand these changes and require operators to: > > Identify existing wells before site and well construction and drilling (not just fracking), so that the location of a new well can be changed if needed. > > Plug and seal or otherwise appropriately address abandoned and orphaned wells according to state safety standards prior to well site construction. The state lacks funding to address the large number of old wells, so drillers should be responsible for preventing pollution of adjacent water wells and air pollution from accidents when they occur. > > > > Thank you for helping to protect everyone's right to breathe clean air! > > > Matt Walker > Community Outreach Director > Clean Air Council > > >

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Attend a January Hearing on Penna. Oil and Gas Regs
by Duane 03 Jan '14

03 Jan '14

> From: Matt Walker <mwalker(a)cleanair.org> > Date: January 3, 2014 > Subject: Attend a January Hearing on Penna. Oil and Gas Regs > > > > The Department of Environmental Protection (DEP) and the Environmental Quality Board recently announced that a public comment period is open for the long-awaited proposed revisions to oil and gas regulations that include performance standards for oil and gas activities. The regulation include a consideration of drilling impacts on public resources as well as standards related to managing drilling waste, restoring drilling sites and gathering pipeline construction, and requirements for finding and dealing with abandoned wells close to proposed well sites. > > This is your chance to voice your opinion on these important environmental regulations through written comment or at public hearings in January. Clean Air Council will be sending additional information in the coming weeks, but right now it’s important to get out to one of the public hearings if you can. > > > How to comment > > To view documents on the proposed regulation, visit www.dep.state.pa.us and click the “Proposed Oil and Gas Regulations” button. > > You can submit comments to the Environmental Quality Board online using http://www.ahs.dep.pa.gov/RegComments > > You can also submit comments by e-mail to RegComments(a)pa.gov. > > The comment period ends on Feb. 12th 2014. > > > How to speak at a hearing > > Please see the list of public hearing locations and dates below and contact DEP at 717-787-4526 to sign up to speak at one of the hearings. Groups including Clean Air Council are also requesting additional hearing locations and a comment deadline extension to allow for more participation. > > The public hearings will begin at 6 pm at the following locations: > > Wyoming County > > Jan. 7, 2014, Tunkhannock High School Auditorium, 135 Tiger Drive, Tunkhannock, PA 18657 > > Chester County > > Jan. 9, 2014, West Chester University of Pennsylvania’s Sykes Student Union Theater, 110 West Rosedale Avenue, West Chester, PA 19383 > > Lycoming County > > Jan. 13, 2014, Pennsylvania College of Technology’s Klump Academic Center, One College Avenue, Williamsport, PA 17701 > > Crawford County > > Jan. 15, 2014, Meadville Area Senior High School Auditorium, 930 North Street, Meadville, PA 16335 > > Cumberland County > > Jan. 16, 2014, Good Hope Middle School Auditorium, 451 Skyport Road, Mechanicsburg, PA 17050 > > Washington County > > Jan. 22, 2014, Washington and Jefferson College’s Rossin Campus Center / Allen Ballroom, 60 South Lincoln Street, Washington, PA 15301 > > Indiana County > > Jan. 23, 2014, Indiana University of Pennsylvania’s Convention and Athletic Complex, 711 Pratt Drive, Indiana, PA 15705 > > > > Thank you for helping to protect everyone's right to breathe clean air! > > > Matt Walker > Community Outreach Director > Clean Air Council > > > > > >>>>>>>>>>>>>>>>>>>>>>>>>>>>> ..................... <<<<<<<<<<<<<<<<<<<<<<<<< Attend a January Hearing on Oil and Gas Regs The Department of Environmental Protection (DEP) and the Environmental Quality Board recently announced that a public comment period is open for the long-awaited proposed revisions to oil and gas regulations that include performance standards for oil and gas activities. The regulation include a consideration of drilling impacts on public resources as well as standards related to managing drilling waste, restoring drilling sites and gathering pipeline construction, and requirements for finding and dealing with abandoned wells close to proposed well sites. How to comment: To view documents on the proposed regulation, visit www.dep.state.pa.us and click the “Proposed Oil and Gas Regulations” button. This is your chance to voice your opinion on these important environmental regulations through written comment or at public hearings in January. Clean Air Council will be sending additional information in the coming weeks, but right now it’s important to get out to one of the public hearings if you can. You can submit comments to the Environmental Quality Board online using http://www.ahs.dep.pa.gov/RegComments You can also submit comments by e-mail to: RegComments(a)pa.gov. How to speak at a hearing Please see the list of public hearing locations and dates below and contact DEP at 717-787-4526 to sign up to speak at one of the hearings. Groups including Clean Air Council are also requesting additional hearing locations and a comment deadline extension to allow for more participation. The comment period ends on Feb. 12th 2014. The public hearings will begin at 6 pm at the following locations: Wyoming County Jan. 7, 2014, Tunkhannock High School Auditorium, 135 Tiger Drive, Tunkhannock, PA 18657 Chester County Jan. 9, 2014, West Chester University of Pennsylvania’s Sykes Student Union Theater, 110 West Rosedale Avenue, West Chester, PA 19383 Lycoming County Jan. 13, 2014, Pennsylvania College of Technology’s Klump Academic Center, One College Avenue, Williamsport, PA 17701 Crawford County Jan. 15, 2014, Meadville Area Senior High School Auditorium, 930 North Street, Meadville, PA 16335 Cumberland County Jan. 16, 2014, Good Hope Middle School Auditorium, 451 Skyport Road, Mechanicsburg, PA 17050 Washington County Jan. 22, 2014, Washington and Jefferson College’s Rossin Campus Center / Allen Ballroom, 60 South Lincoln Street, Washington, PA 15301 Indiana County Jan. 23, 2014, Indiana University of Pennsylvania’s Convention and Athletic Complex, 711 Pratt Drive, Indiana, PA 15705 Thank you for helping to protect everyone's right to breathe clean air! Matt Walker, Community Outreach Director, Clean Air Council

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UPDATE: Longview Power Chapter 11 Bankruptcy
by Duane 30 Dec '13

30 Dec '13

UPDATE: Longview liens still unresolved Creditors tell judge sides at an impasse BY ALEX LANG, The Dominion Post, December 30, 2013 The companies with hundreds of millions in mechanic’s liens on Longview Power plant told a judge the two sides disagree on how to proceed in resolving the issue. Longview Power LLC filed for Chapter 11 bankruptcy earlier this year in the U.S. Bankruptcy Court for the District of Delaware. In 2007, Longview Power entered into agreement with Siemens Energy Inc., Foster Wheeler North America Corp. and Kvaerner North America Construction Inc. to build the 700-megawatt power plant in Maidsville. According to previous court filings, Siemens and Kvaerner had filed mechanic’s liens against the property totaling roughly $335 million. According to the West Virginia state code, a contractor who “erects, builds, constructs, alters, removes or repairs any building or other structure,” under a contract with the owner can file a lien against the structure if the owner doesn’t pay for the work. This is known as a mechanic’s lien. Longview had asked a judge to reduce the amount of the liens, saying that some didn’t qualify or part is an unsecured debt. In a letter to the judge last week, the contractors noted that on Dec. 23, the two sides met to discuss the issue. It was during that meeting the two groups discovered they “fundamentally disagree” about the appropriate method to proceed regarding a request to eliminate the Kvaerner and Siemens claims. Now, the contractors plan to file their response to the request by Jan. 10. The filing will include the issue that must be decided and how making a decision in the timeframe proposed by Longview is not possible. Longview and a group of creditors have refused to agree to a reply date other than their own proposed January 31st deadline, according to the letter. Duane Nichols See also: http://www.donlinrecano.com/Clients/li/Index

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Note from Cindy O'Brien
by Duane 18 Dec '13

18 Dec '13

I was at the Bookshelf this afternoon and Jim told me they will be closing around New Year's day. The rent is beyond his means and he doesn't have other locations that woud be viable that he can afford. "We need a rich person who will buy the old Save a Lot in Westover to convert into a large bookstore and cafe!" he suggested. He bought a lottery ticket for the multimillion jackpot...did you? in any case, go buy some books since all the books, even new ones, are 50% off! Then think how we might find a way to keep an independent book store in Morgantown! ....... .......... ........Cindy O'Brien Duane Nichols, Cell- 304-216-5535. www.FrackCheckWV.net

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Fwd: DEP News - DEP Energy Tree on display through Jan. 6
by Duane 04 Dec '13

04 Dec '13

> From: <dep.online(a)wv.gov> > Date: December 3, 2013 3:05:17 PM EST > To: <duane330(a)aol.com> > Subject: DEP News - DEP Energy Tree on display through Jan. 6, 2014 > ========================== > Tuesday, December 3, 2013 @ 3:03 PM > =========================== > > Considering new lights for your tree this holiday season? > If you are, or you’re just curious about LED (light- > emitting diodes) lights, stop by the West Virginia > Department of Environmental Protection’s (DEP) headquarters > from 6 to 9 p.m., on Friday, Dec. 6, for the kickoff of the > agency’s newest outreach display, the DEP Energy Tree. > > The display will allow you to provide the power, via hand > crank, to light up a traditional 100-bulb incandescent tree > and then an 800-plus light, 35-foot LED tree, draped to the > side of the DEP building. By turning the crank and feeling > resistance, you’ll better understand the different amount > of electricity it takes to illuminate the incandescent > tree, versus the more energy-efficient LED tree. > > DEP staff will be on hand to answer questions and pass out > refreshments. A special visitor will be with us, as well, > so bring the kids and your camera! > > LED lights use 90 percent less electricity than traditional > incandescent lights and last up to 50,000 hours. Less > energy use equals less pollution. Other advantages of LED > holiday lights include: > > • The ability to connect up to 43 premium strands, compared > to five premium strands of incandescent lights; > • Since their color is in the diode and plastic, the lights > will never fade, chip or peel like traditional lights can; > • Because LEDs operate at lower temperatures, they reduce > fire risk indoors and out; and, > • While LED holiday lighting can be more expensive > initially than traditional incandescent string lighting, > LED lights will pay for themselves in a few seasons in > terms of durability and lower power costs. > > The LED display will be on the front of the DEP > headquarters building, located at 601 57th St., S.E., > Charleston, across from The Shoppes at Kanawha, and will be > available from 6 to 9 p.m. every evening through Jan. 6, > 2014. > > > =========================================== > >

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Skytruth Alert: NRC Report: Unknown Material near Smithfield, PA 2013-11-16
by Duane 17 Nov '13

17 Nov '13

http://alerts.skytruth.org/report/4e495427-7016-3c5d-ae61-725cc43be0b0#c=st… CALLER IS REPORTING A RELEASE OF MATERIAL FROM A GAS WELL AND BRINE TANK. CALLER STATED YOU CAN SEE THE MIST AND SOLIDS IN THE AIR (WHITE/YELLOW IN COLOR), AND IT'S CAUSING HEALTH RELATED ISSUES WITH LOCAL RESIDENTS. CALLER REPORTED THAT THIS RELEASE OCCURS REGULARLY, APPROXIMATELY EVERY WEEK ON THE WEEKEND. Duane Nichols, Cell- 304-216-5535. www.FrackCheckWV.net

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<MVCAC> Longview Power proposes debt recovery plan to bankruptcy court
by Duane330＠aol.com 14 Nov '13

14 Nov '13

Longview Power Files Chapter 11 Debt Restructuring Plan Article by Peg Brickley, Dow Jones Business News (NASDAQ), November 13, 2013 Longview Power LLC is proposing to get out of bankruptcy by way of a Chapter 11 plan that drops $1 billion in debt from its balance sheet and provides money to cover the cost of fixing the problem-plagued plant. Outlined in papers Wednesday in the U.S. Bankruptcy Court in Wilmington, Del., Longview's restructuring proposal has the support of senior lenders who have agreed to swap some of their debt for equity in a reorganized company. Some of them have signed up to provide a $150 million loan to fund Longview's exit from Chapter 11, as well as fix the plant and keep it running, saving some 650 jobs in the process. The new loan and the Chapter 11 plan marks a way out for Longview not just from bankruptcy but from a looming cash crunch. With some $58 million worth of letter of credit borrowing power locked up in a dispute with contractors, and a plant running at partial capacity, Longview has warned of possible irreparable harm if the financing does not go through. The company is pushing for a Feb. 10, 2014, confirmation hearing on the Chapter 11 exit plan. Terms of the turnaround financing call for Longview to emerge from bankruptcy in early March. Built at a cost of more than $2 billion, Longview was launched with $1 billion from First Reserve Corp., a $23 billion energy-focused private equity firm in Greenwich, Conn., and with loans. Construction delays and technical trouble after the launch ate into the plant's revenue and ultimately led to the Aug. 30 bankruptcy filing. Revenue for the year ended June 30, 2013, was about $255 million, with more money coming from coal mining, processing, waste disposal and sales than from the sale of electricity from the coal-fired plant. While the lender-backed plan represents a successful ending to long negotiations with lenders, talks that preceded the Chapter 11 filing, a critical hot spot in Longview's financial picture remains. Fights with contractors over who is to blame for defects in the plant must be addressed in a compressed time frame, for Longview's plan to work out. The restructuring plan provides for no recovery on $360 million worth of mechanics liens asserted by unhappy contractors, subsidiaries of Norwegian construction company Kvaerner ASA; Siemens Energy Inc., a unit of Siemens AG; and German engineering firm Foster Wheeler AG. Attorneys for the contractors, who have been battling Longview and each other, couldn't immediately be reached Wednesday to discuss their clients' position on the Chapter 11 plan. Court papers say it is a condition of the Chapter 11 plan that Longview erase the mechanics liens claims or have them ruled to be junior in payment priority to the bank loans. The condition can be waived if Longview gets an answer on what those liens are worth that it is willing to pay, according to the plan papers. In other words, Longview's lenders want a determination on the contractor liens, and have reserved the right to walk away if the price of dealing with the liens is too high. An arbitration proceeding that was in full swing before it was blocked by the bankruptcy filing will take too long to wind up, Longview contends. It is asking the bankruptcy court to weigh the value of the contractor mechanics liens in an "estimation proceeding" instead of waiting for the answer to emerge from the arbitration. Source: http://www.nasdaq.com/article/longview-power-files-chapter-11-debt-restruct…

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