The mainline of the ACP has been cancelled, so the Supply Header has lost its purpose

From the Allegheny Blue Ridge Alliance, ABRA Update #285, July 24, 2020

ABRA members and all concerned citizens are urged to file comments request that Dominion Energy Transmission, Inc. (DETI) submitted to the Federal Energy Regulatory Commission (FERC) on July 10 for an extension of time of 1) one-year to address abandonment and restoration issues for the Atlantic Coast Pipeline, and 2) two-years to complete construction of the Supply Header Project (SHP). Most all the SHP is in West Virginia.

FERC has set a comment deadline of Monday, August 3. For details on how to comment, click here.

The major points that should be made in comments are:

>>> • The SHP time extension should be denied because it has not and cannot be justified in accordance with FERC standards. The project was proposed as being dependent upon the Atlantic Coast Pipeline (ACP). Dominion Energy clearly stated on the record that “the SHP does not have independent utility and would not be built without construction of the ACP.” If built, the SHP would be a pipeline to nowhere!

>>> • The extension request for the ACP to address abandonment and restoration activities along the project’s right-of-way should not be granted without a public comment period of at least 30-days. It is in the Commission’s interest to know the concerns that the public and affected landowners have about restoration activities and impacts on landowners’ rights in the future.

>>> • Landowners who entered into an easement agreement with Atlantic Coast Pipeline, LLC (Atlantic) should be provided an opportunity to be released from those agreements as a condition of FERC’s granting Atlantic its requested extension so that the landowners can once again utilize their land without the restrictions such agreements placed upon future use. The recommendation for such a remedy made in the July 17 filing by a group of conservation organizations (cited below) should be adopted by FERC.

RECOMMENDATION — “Require Atlantic to promptly contact all landowners where a right-of-way easement exists and inform them that:

(i) Atlantic will release the right-of-way easement within 90 days of a written request from an affected landowner,

(ii) Atlantic will provide the affected landowner with the proposed written release of the right-of-way easement,

(iii) Atlantic will pay the reasonable attorneys’ fees of the affected landowner in reviewing and negotiating changes to the proposed written release of the right-of-way easement, and

(iv) Atlantic will file the final, executed written release of the right-of-way easement in the land records of the appropriate jurisdiction. Atlantic has already committed that landowners will keep the easement compensation they have received.”

FERC’s agreement with this recommendation would be in keeping with the recently expressed interest by Chairman Chatterjee of the Commission being more response and sensitive to the interests and concerns of landowners who are affected by projects being considered by the Commission.

NOTE ADDED: The FERC electronic filing system is extremely difficult to use (obtuse), in which case the submission of hard copy by mail is suggested, sorry to say but necessary under these conditions. DGN

Subject: Supply Header Project (SHP), proposed natural gas pipeline in West Virginia (33.6 miles) and Pennsylvania (3.9 miles)

DOCKET NUMBERS … Atlantic Coast Pipeline, LLC Docket Nos. CP15-554-000, CP15-554-001, CP15-554-008 and Dominion Energy Transmission, Inc. CP15-555-000, CP15-555-006

FERC strongly encourages electronic filings of comments in lieu of paper using the “eFiling” link at www.ferc.gov.

In lieu of electronic filing, you may submit a paper copy. Submissions sent via the U.S. Postal Service must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, D.C. 20426.

Submissions sent via any other carrier must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Md. 20852.

The comment deadline on this project is 5:00 PM on August 3, 2020.

https://www.abralliance.org/wp-content/uploads/2020/07/FERC-notice-of-time-extension-request-for-SHP-and-ACP-7-17-20.pdf