Category Archives: FERC

Friends of Nelson Public Meeting: FERC into FREC Road Show


Sunday October 20, 2019 – The Nelson Center, gather at 5:30, meeting begins at 6:00. Ted Glick, from Beyond Extreme Energy (BXE), will be our featured speaker, and will show a short film followed by discussion. We’ll also have announcements and updates. This is a kid-friendly event, and there will be an art station run by BXE’s Maple Osterbrink.

Join activists from Beyond Extreme Energy (BXE) on their FERC Into FREC roadshow! BXE is traveling from the shalefields of Pennsylvania down through the path of the MVP and ACP pipelines in West Virginia and Virginia. BXE members will screen their short film “FERC Doesn’t Work” and hold a community discussion on the fight to turn the Federal Energy Regulatory Commission (FERC) into the Federal Renewable Energy Commission (FREC). FERC is the federal agency responsible for the regulation of all fossil fuel infrastructure and pipelines that cross state lines. As such FERC is a lynchpin in the nationwide movement against fossil fuels and for climate justice!

Ted Glick has been a progressive activist, organizer and writer since 1968. He has prioritized the climate crisis issue since 2004 and was one of the founders of Beyond Extreme Energy in 2014. Following retirement after nine years as the National Campaign Coordinator for the Chesapeake Climate Action Network, he has worked since as a volunteer with BXE and several local and state organizations in New Jersey fighting climate disruption and the expansion of new fossil fuel infrastructure. Since 2000 he has written a nationally-distributed Future Hope column of political, social and cultural commentary.

Maple Osterbrink has volunteered for peace, justice and earth conservation since the 1960’s. She “took the earth-conservation pledge as a young girl scout and has held to it.” She retired from several “almost-careers” to North Carolina and is helping out many organizations including BXE, APPPL, Workers’ Assembly and the Raging Grannies. She worked to preserve wetlands in New Hampshire in the mid-90’s as a town conservation commissioner. She is “sick of the corruption, theft and poisoning of democracy, peace, water, food and sustainability.” As an artist she will have mini-projects to do with children, or adults, during events.

SELC Responds to DC Circuit Questions About FERC Case

From Allegheny-Blue Ridge Alliance’s ABRA Update #246 for September 26, 2019:

The DC Circuit Court of Appeals has asked all of the parties involved in the legal cases challenging the certificate of public convenience issued for the Atlantic Coast Pipeline by the Federal Energy Regulatory Commission (FERC) to response to several questions prior to the scheduled argument of the case before the Court on October 16. In a September 13 Order, the Court noted that the Fourth Circuit Court of Appeals in the Cowpasture River Preservation Association v. Forest Service case, which has been appealed to the U.S. Supreme Court, may render the FERC case “unfit for review at this time” (depending upon the Supreme Court’s decision on whether to accept the Cowpasture case for review). Given that, the DC Circuit asked the parties to the FERC case to respond to the following questions:

  1. Whether an alternative route would allow the ACP to proceed on the same certificate of public convenience and necessity;
  2. Whether the prospects of building the pipeline using the same certificate are so speculative that these petitions are unripe (i.e., not ready for consideration) on either constitutional or prudential grounds; and
  3. Assuming that the petitions are unripe, whether the appropriate remedy is to dismiss the petitions or to hold them in abeyance.

The Southern Environmental Law Center, representing the Cowpasture River Preservation Association and other petitioners challenging the FERC certificate, responded to the questions in the Order in a September 20 filing with the Court. Joining in the filing were Appalachian Mountain Advocates, Chesapeake Bay Foundation and Christopher Johns, a counsel for several landowner petitioners. The SELC, et. al. filing argues that:

  • While an alternative route should require a new or amended certificate, FERC has not acknowledged the implications of the Fourth Circuit’s Cowpasture decision for the ACP project;
  • Conservation and landowner petitioners’ claims are ripe for review; and
  • If the Court finds the petitions unripe, the Court should vacate or stay FERC’s certificate for the ACP.

Pipe Coatings

In a letter to FERC,submitted as a Motion to Intervene on September 16, 2019, Bill Limpert discusses Dominion’s July 22 and August 23 reports to the Federal Energy Regulatory Commission (FERC). The Dominion reports were in response to FERC’s July 3 request for data regarding possible environmental and health impacts from the 3M Scotchkote Fusion Bonded Epoxy 6233 external pipe coating, and other pipe coating products used for the Atlantic Coast Pipeline.

Limpert says, “I believe Dominion’s reports significantly understate the risk to public health and the environment from this coating, and other products used on the exterior of the pipe. I believe the reports use questionable data, and questionable methodologies to arrive at unreliable conclusions, and therefore, do not adequately answer the FERC’s request for information, or the concerns raised by the Virginia Department of Health.”

Limpert then critiques Dominion’s July 22 report in detail, covering the lack of leaching studies, the impacts of degradation and the long-term health impacts.

He states, “The Dominion reports use questionable data and questionable methodologies to arrive at unreliable conclusions. They do not prove the pipeline coating is safe, or that there will be no negative health or environmental impacts from the coating and associated products used on the exterior of the pipes for the ACP. They do not reliably answer the questions presented in FERC’s request, nor the concerns of the Virginia Department of Health.”

Limpert’s critique of the July 22 report concludes with a list of recommendations for actions FERC should take, including additional study using valid data and methodology, consultation with federal agencies with expertise, advising the US Fish and Wildlife Service that a 3M Material Declaration states that UV degradation byproducts will be toxic to aquatic life, requiring ACP to conduct pre and post construction sampling for chemicals associated with this coating and other products used on the exterior of the pipes in drinking water wells and springs in the vicinity of the proposed pipeline, requiring ACP to provide a potable water source and fair compensation for drinking water sources that are contaminated by these products, and requiring that all pipes be immediately covered to prevent UV degradation material from becoming airborne.

Limpert also writes a detailed critique of Dominion’s August 23 report.

Read the full letter and the attachments to it here.

Filing to FERC on New Landslide Information

In their “Motion to Intervene (Out of Time) in Docket No CP15-554 Atlantic Coast Pipeline – Request to review new information and to issue a stop work order,” filed recently with the Federal Energy Regulatory Committee, Richard and Jill Averitt and other family members ask FERC to review the LIDAR work done by Dr. Anne Witt of the Virginia Department of Mines, Minerals and Energy. They call attention specifically to the slopes near their home that are part of the Atlantic Coast Pipeline path, and the disturbing results of an overlay of LIDAR data with the ACP route.

Read the Motion to Intervene here.

Read more about Dr. Witt’s LIDAR work and the heightened potential for landslides along the ACP route here and here.

FERC Asks Fish and Wildlife to Reconsider


On August 28, 2019, the Federal Energy Regulatory Commission (FERC) asked the U.S. Fish and Wildlife Service to “reinitiate consultation,” asking the Service to reconsider its earlier finding that the MVP would not significantly harm protected fish and bats along the route. The Fish and Wildlife Service has said it will comply.

The announcement came two weeks after environmental groups filed an August 12 challenge to the Fish and Wildlife Service’s 2017 opinion (see New Lawsuit Launched Against MVP). On August 15, three days after the challenge was filed, MVP said it was voluntarily suspending work on parts of the project where impacts to endangered species were in question. It is not yet clear whether any, some, or all work on the pipeline would now have to stop.

A statement from the Sierra Club, one of the plaintiffs in the August 12 challenge, said, “Because the project does not have a valid Biological Opinion and Incidental Take Statement, all work on the pipeline should halt until a new one is issued.”

Natalie Cox, director of communications for Mountain Valley Pipeline, attempted to give a positive spin to the FERC request, saying that the company had “received and reviewed the FERC’s letter and we are encouraged that the process is moving forward.”

Petition FERC to Stop Pipeline Construction

The Federal Energy Regulatory Commission (FERC), headed by a three-person voting body, has the power to shut down work for the Atlantic Coast and Mountain Valley Pipelines. With so many ongoing investigations and court cases proving that these projects shouldn’t be built in the first place, there is no excuse for construction to be allowed to continue. But FERC — with a troubling track record of rubber-stamping unnecessary fossil fuel projects — doesn’t do its job without public pressure. So it’s time to dial up that pressure. The Chesapeake Climate Action Network (CCAN) points out that FERC has issued stop-work orders for these two pipelines in the past, and could do so again. But only if we all continue to speak up.

Sign the CCAN petition! Tell FERC to issue stop-work orders for ACP and MVP immediately!