Category Archives: Request for Rehearing

Petition: Demand Greater Scrutiny of the ACP and MVP


Earlier this month, Senator Tim Kaine called on the Federal Energy Regulatory Commission (FERC) to hold rehearings for the Atlantic Coast (ACP) and Mountain Valley (MVP) fracked-gas pipelines.

Show your support for Senator Kaine’s request and urge your Congressional representatives to do the same!

The ACP and MVP would be the largest emitters of greenhouse gases in the region with more than 95 million tons of GHG emissions per year. These pipelines would increase the threat of climate change and impose significant environmental damage to our mountains, streams and rivers.

We don’t need these pipelines to meet our energy needs. Companies like Dominion Energy have created the illusion of demand by selling the pipeline’s capacity to their own subsidiaries.

Sign the Sierra Club petition! Ask your representative to call on FERC for rehearings now!

Kaine Calls for FERC Rehearings on MVP and ACP


In a January 5, 2018 letter to FERC Chair Kevin McIntyre, Senator Tim Kaine requested that FERC grant rehearings on the Mountain Valley Pipeline and Atlantic Coast Pipeline petitions and asked for clarification on “tolling orders,” which some suggest are a way for FERC to freeze legal appeals while allowing construction to move forward.

Full text is below and a copy of the actual letter is here.

Dear Chairman McIntyre and Commissioners:

I request that FERC grant rehearings on the Mountain Valley Pipeline and Atlantic Coast Pipeline petitions.

The Commission approved the MVP and ACP on 2-1 votes when two of the five commissioner slots were vacant. The split decisions were most unusual – 98% of FERC orders in 2016 were unanimous. Given that the Commission now has a full complement of five members, there is a real concern about whether the divided rulings by a partial Commission fairly reflect the FERC position.

In addition, I would like to request fuller understanding of “tolling orders.” In many cases in which a request for rehearing is filed, FERC issues a tolling order to take more than the allotted 30 days to decide on the request, during which time legal options are frozen but construction may proceed. This suggests that even if an original FERC decision changes upon either rehearing or judicial order, it could be moot if the project is already built and any impacts already felt. I would like to know whether this is your interpretation as well, and if so, whether you believe this is consistent with the intent of the rehearing option.

To be clear, I do not endorse or oppose the views of these petitioners on the substantive merits of these projects. Having Congress vote on individual projects would inevitably lead to partisan decision-making, and it is appropriate that a technical agency consider projects according to a robust public input process, laid out in federal law. I appreciate your recent announcement that the Commission would revisit its 1999 standing policy on pipeline applications, in light of major changes to the U.S. energy economy since then. It is important for the public to have confidence in the integrity of FERC’s process. All I request is for every step of that process to be followed to the fullest extent of the law.

Thank you for your consideration.

Sincerely,

Tim Kaine

Press Release: Friends of Nelson Files with FERC to Stop ACP


Press Release, November 14, 2017: Friends of Nelson Files with FERC to Stop Atlantic Coast Pipeline

Contact: Joyce Burton (434-361-2328), Ernie Reed (434-971-1647)

Yesterday, Friends of Nelson filed a Request for Rehearing with the Federal Energy Regulatory Commission (FERC) on FERC’s decision to issue a Certificate of Convenience and Necessity for the Atlantic Coast Pipeline. The filing is on behalf of 63 property owners and citizens of Nelson County, and 4 community organizations.

Horizons Village Property Owners Association, Inc., Wintergreen Country Store Land Trust, and the Rockfish Valley Foundation are among the parties filing the Request.

“A Request for Rehearing is the next step we are taking legally to stop the Atlantic Coast Pipeline,” said Joyce Burton of Friends of Nelson. “We have done this for our friends and neighbors so that we can all preserve our ability to take further legal action against FERC for the crimes they are committing against Nelson County.”

Friends of Nelson also requested a Motion for Stay, which, if successful, would halt any progress on the project. “FERC may rule on the Request for Rehearing and the Stay, or it may choose not to,” Burton stated. “But no matter the outcome, this will open the door for further litigation.”

The Friends of Nelson filing asserts that FERC and Dominion have failed to provide sufficient analysis and information on the environmental, cultural, historical, economic and socio-economic impacts of the project in Nelson County. It also claims that FERC and Dominion have failed to demonstrate a need for the project, so should not be granted eminent domain powers.

Friends of Nelson is also party to a separate Request for Rehearing filed yesterday by Appalachian Mountain Advocates and Southern Environmental Law Center on behalf of 22 groups, including the Sierra Club, Dominion Pipeline Monitoring Coalition, Chesapeake Bay Foundation, Friends of Buckingham, Wild Virginia, Nelson Hilltop LLC, and Rockfish Valley Investments.

Request for Rehearing and Motion for Stay of FERC’s ACP Decision

Breaking news from the Allegheny-Blue Ridge Alliance (ABRA):

Late afternoon on November 13, 2017, a motion was filed with the Federal Energy Regulatory Commission (FERC) requesting a rehearing of the Commission’s order issuing a certificate for the Atlantic Coast Pipeline. The petition, filed on behalf of 22 organizations (including Friends of Nelson) and 10 individuals, requests that the Commission:

1. Grant Intervenors’ request for rehearing;

2. Grant Intervenors’ motion for a stay and immediately stay applicants and their contractors from taking any action authorized by the Certificate Order including, but not limited to, construction of the projects (including tree clearing) and any attempt to use the power of eminent domain pending final action on the request for rehearing;

3. Upon completion of the rehearing process, rescind the Certificate Order;

4. Grant Intervenors’ request for an evidentiary hearing concerning the market demand for the Atlantic Coast Pipeline;

5. Before making any new certificate ruling, conduct an analysis of whether the projects are required by the public convenience and necessity, as required under the NGA, that complies with the Commission’s Certificate Policy Statement;

6. Before making any new certificate ruling, conduct a NEPA analysis that addresses the direct, indirect, and cumulative impacts of the projects; provides a robust analysis of alternatives, including the existing infrastructure alternatives; and addresses the other NEPA-specific issues set forth in this request and Intervenors’ previous comments in these dockets.

7. Grant any and all other relief to which Intervenors are entitled.

A copy of the 210 page petition is available on the ABRA website, see https://www.abralliance.org/wp-content/uploads/2017/11/Petition_for_Rehearing_to_FERC_20171113.pdf.