Further on Anti-Trust Questions about Dominion and ACP

Michael Hirrel has filed a new response to FERC on anti-trust questions.

In May 2016 lawyer Michael Hirrel, who retired last year from the Antitrust Division of the U.S. Department of Justice, asked the Federal Trade Commission to investigate “whether ACP’s project constitutes a prohibited monopolization by Dominion, Duke and Piedmont, under Section 2 of the Sherman Act, and an unfair method of competition, under Section 5 of the Federal Trade Commission Act.”  Hirrel’s original filing is here.

On June 23, 2016, the Virginia Chapter of the Sierra Club submitted a letter (with numerous attachments) to the Federal Trade Commission (FTC) detailing the harm to consumers and competition stemming from the role of Dominion Resources, LLC and Duke Energy as partners in the Atlantic Coast Pipeline (ACP). The letter says its purpose “is to support a complaint filed by attorney Michael Hirrel on May 12, 2016. Mr. Hirrel stated his concern that the activities of the utility investors in the proposed Atlantic Coast Pipeline violate Section 2 of the Sherman Act and Section 5 of the Federal Trade Commission Act. We believe Mr. Hirrel has identified potential antitrust violations that merit investigation by the FTC.”

Dominion filed an answer to Hirrel in August 2016.

New info: November 7, 2016, Hirrel filed a response to the response that ACP had made to his original filing. In it, he characterizes ACP’s filing as firing “a series of aimless scattershot arguments…The result (of which) is a lot of noise and no useful information.”