On October 27, 2020, the Federal Energy Regulatory Commission (FERC) asked Dominion Energy Transmission, Inc. (DETI), managing partner for the Atlantic Coast Pipeline (ACP) and Supply Header Project (SHP), to provide to FERC “a plan for disposition of ACP and SHP, including restoration activities.” Dominion was given 60 days from the date of the FERC letter to respond, which would be December 26, 2020.

On June 16, 2020, Dominion had filed with FERC a request for a two-year extension of its FERC certificate in order to complete the SHP, and in a separate filing on July 10 requested a one-year extension of its ACP certificate to implement abandonment of the ACP project areas that had been disturbed.

The FERC letter asks that Dominion’s plan include:

Discussion of the status of Atlantic’s/DETI’s consultation with landowners on matters pertaining to project disposition and restoration activities on their property, as applicable, including: a. preferences regarding treatment of pipeline segments that have already been installed (i.e., pipeline to be left in place or removed); b. preferences for removal of felled trees that have not been cleared; and c. preferences on how disturbed areas would be restored, depending on their land use type (e.g., forest, agricultural, etc.).

FERC has not yet granted the extension, but is asking Dominion to submit plans for the ACP restoration they intend to do.

However, FERC’s response does not address the question of easements at all. The Southern Environmental Law Center, along with many others who submitted comments to FERC on Dominion’s July 10 request, urged that the issue of landowner easements be included in the restoration plan. Further, FERC has not granted requests to solicit comments from landowners themselves regarding what restoration is needed on their lands. FERC Commissioner Richard Glick wrote recently: “When it comes to protecting landowner interests, we should look at what the Commission does, not what it says. With that in mind, today’s order tells you everything need to know about how much the Commission cares about landowners.”

An October 29 Virginia Mercury article, Federal regulators order Atlantic Coast Pipeline to provide a plan for project wind-down, restoration, says, “Asked about how Dominion intends to approach easements that remain in force and whether it plans to relinquish those easements, Dominion spokesperson Aaron Ruby said in an email the company ‘will work with each landowner whose property has been disturbed to develop a plan for the right of way on their property’ and will ‘evaluate each easement agreement on a case-by-case basis in consultation with each landowner. Our goal is to close out the project as efficiently as possible and with minimal environmental disturbance.'”