Author Archives: Meredith

Ask the Forest Service to Deny a Right-of-Way Permit for the ACP Through Our National Forests

The Forest Service is accepting comments now to help them decide whether or not to issue a permit for environmental and cultural resource surveys to be conducted on the George Washington National Forest.  Acting Forest Supervisor, Job Timm has stated that “The information gathered from these surveys are necessary to make future decisions on whether or not to allow the construction and operation of the proposed pipeline on the George Washington National Forest” (News Leader, March 1, 2016).

The Forest Service should deny any request to survey in the national forests until such time that Dominion fulfills the Forest Service requests that:
1.  Dominion considers and analyzes an alternative that does not cross National Forest lands.
2.  Dominion can clearly articulate why the project cannot reasonably be accommodated off National Forest Service lands.

Comments are due by March 21, 2016.  You can submit comments to the Forest Service by email or by mail:

By Email:
comments-southern-georgewashington-jefferson@fs.fed.us

By Mail:
USDA Forest Service, Atlantic Coast Pipeline Survey Comments
5162 Valleypointe Parkway
Roanoke, VA  24019

Please take the time to make your comments today!

Wild Virginia also has provided an online petition to the Forest Service asking them to deny a right-of-way for the ACP through National Forest Lands.  Please sign this online petition so your voice will be heard.

Remember, both the Atlantic Coast Pipeline and the Mountain Valley Pipeline:

1.  Threaten rare species, fragment habitat, isolate populations and increase forest edge.

2.  Allow for the invasion of non-native species and disease

3.  Threaten water quality and fragile karst topography and degrade scenic and recreational values.

4.  Threaten Virginia communities and make our forests more desirable for natural gas drilling.

The US Forest Service should deny the right-of way permit through our national forests!  Please take the time to submit your comments to the Forest Service by March 21st.

Important Information for Landowners on the ACP Route

From Friends of Nelson:

Dominion has been making easement offers throughout the route, including in Nelson County, even to people who have denied permission to survey. These offers are NOT the last step before dragging landowners into court to take their property–Dominion cannot use eminent domain until and unless FERC grants them permission at the end of the regulatory process–still at least months away and never if we have anything to say about it! Perhaps Dominion wants to undermine our ability to claim denying survey demonstrates opposition. Perhaps they want to gain leverage with FERC and the courts to lock in their preferred route, a common industry tactic to preclude meaningful consideration of alternatives.

Property owners need to know that they are under no obligation whatsoever to sign these documents and that they can obtain legal counsel with no obligations by speaking to lawyers at Appalachian Mountain Advocates (Phone: 304-645-9006) or with no out-of-pocket costs by signing with an eminent domain attorney. See this document for eminent domain attorney contact info and other important information for landowners: http://friendsofnelson.com/…/08/Landowner-FAQ-August2015.pdf

PLEASE SHARE THIS INFORMATION TO HELP US REACH LANDOWNERS THROUGHOUT THE ROUTE!

Support HB 1118 and SB 614 by Writing Letters to Virginia Representatives

For the second year in a row, bills have been introduced in the VA House (HB 1118) and Senate (SB 614) to repeal VA 56-49.01, the “Survey Without Permission Statute” that allows pipeline companies to conduct surveys on the land of private property owners without their permission.

Please contact the legislators below and urge them to pass HB 1118 / SB 614.

Facts to share with legislators:

1. VA 56-49.01, which HB1118/SB614 repeals – deals ONLY with natural gas pipelines. See 56-49.01 here.
2. Repealing VA 56-49.01 will not affect surveying for other types of utilities.
3. VA 56-49.01 was enacted in 2004. It did not replace any other type of legislation that forced people to allow access. Gas pipelines WERE built in VA before 2004. Therefore, there IS a way to survey without forcing people.
4. Repealing 56-49.01 would provide an incentive, now wholly absent, to companies to propose only responsible, necessary projects that are in the public interest, and to treat property owners fairly.
5. The Federal Natural Gas Act grants companies the right to force people to allow survey, IF FERC grants the Certificate of Public Convenience and Necessity at the end of the regulatory process. A judge would determine the terms of access.
6. WV’s gas pipeline survey law only allows force if the pipeline is deemed in the public interest. 56-49.01 has no such clause.

WHO TO CONTACT:

Special subcommittee on Energy – Subcommittee of the House Commerce and Labor committee – Ask them to support HB 1118!

Del. Terry G. Kilgore (804) 698-1001 DelTKilgore@house.virginia.gov
Del. Kathy J. Byron (804) 698-1022 DelKByron@house.virginia.gov
Del. R. Lee Ware (804) 698-1065 DelLWare@house.virginia.gov
Del. Timothy D. Hugo (804) 698-1040 DelTHugo@house.virginia.gov
Del. Daniel W. Marshall, III (804) 698-1014 DelDMarshall@house.virginia.gov
Del. Benjamin L. Cline (804) 698-1024 DelBCline@house.virginia.gov
Del. Jackson H. Miller (804) 698-1050 DelJMiller@house.virginia.gov
Del. G. Manoli Loupassi (804) 698-1068 DelMLoupassi@house.virginia.gov
Del. Gregory D. Habeeb (804) 698-1008 DelGHabeeb@house.virginia.gov
Del. Ronald A. Villanueva (804) 698-1021 DelRVillanueva@house.virginia.gov
Del. Roslyn C. Tyler (804) 698-1075 DelRTyler@house.virginia.gov
Del. Lionell Spruill, Sr. (804) 698-1077 DelLSpruill@house.virginia.gov
Del. Mark L. Keam (804) 698-1035 DelMKeam@house.virginia.gov

Delegates’ emails for copying and pasting in a batch:

DelTKilgore@house.virginia.gov, DelKByron@house.virginia.gov, DelLWare@house.virginia.gov, DelTHugo@house.virginia.gov, DelDMarshall@house.virginia.gov, DelBCline@house.virginia.gov, DelJMiller@house.virginia.gov, DelMLoupassi@house.virginia.gov, DelGHabeeb@house.virginia.gov, DelRVillanueva@house.virginia.gov, DelRTyler@house.virginia.gov , DelLSpruill@house.virginia.gov, DelMKeam@house.virginia.gov

Senate Commerce and Labor Committee – Ask them to support SB 614!

Senator Frank Wagner (804) 698-7507 district07@senate.virginia.gov
Senator Richard Saslaw (804) 698-7535 district35@senate.virginia.gov
Senator Thomas Norment (804) 698-7503 district03@senate.virginia.gov
Senator Steven Newman (804) 698-7523 district23@senate.virginia.gov
Senator Mark Obenshain (804) 698-7526 district26@senate.virginia.gov
Senator Richard Stuart (804) 698-7528 district28@senate.virginia.gov
Senator William Stanley (804) 698-7520 district20@senate.virginia.gov
Senator Kenneth Alexander (804) 698-7505 district05@senate.virginia.gov
Senator John Cosgrove (804) 698-7514 district14@senate.virginia.gov
Senator Ben Chafin (804) 698-7538 district38@senate.virginia.gov
Senator Rosalyn Dance (804) 698-7516 district16@senate.virginia.gov
Senator Louise Lucas (804) 698-7518 district18@senate.virginia.gov
Senator Ryan McDougle (804) 698-7504 district04@senate.virginia.gov
Senator Richard Black (804) 698-7513 district13@senate.virginia.gov
Senator Glen Sturteyvant (804) 698-7510 district10@senate.virginia.gov

Senators’ emails for copying and pasting in a batch:

district07@senate.virginia.gov, district35@senate.virginia.gov, district03@senate.virginia.gov, district23@senate.virginia.gov, district26@senate.virginia.gov, district28@senate.virginia.gov, district20@senate.virginia.gov, district05@senate.virginia.gov, district14@senate.virginia.gov, district38@senate.virginia.gov, district16@senate.virginia.gov, district18@senate.virginia.gov, district04@senate.virginia.gov, district13@senate.virginia.gov, district10@senate.virginia.gov

Below is a sample letter that you can use when writing to these legislators.  Please remember that this is just a sample letter and that your own words and experience are the most important thing that you could share when writing to your representatives.  Please edit this letter to include your own thoughts and experiences!  Please also remember to include your mailing address when emailing these legislators so that they know that you are a resident of Virginia.

Sample Letter to Virginia Delegates and Senators in Support of HB 1118 / SB 614

Dear Virginia Representative,

I am writing to express my support for HB 1118 / SB 614 and to urge you to vote yes on this bill when it comes before the Committee on Commerce and Labor.

HB 1118 / SB 614 would repeal a 2004 provision (VA 56-49.01) that allows natural gas companies to enter a landowner’s property to conduct a survey without the landowner’s permission.

I strongly believe that Virginia law should support and uphold the rights of landowners, particularly those who find themselves in the potential path of natural gas infrastructure projects. The placement of natural gas infrastructure is an invasive and destructive process that infringes on the rights and land use of property owners, and whether the construction of such projects is in the public interest is questionable at best, given that such projects are proposed by private, profit-driven companies and have many negative environmental, cultural, public safety, and economic impacts. Until such projects are designated, through careful review, to be in the public interest, I believe that landowners should retain full property rights under the law, including the right to refuse trespassing on their property. Unfortunately, a 2004 provision of Virginia law (VA 56-49.01) currently allows natural gas companies to survey a landowner’s property without permission. I urge you to repeal this 2004 provision and support landowner rights by voting yes on HB 1118 / SB 614.

Please note that the enactment of HB 1118 / SB 614 would not impede the ability of other utilities to conduct surveys, nor would it preclude the construction of new natural gas pipelines in Virginia. HB 1118 / SB 614 would simply restore some private property rights to Virginia citizens and would ensure that a pipeline be demonstrated to be in the public interest before natural gas companies would be allowed to survey private property. VA 56-49.01, which HB 1118 / SB 614 repeals, deals only with natural gas pipelines (see 56-49.01 here); repealing VA 56-49.01 will not affect surveying for other types of utilities. VA 56-49.01 was enacted in 2004, and it did not replace any other type of legislation that could force people to allow access. Gas pipelines were built in Virginia before 2004; therefore, there is a way to survey without forcing people to do so via VA 56-49.01. Repealing 56-49.01 would provide an incentive, now wholly absent, to companies to propose only responsible, necessary projects that are in the public interest and to treat property owners fairly. The Federal Natural Gas Act grants companies the right to force people to allow survey if the Federal Energy Regulatory Commission (FERC) grants the Certificate of Public Convenience and Necessity at the end of the regulatory process. A judge would determine the terms of access. Please note that other states have ways of enforcing survey access that are dependent upon first determining whether pipeline projects are in the public interest. For example, West Virginia’s gas pipeline survey law only allows force if the pipeline is deemed in the public interest. VA 56-49.01 has no such clause. I believe that VA 56-49.01 should be repealed in order to better protect the interests of private property holders so that surveys can only be granted if pipeline projects are truly deemed to be in the public interest.

Citizens and local governments should have the right to determine and defend the character of their land and their communities, and rural communities should have the right to refuse industrial development that threatens their local economy. The placement of natural gas infrastructure is, unlike other utility projects that invoke eminent domain (such as electrical infrastructure or roads), a highly invasive and destructive process, with myriad negative impacts, including safety risks, environmental destruction, loss of property, and a decrease in property values. Construction of such pipeline projects should only take place after rigorous analysis and a proven demonstration of public need, and the interests of for-profit companies–even for such exploratory measures as surveying–should not trump that of individual citizens and local communities. Pipeline companies should not have access to private citizens’ property without first demonstrating that there is a documented, certified public need and interest for construction of a pipeline. Our laws in Virginia should protect the rights of private property owners, not those of large, for-profit corporations.

As a resident of Virginia, I urge you to support landowner rights by repealing the 2004 provision (VA 56-49.01) that allows natural gas companies to survey a landowner’s property without permission: please vote yes on HB 1118 / SB 614.

Sincerely,

[Your Name]

 

Urgent Action Needed: Write and Call the Members of the House Subcommittee on Energy and Power and Ask Them to Reform FERC

Tomorrow, December 1st, the House Subcommittee on Energy and Power will be holding a hearing regarding the oversight of the Federal Energy Regulatory Commission.  This is an excellent opportunity to call for the reform of FERC and for you to express to the House everything that you wish FERC could be and the many ways that it has failed you in the application process for the Atlantic Coast Pipeline.

The only witnesses to this hearing are FERC commissioners, and the subcommittee is staffed with traditional friends of the energy industry. They need to hear from you about your experiences with FERC and your vision for a FERC that works.

For talking points for your letter, please download and view this excellent fact sheet provided by the Sierra Club.

For a sample letter that you can copy, edit, and mail to members of the House Subcommittee on Energy and Power, please scroll to the end of this post.

Friends of Nelson is particularly encouraging individuals to email and call the following two people:

Here is the full list of members of the House Subcommittee on Energy and Power:

Republicans
Ed Whitfield (KY), Chairman
Pete Olson (TX), Vice Chairman
John Shimkus (IL)
Joseph R. Pitts (PA)
Bob Latta (OH)
Gregg Harper (MS)
David McKinley (WV)
Mike Pompeo (KS)
Adam Kinzinger (IL)
Morgan Griffith (VA)
Bill Johnson (OH)
Billy Long (MO)
Renee Ellmers (NC)
Bill Flores (TX)
Markwayne Mullin (OK)
Richard Hudson (NC)
Joe Barton (TX)
Fred Upton (MI) (Ex Officio)
Democrats
Bobby L. Rush (IL), Ranking Member
Jerry McNerney (CA)
Paul Tonko (NY)
Eliot L. Engel (NY)
Gene Green (TX)
Lois Capps (CA)
Michael F. Doyle (PA)
Kathy Castor (FL)
John Sarbanes (MD)
Peter Welch (VT)
John Yarmuth (KY)
David Loebsack (IA)
Frank Pallone, Jr. (NJ) (Ex Officio)

 

You can find each member’s Web site (and thus their contact form or email address) through the main Web site for the United States House of Representatives.

Sample Letter to the House Subcommittee on Energy and Power
RE: Oversight of the Federal Energy Regulatory Commission

Dear Member of the House Subcommittee on Energy and Power,

I am writing to express my concern about the current state of the Federal Energy Regulatory Commission (FERC) and to urge you to reform FERC’s structure and practices as you consider the issue of the oversight of FERC during your upcoming subcommittee hearing. As a citizen living in a community that has been targeted for the construction of a large transmission natural gas pipeline (the Atlantic Coast Pipeline), the application for which FERC is overseeing, I am particularly concerned by the lack of true opportunities for public comment and participation in the FERC’s utility project approval process; by FERC’s refusal to conduct programmatic environmental impact statements (PEIS) for projects in regions through which multiple gas pipelines have been proposed; by FERC’s refusal to weigh impacts of climate change when considering natural gas pipeline projects and the hindrance that these projects pose to investments in renewable energy; and by the independence or lack-thereof of FERC from the energy industry, given that FERC is paid for by fees from said industry and its members are former employees of that industry. I strongly urge you to reform FERC’s structure and approval processes, so that FERC’s processes will adequately weigh public interests and environmental impacts against the desires of the powerful energy industry.

Utility projects that are proposed and constructed in the name of the public good should be subjected to serious review, including programmatic environmental and cumulative impacts, with ample consideration of concerns and objections by the public. The current FERC process allows for little public input, and such input is not seriously taken into consideration when granting project approvals. In my home county of Nelson County, Virginia, when scoping meetings were set for the Atlantic Coast Pipeline, FERC allowed Atlantic Coast Pipeline LLC premium access to the scoping meeting by allowing the company and its supporters access to the meeting venue and registration for speaking slots before the time that was advertised to the public. When the members of the public were finally allowed to speak, the transcriptions of their testimonies that were recorded by the provided clerk were horribly garbled so as to be completely nonsensical. Such practices by FERC display its true lack of regard for the public and its concerns relating to energy infrastructure projects. Furthermore, although our state and federal representatives wrote to FERC expressing their concerns over these issues, the lack of oversight over FERC’s processes meant that nothing was done by FERC to rectify the situation. FERC did not schedule more scoping meetings, as requested by the public and our representatives, and nothing was done to fix the poor transcriptions. Given the fact that the current structure of FERC is such that the Commission is funded by the utility industry through fees and annual charges, it is not surprising that, in such an environment, the approval process is inherently biased toward industry and thus does not truly serve the public good.

Private, for-profit utility companies and an industry-funded Commission should not be able to determine whether a project is for public use, nor should they be able to use eminent domain to seize private property for such projects. Only the public and a government-funded, unbiased organization should have the right to determine whether a project is in the best interests of the public and thus merits the exercise of eminent domain. In today’s energy climate, in which the motives of energy companies and utilities are increasingly at odds with the wishes and best interests of the public, increased scrutiny, reform, and public determination are called for in the review and approval of utility projects.

Across the country, myriad projects for fracked natural gas pipelines and export projects have been submitted or will soon be submitted to FERC for approval. In Virginia alone, three large natural gas transmission lines have been proposed that would cross the Appalachian Mountains as they traverse the state. These projects are not in the best interest of the public: they will not provide the public with a supply of clean, sustainable energy, and they will have a negative impact on private and public lands, on local economies, and on the global climate. The impacts of these projects need to be weighed cumulatively, with consideration for whether there truly is a demand for this large supply of natural gas, whether investments in these projects will hinder more environmentally friendly forms of renewable energy, and the many negative environmental, economic, and cultural impacts of these multiple projects. Instead of conducting such rigorous programmatic and cumulative reviews, FERC has displayed an overwhelming tendency to simply approve projects and let market forces determine whether projects should be constructed. This policy displays a reckless disregard for natural resources, private property, public spaces, and the laws that protect them. Both locally and nationally, the public is clear in its desire for increased environmental stewardship of the land, water, and climate and for serious solutions to climate change. These citizens deserve a true voice in the FERC review and approval process, and they deserve a FERC that undertakes a wide, programmatic and scientific review of energy infrastructure projects. The public should be able to determine whether a utility project is truly in the best interests of their communities and their country, and they should be able to advocate for the interests of their land, their environment, and their communities.

As a resident of a community that has been targeted by the utility industry for the construction of a large-scale utility infrastructure project, I urge you to reform the FERC structure and approval process to allow for true public input; to remove the inherent industry bias in a Commission that is both funded by and staffed by the industry; and to create a thorough, programmatic, cumulative environmental review of projects submitted for approval by the Commission. In addition, I urge the House Subcommittee on Energy and Power to enact the following reforms: (1) that FERC be required to conduct Programmatic Environmental Impact Statements (PEIS), cumulative and comparative low-cost/low-impact analyses for all competing pipeline proposals; (2) the preservation of landowner rights and the exercise of consumer safeguards to prevent predatory practices under the Natural Gas Act; (3) that the Inspector General of the Department of Energy with the assistance of the Judiciary Committee immediately undertake an investigation of the independence and accountability of FERC and the agency’s present capability to ensure adequate pipeline application review; and, finally, (4) a moratorium on pipeline development until such an investigation is complete and FERC and its processes are appropriately restructured.

As a federal agency, FERC should reflect and work toward the needs of the country and of its citizens, not the needs of the private, for-profit fossil fuel industry. As it exists today, FERC fails mightily on this count: it is funded by and staffed by the energy industry, lets the market determine the feasibility of projects instead of conducting rigorous programmatic and cumulative reviews, and it largely ignores the input of the public. No utility project can truly be said to be in the public good if the public has no voice in determining the scope or approval of the project and if the project’s cumulative and regional environmental, economic, and cultural impacts are not reviewed. Please reform FERC’s structure and processes and ensure that energy infrastructure projects are truly approved and constructed in the name of the public good.

Sincerely,

[Your Name]

The Deadline for Registering as an Intervenor is October 23rd

The deadline for registering as an intervenor for the ACP is October 23rd, 2015 at 5:00 pm.

Friends of Nelson strongly encourages landowners on the route to register as intervenors. They also especially encourage anyone who may be materially affected by the ACP to register–for example, neighbors who could find themselves on the route due to adjustments or who are in the blast zone, community members who fear their well or spring may be impacted by nearby blasting or far away sediment pollution, and business owners who may face reduced revenues due to construction traffic or permanent losses for any reason.  Intervening is the only way to have the option of someday holding FERC accountable in court, whether you want to fight for yourself, your community, or the public at large.

Friends of Nelson will be holding a workshop on how to register as an intervenor on Wednesday, October 14th, at the Nelson Memorial Library:  stop by the library anytime between 2:00 and 7:00 p.m. for help with registering as an intervenor with FERC.

Wild Virginia has also released an excellent step-by-step guide on how to register as an intervenor with FERC.  To download the guide, click here.