DPMC Objects to ‘One-Size-Fits-All Approach’ to Regulating Utility Projects
The Dominion Pipeline Monitoring Coalition (DPMC) has filed objections with the Virginia
Department of Environmental Quality (DEQ) regarding the agency’s proposal to issue a “Water Quality
Certification” (WQC) that would give free rein to build utility lines through state streams and wetlands.
The DEQ has indicated it might decide to include the Atlantic Coast Pipeline (ACP) and Mountain Valley
Pipeline (MVP) under such blanket authority. The DPMC stated in its March 13 letter:
We object to the issuance of this WQC, because the proposed action fails to meet the
requirements of federal and state laws. The record offered as support for this action
includes no analysis to justify issuance of the WQC and, therefore provides no legal or
technical basis for a finding by the DEQ. Further, the absence of the required analysis
makes it impossible for members of the public to provide complete and effective comments
during this notice period. The current proposal must be rejected.
At issue is the DEQ’s approach to issuing a certification for the ACP and MVP under
section 401 of the Clean Water Act, which requires that “any applicant for a Federal license or
permit to conduct any activity . . . which may result in any discharge into the navigable waters,
shall provide the licensing or permitting agency a certification from the State in which the
discharge originates or will originate . . . that any such discharge will comply with the applicable
provisions” of the Act.
Support for the DPMC comments is strongly encouraged and can be accomplished at:
https://boldalliance.webaction.org/p/dia/action4/common/public/?action_KEY=20749. Please act by
Friday, March 17!
Dominion Criticizes Forest Service in U.S. Senate Testimony
In testimony delivered March 14 before the Senate Energy and Natural Resources
Committee, Diane Leopold, President and CEO of Dominion Energy, leveled criticism at the U.S.
Forest Service in its interactions with Dominion concerning the Atlantic Coast Pipeline (ACP).
Ms. Leopold, who is also chair of the Interstate Natural Gas Association, stated:
Despite all of our earnest efforts, the Forest Service continues to deliver new information
requests and has often revised its standards . . . all we are asking for is fair and common-
sense standards, and a reasonable schedule that is upheld.
This statement is at strong odds with a February 24 letter by a Forest Service consultant,
Prof. James A. Thompson of West Virginia University, concerning recent meetings held with
Dominion officials in which the company has, according to the letter, failed to provide requested
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information on how it would construct the ACP through steep slope areas of the route in the
Monongahela National Forest. (More on this in the March 3 issue of ABRA Update.)
The Senate hearing was held on “Opportunities for America’s Energy Infrastructure.”
Sen. Joe Manchin (D) of West Virginia is a committee member. ABRA plans to submit
comments to the Senate Committee regarding Ms. Leopold’s testimony. Other excerpts of
interest from Ms. Leopold’s testimony include:
• There are two key drivers for the Atlantic Coast Pipeline. First, there is a specific,
regional customer need. . . The second factor that made this possible was the low cost,
prolific supply of nature gas reserves across the country which lowers energy bills to
homeowners and makes businesses more competitive.
• Dominion has engaged in an unprecedented level of outreach to all landowners, local
governments, tribal governments, citizen organizations, and others. . . I am pleased to advise
the Committee that on average over 90 percent of the landowners along the route have
provided permission to survey their property to determine the suitability for the pipeline.
• While virtually all of the 600-mile pipeline will be underground which significantly
reduces the impact to view sheds, the ACP is going to extraordinary lengths to further
protect the view scape from the Blue Ridge Parkway and the adjacent Appalachian
National Scenic Trail, Virginia’s and the Nation’s premiere sites.
• ACP has committed to employ best-in-class construction techniques to ensure the forest
lands are protected and the project is compatible with management efforts to protect the
forests resources. ACP continues to respond to requests and provide detailed
information on construction techniques, soil conditions, visual impacts and construction
operation plans to this new route suggested by the Forest Service.
Ms. Leopold’s testimony concluded by making several recommendations to streamline
the approval of projects subject to the authority of the Federal Energy Regulatory Commission:
• Concurrent NEPA analysis and review of permits by FERC and other permitting agencies
should be conducted.
• Require permitting agencies to determine when an application is complete to ensure
compatibility with FERC’s permitting timeline.
Strengthen the coordination of FERC’s NEPA environmental reviews with
cooperating agencies.
Landslide Potential for ACP in Nelson County Understated
A study of the potential for slope failures and landslides in Nelson County from the
proposed Atlantic Coast Pipeline (ACP), coupled with a review of Dominion’s in-house analysis,
has concluded that “Dominion has not adequately identified those soils and landforms that are
prone to debris flows (and) landslides.” The report also states that “the potential for debris
flows in the very steep mountainous portions of Nelson County is underestimated by the reports
submitted to the Federal Energy Regulatory Commission (FERC) by Dominion.”
The author of the report, Blackburn Consulting Services, LLC, was contracted to review,
assess, and comment on information submitted by Dominion to FERC, as related to the
construction and operation of the ACP through Nelson County. The review was limited to
information pertaining to soils/soil structure and slope stability, as well as the associated
geohazards and erosion/water quality concerns that the ACP project raises for Nelson County.
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Blackburn states that due to Dominion’s reliance on “regional-based and publicly
available information, many of the statements made in Dominion’s FERC filings represent gross
generalities. Dominion has not adequately identified those soils and landforms that are prone to
debris flows/landslides, nor have they adequately addressed how they plan to mitigate those
site-specific hazards that can put people, property and water quality at extreme risk.”
The report, released on March 14, was a joint project of Friends of Nelson, Friends of
Wintergreen and Wintergreen Property Owners, Inc.
Budget Cuts Loom for Conservation, EPA Enforcement, Clean Power Plan
Elimination of the Clean Power Plan and numerous energy conservation programs were
among the features announced March 17 by the White House in presenting its 2018 budget
blueprint, entitled “American First: A Budget Blueprint to Make America Great Again.”
Below are some excerpts, by department or agency, that will be of interest to ABRA
Update readers. Budget reductions noted are based on comparisons with the 2017 Federal
Budget. (Emphasis added for certain key provisions).
Department of Agriculture (21% reduction)
• Reduces funding for lower priority activities in the National Forest System, such as
major new Federal land acquisition; instead, the Budget focuses on maintaining existing
forests and grasslands.
Department of Energy (non-nuclear programs reduced by 18%)
• Focuses funding for the Office of Energy Efficiency and Renewable Energy, the Office of
Nuclear Energy, the Office of Electricity Delivery and Energy Reliability, and the Fossil
Energy Research and Development program on limited, early-stage applied energy
research and development activities where the Federal role is stronger. In addition, the
Budget eliminates the Weatherization Assistance Program and the State Energy Program
to reduce Federal intervention in State-level energy policy and implementation.
Collectively, these changes achieve a savings of approximately $2 billion from the 2017
annualized CR level.
Environmental Protection Agency (31% reduction)
• Discontinues funding for the Clean Power Plan, international climate change programs,
climate change research and partnership programs, and related efforts—saving over $100
million for the American taxpayer compared to 2017 annualized CR levels. Consistent
with the President’s America First Energy Plan, the Budget reorients EPA’s air program to
protect the air we breathe without unduly burdening the American economy.
• Eliminates funding for specific regional efforts such as the Great Lakes Restoration
Initiative, the Chesapeake Bay, and other geographic programs. These geographic
program eliminations are $427 million lower than the 2017 annualized CR levels. The
Budget returns the responsibility for funding local environmental efforts and programs
to State and local entities, allowing EPA to focus on its highest national priorities.
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• Avoids duplication by concentrating EPA’s enforcement of environmental protection
violations on programs that are not delegated to States, while providing oversight to
maintain consistency and assistance across State, local, and tribal programs. This
reduces EPA’s Office of Enforcement and Compliance Assurance budget to $419 million,
which is $129 million below the 2017 annualized CR level.
Corp of Engineers (16% reduction)
In the News:
Local/Atlantic Coast Pipeline
Study: Dominion understates pipeline’s landslide potential in Nelson
County
– Augusta Free Press – 3/14/17
Study: Dominion understates pipeline’s landslide potential in Nelson County
“…due to the reliance on this regional-based and publicly available information, many of the statements
made in Dominion’s FERC filings represent gross generalities. Dominion has not adequately identified those
soils and landforms that are prone to debris flows/landslides, nor have they adequately addressed how they
plan to mitigate those site-specific hazards that can put people, property and water quality at extreme risk.”
Related:
– http://www.abralliance.org/wp_content/uploads/2017/03/Dominion_filing_lacks_specificity_group_
says-Recorder_20170316.pdf
– http://www.nbc29.com/story/34846001/new-study-says-dominion-underestimating-risks-of-
landslides-in-nelson-county
Letter to the Editor – Pipeline cannot be built without consequence
– The Recorder – 3/16/17
http://www.abralliance.org/wp_content/uploads/2017/03/Pipeline_cannot_be_built_without_consequenc
e-Recorder_20170316.pdf
The attractiveness of Highland and Bath counties as places to live and visit is based upon the incredible
natural beauty of the area, highlighted by matchless mountain vistas and the clean water resources. These
are our assets. Should the ACP be built through the Allegheny Highlands these assets would be significantly
and permanently diminished.
Related:
– http://www.abralliance.org/wp_content/uploads/2017/03/Proposed_pipelines_potential_impacts_ar
e_many-Recorder_20170316.pdf
Dominion maps USFS access roads, describes build-out for pipeline
– The Recorder – 3/16/17
http://www.abralliance.org/wp_content/uploads/2017/03/Dominion_maps_USFS_access_roads-
Recorder_20170316.pdf
Plans still sound optimistic, almost blasé, about schedule, terrain and impacts
Second suit seeks judicial review of station decision
– The Farmville Herald – 3/15/17
Appellants allege the board’s action in issuing the permit for the station was unlawful
Pipeline protesters pass through Johnston County
– The News & Observer – 3/16/17
http://www.newsobserver.com/news/local/counties/johnston-county/article138837908.html
With the walk, activists said they hoped to bring awareness to a project that many might never know exists
but could hurt neighbors and the farming community Johnston retains as an identity
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Regional/Mountain Valley Pipeline, other
Pipeline’s passage through the region would add sediment to Roanoke
River watershed
– The Roanoke Times – 3/12/17
http://www.roanoke.com/business/news/pipeline-s-passage-through-the-region-would-add-sediment-
to/article_170bcf60-b493-5e22-98dc-4222ac7e2df9.html
The pipeline itself, or new or altered roads designed to provide access to the pipeline, will cross Roanoke
River tributaries, including high-quality streams like Bottom Creek on Bent Mountain
Dianne Bady & Vivian Stockman: Proliferation of pipelines, fracking will
hurt region
– The Herald-Dispatch – 3/12/17
http://www.herald-dispatch.com/opinion/dianne-bady-proliferation-of-pipelines-fracking-will-hurt-
region/article_75b7a7b5-a8a1-5d0a-a3df-bbe38ad84825.html
Tom Perriello Plus All Three VA Dem LG Candidates Now Oppose the
Mountain Valley & Atlantic Coast Gas Pipelines
– Blue Virginia – 3/13/17
http://bluevirginia.us/2017/03/tom-perriello-plus-three-va-dem-lg-candidates-now-oppose-atlantic-coast-
pipeline-mountain-valley-pipeline
Big Picture:
Trump budget would slash EPA funding 31%, eliminate ARPA-E in DOE
cuts
– Utility Dive – 3/16/17
http://www.utilitydive.com/news/trump-budget-would-slash-epa-funding-31-eliminate-arpa-e-in-doe-
cuts/438263/
he budget targets a number of Obama-era energy and environmental initiatives, including eliminating the DOE’s
Advanced Research Projects Agency-Energy (ARPA-E) and making unspecified cuts to the DOE’s office on energy
efficiency and renewables
Related:
– https://www.washingtonpost.com/news/energy-environment/wp/2017/03/16/trumps-budget-would-torpedo-
obamas-investments-in-climate-change-and-clean-energy/?utm_term=.27c5b0737d57
Obama left Trump a major climate-change report — and independent
scientists just said it’s accurate
– The Washington Post – 3/15/17
https://www.washingtonpost.com/news/energy-environment/wp/2017/03/15/obama-left-trump-a-major-
climate-change-report-and-independent-scientists-just-said-its-accurate/?utm_term=.15bb408d4ea6
Likely headed for the circular file…for now
Republicans Break Ranks With Pledge to Fight Climate Change
– Bloomberg – 3/15/17
https://www.bloomberg.com/news/articles/2017-03-15/republicans-break-ranks-with-pledge-to-fight-
climate-change
Republican climate bills are noteworthy not because one is likely to pass anytime soon, but because massive
external forces—markets, other governments, and climate change itself—may eventually force it into the
foreground
Study: Previous estimates lowball methane emissions from natural gas
plants
– Utility Dive – 3/16/17
http://www.utilitydive.com/news/study-previous-estimates-lowball-methane-emissions-from-natural-gas-
plants/438264/
The study notes that, despite the amount of methane leaking from gas plants, the fuel resource is still cleaner
than burning coal
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Gazprom Makes Concessions in E.U. Gas Deal, but Trouble Looms for
Russian Giant
– The New York Times – 3/13/17
Energy co-dependence seems to have the EU feeling better, and Russia playing nice…for now
In Georgia and South Carolina, ‘the game has changed’ on oil pipelines
– Southeast Energy News – 3/14/17
https://southeastenergynews.com/2017/03/14/in-georgia-and-south-carolina-the-game-has-changed-on-
oil-pipelines/
After setting temporary moratoriums on new oil pipelines in 2016, both Georgia and South Carolina are moving
forward with hearings and bills to tighten regulations
Clean Energy Could Spark a Trade War Between the US and China
– Wired – 3/16/17
Clean Energy Could Spark a Trade War Between the US and China
New administration’s policies, backing away from innovation and competition, make this more likely down
the road
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