|Kinder Morgan filed its application with the Federal Energy Regulatory Commission (FERC) for a permit to build the Northeast Energy Direct on November 20th, 2015. FERC accepted the application on Monday, December 7th, 2015. There is a 21 day period when individuals or organizations can apply to be an “intervenor” which means we have until January 6th to do so. Intervening on a project that has been filed for approval with FERC is important and valuable: it shows how strongly you are opposed to a project, it preserves your rights to bring a legal challenge should you wish to do so down the road, and it ensures you will be fully informed about every step of the process as it goes forward through email notifications. Towns through which the pipeline goes, should definitely apply for intervenor status. Affected landowners should consider doing this.The new Docket number for the NED (now that an official application has been made) is CP16-21-000
Here are some helpful resources:
Sample Intervenor letter follows. I have given you the general outline as proposed by Carolyn Elefant in her Knowing and Protecting Your Rights When an Interstate Pipeline comes to Town: A legal and Practical Guide for States, Local Governments Units, Non-Govermental Organizations and Landowners on How the FERC Pipeline Certification Process Works and How You Can Participate. (This is a very helpful guide, but we do not agree with her on all her analysis. But her sample letter is good.)
I have bolded language specific to me and italicized sample language you might want to use. You should cut and paste and add your own language to make this fit your situation.
BEFORE THE UNITED STATES OF AMERICA
Re: Tennessee Gas Pipeline/Kinder Morgan
Rebecca Meier is a Columbia County resident who fears the route of the Northeast Energy Direct could be changed once again to go near her home in Canaan. As a leader of Stop NY Fracked Gas Pipeline she has been advising people about the pipeline and has a stake in its outcome. As a citizen she has a stake in the future of the planet and the health and safety of its citizens which would be affected by this pipeline.
(Example: ??? live(s) in Rensselaer County, NY. Their residence stands ??? feet from Kinder Morgan’s proposed new pipeline, on property located within the anticipated right of way and subject to condemnation if a certificate is granted.)
(Example: ??? live(s) in Rensselaer County, NY. Their residence could be affected by Kinder Morgan’s proposed new pipeline due to construction, leaks, explosions, noise and light. )
Pursuant to Commission Rules 385.214(b) and 157.10, Rebecca Meier moves to intervene in the above captioned proceeding. This intervention is timely filed.
I. CONTACT INFORMATION
II. MOTION TO INTERVENE
Rebecca Meier seeks to intervene. Rebecca Meier is a leader of Stop NY Fracked Gas Pipeline. Personally she lives near the original route of the pipeline through Columbia County and knows that the route of the pipeline can change and fears there is a chance it could be re-routed again to go through Columbia County. She has been active educating others about the FERC process and how they can influence the progress of the pipeline. As a citizen she is concerned that the building of this pipeline will have negative effects on the earth’s climate, on the people living and working near the fracking fields and on the residents living along the proposed pipeline.
( Example: ????? is directly impacted by the proposed pipeline. Her residence stands ??? feet from the pipeline (or ??? feet from the proposed compressor station), and is therefore vulnerable to structural damage during construction, as well as ongoing safety hazards after the project is completed. Further, her land lies within the right of way corridor for the Northeast Energy Direct pipeline, thus exposing the property to condemnation if the certificate is granted.)
(????? is directly impacted by the proposed pipeline. Leaks from the pipeline and venting and blow-downs from the compressor station could affect her air, soil and water. She fears possible health repercussions of such leaks. An explosion would devastate her home and community. The peace and quiet she moved here for will be lost. )
Rebecca Meier opposes the proposed project. Continued extraction of fossil fuel is causing climate warming and is endangering life on our planet. Fracking as an extraction process is endangering the health and safety of people living near the fracking fields and workers in the industry. According to Massachusetts Attorney General Maura Healy’s report this pipeline is not needed. Continuing to rely on fossil fuel is slowing our transition to renewable energy. If we put our energy and money into creating renewable energy sources we could meet our energy needs with these sources. The destruction of habitat created by the building of the pipeline is significant. The weekly explosions of pipelines across our country are scary. The safety record of Kinder Morgan is not encouraging. Leaks along the pipeline and venting at compression stations release methane and other toxic chemicals into our air, soil and water, making me fearful about the effect this has on the health and safety of residents along the pipeline. I object to the fact that in the FERC regulations people who live in rural areas are less protected (allowing thinner pipes, shutoff valves farther away and less inspection). None of this gas will be used by New Yorkers, but New Yorkers will be forced to absorb the adverse environmental and economic impacts, not to mention the intrusion on individual landowners’ property. Kinder Morgan has made clear to its stockholders that it expects to export much of this gas, making big profits in so doing. Kinder Morgan has been lobbying to have electric users pay a tariff to help pay for this pipeline. Since this project is clearly not for the common good, I object to Eminent Domain being used for private profit.
WHEREFORE, for the foregoing reasons, Rebecca Meier requests that the Commission GRANT this motion to intervene.
November 29, 2015