Eight Rivers Council Update for August 2017

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Eight Rivers Council Update for August 2017
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1. Many Pocahontas County citizens spoke knowledgeably and passionately to ask the WVDEP to turn down ACP’s application for a 401 water permit. Perhaps 120 to 150 people attended the meeting held at the Pocahontas County High School auditorium on August 1. The WVDEP moderator requested that those giving talks limit their time to 3 minutes although they allowed some to go on a minute or two longer. Well over two dozen people talked, perhaps 80% opposed. Most of those in the minority (largely out of county) who spoke in favor worked in the industry or otherwise had financial interests in the pipeline. See this link for a short report. See this Link for photos of some of the speakers.
Earlier in the day, WVDEP officials were escorted on a tour of especially vulnerable landscapes in Randolph and Pocahontas counties. Tom Epling, Tracy McClain, Gil Willis, Autumn Crowe, Angie Rosser were “tour guides.” These mid-level WVDEP officials seemed touched by the steep slopes, pristine water, springs, and karst topography. WV Rivers Coalition filmed a few interviews while on the tour. Autumn Crowe here and again here and a poignant look at our area beauty here, and Tom Epling here.

2. The ACP is setting up equipment in anticipation of beginning construction late fall 2017. For example, just south of Henry’s in Green Bank is a field with trucks, storage units, equipment, pipe, and employee transport buses. (See this link for photos). Yes, all along it has been common knowledge that FERC would issue a permit for ACP construction. FERC always grants permits. See this Link for photos.

3. But hold on! It’s NOT a done deal. Our coalition is readying for lawsuits to challenge FERC. The comments many of you made at hearings and in writing can help provide grounds for these lawsuits! And recent legal challenges have been upheld in federal court, including a recent case repudiating FERC on the Southeast Market Pipeline Project running through Alabama, Georgia and Florida due to failure to assess greenhouse gas impact on climate as required. Citing this ruling, the New York Department of Environmental Conservation (DEC) denied a necessary permit to the Valley Lateral project, a fracked gas pipeline slated to go a new power plant owned by Competitive Power Ventures in Orange County, NY.

Need will surely be challenged on legal firm basis. FERC has ignored the requirement to demonstrate “necessity.” ACP claims it has contracts for 95% of its pipeline capacity, but this is just Dominion, Duke, and other ACP partners of leaving present gas contracts in order to control its own gas supply. Existing pipeline capacity to their target areas is running about 50% capacity, and gas demand in these areas has flat-lined. However, the National Gas Act has incentives for companies to build infrastructure whether needed or not in order to realize a 14% profit. Ratepayers take the risk, not shareholders.

For example, Tom Hadwin reports that the Sabal Trail pipeline in Florida “is running at just 25% capacity. All of it taken from existing pipelines, not new demand. Two of the pipeline owners, NextEra and Duke, have captive utilities in Florida that are now using Sabal Trail instead of the less expensive existing pipelines. Sabal Trail based its FERC justification on signed agreements with its own affiliates, as most pipelines do nowadays. Total natural gas usage is down in Florida by 4% compared to last year, because of lower cost renewables.” The losers will be Florida ratepayers.

The gas industry will look to export Liquid Natural Gas (LNG) has supplies exceed demand and deflate prices. According to a story in btuanalytics.com, "With domestic demand gains slowing across power burn, residential, commercial, and industrial, the North American gas market must find new levers to pull. It is likely that the biggest demand lever for the U.S. gas market over the next five years and beyond will be LNG exports." Another article https://btuanalytics.com/drilling-activity-much-market-need/ looks at how over-piped the Appalachian Basin will be if all of the proposed pipelines are built. The recommended solution is not to build fewer pipelines but to increase drilling activity. In this scenario, massive increased drilling would occur in order to justify the over-build of pipelines, and the massive amounts of excess gas would be exported.

Of course, Dominion denies any plans to export LNG, even though an ACP spur would be within 6 miles of an export terminal. Denial for now, since seizing property from unwilling owners through eminent domain would not meet court muster. But later, if it would be built, then…

The Virginia Natural Heritage Karst Program Cave and Karst Protection Division is saying a firm “No!” to the proposed ACP route in portions of Highland and Bath counties. This is a recent development to watch how it plays out. The upshot is that the proposed ACP route traverses high concentrations of vulnerable karst and related springs.

So don’t give up! The ACP will be challenged on legal grounds.

4. The Rover Pipeline construction has been issued cease and desist orders for certain segments by the WVDEP, who responded to incessant citizen pressure. http://www.wvgazettemail.com/news/20170819/more-water-violations-found-on-rover-pipeline-construction-sites and pictures of the mess here. And read through the WVDEP Report and the pictures at the back of the report! Is this what is in store for our beautiful landscape if the ACP is constructed?

Budget buster http://bluevirginia.us/2017/08/math-dominions-fercs-numbers-tell-us-atlantic-coast-pipeline-budget-buster

https://www.washingtonpost.com/opinions/questions-remain-on-dominions-proposed-pipeline/2017/09/01/ef4da348-7d39-11e7-a669-b400c5c7e1cc_story.html?utm_term=.a9a176645086

5. Pocahontas County has a 6% motel/hotel occupancy tax. This tax provides funds for many county services. ACP construction companies have solidly booked much of the county lodging. But inasmuch as the lodging will be leased long term (over 30 days), the occupancy tax will not be collected. We do not know yet whether sales tax will be collected.

6. U.S. Forest Service gives a draft approval to the ACP. Comments due September 5.

^T^u^esday,^Sept^e^m^b^er⁵^midnight^is^t^h^e^d^ead^lⁱⁿ^e^f^o^r^c^omm^ents^t^o^be^su^b^mⁱ^t^t^e^d^to^t^h^e^U.S.^F^o^re^s^t

^Service⁽^N^F^S⁾ⁱⁿ^r^esp^oⁿ^s^e^t^o^t^h^e^ageⁿ^c^y^{’s p}^r^o^p^o^sal^t^o^a^m^end^t^h^e^F^o^rest^P^laⁿ^s^f^o^r^t^h^e^G^e^o^r^g^e^W^a^sh^ing^t^oⁿ

and Monongahela National Forests to permit construction of the Atlantic Coast Pipeline. The NFS had published on July 21 its Draft Decision Document which concluded: “we have decided to authorize Atlantic to use and occupy NFS land to construct, operate, maintain, and eventually decommission a natural gas pipeline on NFS lands administered by the MNF and GWNF.”

Individuals or organizations who submitted comments to FERC during the public comment periods are

^eligible to object to this draft decision. ^H^o^w^t^o^file^o^b^j^ec^ti^oⁿ^s^t^o^{the N}^F^S^p^r^o^p^o^sal^a^re^s^e^t^f^o^rth^h^e^r^e^.

^{Coalition members are challenging the USFS approval.}
7. Videos are excellent teaching and motivational tools. Here are some recent releases:

a. The tongue-in-cheek folks with “Friends of Dominion Energy” have come up with a 90 second video that will lighten your day. Their Facebook page, by the way, is under the auspices of “Friends of Atlantic Coast Pipeline.” Don’t let the name mislead you. They are our friends, too. Check out the links.

b. Marino Colmano has outstanding professional films available through DVD as well as many available for download at http://pipelinedocumentary.com/

c. Video of the Jones family. And how to access the WVDEP website.

8. West Virginia folks are invited to the “People’s Pipeline Protest” on September 12-14. This gathering in seven Virginia cities will say NO PIPELINES! to Gov. McAuliffe and his Department of Environmental Quality. Join farmers, faith leaders, students and more to sing, pray, speak, and chant until our voices are heard outside seven DEQ offices. Come one or all days. Different themes each day.Cities are Virginia Beach, Glen Allen, Woodbridge, Harrisonburg, Roanoke, Abingdon, and Richmond.

9. Efforts are underway to get more NO Pipeline yard signs and then to invite local residents to post them. We will report on this soon. Also some of our members are working on leads to get national media focus on our unique and special area threatened by the ACP. We have initiated dialogue with the local radio station that covers Pocahontas, Bath, and Highland counties to do a series on the ACP. We have an Eight Rivers Council Facebook page and are setting up Alleghenies Against The ACP as a dedicated site. We WELCOME Local Content, so please send or let us know!

10. Eight Rivers Council reported on this last month, but in case you have not heard, FERC issued its Final Environmental Impact Statement (FEIS) on the Atlantic Coast Pipeline (ACP) July 21, 2017. The final authorization decision is scheduled for October 19, 2017.
Here is a LINK on today’s press release from Allegheny-Blueridge Alliance (ABRA) which is comprised of over 50 organizations in West Virginia and Virginia. Eight Rivers Council is represented on the Steering Committee.

The EIS utterly fails to address the need for this project. Ignoring their requirement, FERC relies upon industry say-so, an industry that can count on a 11 to 14% profit even if the pipeline fails as uneconomical. Our contention is that the gas and utility sector is overbuilding with the likelihood that ratepayers will be stuck paying for it.

The EIS is also a thumb in the eye of citizens like you who made the effort to assess their local communities, researched, participated in meetings, contacted policymakers, and submitted oral and written comments. Gas and utility industries financed by outsiders have more clout with government than the citizens whose lands and communities the pipeline would transgress.

11. Sign up for Allegheny-Blue Ridge Alliance (ABRA) weekly pipeline updates. Eight Rivers Council has periodic updates that are archived and can be accessed on its website here.

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Thank you for your advocacy for clean water, beautiful scenery, healthy ecosystem, property protection, and responsible government. We are strong when we stand together to do what is right!

--Allen Johnson, President

Eight Rivers Council

September 4, 2017

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