FERC’s deadline arrives for pipeline complaints

The FERC footnotes - Governors' Wind Energy Coalition

 

Monday was the deadline set by the Federal Energy Regulatory Commission for Cheniere Energy to resolve land complaints of Oklahoma  farmers and ranchers about unfinished Midship pipeline restoration.

As OK Energy Today reported in March, FERC heard complaints about the restoration work and ordered Cheniere to make completions within at least 60 days. Monday was the end of the 60-day period.

“This order directs Midship Pipeline Company, LLC to take immediate action to remedy unresolved restoration issues on certain landowner tracts…”stated the FERC in its decision.

As we reported in March, the order applied to at least 50 separate tracts of land where the owner had complained about ponding caused by the pipeline work, debris left on the land, erosion, and the lack of revegetation work.

“Midship has failed to sufficiently resolve several specific restoration issues on agricultural lands throughout the project area,” stated the FERC order. The agency said Midship attempted to correct some of the issues but inspectors found they “remain unresolved.”

“There are additional unresolved issues first identified in December 2020 that also require Midship’s immediate attention,” continued the order.

“The Commission expects Midship to address the restoration issues identified in this order in an expeditious manner. Failure to do so could mean that Midship is out of compliance with its Certificate order.”

However, it was unclear what steps FERC might take now that the deadline has passed. The next FERC meeting is on Thursday and the issue is on the agenda.

At the time of the order, FERC’s new chairman Richard Glick made it clear he expected Cheniere to bring the issue to completion.

“This commission is not going to look the other way,” he told reporters after the March meeting, suggesting that revocation of certificates “must be on the table” for projects that fail to meet responsibilities.

Glick comments spark backlash from Chatterjee, McNamee - Governors' Wind Energy Coalition

He stressed his view that “we need to send a clear message to certificate holders” that when they agree to a duty of candor or to act in an environmentally sound manner, “you mean that and we’re not going to look the other way.”

He had more to say about not just Cheniere Energy’s actions but other pipeline companies as well.

 

 

 

“I think it is important to remind pipeline developers that when they apply for a certificate of public convenience and necessity that they must be truthful, and that when they receive a certificate, which conditions the right to build and operate the pipeline with a requirement of the developer repairing the damage it creates during construction, that they need to take that responsibility seriously.”