NAVIGATING SCOPING MEETINGS

Transcription

NAVIGATING SCOPING MEETINGS
NAVIGATING SCOPING MEETINGS
Prepared By: Angela & Wil Stanton
March 2015; Updated May 2015
What Are Scoping Meetings?
Scoping meetings, which are sponsored by the Federal Energy Regulatory Commission (FERC), are utilized
by staff to identify relevant issues of major Certificate projects, pursuant to the National Environmental Policy
Act (NEPA). NEPA requires that federal agencies fully consider the environmental effects of proposed federal
actions, prior to undertaking that action. Pursuant to NEPA, FERC has determined that an Environmental
Impact Study (EIS) is required for the Mountain Valley Pipeline (MVP) project. As a part of the NEPA process,
scoping will be conducted. Scoping is held early in the NEPA process in order to:
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Determine the scope of the issues to be addressed by the Environmental Impact Statement (EIS)
Identify significant issues related to the proposed action that should be studied in depth
Narrow the scope of the issues to be studies by eliminating issues that are not significant or have been
covered by environmental review.
The scoping process is one of the opportunities for public involvement. Affected property owners and other
stakeholders can and should provide detailed comments about issues pertaining to their properties. For
example, stakeholders can provide information on sensitive environmental features in the project area; suggest
alternatives to be evaluated; or help identify construction constraints.
Location of Scheduled Scoping Meetings
FERC staff holds public scoping meetings in the project area for major projects that typically require an EIS.
The scoping meetings are typically held during the Commission's pre-filing process, but may be held after the
application is officially filed with the Commission. In the case of the MVP, FERC filed a Notice of Intent (NOI)
to Prepare an EIS for the Planned Mountain Valley Pipeline Project, Request for Comments on Environmental
Issues, and Notice of Public Scoping Meetings on April 17, 2015 (posted to our site at:
http://www.preservethenrv.com/docs/scoping_meetings.pdf). The scoping meetings will be held at:
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Signing Up to Speak
If you attend one or more of the Scoping Meetings you must sign up if you wish to speak. It is our
understanding from people who attended the FERC scoping meetings for the Atlantic Coast Pipeline that
people are asked to speak in the order in which they sign up. FERC has stated that they will allow people to
sign up to speak beginning one-hour before the meeting begins (at 6 p.m.). We encourage people wishing to
speak to arrive as early as the location will allow (in Elliston, for example, we have been told that people
attending the meeting can enter school property beginning at 4:30 p.m.) in order to secure a place in line. If
you know you cannot arrive early, you may wish to ask a friend or family member to sign in and stand in line for
you until you arrive.
How the Meeting Works
FERC scoping meetings are open to the general public and are structured for people to make statements to
the FERC staff about the project. FERC staff begin the meeting by describing the environmental review
process with members of the public, providing relevant information, and answering procedural questions. The
Company (MVP, LLC owned primarily by EQT and NextEra) is present and typically gives a summary of its
project and is available before and after the formal part of the meeting for questions and answers. In the FERC
Notice of Intent (NOI) to Prepare an EIS for the Planned Mountain Valley Pipeline Project, Request for
Comments on Environmental Issues, and Notice of Public Scoping Meetings it states that “Mountain Valley
representatives will be present one hour prior to the start of the scoping meetings to provide additional
information about the project and answer questions.”
One of the main purposes of a formal scoping meeting is so the members of the public get an opportunity to
speak about their concerns. Comments on the proposed project may be submitted in written form or made
verbally during the course of the scoping meeting. The scoping meetings are recorded by a stenographer and
will become part of the formal record of the Commission proceeding on the project. Scoping meeting
transcripts are accessible and placed in the record through the Commission's eLibrary system, in the docket
number assigned to our project, PF15-3-000.
Keep in mind that the information gathered at scoping meetings is a double-edged sword. Anything you
provide not only provides FERC staff with the information needed to help them develop their Environmental
Impact Statement, it also helps the Company prepare environmental mitigation measures to present in its
environmental resource reports filed with the FERC in its Certificate Application. We suggest that when
addressing the FERC at the scoping meeting that you provide pertinent information but do so in a general way
that does not provide MVP with too much information too early in the process.
Specific information regarding impacts should be submitted to the FERC in writing and this must be done no
later than the deadline FERC has imposed for comments of June 16, 2015. We encourage you to save very
specific details and submit them near the deadline date keeping in mind that you must allow time for your
comments to be received. Information for providing written comments to the FERC can be accessed at:
http://preservethenrv.com/federal-energy-regulatory-commission-ferc/.
Speaking at the Scoping Meeting
While you are certainly allowed to say anything you wish at the scoping meeting, keep in mind that if you wish
to have your comments considered by the FERC, they need to be focused. Three minutes goes by very
quickly. We specifically recommend:
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Prepare your written testimony in advance. The average person speaks at 2 words per second when
trying to be heard and understood by others. That means, what you prepare in writing should not be, at
most, more than 360 words (180 seconds x 2).
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Bring your written testimony with you so that you say what you intend to say and do not leave out
anything important.
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As stated already, three minutes goes by very quickly. Be sure to emphasize the most important things
you want to say first. Often, people spend too much time trying to provide background information to
frame their message. You do not want to lose the message by saving your most important points to the
end because if your time expires, you risk not being able to convey what is most important to you.
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Tell your story in your own words. Feel free to show your emotions whether it be passion, fear, anger,
etc. People connect with you and your message if they see your conviction for what you are saying.
Addresses such things as:
o How will the pipeline impact you personally? How will impact your property? Your water? Your
health? Your safety? Your livestock/animals? Your children/grandchildren? Your quality of life?
The loss of value to your property?
o Has MVP or its agents threatened you? Trespassed on your property? Damaged your
property? Have they tried to coerce you to permitting a survey by using bullying tactics or
threats of lawsuits?
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The most effective comments at a scoping meeting are ones that tie your story to the things FERC
must consider in preparing the Environmental Impact Statement (if you want to see what FERC expects
in terms of environmental reports from MVP, you should review the Guidance Manual For
Environmental Report Preparation provided by FERC at
http://www.ferc.gov/industries/gas/enviro/erpman.pdf). FERC stated that “in the EIS we will discuss
impacts that could occur as a result of the construction and operation of the planned project under
these general headings”:
o geology and soils
o water resources and wetlands
o vegetation and wildlife
o cultural resources
o land use, recreation, and visual resources
o socioeconomics
o air quality and noise
o cumulative impacts
o public safety
In the FERC Notice of Intent (NOI) to Prepare an EIS for the Planned Mountain Valley Pipeline Project,
Request for Comments on Environmental Issues, and Notice of Public Scoping Meetings, they stated:
“We have already identified several issues that we think deserve attention in the EIS, from our
preliminary review of the planned facilities, environmental information provided by Mountain Valley, and
comments by stakeholders. This preliminary list of issues may change based on your comments and
our further analyses. These issues include:
o karst terrain, sinkholes, and caves
o domestic water sources, wells, springs, and waterbodies
o forested areas
o federally-listed threatened and endangered species, including mussels and bats
o National Register of Historic Places listed Rural Historic Districts and other historic properties
o Appalachian Trail, Blue Ridge Parkway, and other scenic by-ways
o residential developments and property values
o tourism and recreation
o local infrastructure and emergency response systems
o public safety
o operational noise from planned compressor stations
o alternatives and their potential impacts on a range of resources
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Specific topics/questions you may consider addressing in your testimony:
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If there is another pipeline on or near your property, e.g., the Spectra East Tennessee Pipeline
going from SW Virginia to Roanoke, this may invoke the possibility of overbuilding.
Will you personally benefit from these pipelines, i.e. be able to obtain natural gas from that
pipeline for home use? The answer to this is NO, these are transmission lines and do not
provide home or business service. Nor is there any indication local natural gas providers will be
expanding service lines to homes and business not currently be serviced.
There is no economic value to citizens in the Commonwealth of Virginia.
Environmental factors: Forest fragmentation, methane leaks, other environmental disruptions
Question the NEED for this many pipelines, and their CUMULATIVE IMPACT
Virginians already have access to natural gas – every county in the proposed MVP route has a
Local Distributor of natural gas.
Engineering dangers of co-locating high power electric transmissions lines with large high pressure
natural gas lines.
Potential impacts of the project on directly affected landowners, their land use, their land values,
their mortgages, and their insurance.
Safety and security associated with the construction and operation of the project, including
emergency response planning and third-party damage prevention.
Contingency planning for spills, accidents, or malfunctions during construction and operations of
the Project.
The route of the proposed MVP includes significant Karst and the blasting and clearing could
adversely affect water quality.
The region’s economic strength is closely tied to tourism and the surrounding natural environment
and the clearing of the land for a right-of-way would adversely impact the natural environment and
ultimately cause harm to tourism in the region.
Protection of human rights and community health, safety and security (including risks, impacts)
Use and management of dangerous substances including but not limited to construction equipment
fuel, oil, and hydraulic fluids; explosives needed to fracture stone before digging pipeline trenches;
herbicides used on the ROW.
Land acquisition and involuntary taking of land through eminent domain.
Numerous accidents and explosions involving pipelines similar to but much smaller than the one
proposed have occurred in the past and are happening on an increasing basis.
Most of the areas crossed by the proposed MVP are served by volunteer rescue squads and
volunteer fire departments which would be the first to respond to any accident.
The proposed route and alternative routes crosses public roads, traverses historic districts, passes
in close proximity to schools, recreation areas, and residential areas, etc.
Conventional pipeline construction practices may require blasting or ripping rock that potentially
threaten the fragile karst areas, springs, and wells along the proposed route.
Potential environmental and socio-economic effects of the MVP, including the environmental
effects of accidents or malfunctions that may occur in connection with the project, and any
cumulative effects that are likely to result from the Project.
The consequences of a potential rupture of a proposed 42" diameter pipeline at a minimum psi of
1400 the Potential Impact Radius would be 1261 feet and would potentially be a safety hazard to
the many residents living along the proposed pipeline route.
Potential Harm to our area’s biodiversity, including endangered species and sensitive ecosystems
in modified, natural and critical habitats, and identification of legally protected areas
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If the proposed MVP be constructed, property values of the homes in its vicinity would be
significantly diminished.
FERC already has evidence that additional supply of natural gas is unwarranted. In the preliminary
draft July 2014 (Docket No. PF-14-14-000) section 1.2 Purpose and Need, ET Rover states
"According to the most current and relevant government and industry' supply/consumption indexes
(including the US. Department of Energy), the supplies [of natural gas] will continue to outpace
domestic consumption for many years, allowing/or the export of natural gas." It is clear the purpose
of the pipeline is for EXPORT of natural gas which does not meet the threshold of public necessity
nor justify the devastating impacts to our land and lives.
Impacts on affected communities and disadvantaged or vulnerable groups
Cumulative effects to our land, water, air, and lives due to existing pipeline projects, the proposed
MVP project, and anticipated future projects
Harmful effects to our heritage and the use of lands for traditional purposes
Potential harm to the 249 caves in Giles County and the 80 caves in Montgomery, many of which
are along the route of the proposed route of the MVP.
Potential harm to Significant Cave Conservation Sites which represents caves that meet three of
nine significant criteria, such as it contains a rare and endangered species. There are at least five
Significant Cave Conservation Sites the MVP will intersect and seven more are just north of the
proposed route. 200 additional caves are also within the MVP study area.
Air quality can be affected by dust during construction and by air contaminants emitted by the
combustion of fossil fuels used for construction equipment and compressor stations (if driven by
natural gas as stated by MVP). Air quality also includes emissions of greenhouse gases directly
related to the project due to pipeline methane leaks, unburned natural gas used to power
compressor stations, and blowdowns of pressure at compressor stations.
Noise is increased relative to background noise by construction activities and the operation of
compressor stations.
Soils can be eroded, compacted and mixed, contaminated, and removed, and they can be acidified
by local emissions of chemicals causing acid rain.
Possible alterations of geology can cause landslides, along with accompanying risks to safety and
environment, such as to fish habitat.
Underground aquifers can be contaminated, thus harming endangered species and possibly
contaminating drinking water of individuals on wells.
Vegetation (including old growth forests and rare communities of plants) can be affected by
surface disturbance, changes in water flows, the arrival of alien species and air contamination.
The route of the proposed MVP goes through heavily wooded areas. The construction of the
proposed pipeline would not only be devastating to the dense environmental aesthetics of our
woodlands but also their surrounding high priority ecosystems;
Risks to wildlife can be caused by the removal, alteration and fragmentation of habitat, as well as
by noise, changing access and sightlines for predators, and the creation of barriers to movement.
Water quality and quantity could be affected by erosion and crossing excavations as well as by
herbicides applied to maintain a clearing around the pipeline.
Activities related to the pipeline such as the clearing of vegetation, and the grading and placement
of structures in water, have the potential to affect the productive capacity of fish habitat, migration,
and fish health and mortality.
Blasting, grading and tunnel construction could alter both surface and groundwater flow and
expose rock formations, which could potentially leach acid or metals.
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Issues with maintenance of the pipeline should be discussed in terms of perpetuity and include
anticipated maintenance such as replacing/repairing lines or infrastructure
Policy implications – possible conflicts with objectives of federal, regional, state, local land use
plans, policies and controls for the area concerned
The significance on society as a whole, the affected region, the affected interests, and the locality
Impacts on climate change – In December 2014, the Council on Environmental Quality (CEQ),
which was established within the Executive Office of the President by Congress as part of NEPA,
provided guidance that federal agencies “should consider both the potential effects of a proposed
action on climate change, as indicated by its estimate greenhouse gas emissions, and the
implications of climate change for the environmental effects of a proposed action”
(https://www.whitehouse.gov/administration/eop/ceq/initiatives/nepa/ghg-guidance).
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Don’t Forget to Recommend the “No Action” Alternative. An end result from an EIS can be no action
on a project. This means that the proposed activity, in this case the MVP, would not take place.
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Ask the Questions FERC is Asking of Mountain Valley Pipeline. On March 13, 2015 FERC issued
Staff Comments (see http://preservethenrv.com/docs/FERC_Comments_1st_Draft_Resource_Reports110.pdf) on MVP’s:
o December 1 Draft Resource Report 1 – General Project Description – pages 1–3
o Draft Resource Report 10 – Alternatives - pages 3-5
o Draft Resource Report 2 – Water Use and Quality – pages 5-6
o Draft Resource Report 3 – Fish, Wildlife & Vegetation – pages 6-7
o Draft Resource Report 4 – Cultural Resource – pages 7-8
o Draft Resource Report 5 – Socioeconomics – page 8
o Draft Resource Report 6 – Geological Resources – pages 8-9
o Draft Resource Report 7 – Soils – page 9
o Draft Resource Report 8 – Land Use, Recreation & Aesthetics – pages 9-10
o Draft Resource Report 10 – Air Quality & Noise – page 10
Sources Used:
Federal Energy Regulatory Commission – http://www.ferc.gov
National Environmental Policy Act (NEPA) – http://www.epa.gov/compliance/basics/nepa.html
Preparation for Scoping Meetings – Delaware Riverkeeper Network – http://www.delawareriverkeeper.org
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Preserve the NRV
Say NO to the Mountain Valley Pipeline
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Website: http://preservethenrv.com
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