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: 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: Preserve the NRV Say NO to the Mountain Valley Pipeline Preserve our land, water, habitat, wildlife & people Website: http://preservethenrv.com Like us on Facebook at Preserve the NRV Follow us on Twitter @preserveNRV 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: 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). Preserve the NRV Say NO to the Mountain Valley Pipeline Preserve our land, water, habitat, wildlife & people Website: http://preservethenrv.com Like us on Facebook at Preserve the NRV Follow us on Twitter @preserveNRV Bring your written testimony with you so that you say what you intend to say and do not leave out anything important. 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. 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? 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 Preserve the NRV Say NO to the Mountain Valley Pipeline Preserve our land, water, habitat, wildlife & people Website: http://preservethenrv.com Like us on Facebook at Preserve the NRV Follow us on Twitter @preserveNRV Specific topics/questions you may consider addressing in your testimony: o o o o o o o o o o o o o o o o o o o o o o 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 Preserve the NRV Say NO to the Mountain Valley Pipeline Preserve our land, water, habitat, wildlife & people Website: http://preservethenrv.com Like us on Facebook at Preserve the NRV Follow us on Twitter @preserveNRV o o o o o o o o o o o o o o o o o o 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. Preserve the NRV Say NO to the Mountain Valley Pipeline Preserve our land, water, habitat, wildlife & people Website: http://preservethenrv.com Like us on Facebook at Preserve the NRV Follow us on Twitter @preserveNRV o o o o 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). 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. 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 Disclaimer: While every precaution has been taken to provide the most accurate information and honest analysis, please use your discretion before making any decision or taking any action based on the information in this post. The views and opinions expressed in this post are ours and ours alone. Those providing comments on this post are theirs and theirs alone. The owner of this post will not be liable for any errors or omissions in this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information. Preserve the NRV Say NO to the Mountain Valley Pipeline Preserve our land, water, habitat, wildlife & people Website: http://preservethenrv.com Like us on Facebook at Preserve the NRV Follow us on Twitter @preserveNRV