Landowners – those most directly affected by pipeline projects -were given a greater role in the certificate process last week whenFERC issued a final rule that requires pipes to provide propertyowners with earlier and more-detailed notification of theirprojects.

Ironically, the rule was approved last Wednesday when scores oflandowners from New Jersey and Ohio descended on FERC’s Washington,D.C. headquarters to mostly protest the proposed Independence andMarketLink pipeline projects, both of which were the subject of ahalf-day conference.

The rule will require pipelines to notify affected landowners inwriting within three days of either filing a project application atFERC or a docket being assigned. In the past, landowners weren’tnotified until FERC issued a notice of intent to prepare anenvironmental impact statement or environmental assessment on aspecific project [RM98-17].

The rule further requires a pipeline to give landowners adetailed description of its proposed project, including the purposeand timing of the project, specific contacts to obtain moreinformation, as well as maps of the proposed routing. Additionally,it calls for pipelines to place notices in local newspapers inpotentially affected areas.

Significantly, the rule widens the definition of “affected”landowner to include “not only [those] whose property is actuallycrossed or used, but also landowners [who] own property thatadjoins or abuts the proposed route…,” said Commissioner WilliamMassey. He called this a “common-sense recognition that landownerand environmental concerns extend somewhat beyond the actualcorridors of the project.”

Moreover, the rule also would give pipelines greater flexibilityand expedite the certificate process by expanding the list ofprojects that won’t require preparation of an environmentalassessment, as well as expanding the types of pipeline-relatedactivities that will be covered under blanket constructioncertificates, according to FERC.

“I think we strike the proper balance here by providing ameaningful early notice of a proposed project to landowners withoutimposing undue burdens on the applicant,” Massey said. Most on theCommission agreed the final rule, in conjunction with the voluntarycollaborative processes and revised rules for ex partecommunications that recently were voted out, will help to “foster”greater dialogue between pipelines and landowners.

Susan Parker

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