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Monday, March 6, 2017

Press release: National Fuel Gas moves to preempt NYS environmental regulation

Submitted by Frederick Sinclair, Chair , Concerned Citizens of Allegany County, Inc.-
March 6, 2017  Angelica -  National Fuel Gas (NFG) and Empire Pipeline Inc. have made a request to the Federal Energy Regulatory Commission (FERC) seeking a change in the FERC Certification findings and/or a re-hearing -- which would release NFG and its proposed Northern Access Pipeline from review under New York State environmental regulations.
NFG has formally filed with FERC to exercise powers under the Federal Natural Gas Act (and other Federal regulations for reviewing interstate pipelines) which would, if allowed, preempt New York Environmental Conservation Law.
The state regulatory process may be overruled by a federally-appointed five member FERC Commission, affecting the state’s authority to protect aquifers, streams, fisheries, species of concern, impacts to wetlands and discharges affecting air quality, as well as public opinion and private landowner rights. 
In July 2016, FERC issued a favorable environmental assessment of the Northern Access Project, claiming that the construction of the new pipeline would not have a significant impact on the environment.  Last month, FERC enabled the use of eminent domain to force approximately 40 landowners along the proposed route to host the right-of-way and pipeline against their wishes.
The proposed 24-inch high-pressure pipeline would transport four hundred million cubic feet of fracked gas per day from the Marcellus drilling fields of Pennsylvania across Allegany, Cattaraugus, Erie and Niagara Counties and under the Niagara River for export to Canada.
The proposed pipeline will be 97 miles in total length and cross more than 450 bodies of water: 180 streams, 7 ponds and 270 wetlands.   In order to transport and treat the gas before it goes to international markets, 20,000 hp of additional compressor station capacity and a dehydration facility will be constructed. Approximately 25 % of the gas is anticipated to support energy needs in the northeast US market.
NYS DEC has held three public hearings and received thousands of written comments regarding the proposed Northern Access Pipeline. 
Full information on the proposed Northern Access Pipeline can be found at the National Fuel Gas, NYS DEC and FERC.gov. websites.