Thursday, December 4, 2014
COMPRESSOR STATION 319, ROSE LAKE STATION, TENNESSEE GAS PIPELINE COMPANY, COMPLETED OCTOBER 2014
COMPRESSOR STATION 319, ROSE LAKE STATION, TENNESSEE GAS PIPELINE COMPANY, COMPLETED OCTOBER 2014
COMPRESSOR STATION 315, TENNESSEE GAS PIPELINE COMPANY, COMPLETED SEPTEMBER 2014
COMPRESSOR STATION 315, ROSE LAKE STATION, TENNESSEE GAS PIPELINE COMPANY, COMPLETED SEPTEMBER 2014
Building evacuated due to propane leak from truck that had been rear-ended in Conyers, Georgia
Building evacuated due to propane leak from truck that had
been rear-ended in Conyers, Georgia
##CONYERS
— Between 75 and 100 people were evacuated Thursday morning at a warehouse and
office building on Ga. Highway 138 due to a propane leak from a tanker truck.
##Rockdale
Fire and Rescue Chief Dan Morgan said four fire engines, a ladder truck and the
hazmat team responded to the scene around 9:30 a.m. after a tractor-trailer
truck bumped into the rear of the propane truck, striking the metal box that
contains the delivery valves and causing a valve to leak.
##Morgan
said firefighters evacuated the building — which includes warehouse and office
space for CSC Atlanta, a packaging supply store, and warehouse space for Golden
State Foods. Firefighters then sprayed a water curtain around the propane truck
as a preventive measure against sparks. Firefighters also sprayed a wide water
plume to push the propane gas away from the building.
##“Propane
is slightly heavier than air, and they don’t want it to spread into the
building,” Morgan explained from the scene.
##Morgan
said the hazmat team had to work to get close enough to the truck to access the
metal box that contains the control valves. The box was crushed in the impact
with the tractor-trailer, he said, so team members had to pry it open.
##Morgan
said the propane leak was under control by about 10:20 a.m. No injuries were
reported in the incident.
http://www.rockdalecitizen.com/news/2014/dec/04/building-evacuated-due-to-propane-leak-from-truck/
FEMA: ANY PART OF A CLAIM OR ESTIMATE NOT FULLY SUPPORTED BY DOCUMENTED PROOF CANNOT BE PRESENTED FOR PAYMENT— STATEMENTS WITHOUT SUPPORTING DOCUMENTATION ARE INSUFFICIENT TO JUSTIFY PAYMENT OF NFIP FUNDS.
FEMA: Any part of a claim or estimate not fully
supported by documented proof cannot be presented for payment— statements
without supporting documentation are insufficient to justify payment of NFIP
funds.
On November 20, 2014, FEMA issued some additional
clarifications to facilitate the handling of flood claims for settlement
purposes. It is very important for the
policyholders to provide receipts and other backup to support their expenses
when they performed repairs prior to the claim being approved by FEMA. FEMA will require actual receipts, paid
bills, paid invoices, cancelled checks and the like to support payment.
Here is the memo.
U.S. Department of Homeland Security 500 C St. SW Washington, D.C. 20472
W-14058
November 20, 2014
MEMORANDUM FOR: Write
Your Own (WYO) Company Principal Coordinators and the
National Flood Insurance Program (NFIP) Servicing Agent
SUBJECT: Clarification on: 1) Application of the Dwelling Form
Loss Settlement Clause; 2) Use of Flood Insurance Claims Proceeds; and 3)
FEMA’s Underwriting and Claims Operation Review Tool (U-CORT) November 20, 2014
This Bulletin addresses
the application of the Loss Settlement Clause of the Standard Flood Insurance
Policy (SFIP) Dwelling Form, 44 C.F.R. Part 61, App. A(1), § VII(V).
Specifically, it explains the application of the Loss Settlement Clause to the
settlement of claims when there is direct physical loss by or from flood to the
policyholder’s insured property.
The Loss Settlement Clause sets forth three methods of settling
insured losses: Replacement Cost Loss Settlement, Special Loss Settlement, and
the Actual Cash Value Loss Settlement. This Bulletin addresses the application
of the Replacement Cost Loss Settlement and Actual Cash Value Loss Settlement
provisions.
Replacement Cost Loss Settlement
For dwellings that qualify for the Replacement Cost Loss
Settlement, the NFIP will pay to repair or replace the damaged dwelling, after
applying the deductible but without deducting the value of its physical
depreciation, in an amount equal to either:
(1) The limit of liability for building coverage as shown on
the policyholder’s Declaration Page;
(2) The replacement cost of that part of the dwelling that was
damaged, with materials of like kind and quality, and for like use; or
(3) The necessary amount actually spent to repair or replace
the damaged part of the dwelling for like use.
Applying this provision, the NFIP will pay the least of those
three amounts.
Questions related to the Replacement Cost Loss Settlement
provision often relate to eligibility for additional payment after repairs and
initial payment has been made based on an estimate of replacement cost, and a
policyholder seeks additional payment based on the actual cost of repairs. The
policyholder is eligible for payment based on actual costs, and the NFIP
insurer will need documentation of the actual costs in order to make the
additional payment. FEMA will require actual receipts, paid bills, paid
invoices, cancelled checks and the like to support payment. If repairs have
been completed, it is the policyholder’s responsibility to prove that the claim
amounts paid plus the value of the deductible(s) and any applicable physical
depreciation were spent to repair or replace covered flood damage.
Actual Cash Value Loss Settlement
Buildings that are not eligible for the Replacement Cost Loss
Settlement provision are treated under the Actual Cash Value Loss Settlement
provision, which provides compensation based on “[t]he cost to replace an
insured item of property at the time of loss, less the value of its physical
depreciation” and less the policy deductible.
Significantly, the Actual Cash Value Loss Settlement provision
does not provide for a separate and distinct method to calculate the amount of
the loss—it only provides a different approach to compensate for the loss. This
principle appears to have caused confusion and requires clarification. If the
damage has not been repaired, the amount of the loss is determined by the
adjustment based on principles set forth in the Standard Flood Insurance
Policy, other guidance, and on the supported and verifiable estimate prepared
by the adjuster and, when available, receipts, and other data showing the
estimated cost of repair to further support the adjuster’s estimate. If repairs
have been completed, it is the policyholder’s responsibility to prove that the
amounts paid on the claim plus the value of the deductible(s) and any
applicable physical depreciation[1]
were spent to repair or replace covered flood damage. This only can be done by
presenting receipts, paid bills, paid invoices, and canceled checks. The amount
of loss cannot be determined on an estimate that is not fully supported by the
proof discussed above. Any part of a
claim or estimate not fully supported by documented proof cannot be presented
for payment— statements without supporting documentation are insufficient to
justify payment of NFIP funds.
The NFIP insurer may hire CPAs or other
financial experts to calculate the amount actually spent plus the value of the
deductible(s) and applicable depreciation. Only once the value of the loss has
been determined, either with receipts documenting repairs and/or a contractor’s
estimate of new damage that has not yet been repaired but has been verified,
can the NFIP insurer calculate the replacement cost or actual cash value loss
additional payment, as appropriate. The starting point for either methodology
of calculating the settlement amount is the same—the replacement cost of flood
damaged insured property with no deduction for the deductible and applicable
depreciation. Under the Replacement Cost Loss Settlement provision, no
deduction for the value of physical depreciation1 is applied to the amount of
loss, although the deductible is applied. Under the Actual Cash Value Loss
Settlement provision, the amount of loss is reduced by both the value of
physical depreciation and the applicable deductible(s). This process is
consistent with the SFIP’s “Our Options After a Loss” clause, 44 C.F.R. Part
61, App. A(1), § VII(K) and (V).
A second issue also needs clarification. Where repairs have
been made before a request for additional payment is submitted, the NFIP
Insurer must determine that funds previously provided were spent to make
repairs and that the supplemental request does not duplicate the prior payment.
Once payment is made to the policyholder, the NFIP has no control over the use
of the funds. The policyholder may use the funds to repair the covered loss,
repair losses that are not covered by the SFIP, or for any other use. Also, the
deductible and any applicable depreciation are the responsibility of the
policyholder and cannot be reimbursed as a part of any additional payment(s).
Accordingly, a policyholder’s lack of funds to complete repairs does not per se
show an underpayment.
To be eligible for additional NFIP payment, the
policyholder must document that funds previously paid were used to repair or
replace covered damage and must show with specificity that additional funds to
repair covered damage are required. The NFIP insurer should carefully review
the evidence of actual loss, together with paid receipts, paid invoices,
canceled checks, and other evidence of payment for repairs, to ensure that the
insured is not seeking duplicate payments, payment for uncovered losses, or the
values of applicable deprecation and the deductible(s) in a request for
additional payment.
A third issue that requires clarification is the appropriate
use and representation of FEMA’s Underwriting and Claims Operation Review Tool
(U-CORT) and the meaning of recent revisions to the U-CORT template. U-CORT is
a computer-based program designed to document information for operational
reviews that is also used for the granting of a waiver of the SFIP’s time
requirement for policyholders to send the Proof of Loss to their NFIP insurer. The NFIP Insurer documents the basis for a
request for a waiver through the use of U-CORT, thus facilitating the
expeditious resolution of claims. The revisions to the FEMA U-CORT template
merely asks and reminds NFIP insurers of factors they already evaluate during
the claim process and prior to making the waiver request.
Any questions or comments should be directed to Russell M.
Tinsley, AIC. Mr. Tinsley’s email address is Russell.Tinsley@fema.dhs.gov.
Once again we ask for your cooperation.
cc: Vendors, Government Technical Representatives, IBHS
[1] SFIP Dwelling Form, Section VII, V.4 list the types of
property that are always settled at Actual Cash Value regardless of the
applicable Loss Settlement provision. Notably, the list includes appliances,
carpets, and carpet pads, outdoor awnings, outdoor antennas or aerials, and
other outdoor equipment.
FEMA: ANY PART OF A CLAIM OR ESTIMATE NOT FULLY SUPPORTED BY DOCUMENTED PROOF CANNOT BE PRESENTED FOR PAYMENT— STATEMENTS WITHOUT SUPPORTING DOCUMENTATION ARE INSUFFICIENT TO JUSTIFY PAYMENT OF NFIP FUNDS.
FEMA: Any part of a claim or estimate not fully
supported by documented proof cannot be presented for payment— statements
without supporting documentation are insufficient to justify payment of NFIP
funds.
On November 20, 2014, FEMA issued some additional
clarifications to facilitate the handling of flood claims for settlement
purposes . It is very important for the
policyholders to provide receipts and other backup to support their expenses
when they performed repairs prior to the claim being approved by FEMA. FEMA will require actual receipts, paid
bills, paid invoices, cancelled checks and the like to support payment
Here is the memo.
U.S. Department of Homeland Security 500 C St. SW Washington, D.C. 20472
W-14058
November 20, 2014
MEMORANDUM FOR: Write
Your Own (WYO) Company Principal Coordinators and the
National Flood Insurance Program (NFIP) Servicing Agent
SUBJECT: Clarification on: 1) Application of the Dwelling Form
Loss Settlement Clause; 2) Use of Flood Insurance Claims Proceeds; and 3)
FEMA’s Underwriting and Claims Operation Review Tool (U-CORT) November 20, 2014
This Bulletin addresses
the application of the Loss Settlement Clause of the Standard Flood Insurance
Policy (SFIP) Dwelling Form, 44 C.F.R. Part 61, App. A(1), § VII(V).
Specifically, it explains the application of the Loss Settlement Clause to the
settlement of claims when there is direct physical loss by or from flood to the
policyholder’s insured property.
The Loss Settlement Clause sets forth three methods of settling
insured losses: Replacement Cost Loss Settlement, Special Loss Settlement, and
the Actual Cash Value Loss Settlement. This Bulletin addresses the application
of the Replacement Cost Loss Settlement and Actual Cash Value Loss Settlement
provisions.
Replacement Cost Loss Settlement
For dwellings that qualify for the Replacement Cost Loss
Settlement, the NFIP will pay to repair or replace the damaged dwelling, after
applying the deductible but without deducting the value of its physical
depreciation, in an amount equal to either:
(1) The limit of liability for building coverage as shown on
the policyholder’s Declaration Page;
(2) The replacement cost of that part of the dwelling that was
damaged, with materials of like kind and quality, and for like use; or
(3) The necessary amount actually spent to repair or replace
the damaged part of the dwelling for like use.
Applying this provision, the NFIP will pay the least of those
three amounts.
Questions related to the Replacement Cost Loss Settlement
provision often relate to eligibility for additional payment after repairs and
initial payment has been made based on an estimate of replacement cost, and a
policyholder seeks additional payment based on the actual cost of repairs. The
policyholder is eligible for payment based on actual costs, and the NFIP
insurer will need documentation of the actual costs in order to make the
additional payment. FEMA will require actual receipts, paid bills, paid
invoices, cancelled checks and the like to support payment. If repairs have
been completed, it is the policyholder’s responsibility to prove that the claim
amounts paid plus the value of the deductible(s) and any applicable physical
depreciation were spent to repair or replace covered flood damage.
Actual Cash Value Loss Settlement
Buildings that are not eligible for the Replacement Cost Loss
Settlement provision are treated under the Actual Cash Value Loss Settlement
provision, which provides compensation based on “[t]he cost to replace an
insured item of property at the time of loss, less the value of its physical
depreciation” and less the policy deductible.
Significantly, the Actual Cash Value Loss Settlement provision
does not provide for a separate and distinct method to calculate the amount of
the loss—it only provides a different approach to compensate for the loss. This
principle appears to have caused confusion and requires clarification. If the
damage has not been repaired, the amount of the loss is determined by the
adjustment based on principles set forth in the Standard Flood Insurance
Policy, other guidance, and on the supported and verifiable estimate prepared
by the adjuster and, when available, receipts, and other data showing the
estimated cost of repair to further support the adjuster’s estimate. If repairs
have been completed, it is the policyholder’s responsibility to prove that the
amounts paid on the claim plus the value of the deductible(s) and any
applicable physical depreciation[1]
were spent to repair or replace covered flood damage. This only can be done by
presenting receipts, paid bills, paid invoices, and canceled checks. The amount
of loss cannot be determined on an estimate that is not fully supported by the
proof discussed above. Any part of a
claim or estimate not fully supported by documented proof cannot be presented
for payment— statements without supporting documentation are insufficient to
justify payment of NFIP funds.
The NFIP insurer may hire CPAs or other
financial experts to calculate the amount actually spent plus the value of the
deductible(s) and applicable depreciation. Only once the value of the loss has
been determined, either with receipts documenting repairs and/or a contractor’s
estimate of new damage that has not yet been repaired but has been verified,
can the NFIP insurer calculate the replacement cost or actual cash value loss
additional payment, as appropriate. The starting point for either methodology
of calculating the settlement amount is the same—the replacement cost of flood
damaged insured property with no deduction for the deductible and applicable
depreciation. Under the Replacement Cost Loss Settlement provision, no
deduction for the value of physical depreciation1 is applied to the amount of
loss, although the deductible is applied. Under the Actual Cash Value Loss
Settlement provision, the amount of loss is reduced by both the value of
physical depreciation and the applicable deductible(s). This process is
consistent with the SFIP’s “Our Options After a Loss” clause, 44 C.F.R. Part
61, App. A(1), § VII(K) and (V).
A second issue also needs clarification. Where repairs have
been made before a request for additional payment is submitted, the NFIP
Insurer must determine that funds previously provided were spent to make
repairs and that the supplemental request does not duplicate the prior payment.
Once payment is made to the policyholder, the NFIP has no control over the use
of the funds. The policyholder may use the funds to repair the covered loss,
repair losses that are not covered by the SFIP, or for any other use. Also, the
deductible and any applicable depreciation are the responsibility of the
policyholder and cannot be reimbursed as a part of any additional payment(s).
Accordingly, a policyholder’s lack of funds to complete repairs does not per se
show an underpayment.
To be eligible for additional NFIP payment, the
policyholder must document that funds previously paid were used to repair or
replace covered damage and must show with specificity that additional funds to
repair covered damage are required. The NFIP insurer should carefully review
the evidence of actual loss, together with paid receipts, paid invoices,
canceled checks, and other evidence of payment for repairs, to ensure that the
insured is not seeking duplicate payments, payment for uncovered losses, or the
values of applicable deprecation and the deductible(s) in a request for
additional payment.
A third issue that requires clarification is the appropriate
use and representation of FEMA’s Underwriting and Claims Operation Review Tool
(U-CORT) and the meaning of recent revisions to the U-CORT template. U-CORT is
a computer-based program designed to document information for operational
reviews that is also used for the granting of a waiver of the SFIP’s time
requirement for policyholders to send the Proof of Loss to their NFIP insurer. The NFIP Insurer documents the basis for a
request for a waiver through the use of U-CORT, thus facilitating the
expeditious resolution of claims. The revisions to the FEMA U-CORT template
merely asks and reminds NFIP insurers of factors they already evaluate during
the claim process and prior to making the waiver request.
Any questions or comments should be directed to Russell M.
Tinsley, AIC. Mr. Tinsley’s email address is Russell.Tinsley@fema.dhs.gov.
Once again we ask for your cooperation.
cc: Vendors, Government Technical Representatives, IBHS
[1] SFIP Dwelling Form, Section VII, V.4 list the types of
property that are always settled at Actual Cash Value regardless of the
applicable Loss Settlement provision. Notably, the list includes appliances,
carpets, and carpet pads, outdoor awnings, outdoor antennas or aerials, and
other outdoor equipment.
FERC APPROVES THE CONSTITUTION PIPELINE SUBJECT TO LARGE NUMBER OF ENVIRONMENTAL AND CONSTRUCTION CONDITIONS
FERC
APPROVES THE Constitution Pipeline SUBJECT TO A LARGE NUMBER OF ENVIRONMENTAL AND CONSTRUCTION CONDITIONS
Further, as set
forth in the environmental discussion below, we agree with the conclusion in
the Environmental Impact Statement (EIS) that, if constructed and operated in
accordance with applicable laws and regulations, the projects will result in
some adverse environmental impacts, but that these impacts will be reduced to
less-than-significant levels with the implementation of Constitution’s and
Iroquois’ proposed mitigation and staff’s recommendations (now adopted as
conditions in the attached Appendix A of the order. Therefore, for the reasons
stated below, we grant the requested authorizations, subject to conditions.
_______________________________________________________
ORDER ISSUING
CERTIFICATES AND APPROVING ABANDONMENT
(Issued December 2, 2014)
On June 13, 2013, Constitution Pipeline Company, LLC
(Constitution) filed an application in Docket No. CP13-499-000, pursuant to
section 7(c) of the Natural Gas Act (15 U.S.C. § 717f(c) (2012))(NGA) and Part
157 of the Commission’s regulations, (18 C.F.R. Pt. 157 (2014)) for
authorization to construct and operate an approximately 124-mile-long, 30-inch
diameter interstate pipeline and related facilities extending from two receipt
points in Susquehanna County, Pennsylvania, to a proposed interconnection with
Iroquois Gas Transmission System, L.P. (Iroquois) in Schoharie County, New
York. The proposed pipeline is designed to provide up to 650,000 dekatherms
(Dth) per day of firm transportation service. In addition, Constitution seeks
authorization to enter into a capacity lease agreement whereby Iroquois will
construct the compression necessary for Constitution to deliver the natural gas
from the terminus of the proposed interstate pipeline into both Iroquois and
Tennessee Gas Pipeline Company, L.L.C. (Tennessee) and Iroquois will lease to
Constitution the incremental capacity associated with the proposed compression
(together, the Constitution Pipeline Project). Constitution also requests a
blanket certificate under Part 284, Subpart G of the Commission's regulations
to provide open-access transportation services and a blanket certificate under
Part 157, Subpart F of the Commission's regulations to perform certain routine
construction activities and operations.
Concurrently, Iroquois filed an application in Docket No.
CP13-502-000, pursuant to section 7(c) of the NGA and Part 157 of the
Commission’s regulations, for authorization to construct and operate
compression facilities and modify existing facilities at its Wright Compressor
Station in Schoharie County (Wright Interconnection Project). Iroquois also
seeks authorization under section 7(b) of the NGA3 to abandon by lease to
Constitution the incremental capacity associated with the project.
As explained herein, we find that the benefits the Constitution
Pipeline Project and the Wright Interconnection Project will provide to the
market outweigh any adverse effects on existing shippers, other pipelines and
their captive customers, and on landowners and surrounding communities.
Further, as set forth in the environmental discussion below, we agree with the
conclusion in the Environmental Impact Statement (EIS) that, if constructed and
operated in accordance with applicable laws and regulations, the projects will
result in some adverse environmental impacts, but that these impacts will be
reduced to less-than-significant levels with the implementation of
Constitution’s and Iroquois’ proposed mitigation and staff’s recommendations
(now adopted as conditions in the attached Appendix A of the order. Therefore,
for the reasons stated below, we grant the requested authorizations, subject to
conditions.
_____________________________________________________________________
The final EIS concludes that if the projects are constructed
and operated in accordance with applicable laws and regulations, the projects
will result in some adverse environmental impacts. However, these impacts
described in the EIS will be reduced to less-than-significant levels with the
implementation of Constitution’s and Iroquois’ proposed mitigation and staff’s
recommendations (now adopted as conditions in the attached Appendix of this
order). Major issues of concern addressed in the final EIS are summarized below
and include: construction in areas of karst geology; waterbodies and wetlands;
interior forests and migratory birds; invasive plant species, compliance
enforcement; rare bat species; homeowners’ insurance and property values;
safety; induced development of natural gas production; cumulative impacts; and
alternatives.
___________________________________________________________
Conclusion
146. We have reviewed the information and analysis contained in
the final EIS regarding potential environmental effects of the Constitution
Pipeline and Wright Interconnect Projects. Based on our consideration of this
information and the discussion above, we agree with the conclusions presented
in the final EIS and find that the projects, if constructed and operated as
described in the final EIS, are environmentally acceptable actions. We are
accepting the environmental recommendations in the final EIS and are including
them as conditions in the appendix to this order.
147. Any state or local permits issued with respect to the
jurisdictional facilities authorized herein must be consistent with the
conditions of this certificate. The Commission encourages cooperation between
interstate pipelines and local authorities. However, this does not mean that
state and local agencies, through application of state or local laws, may
prohibit or unreasonably delay the construction or operation of facilities
approved by this Commission.[1]
148. The Commission on its own motion received and made a part
of the record in this proceeding all evidence, including the applications, as
supplemented, and exhibits thereto, and all comments submitted, and upon consideration
of the record,
The Commission orders:
(A) A certificate of public convenience and necessity is issued
authorizing Constitution to construct and operate the Constitution Pipeline
Project, as described in this order and in the application in Docket No.
CP13-499-000.
(B) A blanket construction certificate is issued to
Constitution under Subpart F of Part 157 of the Commission’s regulations.
(C) A blanket transportation certificate is issued to
Constitution under Subpart G of Part 284 of the Commission’s regulations.
(D) A certificate of public convenience and necessity is issued
authorizing Iroquois to construct and operate the Wright Interconnect Project,
as more fully described in this order and in the application in Docket No.
CP13-502-000.
(E) The certificate authority issued in Ordering Paragraphs (A)
and (D) shall be conditioned on the following:
(1) Applicants’ completion of the authorized construction of
the proposed facilities and making them available for service within 24 months
from the date of this order, pursuant to section 157.20(b) of the Commission’s
regulations;
(2) Applicants’ compliance with all applicable Commission
regulations under the NGA including, but not limited to, Parts 154 and 284, and
paragraphs (a), (c), (e), and (f) of section 157.20 of the regulations;
(3) Applicants’ compliance with the environmental conditions
listed in the appendix to this order.
(F) Applicants shall notify the Commission's environmental
staff by telephone or facsimile of any environmental noncompliance identified
by other federal, state, or local agencies on the same day that such agency
notifies an applicant. Applicants shall file written confirmation of such
notification with the Secretary of the Commission within 24 hours
(G) Constitution shall execute firm contracts for the capacity
levels and terms of service represented in signed precedent agreements, prior
to commencing construction.
(H) Iroquois shall execute the Capacity Lease Agreement with
Constitution, prior to commencing construction, and file it with the Commission
at least 30 days prior to its effective date.
(I) Constitution’s initial rates and tariff are approved, as
conditioned and modified in this order. Constitution is required to file actual
tariff records reflecting the initial rates and tariff that comply with the
requirements contained in the body of this order not less than 30 days, and not
more than 60 days, prior to the date the proposed project goes into service.
(J) As discussed in the body of this order, within three years
after its in-service date, Constitution must make a filing to justify its
existing cost-based firm and interruptible recourse rates. In the alternative,
in lieu of such filing, Constitution may make an NGA section 4 filing to
propose alternative rates to be effective no later than three years after the
in-service date for its proposed facilities.
(K) A certificate of public convenience and necessity is issued
to Constitution authorizing it to lease capacity from Iroquois, as described
and conditioned herein.
(L) Iroquois is authorized to abandon by lease to Constitution
capacity on Iroquois’ system, as described and conditioned and herein.
(M) Iroquois shall notify the Commission within 10 days of the
date of abandonment of the capacity leased to Constitution.
(N) Iroquois shall make a NGA section 4 filing to revise its
MV/FU Factor tariff provision at least 60 days before the commencement of
service for the Wright Interconnect Project.
(O) The late, unopposed motions to intervene filed before
issuance of this order in each respective docket are granted.
(P) The requests for an evidentiary hearing are denied.
By the Commission.
( S E A L )
Kimberly D. Bose,
Secretary.
_________________________________________________________
Environmental Conditions
As recommended in the final
environmental impact statement and otherwise amended herein, this authorization
includes the following conditions. The section number in parentheses at the end
of a condition corresponds to the section number in which the measure and
related resource impact analysis appears in the final EIS.
1. The Applicants (Constitution
Pipeline Company, LLC and Iroquois Gas Transmission, L.P., jointly) shall each
follow the construction procedures and mitigation measures described in their
application and supplements, including responses to staff data requests and as
identified in the EIS, unless modified by the Order. The Applicants must: a.
request any modification to these procedures, measures, or conditions in a filing
with the Secretary of the Commission (Secretary);
b. justify each modification
relative to site-specific conditions;
c. explain how that modification
provides an equal or greater level of environmental protection than the
original measure; and
d. receive approval in writing
from the Director of the Office of Energy Projects (OEP) before using that
modification.
2. The Director of OEP has
delegated authority to take whatever steps are necessary to ensure the
protection of all environmental resources during construction and operation of
the projects. This authority shall allow: a. the modification of conditions of
the Order; and
b. the design and implementation
of any additional measures deemed necessary (including stop-work authority) to
ensure continued compliance with the intent of the environmental conditions as
well as the avoidance or mitigation of adverse environmental impact resulting
from construction and operation of the projects.
3. Prior to any construction,
the Applicants shall each file an affirmative statement with the Secretary,
certified by a senior company official, that all company personnel,
environmental inspectors (EIs), and contractor personnel will be informed of
the EIs’ authority and have been or will be trained on the implementation of
the environmental mitigation measures appropriate to their jobs before becoming
involved with construction and restoration activities.
4. The authorized facility
locations shall be as shown in the EIS, as supplemented by filed alignment sheets.
As soon as they are available, and before the start of construction, the
Applicants shall file any revised detailed survey alignment maps/sheets at a scale not
smaller than 1:6,000 with station positions for all facilities approved by the
Order. All requests for modifications of environmental conditions of the Order
or site-specific clearances must be written and must reference locations
designated on these alignment maps/sheets.
Constitution’s exercise of
eminent domain authority granted under Natural Gas Act (NGA) Section 7(h) in
any condemnation proceedings related to the Order must be consistent with these
authorized facilities and locations. Constitution’s right of eminent domain
granted under NGA Section 7(h) does not authorize it to increase the size of
its natural gas pipeline to accommodate future needs or to acquire a
right-of-way for a pipeline to transport a commodity other than natural gas.
5. The Applicants shall file
detailed alignment maps/sheets and aerial photographs at a scale not smaller
than 1:6,000 identifying all route realignments or facility relocations, and
staging areas, contractor yards, new access roads, and other areas that would
be used or disturbed and have not been previously identified in filings with
the Secretary. Approval for each of these areas must be explicitly requested in
writing. For each area, the request must include a description of the existing
land use/cover type, and documentation of landowner approval, whether any
cultural resources or federally listed threatened or endangered species would
be affected, and whether any other environmentally sensitive areas are within
or abutting the area. All areas shall be clearly identified on the
maps/sheets/aerial photographs. Each area must be approved in writing by the
Director of OEP before construction in or near that area.
This requirement does not apply
to extra workspace allowed by the Applicants’ Upland Erosion Control and
Maintenance Plans and/or minor field realignments per landowner needs and
requirements which do not affect other landowners or sensitive environmental
areas such as wetlands.
Examples of alterations
requiring approval include all route realignments and facility location changes
resulting from:
a. implementation of cultural
resources mitigation measures;
b. implementation of endangered,
threatened, or special concern species mitigation measures;
c. recommendations by state
regulatory authorities; and
d. agreements with individual
landowners that affect other landowners or could affect sensitive environmental
areas.
Within 60 days of the
acceptance of the Certificate and before construction begins, the Applicants shall file their respective
Implementation Plans for review and written approval by the Director of OEP.
The Applicants must file revisions to their plans as schedules change. The
plans shall identify: a. how the Applicants will implement the construction procedures
and mitigation measures described in its application and supplements (including
responses to staff data requests), identified in the EIS, and required by the
Order;
b. how the Applicants will
incorporate these requirements into the contract bid documents, construction
contracts (especially penalty clauses and specifications), and construction
drawings so that the mitigation required at each site is clear to onsite
construction and inspection personnel;
c. the number of EIs assigned,
and how the company will ensure that sufficient personnel are available to
implement the environmental mitigation;
d. company personnel, including
EIs and contractors, who will receive copies of the appropriate material;
e. the location and dates of the
environmental compliance training and instructions the Applicants will give to
all personnel involved with construction and restoration (initial and refresher
training as the projects progress and personnel change) with the opportunity
for OEP staff to participate in the training sessions;
f. the company personnel (if
known) and specific portion of the Applicant’s organization having
responsibility for compliance;
g. the procedures (including use
of contract penalties) the Applicants will follow if noncompliance occurs; and
h. for each discrete facility, a
Gantt or PERT chart (or similar project scheduling diagram), and dates for:
(1) the completion of all
required surveys and reports;
(2) the environmental compliance
training of onsite personnel;
(3) the start of construction;
and
(4) the start and completion of
restoration.
7. Beginning with the filing of
its Implementation Plan, Constitution shall file updated status reports with
the Secretary on a weekly basis until all construction and restoration
activities are complete. Iroquois shall file updated status reports with
the Secretary on a monthly basis until construction and restoration
activities are complete. On request, these status reports will also be
provided to other federal and state agencies
with permitting responsibilities. Status reports shall include: a. an update on
the Applicant’s efforts to obtain the necessary federal authorizations;
b. the construction status of
the projects, work planned for the following reporting period, and any schedule
changes for stream crossings or work in other environmentally sensitive areas;
c. a listing of all problems
encountered and each instance of noncompliance observed by the EIs during the
reporting period (both for the conditions imposed by the Commission and any
environmental conditions/permit requirements imposed by other federal, state,
or local agencies);
d. a description of corrective
actions implemented in response to all instances of noncompliance, and their
cost;
e. the effectiveness of all
corrective actions implemented;
f. a description of any
landowner/resident complaints that may relate to compliance with the
requirements of the Order, and the measures taken to satisfy their concerns;
and
g. copies of any correspondence
received by the Applicants from other federal, state, or local permitting
agencies concerning instances of noncompliance, and the Applicant’s response.
8. Prior to receiving written
authorization from the Director of OEP to commence construction of their
respective project facilities, the Applicants shall file documentation that
they have received all applicable authorizations required under federal law (or
evidence of waiver thereof).
9. The Applicants must receive
written authorization from the Director of OEP before placing their
respective projects into service. Such authorization will only be granted
following a determination that rehabilitation and restoration of areas affected
by the projects are proceeding satisfactorily.
10. Within 30 days of placing
the authorized facilities in service, each Applicant shall file an
affirmative statement with the Secretary, certified by a senior company
official: a. that the facilities have been constructed in compliance with all
applicable conditions, and that continuing activities will be consistent with
all applicable conditions; or
b. identifying which of the
Certificate conditions the Applicant has complied or will comply with. This
statement shall also identify any areas affected by the projects where
compliance measures were not properly implemented, if not previously identified
in filed status reports, and the reason for noncompliance.
11. Constitution shall adopt the
minor route variations and/or modifications of construction methods for the
tracts specified in table 3.4.3-1 and as depicted in Appendix H-2A of the EIS
(except for TRK# 478.0 as identified in Constitution’s October 31, 2014
filing). As part of its Implementation Plan, Constitution shall file with the
Secretary updated alignment sheets incorporating these minor route variations
and modifications of construction methods prior to the start of construction.
(section 3.4.3.2)
12. Constitution shall adopt the
minor route variations and/or modifications of construction methods for the
tracts specified in table 3.4.3-2 and as depicted in Appendix H-2B of the EIS
(except for TRK#s 892.0, 893.0, 902.0, 895.0, 897.0, 898.0, as identified in
Constitution’s October 31, 2014 filing). As part of its Implementation Plan,
Constitution shall file with the Secretary updated alignment sheets
incorporating these minor route variations, and modifications of construction
methods, prior to the start of construction. (section 3.4.3.2)
13. Constitution shall adopt the
minor route variation for tracts UA-NY-CH-015.001, NY-CH-015.000, and
NY-CH-016.000 as specified in table 3.4.3-3 and as depicted in Appendix H-3A of
the EIS. Constitution shall file updated alignment sheets incorporating this
minor route variation with the Secretary prior to the start of construction.
(section 3.4.3.3)
14. Prior to construction, Constitution
shall file with the Secretary all outstanding geotechnical feasibility studies
for trenchless crossing locations. (section 4.1.1.2)
15. Constitution shall adopt the
recommendations and mitigation measures for steep slope and karst areas
provided in the Geological Reconnaissance Memorandum dated October 4, 2013. (section
4.1.3.4)
16. Constitution shall employ a
geotechnical expert to identify and develop mitigation measures (where
applicable) regarding potential landslide hazards during construction of the
pipeline. (section 4.1.3.4)
17. Constitution shall adhere to
a maximum allowable construction equipment rutting depth of 4 inches in
saturated agricultural areas, where Constitution has not segregated topsoil
across the full right-of-way width. (section 4.2.4)
18. Prior to conducting any
agricultural restoration between October 1 and May 15, Constitution shall
determine soil workability in consultation with the FERC, the NYSDAM, and the
agricultural inspector (AI) for all New York agricultural parcels. (section
4.2.4)
19. Prior to construction, Constitution
shall file with the Secretary the location of all water wells and springs
within 150 feet of the pipeline and aboveground facilities. (section
4.3.1.5)
Prior to construction, Constitution shall file with the Secretary the results
of water wells, waterbodies, and wetlands surveys for all proposed contractor
yards not previously filed, as well as the status of any required agency
consultations. (section 4.3.2)
21. Constitution shall not
permanently fill any waterbodies or wetlands for the use of access roads. (section
4.3.3.1)
22. During construction of
the project, Constitution shall not clear any trees between the workspaces
for Direct Pipe entry and exit sites [or horizontal directional drill (HDD), if
subsequently proposed]. To facilitate the use of the Direct Pipe (or HDD)
tracking system or acquisition of water for makeup of the Direct Pipe (or HDD)
slurry, Constitution may employ minor brush clearing, less than 3 feet wide
between workspaces, using hand tools only. During operation, Constitution shall
not conduct any routine vegetation maintenance in these areas. (section
4.4.3)
23. Prior to construction,
Constitution shall file with the Secretary, for review and written approval of
the Director of the OEP, a final Migratory Bird and Upland Forest Plan developed
in consultation with the U.S. Fish and Wildlife Service, the New York State
Department of Environmental Conservation, the Pennsylvania Department of
Conservation and Natural Resources, and the PGC. The final plan shall include a
discussion of compliance with the Migratory Bird Treaty Act (MBTA) and Bald and
Golden Eagle Protection Act (BGEPA); measures to avoid, reduce, or minimize
unavoidable impacts on forests and migratory birds; and establishment of
mitigation plans for conservation of migratory bird habitat. (section
4.5.3.1)
24. Constitution shall conduct
invasive species monitoring within the maintained right-of-way for 3 years following
successful completion of revegetation as determined by the FERC staff based on
the FERC staff’s post-construction monitoring inspections. Constitution shall
file a report documenting the monitoring results after the 3 year period.
Constitution shall not move mowing and maintenance equipment from an area where
known invasive species have been encountered during operation of the project
unless it is cleaned prior to moving. (section 4.5.4)
25. Prior to construction, Constitution
shall file with the Secretary the final, complete results of its invasive plant
surveys and the planned locations of weed wash stations for review and written
approval of the Director of OEP. (section 4.5.3)
26. Immediately prior to any
vegetation clearing to be conducted between April 1 and August 31,
Constitution shall conduct nest surveys for birds of conservation concern
performed by qualified personnel within areas proposed for clearing.
Constitution shall file the results of the surveys with the Secretary and
provide a buffer around any active nests to avoid potential impacts until the
young have fledged. (section 4.6.1.3)
27. Prior to in-stream
blasting at any waterbody crossing, Constitution shall file with the
Secretary for review and approval of the Director of OEP, a site-specific
Blasting Plan that provides protocols for in-stream blasting and the protection
of the fisheries and aquatic resources and habitat. These plans shall be
developed in consultation with applicable state resource agencies. (section
4.6.2.3)
28. Constitution shall not
withdraw water from Starrucca Creek outside of the Pennsylvania Fish and Boat
Commission (PFBC) recommended in-stream work window of June 16 through February
28, or shall provide the PFBC approval to withdraw water outside this window. Prior
to construction, Constitution shall also file with the Secretary copies of
consultation with the NYSDEC regarding the potential to withdraw water from
Oquaga, Ouleout, Kortright, and Schoharie Creeks, as well as any timing
restrictions placed on water withdrawal at those locations. (section
4.6.2.3)
29. Prior to construction, Constitution
shall develop a project- and site-specific tree clearing plan for the northern
myotis if clearing occurs between April 1 and September 30 that includes the
location of any potential roost trees in or adjacent to the construction
corridor, and as applicable incorporate the identified mitigation measures in
section 4.7.2 of the final EIS. This plan shall be filed with the Secretary for
review and written approval of the Director of OEP. (section 4.7.2)
30. Prior to construction, Constitution
shall file with the Secretary impact avoidance or effective impact minimization
or mitigation measures (e.g., utilization of trenchless crossing methods or
mussel relocation) in consultation with the FWS, the PFBC, the PGC, the PADCNR,
and the NYSDEC for any dwarf wedgemussels encountered during field surveys
and/or construction. (section 4.7.2)
31. Prior to construction, Constitution
shall file with the Secretary the results of its completed Northern monkshood
surveys and Constitution’s consultation with the FWS and the NYSDEC regarding
the results. Constitution shall file the avoidance/minimization measures it
would use in the event that Northern monkshood are found either prior to or
during construction, including:
a. avoidance of plant locations
and associated habitat, as feasible, including “necking-down” or reducing
construction footprint;
b. the feasibility of
conventional boring, direct pipe, or HDD; and
c. the feasibility of
transplanting and seed banking (only after all other options are considered). (section
4.7.2)
32. Constitution shall not begin
construction of the proposed facilities until: a. all outstanding
biological surveys have been completed;
b. the FERC staff completes any
necessary Section 7 consultation with the FWS (including a conference opinion
regarding the northern myotis); and
c. Constitution has received
written notification from the Director of OEP that construction and/or use of
mitigation (including implementation of conservation measures) may begin. (section
4.7.2)
33. Prior to construction, Constitution
shall file with the Secretary for review and written approval of the Director
of OEP the final bald eagle survey results, as well as the final bald eagle
mitigation plan, developed in consultation with the FWS, the PGC, and the
NYSDEC. The mitigation plan shall include impact avoidance or effective impact
minimization or mitigation measures for any nests encountered during the
pre-construction surveys. Specific mitigation, or approval from the applicable
agencies, shall be included for potential blasting within 0.5 mile of an active
nest. (section 4.7.3)
34. Prior to construction, Constitution
shall develop impact avoidance, minimization, or mitigation measures in
coordination with the FWS and the PGC for construction between April 1 and
October 31 to minimize impacts on the small-footed bat, silver haired bat, and
little brown bat. Constitution shall file any such measures with the Secretary.
(section 4.7.3)
35. Prior to construction,
Constitution shall file with the Secretary the results of any outstanding
surveys for New York and Pennsylvania state-listed species and identify
additional mitigation measures developed in consultation with the applicable
state agencies. (section 4.7.4)
36. Prior to construction, Constitution
shall file an updated classification of the current use of the twelve
unsurveyed structures identified in table 4.8.3-1 of the EIS within 50 feet of
the construction work area. If any of the structures are found to be occupied
residences, site-specific plans shall be developed and filed with the Secretary
for review and written approval of the Director of OEP. Also, Constitution
shall provide an updated site-specific plan for tract ALT-F-NY-SC-011.000 at
milepost 96.7 that includes adequate impact avoidance, minimization, or
mitigation measures for the septic field. (section 4.8.3.1)
37. Prior to construction,
Constitution shall confirm the distance and location of the subdivision at MP
99.3 in relation to the pipeline, and provide a site-specific plan if within 50
feet of the construction work area. (section 4.8.3.1)
38. Prior to construction, Constitution
shall file with the Secretary for review and written approval of the Director
of OEP an impact avoidance, minimization, or mitigation plan for specialty
crops (e.g., the sugar bush operation at MP 79.5), in consultation with the
landowner. (section 4.8.4.2)
No more than 60 days
following the authorization of in-service, Constitution shall file with the Secretary for review and written
approval of the Director of OEP, site-specific reports for each of the five
sites identified in table 4.8.4-6 of the EIS describing follow-up impact
assessments, description of mitigation or visual screening measures, or
justification for why no such mitigation measures were required. (section
4.8.6.2)
40. Constitution shall file with
the Secretary reports describing any documented complaints from a homeowner
that a homeowner’s insurance policy was cancelled or voided due directly to the
grant of the pipeline right-of-way or installation of the pipeline, and/or that
the premium for the homeowner’s insurance increased materially and directly as
a result of the grant of the pipeline right-of-way or installation of the
pipeline. The reports shall also identify how Constitution has mitigated the
impact. During construction these reports shall be included in
Constitution’s status reports (see condition 7 above) and in quarterly reports for
a 2 year period following in-service of the project. (section 4.9.6)
41. Constitution shall not begin
implementation of any treatment plans/measures (including archaeological data
recovery); construction of facilities; or use of staging, storage, or temporary
work areas and new or to-be-improved access roads until:
a. Constitution
files with the Secretary outstanding cultural resources survey and evaluation
reports, any necessary treatment plans, site specific protection plans, and the
Pennsylvania Historical and Museum Commission’s and New York State Office of
Parks, Recreation and Historic Preservation’s comments, as appropriate, on the
reports and plans;
b. Constitution provides
documentation that it has provided cultural resources reports to the Native
American Tribes which have requested them;
c. the Advisory Council on
Historic Preservation is provided an opportunity to comment on the undertaking
if historic properties would be adversely affected; and
d. the FERC staff reviews and
the Director of OEP approves all cultural resources survey reports and plans,
and notifies Constitution in writing that treatment plans/mitigation measures
may be implemented or construction may proceed.
All material filed with the
Secretary containing location, character, and ownership information about
cultural resources must have the cover and any relevant pages therein clearly
labeled in bold lettering: “CONTAINS PRIVILEGED INFORMATION - DO NOT
RELEASE.” (section 4.10.4)
42. Prior to Construction, Constitution
shall file with the Secretary, for review and written approval of the Director
of OEP, updated acoustical analysis for the Direct
Pipe crossing locations 1
through 5. Constitution shall include site-specific plans detailing any noise
mitigation measures Constitution would use to ensure that the noise levels
attributable to the Direct Pipe activities do not exceed a day-night sound
level (Ldn) of 55 decibels on the A-weighted scale (dBA) and/or increase noise
over ambient conditions greater than 10 decibel (dB) at any noise sensitive
area (NSA). (section 4.11.2.3)
43. Iroquois shall file a noise
survey with the Secretary no later than 60 days after placing the
authorized units at the Wright Compressor Station in service. If a full load
condition noise survey is not possible, Iroquois shall provide an interim
survey at the maximum possible horsepower load and provide the full load survey
within 6 months. If the noise attributable to the operation of all of
the equipment at the Wright Compressor Station under interim or full horsepower
load conditions exceeds an Ldn of 55 dBA at any nearby NSAs, Iroquois shall file a
report on what changes are needed and shall install the additional noise
controls to meet the level within 1 year of the in-service date.
Iroquois shall confirm compliance with the above requirement by filing a second
noise survey with the Secretary no later than 60 days after it installs
the additional noise controls. (section 4.11.2.3)
[1] See,
e.g., Schneidewind v. ANR Pipeline Co., 485 U.S. 293 (1988); National Fuel Gas
Supply v. Public Service Comm’n, 894 F.2d 571 (2d Cir. 1990); Iroquois Gas
Transmission System, L.P., 52 FERC ¶ 61,091 (1990) and 59 FERC ¶ 61,094 (1992).