Comment of Allegheny Defense Project, FreshWater Accountability Project, Heartwood, and Ohio Valley Environmental Coalition under CP14-553, et al

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION In the Matter of ) Docket No. CP14-553-000 Texas Gas Transmission, LLC ) Docket No. CP15-14-000 COMMENTS OF ALLEGHENY DEFENSE PROJECT, FRESHWATER ACCOUNTABILITY PROJECT, HEARTWOOD, AND OHIO VALLEY ENVIRONMENTAL COALITION The following comments are submitted on behalf of the Allegheny Defense Project, FreshWater Accountability Project, Heartwood, and Ohio Valley Environmental Coalition regarding the Federal Energy Regulatory Commissions (FERC) notices of intent to prepare environmental assessments (EA) for Texas Gas Transmissions (TGT) proposed Ohio- Louisiana Access Project and Southern Indiana Market Lateral Project (collectively, Projects). In the Ohio-Louisiana Access Project, TGT proposes to (i) construct a new compressor station in Ouachita Parish, Louisiana; (ii) modify an existing receipt meter station to allow bi-directional flow; and (iii) make certain yard and station piping modifications at the existing compressor stations in Louisiana and Indiana to allow each of the compressor stations to flow gas bi- directionally. In the Southern Indiana Market Lateral Project, TGT proposes to construct, operate, and maintain (i) a new 29.9-mile 20-inch diameter natural gas pipeline lateral; (ii) a 0.9- mile, 10-inch diameter pipeline lateral, (iii) two meter and regulator stations; and (iv) other appurtenant auxiliary facilities, extending from TGTs existing Robards Junction facilities in Henderson County, Kentucky to interconnections with two industrial facilities in Posey County, Indiana. All communications, pleadings, and orders with respect to these proceedings should be sent to: Ryan Talbott Lea Harper 5020 NE 8th Avenue FreshWater Accountability Project Portland, OR 97211 P.O. Box 473 (503) 329-9162 Grand Rapids, OH 43522 rtalbott@alleghenydefense.org wewantcleanwater@gmail.com Ernest Q. Reed Jr Vivian Stockman President OVEC Project Coordinator Heartwood P.O. Box 6753 803 Stonehenge Avenue Huntington, WV 25773 Charlottesville, VA 22902 304-522-0246 lec@wildvirginia.org vivian@ohvec.org 1 rehg, 138 FERC 61,104, at PP 33-49 (2012). An examination of the case law reveals why FERCs interpretation of its NEPA obligations is without merit. For example, the Ninth Circuit has said that an agency must consider something as an indirect effect if the agency action and the effect are two links of a single chain. Sylvester v. U.S. Army Corps of Engineers, 884 F.2d 394, 400 (9th Cir. 1989). Here, Marcellus and Utica Shale gas extraction activities and the Project are obviously two links of a single chain. Another case cited by the Sylvester court, Colorado River Indian Tribes v. Marsh, 605 F.Supp. 1425 (C.D. Cal. 1985), strongly supports this causal connection. In that case, the U.S. ...