Comment of Allegheny Defense Project under CP14-497.

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION Dominion Transmission, Inc. Docket No. CP14-497-000 COMMENTS OF ALLEGHENY DEFENSE PROJECT The following comments are provided on behalf of the Allegheny Defense Project regarding the Federal Energy Regulatory Commissions (FERC) environmental assessment (EA) for Dominion Transmissions (Dominion) proposed New Market Project (Project). Dominion proposes to construct and operate two new compressor stations near Pennsylvanias shale gas fields in the southern tier of New York. See EA at 1. Dominion further proposes modifications at three existing compressor stations (including adding compression at one of these stations) and at an existing meter station. I. FERC failed to consider the indirect effects of gas drilling in the Marcellus and Utica shale formations. According to Dominion, the Project is designed to provide natural gas firm transportation services in Pennsylvania (PA) and NY, creating increased access for production in this region to major natural gas markets of the Northeast and Mid-Atlantic regions[.] Application at 1 (emphasis added). Since New York has banned shale gas development, it is highly likely that the majority of shale gas that will be produced for the Project will be sourced from Pennsylvanias shale gas fields, impacting Pennsylvanias land, water and air. FERC, however, failed to even consider the increased production that is likely to result from authorization of this Project as an indirect effect in the EA. Indirect effects are: 1 implementing regulations are to be strictly interpreted to the fullest extent possible in accord with the policies embodied in the Act.[g]rudging, pro forma compliance will not do.) (citations omitted)). FERCs failure to even consider induced shale gas drilling as an indirect effect of the Project require[s] the public, rather than [FERC] to ascertain the Projects effects and turns NEPA on its head. In its application, Dominion states that the Project is designed to provide its customers with increased access for production in this region. Application at 1. Dominion further states that the Customers will enter into service agreements commencing on or before November 1, 2016 for firm transportation service for a primary term of 15 years. Application, Ex. I at 2. This is a long-term agreement that can reasonably be expected to require future drilling to satisfy. 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 ...