DEC Opposes Filings for Proposed Constitution Pipeline

ALBANY — An issue many local communities thought was a dead issue, has resurfaced after a dozen years. As 

solar projects sit idle, the highly controversial Constitution Pipeline proposal has been rekindled to help meet energy demands and supply natural gas to the Northeast.

Information packets have been sent to the towns and counties involved along the proposed 126-mile route of the pipeline. The pipeline originates in Susquehanna County in Pennsylvania and runs through Broome, Chenango, Delaware and Schoharie Counties in New York. It ends at theWright Compressor station in Schoharie County where it would interconnect.

Williams Companies Inc., which owns the interstate natural gas transmission pipeline, has submitted an application for Certificate of Public Convenience and Necessity to the Federal Energy Regulatory Commission (FERC) to operate and construct its Constitution Pipeline. 

They filed a certificate of reissuance in December and a Notice of Petition was issued by FERC on Jan. 8. As FERC reviews the project, there is a process for public comment.

Constitution states that the project facilities, which proposed construction of a 30-inch, 126-mile pipeline that would interconnect in the town of Wright, would match its original proposal with the exception of limited variances previously approved by the commission. The pipeline was proposed in 2012 and went through a series of public hearings and comment phases and had to address the many concerns expressed by landowners and others along  the route. It was approved in 2014.

It also requests that FERC reaffirm that the New York State Department of Environmental Conservation(DEC) waive its authority under Section 401 of the Clean Water Act by failing or refusing to act on Constitution's request for a water quality certification within one year.

Construction was stopped in 2016 when DEC denied a critical water quality permit, citing environmental concerns. 

On  January 28, DEC filed a notice with the FERC to oppose Constitution Pipeline Company, LLC’s petition to FERC to reissue a Certificate of Public  Convenience and Necessity and override DEC’s oversight authority under the Clean Water Act for the proposed pipeline project. Despite  its proposed 99 miles of pipeline that would be crossing  New York, the company is attempting to bypass critical environmental reviews and undercut New York State’s regulatory authority, according to a press release. 

DEC did not waive its Clean Water Act Section 401 authority and will explore all available  options to vigorously defend our state rights. New York will continue to take the reins to ensure the full protection of public health and our state’s natural resources.

Many local landowners objected to the pipeline dissecting their properties, the use of eminent domain, along with the dangers of pipeline transport of natural gas. Pipeline accidents occurred in the town of Davenport and in the town of Blenheim. Many also object to the process of hydraulic fracturing to remove the pockets of gas as detrimental to the environment. Fracking is illegal in New York State, but it is not illegal in Pennsylvania.

Proponents look at the production of jobs and lower energy costs as reasons to move ahead. It is also environmentally favored because gas burns cleaner and would shift away from the use of heating oil. 

If the project overcomes the hurdles, construction could begin this year, with transmission in late 2027, according to the information in the packets.

The petition, which has all of the details, is on file with FERC in Docket No. CP13-499-000 and the waiver determination in Docket No. CP18-5-000. It is available http://www.ferc.gov on the Home Page in eLibrary by typing the docket number without the last three digits in the docket number field.

The public may participate, with details available on the website. Information is also available at https://www.williams.com/expansion-project/constitution-pipeline.

Schoharie County Supervisor Chairman Bill Federice said the packets arrived on the day they were meeting in Schoharie and they put together a response and have filed for intervener status.

Davenport Supervisor Tim Kelso said it will be on the agenda for the town board's Feb. 17 meeting.