NorCo Challenges PennEast Pipeline Over Preserved Property

Northampton County is contesting PennEast Pipeline's right to extend its 36" compressed natural gas pipeline through preserved properties in Lower Nazareth and Williams Tp despite a Federal Energy Regulatory Commission (FERC) approval on January 19, 2018. This is part of a 115-mile long pipeline, stretching from Luzerne County to New Jersey. PennEast has filed nearly 200 lawsuits in federal court, seeking to exercise eminent domain over different lands, and Northampton County is now involved in two of these suits.

First Assistant Solicitor Michael Corriere has filed pleadings that argue that the pipeline serves no "public" purpose, a requirement for eminent domain. PennEast is trying to use eminent domain for a private enterprise, not one that benefits the public.

Corriere is also requesting that no action be taken until a request for a rehearing on the pipeline is resolved.

Finally, he is arguing that the pipeline consortium has failed to offer a fair price.

He is seeking a jury trial.

Kids Say No to PennEast Pipeline

Carrying signs saying "108 miles of devastation" and "STOP the Pipeline!" about 20 PennEast Pipeline protesters ripped up proposed lease agreements yesterday during an outdoor rally at Guy Wagner's farm in Lower Nazareth Township. Above are some of the children joining in the fun. The young man whose eyes peek out above the Stop Sign is River Venini. He was joined by Tia Venini, Javis Venini, Jaycee Venini, Pipa Russell, Addy Russell, Johanna Bowers, Bella Waits and Kaia Elinich.

The PennEast Pipeline is a $1 billion, 118-mile, 36-inch diameter proposed pipeline will deliver approximately 1 billion cubic feet of natural gas per day from Wilkes-Barre, Pa. to Mercer County, New Jersey. A formal application seeking approval of the project was filed with the Federal Energy Regulatory Commission (FERC) on September 21, 2015. Construction is expected to start in 2017.

NorCo's Open Space Advisory Board Out of Touch

Yesterday, Northampton County's Open Space Advisory Board met in a meeting with Council's Open Space Committee. They were asked to weigh in on the PennEast Pipeline, and I was shocked at what at leased one member, Bill Mineo, considers important.

Nobody seriously disputes that it's coming. But what should have Northampton County residents concerned is the Bethlehem watershed, which supplies 115,000 people in Northampton County. The latest PennEast route takes it across that watershed at two locations. Bethlehem, the Bethlehem Authority, Lower Saucon Township and Hanover Townships have all agreed to send letters to the Federal Energy Regulatory Commission (FERC) about this route. My guess is that Bethlehem Township will add its voice as well.

But Mineo expressed no concern about its impact on our drinking water. He instead railed about its passage along steep slopes that are conserved in Williams Township. He complained about PennEast re-routing from a path along St. Luke's Hospital without giving "the same type of attention" to land in the middle of nowhere.

I personally believe the County should add its voice to the municipalities expressing concern about the Bethlehem watershed. I see this as the single most pressing issue about the pipeline. Mineo completely disregarded that while making a pitch for rocks and boulders.

The Open Space Advisory Board is out of touch. Though I've just criticized Mineo for his lack of  perspective, I respect his zeal and knowledge. But to be effective, the Open Space Advisory Board needs members who are a bit more open-minded.

There are currently two vacancies.

Care to apply?

Hanover Township Wants PennEast Pipeline Away From Watershed

Left to Right: Mark Tanczos, Glenn Walbert and John Diacogiannis

The latest changes made in the 114-mile route of the PennEast pipeline, which extends between Wilkes-Barre and Trenton, has Hanover Township Supervisors concerned. At their August 25 meeting, they directed Township Manager Jay Finnigan to send a letter to the Federal Energy Regulatory Commission (FERC), expressing concerns about route changes that might have a negative impact on the water supply for 115,000 Lehigh Valley residents, including those in Hanover Township. While expressing no opposition to the pipeline, Supervisors were disturbed to learn that the latest changes not only go through the watershed, but place it too close to Bethlehem Authority's water transmission line.

The pipeline was re-routed so that it can supply gas service to the Blue Mountain Ski resort.

"It is the issue of the water supply that we're concerned about," observed Supervisor Glenn Walbert.

NorCo Council Hears PennEast Pipeline Presentation

David Messersmith, of Penn State Extension, is a Governor Wolf appointee to the Pennsylvania Pipeline Infrastructure Taskforce. At their August 5 meeting, he told Northampton County Council what to expect from the proposed PennEast Pipeline, which is projected to transport natural gas a distance of 105-miles from Wilkes-Barre to Trenton, New Jersey. Its path takes it through Northampton County.

In February, Messersmith told a concerned group in Moore Township that farmers would be eligible for compensation due to lost crops.

Messersmith, who is neither advocating for or against the pipeline, noted it is one of 12 or 13 pipelines extending for 3,000 miles in Pennsylvania and surrounding states. He described PennEast Pipeline as an interstate pipeline that will be regulated at first by the Federal Energy Regulatory Commission (FERC), and later, by the US Department of Transportation (USDOT).

He described the pipe as between 20-42", with a pressure of 500-1400 psi, and capable of delivering 1 billion cubic feet of natural gas every day. The pipe will be buried 3' underground. There will be a compressor station, located north of Northampton County, along with seven interconnects or laterals. One of these will be in Northampton County, near the proposed inland rail port. He indicated the pipe will last 50-70 years without replacement.

Ninety per cent of the land acquired for this 50' wide pipeline will be acquired by private negotiation, though PennEast will have the power to use eminent domain.

What can local officials do? According to Messersmith, they sould consult with project sponsors, educate residents, increase training of first responders and adopt ordinances that manage new development near the pipeline. He indicated that FERC will likely honor the state Safe Streams Act, but not local ordinances that attempt to regulate it.

Are pipelines safe? According to Messersmith a study of safety over a 20-year period involving 10,000 miles of pipeline reveals that there are 2.6 incidents per year. Over that time, there have only been two injuries and no fatalities.

He told Lamont McClure that in New Jersey, there is a property tax assessed on the easement. In Pennsylvania, it will be assessed on the property owner.  

In Bethlehem Township, a consultant hired to study the impact of the pipeline is expected to present his findings known later this month or in September.

The Other Pa. Pipeline

Many of us in the Lehigh Valley fret over the PennEast pipeline, which will carry natural gas for 108 miles, from Wilkes-Barre to Trenton. But there's another proposed pipeline in Pa. It is called the Constitution Pipeline. It is longer, and will transport natural gas north, along a 30" pipeline, into New York. It received approval from the Federal Energy Regulatory Commission in December, and is waiting for an OK from the Army Corps of Engineers and New York DEP. Construction is tentatively scheduled for June.

Seven property owners had refused to agree to the pipeline going through their property, so approval was sought and just obtained from a U.S. District Judge in Scranton. Hizzoner's name is Malachy Mannion.

Engineer to Study PennEast Pipeline in Bethlehem Tp

Bethlehem Township Commissioners have taken no action to support or oppose the proposed PennEast Pipeline, but at their March 16 meeting, they voted unanimously to hire Carroll Engineering to identify "potential geological hazards", lifestyle risks and even provide an emergency action plan if something goes wrong. The firm will be paid a maximum of $4,745.

Solicitor Jim Broughal explained that the high pressure, 108-mile long natural gas pipeline, which extends from Wilkes-Barre, Pa. to Trenton,N.J., is still in the pre-planning stages with the Federal Energy Regulatory Commission. He added that the pipeline consortium of six natural gas companies will have to negotiate with the Township for easements over and under public rights of way.

PennEast Pipeline: "I Have a Master's Degree"

Pipeline foe Jamie Snook announced, "I have a master's degree."

Although 23 municipalities have passed resolutions or ordinances opposing the proposed 103-mile long PennEast Pipeline, Bethlehem Township is taking a different approach to the controversial conduit for natural gas conduit extending from the coal regions to New Jersey. A consultant. By a 4-0 vote, with Pat Breslin absent, Commissioners endorsed Solicitor Wendy Nicolosi's suggestion that an expert be retained to make sure that wetlands are preserved, sinkholes avoided and highway crossings minimized.

Nicolosi explained that the Federal Energy Regulatory Commission (FERC) will decide on the PennEast proposal, which is still in its pre-application phase. Once a formal application is underway, Nicolosi indicated it would be important to have someone who understands the process and to whom will listen.

Commissioners made this decision after a small group of pipeline foes urged them to adopt a resolution, or perhaps even an ordinance, banning the pipeline.

"I have a Master's Degree," announced the first speaker, Jamie Snook. who asked that his comments be recorded. He went on for twenty minutes without interruption.

He and and other opponents, including Ross McClellan, warned Commissioners of a pipeline going under Routes 22, 33 and 78 in an area known for sinkholes. They spoke of "catastrophic explosions," damaged infrastructure and a loss of air quality brought n by the release of methane gas. They complained the pipeline contains no local benefit, and that the product would be shipped off to China and Europe.

Guy Wagner, whose Township property is traversed by the pipeline, asked Commissioners to "save our land." he complained that the gas companies "take your land and give you nothing."

"I hear a lot of ifs, maybes, supposes" reacted Michael Hudak. 'we need more information before considering a resolution."

"There could be benefits to the municipality," agreed president Marty Zawarski.

Solicitor Nicolosi stressed that it's important to have someone on board who can "make comments that FERC will actually heed."

Phil Barnard thanked pipeline opponents for making their views known.

PennEast Pipeline: Scavello Wants Residents, Businesses To Have Pipeline Access

While I was attempted to evade a death sentence at Becahi last night, Matt Miles attended an informational meeting about the PennEast Pipeline at the Covenant United Methodist Church in Klecknersville. The meeting was hosted by State reps. Julie Harhart and Marcia Hahn, with State Senator Mario Scavello doing the honors as a guest speaker. Below is Miles' report, for which I am very grateful.

On a cold night in Klecknersville, Pennsylvanians came to an event hosted by State Representatives Marcia Hahn and Julie Harhart, with special guest Senator Mario Scavello to learn more about the proposed 36” diameter Penn East Natural Gas Pipeline . The Fellowship Hall of Covenant United Methodist Church packed in about 130 residents. In the introduction, the representatives were adamant about having a non-biased forum and to be respectful despite the controversy.

The Penn State Extension’s Dave Messersmith gave a presentation about the procedures, construction, positives and negatives and some land-owner’s rights as well. It presented like a college lecture hall, but provided a good basis for understanding what is going to happen. If you want to learn more, he makes this powerpoint available for the asking. He is based out of the Honesdale, PA extension office, and on the web at extension.psu.edu/naturalgas.

Next up was Attorney Carl Engleman, Jr., an attorney who primarily represents land owners with right of way issues and mineral rights leases. Despite any lawyer joke you could think of, the meeting picked up pace and became much more interesting. As someone with 20 years of practice, he was quick to point out all of the tricks that utilities pull when a new transmission front is proposed. As verified by some in the crowd, PennEast has hired what Englemann referred to as “Land Agents” to start surveying properties in the proposed right-of-way. Many of the agents surveying will put offers in front of land-owners immediately, with forms to give up any rights to sue after the line is installed and (illegally) threatening eminent domain. Englemann also covered topics like areas of historical significance, environmental concerns and proximities of schools can all be reasons to re-route the line. The bottom line is that PennEast doesn’t have a formal application to FERC yet, so no one can use eminent domain to threaten you. Edelmann also cautioned that your first offer is never the best offer. The biggest take away that could be gained from the meeting is that if you are in the direct path and want to fight it directly, be ready to pay for a Dream Team of experts to testify on your behalf in Washington, D.C., and that the land speculators are already out trespassing and surveying, stating they have a right to be in the utility right of way.

As with any meeting, the real show starts during public comment. The first questions asked were centered around what would make FERC deny the pipeline. As Atty Edelmann put it, FERC approves 99.9% of all pipelines. The idea behind the pipeline is that it can provide common good to the community. With PennEast, there hasn’t been much of a negative impact. My question was whether residents of the affected areas be able to have Natural Gas as an energy option. Neither Representatives, the Extension representative, the Senator or the attorney could answer my question, However, Senator Scavello mentioned he was pushing for terminals along the way for community benefit. The bottom line is that this line is being designed for export at this juncture. The biggest fireworks came when someone asked the pols directly if they received campaign funding from PennEast. All three denied it, but another audience member called them out to name other gas entities that sent them campaign funding and all three admitted to UGI as a company donating to their campaign funds. Scavello later called out these citizens after the meeting for being “paid to be there” as “anti-fracking activists.”

Representatives from the website Stop the Penn East Pipeline website were there as well, with literature and signs. Both Representative Hahn and Harhart had their gun targets and Game Commission bylaws and lit available for the taking. None of the targets had Bernie’s mug on them. I will give credit to both Representatives and Senator Scavello for staying until the last folks left the church.

In my rather extensive conversations with Representative Hahn, Harhart and Senator Scavello after the meeting, I asked a few more pointed questions about a severance tax, expanding infrastructure to rural areas along the line and what they were doing for their constituents. Senator Scavello was the most knowledgeable about expanding local infrastructure. He mentioned expanding natural gas lines into several business parks in the Poconos as well as converting Sanofi-Pasteur Pharmaceuticals in Swiftwater, PA from oil to gas use. His goal is to see that as many Pennsylvanians as possible have access to the fuel. Scavello also mentioned that there is a severance tax on the table of 5%. According to Scavello, Governor Wolf wants to see 8% but with 11 capped wells in Luzerne county because of the lack of transport, he feels 8% accomplishes nothing, but that he is open to the 5% number. Mario is pro-pipeline, and was a real pleasure to talk to with some intelligent points.

Representative Hahn and Representative Harhart did more listening to me than they did explaining their stances and action items. They both agreed it would be a good thing to see the pipeline built, but when I asked what they would do about infrastructure, I didn’t get much of an answer. Harhart went so far as to tell me it was a Federal Project and there wasn’t much she could do. I suggested that she and the General Assembly do have more power to push PennEast and ask what’s in it for their constituents. I hate having to deal with nice people sometimes… it gets in the way of some good conversation. My hope is that they heard about the predatory Land Speculation and will be actively looking to do something to stop it as well as looking at getting Pennsylvania natural gas to local homes and businesses.

Overall, it was a civil meeting, with a few jabs and a lot of information to take in. Fortunately, it’s still very early in the game. You can comment on FERC’s website Docket # PF15-1-00 through Mid February, and there will be a FERC scoping meeting at Northampton Community College Feb 10th at 6pm. Now is the time to get educated and make the right choices for you and your family.