March 2018, Vol. 245, No. 3

Projects

FERC Rejects Constitution’s Bid to Overturn Permit Denial

Federal Energy Regulatory Commission (FERC) denied Constitution Pipeline’s petition to overturn New York’s denial of a water permit for the Constitution Pipeline.

The 125-mile natural gas pipeline was planned to connect Susquehanna County, PA, to the Iroquois Gas Transmission and Tennessee Gas Pipeline systems in Schoharie County, NY.

According to FERC’s ruling, because Constitution Pipeline withdrew and refiled its application twice, it reset the one-year timeframe required under the federal Clean Water Act for New York’s Department of Environmental Conservation to rule both times.

However, FERC’s commissioners reiterated their concern over the practice of repeatedly withdrawing and refiling applications for water quality permits.

In October 2017, Constitution Pipeline filed its petition after the U.S. Court of Appeals for the 2nd Circuit had denied its challenge to the DEC decision two months earlier. Despite FERC’s ruling, the company is not giving up on the project.

“Constitution remains committed to constructing and placing into operation this critical piece of energy infrastructure,” said Constitution spokesman Christopher Stockton.