Pike: gas detour based on bad info

Records challenge basis of FERC pipeline route change

MILFORD — Against popular sentiment, expert opinion and apparently based on the opinion of one park official, the Federal Energy Regulatory Commission (FERC) on May 29 approved a seven mile plus detour for the Tennessee Pipeline through Pike County.

Along this proposed detour, more than a dozen landowners will be affected, with possible property loss subject to eminent domain.

The new pipeline detour is some 750 feet from Delaware Valley High School and some 300 feet from the Milford Convalescent Home.

The Pike County Commissioners, along with local area residents and experts “have been fighting this for the past two years,” Commissioner Rich Caridi said Wednesday.

The sole voice on the side of the detour has been National Park Superintendent John Donohue, who has argued that the placement of the new pipeline would be eye-pollution in the park, cause an undesirable environmental impact, and not be feasible, as it would require "an act of Congress.”

Due to time constraints, the Tennessee Gas Pipeline (TGP)company has decided not to fight the National Park Service, thus prompting FERC to make its ruling. The TGP decision was reflected in their official statement. The "route alternative was necessary as a result of discussions with park (Delaware Water Gap National Recreation Area) officials.”

Records undermine NPS position
Detour opponents say that Donohue's "act of Congress" contention and that accordingly he will not “allow” the pipeline to cross one mile of park land is not supported by the records. They say evidence undermines all of Donohue's claims.

The FERC ruling refers to federal regulatory change, or as Donohue repeatedly states an “act of Congress,” needed to allow the pipeline to go through the national park. In their ruling FERC stated “The EA explains that the legislation that created Delaware Water Gap NRA precludes the NPS, which manages the Delaware Water Gap NRA, from approving any route across the Delaware Water Gap NRA without federal legislation allowing it to do so, and the NPS has stated its opposition to any routing across the Delaware Water Gap NRA.”

“This line does not go through park land on the Pike side,” said attorney and Commissioner Wagner,

He said that park superintendent John Donohue doesn't care what kind of impact the detour would have on the local residents and environment.

For his part, Donohue does not even call it a detour, saying it was the pipeline company's plan from the beginning.

But Wagner pointed out that according to a 1955 right of way agreement between Julio and Marion Santos and the pipeline company, not only does a clear right of way exist for TGP to put a new pipe, but that there is a 300-foot wide by 600-foot deep area where future crossings of the Delaware River has been set aside.

That directly contradicts the FERC ruling which states an “HDD at this river location would require workspace outside of Tennessee’s existing easement on NPS property, which would still require congressional approval.”

Bernard Kozykowski, an architect and planner who is a former chairman of the Upper Delaware Citizens Advisory Commission to the park service, said that the decision “simply doesn't make sense.” Kozykowski, whom Caridi described as a great ally, has been instrumental in doing deed searches on the New Jersey side, said there exists a work space that is “200 feet wide and 600 feet deep.”

Kozykowski and George Feighner have researched the 1955 legal cases which led to the creation of the existing pipeline crossing. Tennessee Gas Transmission Company, forerunner of Tennessee Gas Pipeline company, won court approval and a right-of-way.

In all the rulings, the company was granted the easement “for the purpose of constructing, operating, maintaining, repairing, altering, replacing, removing or changing the size of the pipeline.”

Their evidence contradicts claims that the easement is not wide enough to support another pipeline.

Veteran gas pipeline industry consultant, Dr. Steven Vitale, in a formal position to FERC, also contradicted claims that the easement is insufficient to allow for the proposed pipeline construction. Vitale clearly spelled out the errors in the reasoning behind the proposed detour. One such argument by FERC is the need for horizontal directional drilling (HDD) on park service lands. Vitale stated that “there is a very significant size easement area on the east side river's edge to allow for HDD” and on the west side is land that “the NPS does not own... and thus, disturbing earth for a directional drill would not require NPS approval.”

According to a Pike County Commissioners' letter to the National Park Service Northeast Regional Director, Dennis Reidenach and other state and federal officials this week, the Army Corps of Engineers “recommends a single river crossing,” which will no longer be the case if the detour goes ahead as planned.

Donohue's argument
But Donohue claims there "never was a request to use the existing right of way (ROW). That point was addressed in the FERC decision as not a feasible idea. It is a new pipeline and a new ROW,” which the NPS has “no authority to issue.”

As for the issue of needing an “act of Congress” to place the pipeline through the park, the park superintendent said that “Congress retained authority because they consider it such a serious issue on NPS lands.” He reiterated his position that the proposed pipeline route around park lands is “not a detour.”

Donohue contends that while “ten land owners” might be affected by the proposed loop hundreds would be “affected no matter what route is chosen.” He says it would not be “appropriate for the NPS to provide an advantage to one corporation over all others,” and stressed that this is a new pipeline, not a replacement, like the ROW for “Columbia Gas or proposed on deeded ROW like the transmission project.”

Donohue concluded that “The park land belongs to 300 million citizens and is protected from all intrusions except one we might do to it.”

What to do now
The Pike County Commissioners see it a different way. And they are both frustrated and vocal in their opinion of the FERC ruling and what they see as the Parks Service's obstructions.

“There's no common sense,” says Caridi of the detour. “Its illogical, its environmentally destructive. Its visually destructive. I don't know what else to do. But we're still fighting.”

“Here's what's bothering us,” says Caridi. “FERC's decision, based from professionals, not us, is pretty loose... they really didn't take into consideration all the information that was given them.”

Exasperated, the commissioners feel that Pike County's concerns are being ignored, no matter how many experts or facts they bring up.

“Or as Bernie puts it,” adds Commissioner Matt Osterberg. “There's an away game going on that we don't know about. Something in the periphery away from Pike County.”

The letter that the commissioners sent this week is going “over his head,” referring to Donohue. “We're going to the Secretary of the Interior and the Regional office.” One person who was not copied on the letter was Donohue himself. But, as Osterberg pointed out, “he's had his opportunities.”

— Charles Reynolds

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