PennEast Pipeline Co. LLC this month pushed forward on two fronts in an effort to get its project built.
On June 9, the consortium of natural gas companies behind the proposal filed a response with the U.S. Supreme Court to New Jersey's arguments concerning eminent domain.
And on a separate tack, the Delaware River Basin Commission acknowledged June 3 receipt of PennEast’s application for approval to build Phase 1 of its pipeline through Pennsylvania.
Phase 1 would construct 68 miles of new 36-inch-diameter natural gas transmission pipeline from Pennsylvania’s Marcellus Shale natural gas production region in Luzerne County into Northampton County. PennEast later plans to pursue a second phase to extend the proposed pipeline across the Delaware River through Hunterdon County into Mercer County, New Jersey.
PennEast says it "does not believe Phase One requires DRBC approval" but "is seeking to work collaboratively with the DRBC" in submitting the initial phase application. The companies say the reason they dispute the need for Basin Commission approval is that Phase 1 does not require the withdrawal or discharge of any water within the basin.
The Basin Commission and environmental groups opposed to the project disagree.
In a letter June 1 to the Federal Energy Regulatory Commission, the commission said its approval is required under the 1961 Delaware River Basin Compact between New York, New Jersey, Pennsylvania, Delaware and the federal government.
"The planned route for the line traverses streams, wetlands, floodplains and other water resources and involves related uses of land," commission Executive Director Steven Tambini wrote to FERC. "These facts, among others, confirm that PennEast plans to utilize water resources and is undertaking one or more projects as defined in the Compact."
The application is under review, commission spokeswoman Kate Schmidt said Friday, and there is no timetable for when it would be completed. Once a draft docket is published for the project, a formal public comment period will begin, she said.
“We are asking the DRBC to deny PennEast’s application," Jeff Tittel, director of the New Jersey Sierra Club, said in a statement Wednesday. "PennEast is trying to get approval for building their pipeline on the Pennsylvania side of the Delaware River.
"The whole reason that they split the pipeline into two segments was to try to sidestep DRBC oversight. If they get approval in Pennsylvania, PennEast could use it to put pressure on NJ regulators to try to push through their project. PennEast will say or do anything to try to get their terrible pipeline approved."
PennEast maintains its project, already approved by FERC, is necessary to serve domestic natural gas needs across the region, and points to its Supreme Court right as further proof.
"At the heart of the petition before the Supreme Court is to ensure the safe and reliable transportation of affordable natural gas, which supports jobs and a cleaner environment, as well as lowers energy bills," PennEast spokeswoman Patricia Kornick said in an email Friday. "The PennEast Pipeline is a federally approved project, deemed to be in the public need and benefit and safe for the environment following years of review."
The pipeline was first proposed in August 2014. PennEast's current, anticipated timeline for construction is that Phase 1 would be in service by November 2021. The Phase 2 portion would include the remaining route in Pennsylvania and New Jersey, with a targeted completion of 2023.
The Supreme Court filing seeks to overturn a federal appeals court ruling from last year blocking PennEast from using eminent domain to acquire New Jersey state land needed for the pipeline route.
Learn more
The Delaware River Basin Commission invites individuals and organizations to be added to its Interested Parties List (IPL) for the PennEast Pipeline Project-Phase 1 by providing the party’s name, organization (if applicable), address and email information to penneastapp@drbc.gov or sending their contact information by mail to DRBC, Attn.: Project Review Section, P.O. Box 7360, 25 Cosey Road, West Trenton, NJ 08628.
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Kurt Bresswein may be reached at kbresswein@lehighvalleylive.com.
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