Items C-1, C-2, C-3
FERC today ordered Midship Pipeline Company, LLC to explain why the Commission should not find that Midship violated environmental provisions of its Commission-approved Certificate of Public Convenience and Necessity requiring restoration of the right-of-way along the 200-mile Midcontinent Supply Header Interstate Pipeline Project in Oklahoma.
Landowners along Midship’s right-of-way submitted evidence that indicates the pipeline company may not have removed construction debris and rocks along various tracts, in violation of the mandatory environmental conditions the Commission imposed in its August 13, 2018, certificate authorizing the project, and in subsequent orders.
Midship must explain why the Commission should not find that Midship has buried rock and construction debris in construction work areas throughout the project right-of-way and require immediate removal of the rock and debris. The company has 60 days to file detailed plans to determine the extent of buried rock and construction debris and for immediately removing the rock and construction debris within the right-of-way.
The Commission also referred the right-of-way restoration matter to its Office of Enforcement for further investigation and, as appropriate, for further Commission action that could include the assessment of civil penalties and other remedies. (Agenda item C-2, CP17-458-011).
This was one of three separate but related orders FERC approved today dealing with the Midship project.
“When the Commission issued its order on March 18, 2021 directing Midship to quickly resolve the outstanding restoration issues along the right-of-way, I stated that it was well past time for Midship to promptly resolve these matters and allow the landowners to move on with their lives,” Chairman Glick said. “While progress has been made on some tracts of land, it is simply not enough. Today’s orders further demonstrate that the Commission takes violations of environmental conditions set forth in its certificates seriously and dutifully considers and responds to the concerns and complaints of landowners.”
Also today, FERC found Midship in non-compliance with the conditions of the August 2018 certificate order as it pertains to property owned by James Ingram. The order directs Midship to conduct rock and debris removal mitigation for Mr. Ingram’s property. The order also denies a request for rehearing of Commission staff’s October 1, 2021, letter order providing clarification of compliance monitoring reports for the Midship Project (Agenda Item C-1, CP17-458-010).
Finally, the Commission voted to send a dispute related to the Sandy Creek Farm property to a FERC Administrative Law Judge. This proceeding will determine the methods and scope of work activities remaining to restore the property and the reasonable cost to complete them. (Agenda item C-3, CP17-458-012).