Seven Western Mass. lawmakers registered their strong opposition in a letter to the DPU.
GREENFIELD -- The state's Department of Public Utilities heard from a defiant crowd Wednesday as it aired a request from Tennessee Gas Pipeline Co. to conduct "pre-condemnation surveys" on privately-owned parcels for its Northeast Energy Direct pipeline.
More than 400 landowners across Massachusetts have either refused to let Tennessee Gas survey their land, or ignored written requests for access. Tennessee, a subsidiary of the Texas-based Kinder Morgan, on Jan. 14 filed petitions with the DPU seeking an order that would let them conduct the surveys regardless of landowner wishes.
While the Federal Energy Regulatory Commission (FERC) is in charge of permitting interstate natural gas pipelines, the DPU asserts its independent right to grant survey access to pipeline companies on privately-held lands.
408 landowners resist pipeline surveys
Officials from small towns and affected landowners spoke passionately at the public hearing at Greenfield Middle School, calling the request "premature and rash," "immoral and illegal," "economically unsound," and "an affront to the heart and soul of New England democracy."
Tennessee, a Kinder Morgan subsidiary, says it needs the surveys to send data to federal regulators "to build the record upon which the environmental review of the project is based." The surveys would collect geotechnical, environmental, and archaeological information about parcels along the proposed pipeline route.
The company says the surveys would be a precursor to eminent domain proceedings, even though pipeline companies can not forcibly take property without a certificate from FERC. The 420-mile Northeast Energy Direct, which would traverse Pennsylvania, New York, Massachusetts and New Hampshire, is currently being reviewed by the commission.
Christopher Capucci, an aide to Rep. Paul Mark (D-Peru) drew applause when he read into the record a letter signed by a group of seven western Massachusetts lawmakers.
"We feel that granting TGP's request would be an affront to private property ownership in Massachusetts and also an overreach of the DPU's authority," the letter said.
"...These same property owners are being asked to shoulder the entire burden, against their will, while monetary benefits flow to an out-of-state corporation looking to create new customers outside of our region. This is wrong and should not be allowed by our state DPU over the objections of the overwhelming majority of residents of our region."
The letter was signed by Mark, Sen. Ben Downing (D-Pittsfield), and Reps. Gailanne Cariddi (D-North Adams), Tricia Farley-Bouvier (D-Pittsfield), Smitty Pignatelli (D-Lenox), Steve Kulik (D-Worthington), and Susannah Whips Lee (R-Athol).
The attempt to survey land ahead of any federal approval led to a charge from Warwick Planning Board Chairman Ted Cady that Tennessee wanted to "put the cart before the horse." Conway selectman Jim Moore said the pipeline "represents a moral issue" and that private property should not be sacrificed to serve corporate profits. Officials from Ashfield, Orange, Northfield, Deerfield, and other towns said they oppose survey access and oppose the pipeline.
Cady was one of several to say Northeast Energy Direct would serve the export market, thereby subjecting natural gas to international prices. The U.S. Department of Energy in February authorized domestic natural gas exports to Canada via pipeline for re-export as liquefied natural gas.
"Energy prices would go up, and the energy sector would make more money," he said.
Peggy Sloan, Director of Planning and Development for the Franklin Regional Council of Governments, said the survey requests are "premature" given uncertainty that the pipeline will be built. The project is not fully subscribed, and there is a factual dispute over its need, she said. FERC looks at whether a project is needed when it makes its permitting decisions.
Bud Driver of the Deerfield Historical Commission said under Massachusetts law, Native American burial grounds can not be taken without approval by the state Legislature. "You have no idea," he said. "The North Meadows of Deerfield, and areas in Northfield, are loaded with suspected burial sites."
Conway resident Andy Jaffe noted that Berkshire Gas, which would be a customer of the pipeline, is now owned by a publicly-traded corporation which is an investor in the Kinder Morgan project. Jaffe said Berkshire's claim that a gas shortage exists is "completely manufactured."
Ashfield Select Board vice chair Ron Coler invoked the spirit of Shays' Rebellion, the 18th-century farmers' uprising centered in western Massachusetts. "Believe me, these are the same farmers; the same hills and valleys," he said.
Ashfield town meeting moderator Stewart "Buz" Eisenberg said he and his wife were "back to the land" types in the 1960s, and that the spirit is alive and well in western Massachusetts. "I'm an attorney," he said. "I and many of my colleagues here in Franklin County are willing to represent (affected landowners) when they engage in non-violent, peaceful civil disobedience."
Electric utilities win DPU OK for gas pipeline capacity
Present from the Department of Public Utilities were Chairman Angela M. O'Connor; hearing officer Steve August; Andrew Greene, director of the department's siting division; and Ashley Carrere, a regional planner with the DPU. Other department officials were stationed in a secondary "overflow room" to take additional testimony.
The deadline for submitting written comment to the DPU on the survey petitions is Friday, May 6. The department is holding six such hearings across the state. O'Connor said she could not say when the department would rule on the petitions.
"I want to emphasize the following point," said August. "The hearing tonight is not about whether the pipeline should be approved or denied. This case addresses only whether the request for surveys are appropriate and meet the DPU's legal and regulatory requirements and established legal precedent."
Mary Serreze can be reached at mserreze@gmail.com