Sen. Kaine calls on FERC to grant rehearing requests for Mountain Valley, Atlantic Coast Pipelines

U.S. Sen. Tim Kaine (D-VA) sent a letter last week to the Federal Energy Regulatory Commission (FERC), asking the commission to grant rehearing requests on the Mountain Valley Pipeline (MVP) and the Atlantic Coast Pipeline (ACP).

Numerous stakeholder groups and individuals living along the proposed pipeline routes have formally requested a rehearing

FERC approved the MVP and ACP jointly with 2-1 votes when two of the five commissioner seats were vacant. All five seats on the commission are now filled.

“The split decisions were most unusual – 98 percent of FERC orders in 2016 were unanimous,” Kaine said. “Given that the Commission now has a full complement of five members, there is a real concern about whether the divided rulings by a partial Commission fairly reflect the FERC position.”

In the letter, Kaine also requested clarification of “tolling orders,” which FERC can issue to allow more than the allotted 30 days to decide on a rehearing request. During this time, legal options are frozen but construction may continue.

“This suggests that even if an original FERC decision changes upon either rehearing or judicial order, it could be moot if the project is already built and any impacts already felt,” Kaine said.” I would like to know whether this is your interpretation as well, and if so, whether you believe this is consistent with the intent of the rehearing option.”

Kaine did not endorse or oppose petitioners’ views on the substantive merits of the pipeline projects.

“It is important for the public to have confidence in the integrity of FERC’s process,” he said. “All I request is for every step of that process to be followed to the fullest extent of the law.”