Posted Tuesday, August 21, 2012 8:59 am

ELDRED, NY — There were four speakers at the February 20 forum at the Eldred Junior-Senior High School about the proposed compressor station on the Millennium Pipeline (MP), to be located a couple of miles up the road on Route 55.

The person who spoke with perhaps the most zeal was Maya K. van Rossum, the Delaware Riverkeeper, and head of the Delaware Riverkeeper Network (DRN). She painted the proposed project as a battle between the community (to whom DRN is allied) on one side and the pipeline company and the Federal Energy Regulatory Commission (FERC) on the other.

van Rossum connected this battle to the larger war against fracking in general, and she said DRN currently is involved in about a dozen battles regarding “pipeline infrastructure projects.” She said this contest involves not just the Highland Compressor, but also the other elements of Millennium’s Eastern System Upgrade.

She said that the project is currently in a voluntary “pre-filing phase.” It’s a process whereby, she said, “MP can go into FERC and say ‘hey, let’s work together to find the best way to advance our project.’ And in fact they really do work together as partners. FERC is not there representing your interests. From everything we have experienced at DRN, FERC is very much representing the interests of the industry.”

van Rossum urged the approximately 75 residents and others on hand to register with FERC to receive any documents related to the project during this pre-filing phase, so that in the future when the time comes, residents will be able to “intervene” in the application process.

She said, “Intervening is a great way to show FERC and election officials how strong the interest is from the community that’s being impacted by this project. So when the time for intervention comes, we’re going to come to you and say ‘please everyone intervene. It’s really simple. You can do it online, there’s a fact sheet.’” She said the docket number is PF16-3, but she noted that will change in the future.

Speaking about the specific laws that relate to FERC projects she said, “The laws are different than the laws that will apply to normal industrial operations that enter into a community, because the Natural Gas Act now rules. And under the Natural Gas Act, under the language of the law and the interpretation of the law by the courts, all state and local legal authorities are pre-empted.

“So I know there is a really good local ordinance that has been passed by Highland, which is wonderful and sends an important message, but that will not rule the day on this compressor, because it is pre-empted by the Natural Gas Act.”

She said some federal laws do apply, including the National Environmental Policy Act (NEPA) the Clean Water Act (CWA) and Clean Air Act (CAA). She said states like New York have won the right to implement those laws, and “particularly with regards to CWA, the way the state implements that is by mandating compliance with some state law and regulations that are on the books. So it’s a little complicated, but there will be the use of state law to determine whether or not this project is entitled to its CWA certification, which is called a 401 certification.”

As to whether the Delaware River Basin Commission (DRBC) would be involved in this process, she said, “If a project impacts water resources in the basin, the DRBC should have some legal authority, but I doubt they’re going to try to get involved.” She said the DRN may try to compel DRBC to become involved because DRBC does have the authority to say “no” to FERC, if their authority comes into play. (See related story on page 5.)

She said, “Our target as a community is going to be the record, and making sure that we put all of the proper permits on the record so that we create for ourselves the best opportunity to bring a legal challenge down the road, if we find ourselves in that position.”

The other speakers at the forum were Stephen Metts, a resident of the Town of Bethel, who is an expert in geographical information systems; Dr. Richard Malenky, who has expertise in forests, and has a weekend home in Lumberland; and Larysa Dyrszka, MD, who has had extensive involvement in a study about the health impacts of the Minisink Compressor Station, and who lives in Bethel.