New York—Mountain Valley Pipeline's planned Southgate natural gas transportation expansion project met a legal obstacle as an existing gas pipeline opposed Mountain Valley's efforts to acquire easement rights using eminent domain.
Williams' Transcontinental Gas Pipe Line in a March 12 filing with the US District Court for the Middle District of North Carolina objected to Mountain Valley's attempts to acquire Transco's easement rights in Alamance and Rockingham counties in North Carolina. Mountain Valley is also seeking to take easement rights from several landowners.In its initial request for the easements, Mountain Valley cited the Federal Energy Regulatory Commission's June 18, 2020, certificate order of public convenience and necessity for the construction and operation of the expansion project's planned 75.1 miles of new natural gas pipeline and other related facilities.
"Such a taking is not permitted under the prior public use doctrine, is outside the scope of MVP's Certificate Order, and exceeds what is reasonable and necessary for the construction, operation, and maintenance of MVP's proposed pipeline," Transco wrote.
Mountain Valley's filing with FERC shows that almost 50% of its proposed pipeline will be co-located within existing utility corridors and rights-of-way, according to the court filing. Transco also said that Mountain Valley's proposed location for about 24.9 miles of the project within Transco's easement rights presents safety concerns that could cause leaks and other adverse impacts to Transco's mainline system.
"MVP's proposed location is simply irresponsible," Transco said. The company asked the district court to deny Mountain Valley's request and said that it will demand a jury trial if the court decides to grant the proposed easement takings.
"The MVP Southgate team has been working with Transco throughout the planning phases of the project, and we will continue a dialogue targeted at ensuring continued safe and effective operations for both companies," The Roanoke Times on March 16 quoted a Mountain Valley Pipeline Southgate spokesperson as saying. "We remain hopeful that all parties will reach a mutual agreement."
Transco's objection follows a March 11 ruling from the US Court of Appeals for the 4th Circuit that said North Carolina regulators will have to reconsider their denial of water permits for the proposed Southgate project.
