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HOMEOWNERS AGAINST LAND ) No USCA Case #18-1226 Document #1747264 Filed: 08/23/2018 Page 1 of 283 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________________________________ ) HOMEOWNERS AGAINST LAND ) No. _________________18-1226 TAKING – PENNEAST, INC., ) ) Petitioner, ) PETITION FOR REVIEW ) v. ) ) FEDERAL ENERGY REGULATORY ) COMMISSION, ) ) Respondent. ) ) ___________________________________ ) Pursuant to 15 U.S.C. 717r(b), Homeowners Against Land Taking – PennEast, Inc. (“HALT”) hereby petitions the United States Court of Appeals for the District of Columbia Circuit to review and set aside two orders of the Federal Energy Regulatory Commission (“FERC” or “Commission”) in Docket No. CP15- 558: (1) the January 19, 2018 order granting a certificate of public convenience and necessity (“Certificate Order”) to the PennEast Pipeline Company, LLC (“PennEast”), PennEast Pipeline Company, LLC, 162 FERC ¶ 61,053 (2018); and (2) the August 10, 2018 Order on Rehearing (“Rehearing Order”), PennEast Pipeline Co., LLC, 164 FERC ¶ 61,098 (2018). HALT filed an unopposed motion to intervene out-of-time, was granted party status on March 23, 2017, and filed a request for rehearing within thirty days of FERC’s Certificate Order, as required USCA Case #18-1226 Document #1747264 Filed: 08/23/2018 Page 2 of 283 under 15 U.S.C. § 717r(a). This petition for review is timely as it is being filed within sixty days of the August 10, 2018 Rehearing Order. See 15 U.S.C. § 717r(b). Dated: August 23, 2018 Respectfully submitted, /S/ ANNE MARIE GARTI ANNE MARIE GARTI D.C. Circuit Bar No. 60401 PO Box 15 Bronx, New York 10471 (718) 601-9618 [email protected] Counsel for Petitioner Homeowners Against Land Takings – PennEast, Inc. 2 USCA Case #18-1226 Document #1747264 Filed: 08/23/2018 Page 3 of 283 RULE 26.1 DISCLOSURE STATEMENT Pursuant to Rule 26.1 of the Federal Rules of Appellate Proceedure, Petitioner, Homeowners Against Land Taking – PennEast, Inc., hereby states that it is a nonprofit corporation, and does not have any parent corporation or any publicly held corporation that owns 10% or more of its stock. Dated: August 23, 2018 Respectfully submitted, /S/ ANNE MARIE GARTI ANNE MARIE GARTI D.C. Circuit Bar No. 60401 PO Box 15 Bronx, New York 10471 (718) 601-9618 [email protected] Counsel for Petitioner Homeowners Against Land Takings – PennEast, Inc. USCA Case #18-1226 Document #1747264 Filed: 08/23/2018 Page 4 of 283 CERTIFICATE OF SERVICE I certify that on August 23, 2018 I electronically filed the foregoing Petition for Review and Rule 26.1 Disclosure Statement, in accordance with Circuit Rules 25(a) and 25(c)(3) and the Handbook of Practice and Internal Procedures for the D.C. Circuit, § III.E.1, and emailed one copy to Robert Solomon, Solicitor, Federal Energy Regulatory Commission, who agreed to accept electronic service. I further certify that a copy of the foregoing Petition for Review was served by mail on Cynthia Richards, 84 Delevan Streeet, Lambertville, NJ 08530, and by email on the following parties, which includes all members of the service list in FERC Docket No. CP15-558-000: USCA Case #18-1226 Document #1747264 Filed: 08/23/2018 Page 5 of 283 Robert H. Solomon, Solicitor Kimberly D. Bose, Secretary Federal Energy Regulatory Comm’n Federal Energy Regulatory Comm’n 888 First St., NE 888 First Street NE, Room 1A Washington, D.C. 20426 Washington, D.C. 20426 [email protected] Docket No. CP13-499 Anthony Cox Carolyn McCormick, Attorney UGI Energy Services, Inc. The Williams Companies One Meridian Boulevard, Suite 2C01 2800 Post Oak Blvd. Wyomissing, PA 19610 Houston, TX 77056 [email protected] [email protected] Berk Donaldson Chris Harvey Director, Rates & Certificates Manager Enbridge Inc. Enbridge Inc. 5400 Westheimer Ct., WO 6N-63 5400 Westheimer Ct., Office 6O61 Houston, TX 77056 Houston, TX 77056 [email protected] [email protected] Cortney Madea Samuel Wolfe Assistant General Counsel Assoc. General Regulatory Counsel NRG Companies PSEG Services Corporation 211 Carnegie Center 80 Park Plaza, 5th Floor Princeton, NJ 08540 Newark, NJ 07102 [email protected] [email protected] Gina Merritt-Epps Kenneth Maloney Associate General Counsel Cullen and Dykman LLP 1 South Jersey Plaza 1101 14th ST., NW, Suite 750 Folsom, NJ 08037 Washington, DC 20005 [email protected] [email protected] Erica L McGill Frank Markle, Counsel Regulatory Counsel UGI Energy Services, LLC Ten Peachtree Place Box 858 Atlanta, GA 30309 Valley Forge, PA 19482 [email protected] [email protected] 2 USCA Case #18-1226 Document #1747264 Filed: 08/23/2018 Page 6 of 283 Mark Morrow Megan Brunatti Senior Counsel NJ Dept. of Environmental Protection UGI Corporation 401 East State Street Valley Forge, PA 19482 Trenton, NJ 08050 [email protected] [email protected] Morgan Parke, Attorney Steven Nadel FirstEnergy Service Company PPL Electric Utilities Corporation 76 South Main Street 2 North 9th St. Akron, OH 44308-1890 Allentown, PA 18101 [email protected] [email protected] William Scharfenberg Joseph M Martosella, III NJR Service Corporation Wisler Pearlstine, LLP 1415 Wyckoff Road 460 Norristown Road, Suite 110 Wall, NJ 07719 Blue Bell, PA 19422 [email protected] [email protected] Kenneth W Yagelski Scott Butler Pivotal Utility Holdings, Inc. Con Ed, Inc. / Orange and Rockland d/b/a Elizabthtown Gas 4 Irving Place [email protected] NY, NY 10003 [email protected] Joel Greene Amber L Martin, Esq. (representing Con Ed) Spiegel & McDiarmid LLP Jennings, Strouss & Salmon, PLC New Jersey Division of Rate Counsel 1350 I Street, NW 1875 Eye Street, NW, Suite 700 Washington, D.C. 20005 Washington, D.C. 20006 [email protected] [email protected] Scott Strauss, Attorney Stephen Pearson, Attorney Spiegel & McDiarmid LLP Spiegel & McDiarmid LLP New Jersey Division of Rate Counsel New Jersey Division of Rate Counsel 1875 Eye St, NW, Suite 700 1875 Eye St, NW, Suite 700 Washington, D.C. 20006 Washington, D.C. 20006 [email protected] [email protected] 3 USCA Case #18-1226 Document #1747264 Filed: 08/23/2018 Page 7 of 283 Laura Horowitz John Dupuis [email protected] [email protected] Elycia Lerman Olivia Barone [email protected] [email protected] Andrea Bonette Attilio Grasso [email protected] [email protected] Arianne Elinich Aaron Stemplewicz [email protected] [email protected] Abigail Bialer Abigail Galardi [email protected] [email protected] Abigail Boehm Abigail Fisher [email protected] [email protected] Joseph Buchanan Valerie Ackerman [email protected] [email protected] Anna Maria Caldaro Steven Pertes [email protected] [email protected] Adam Belle Adam Gibson [email protected] [email protected] Megan Adams Alexandria Bydalek [email protected] [email protected] Adele Meyers Adriana Valente [email protected] [email protected] Angela Karas Dr. Adam Finkel [email protected] [email protected] 4 USCA Case #18-1226 Document #1747264 Filed: 08/23/2018 Page 8 of 283 Adam Frankelli Agnes Marsala [email protected] [email protected] Janet Grillo Alfonso (Alfie) Grillo [email protected] [email protected] dalia hoffman Adam Juncosa [email protected] [email protected] Alexander Keenan Aaron Kleinbaum [email protected] [email protected] Alan Spotnitz Alan Kirby [email protected] [email protected] Jeffrey Farrington Albertine Anthony [email protected] [email protected] Donna Anderson Alex Marshall [email protected] [email protected] Alexandra Arbelaez Alexa Stewart [email protected] [email protected] Alice Stewart Alise Costabel [email protected] [email protected] Alison Mitchell Allison Larthey [email protected] [email protected] Alma Quinlan Anne McDougald [email protected] [email protected] Arthur Rack Alyse Herman [email protected] [email protected] Amanda Mayer Amber Gale [email protected] [email protected] 5 USCA Case #18-1226 Document #1747264 Filed: 08/23/2018 Page 9 of 283 Anita Crandall Amelia Jones-Starkey [email protected] [email protected] Andrea Meyercord Amleto Pucci '[email protected] [email protected] Jay Douglas Amy Roman [email protected] [email protected] Amy Coss Amy Schechter [email protected] [email protected] Anastasia Perris Andrea Cooney [email protected] [email protected] Andrea Wallace Andrew Fikse [email protected] [email protected] Andrew Juleff Andrew Pantano [email protected] [email protected] James Andrews Andy Snyder [email protected] [email protected] Annette Iasiello Ann Marshall [email protected] [email protected] Anna Burk Anna Kawalec [email protected] [email protected] Annalisa Traina Anne Berridge [email protected] '[email protected] Anneke Walsh Anne Marie Garti [email protected] [email protected] Joanne Marter Anshuni Shah [email protected] [email protected] 6 USCA Case #18-1226 Document #1747264 Filed: 08/23/2018 Page 10 of 283 Lori Answini C Antrosiglio [email protected] [email protected] Stephanie Moss Andrew Oleson [email protected] [email protected] Alice Orrichio Bert Rinkel [email protected] [email protected] April Zielinski April Kirkpatrick [email protected] [email protected] Gary
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