Appeal: 18-1956 Doc: 2-1 Filed: 08/16/2018 Pg: 1 of 7 Total Pages:(1 of 409) No. ____________ IN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT APPALACHIAN VOICES, CHESAPEAKE BAY FOUNDATION, CHESAPEAKE CLIMATE ACTION NETWORK, COWPASTURE RIVER PRESERVATION ASSOCIATION, FRIENDS OF BUCKINGHAM, HIGHLANDERS FOR RESPONSIBLE DEVELOPMENT, PIEDMONT ENVIRONMENTAL COUNCIL, SHENANDOAH VALLEY BATTLEFIELDS FOUNDATION, SHENANDOAH VALLEY NETWORK, SIERRA CLUB, INC., SOUND RIVERS, INC., VIRGINIA WILDERNESS COMMITTEE, WILD VIRGINIA, AND WINYAH RIVERS FOUNDATION, Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent JOINT PETITION FOR REVIEW Gregory Buppert (Va. Bar No. 86676) Charmayne G. Staloff (Va. Bar No. 91655) SOUTHERN ENVIRONMENTAL LAW CENTER 201 West Main Street, Suite 14 Charlottesville, VA 22902 Telephone: 434-977-4090 / Facsimile: 434-977-1483 Email: [email protected]; [email protected] Appeal: 18-1956 Doc: 2-1 Filed: 08/16/2018 Pg: 2 of 7 Total Pages:(2 of 409) David Neal (N.C. Bar No. 27992) Gudrun Thompson (N.C. Bar No. 28829) SOUTHERN ENVIRONMENTAL LAW CENTER 601 W. Rosemary Street, Suite 220 Chapel Hill, NC 27516 Telephone: 919-967-1450 / Facsimile: 919-929-9421 Email: [email protected]; [email protected] Counsel for Chesapeake Bay Foundation, Cowpasture River Preservation Association, Friends of Buckingham, Highlanders for Responsible Development, Piedmont Environmental Council, Shenandoah Valley Battlefields Foundation, Shenandoah Valley Network, Sound Rivers, Inc., Virginia Wilderness Committee, and Winyah Rivers Foundation Benjamin A. Luckett (W.Va. Bar No. 11463) Joseph M. Lovett (Va. Bar No. 89735) APPALACHIAN MOUNTAIN ADVOCATES P.O. Box 507 Lewisburg, WV 24901 Telephone: 304-645-0125 / Facsimile: 304-645-9008 Email: [email protected]; [email protected] Counsel for Appalachian Voices, Chesapeake Climate Action Network, Sierra Club, and Wild Virginia Appeal: 18-1956 Doc: 2-1 Filed: 08/16/2018 Pg: 3 of 7 Total Pages:(3 of 409) As authorized by Section 19(b) of the Natural Gas Act, 15 U.S.C. § 717r(b), and Rule 15(a) of the Federal Rules of Appellate Procedure, APPALACHIAN VOICES, CHESAPEAKE BAY FOUNDATION, CHESAPEAKE CLIMATE ACTION NETWORK, COWPASTURE RIVER PRESERVATION ASSOCIATION, FRIENDS OF BUCKINGHAM, HIGHLANDERS FOR RESPONSIBLE DEVELOPMENT, PIEDMONT ENVIRONMENTAL COUNCIL, SHENANDOAH VALLEY BATTLEFIELDS FOUNDATION, SHENANDOAH VALLEY NETWORK, SIERRA CLUB, SOUND RIVERS, INC., VIRGINIA WILDERNESS COMMITTEE, WILD VIRGINIA, and WINYAH RIVERS FOUNDATION jointly petition the United States Court of Appeals for the Fourth Circuit for review of the Federal Energy Regulatory Commission’s Order Issuing Certificates in Atlantic Coast Pipeline, LLC, 161 FERC ¶ 61,042 (Oct. 13, 2017), and the Commission’s Order on Rehearing in Atlantic Coast Pipeline, LLC, 164 FERC ¶ 61,100 (Aug. 10, 2018). In accordance with Local Rule 15(b), copies of the Orders are attached as Exhibit A and Exhibit B, respectively. In accordance with Rule 15(c) of the Federal Rules of Appellate Procedure, Petitioners have served parties that may have been admitted to participate in the underlying proceedings with a copy of this Joint Petition for Review. As required by Local Rule 15(b), a list of Respondents specifically identifying the 1 Appeal: 18-1956 Doc: 2-1 Filed: 08/16/2018 Pg: 4 of 7 Total Pages:(4 of 409) Respondents’ names and addresses is attached. Petitioners have served copies of the Joint Petition for Review and exhibits via U.S. first-class certified mail, return receipt requested, on Respondents as required by Local Rule 25(a)(1)(A)(i). Respectfully submitted, /s/ Gregory Buppert Gregory Buppert (Va. Bar No. 86676) Charmayne G. Staloff (Va. Bar No. 91655) SOUTHERN ENVIRONMENTAL LAW CENTER 201 West Main Street, Suite 14 Charlottesville, VA 22902 Telephone: 434-977-4090 / Facsimile: 434-977-1483 Email: [email protected]; [email protected] Gudrun Thompson(N.C. Bar No. 28829) David Neal (N.C. Bar No. 27992) SOUTHERN ENVIRONMENTAL LAW CENTER 601 W. Rosemary Street, Suite 220 Chapel Hill, NC 27516 Telephone: 919-967-1450 / Facsimile: 919-929-9421 Email: [email protected]; [email protected] Counsel for Chesapeake Bay Foundation, Cowpasture River Preservation Association, Friends of Buckingham, Highlanders for Responsible Development, Piedmont Environmental Council, Shenandoah Valley Battlefields Foundation, Shenandoah Valley Network, Sound Rivers, Inc., Virginia Wilderness Committee, and Winyah Rivers Foundation 2 Appeal: 18-1956 Doc: 2-1 Filed: 08/16/2018 Pg: 5 of 7 Total Pages:(5 of 409) /s/ Benjamin A. Luckett Benjamin A. Luckett (W.Va. Bar No. 11463) Joseph M. Lovett (Va. Bar No. 89735) APPALACHIAN MOUNTAIN ADVOCATES P.O. Box 507 Lewisburg, WV 24901 Telephone: 304-645-0125 / Facsimile: 304-645-9008 Email: [email protected] Counsel for Appalachian Voices, Chesapeake Climate Action Network, Sierra Club, and Wild Virginia DATED: August 16, 2018 3 Appeal: 18-1956 Doc: 2-1 Filed: 08/16/2018 Pg: 6 of 7 Total Pages:(6 of 409) LIST OF RESPONDENTS As required by Local Rule 15(b), Petitioners provide a list of Respondents below specifically identifying the Respondents’ names and the addresses where Respondents and/or their counsel may be served with copies of this Joint Petition for Review. Federal Energy Regulatory Commission c/o Kimberly D. Bose Secretary 888 First Street, N.E. Washington, DC 20426 Counsel for Respondent James Danly General Counsel Federal Energy Regulatory Commission 888 First Street, N.E. Washington, DC 20426 [email protected] Robert Solomon Solicitor Federal Energy Regulatory Commission 888 First Street, N.E. Washington, DC 20426 [email protected] Appeal: 18-1956 Doc: 2-1 Filed: 08/16/2018 Pg: 7 of 7 Total Pages:(7 of 409) CERTIFICATE OF SERVICE In accordance with Federal Rule of Appellate Procedure 15(c)(1) & (2), the undersigned certifies that, on August 16, 2018, a copy of this Joint Petition for Review and exhibits were served by email to the parties on the Federal Energy Regulatory Commission’s official service list of parties admitted to participate in dockets CP15-554-000 et seq. and CP15-555-000 et seq. before the Commission. A list of those served is attached as Exhibit C. In accordance with Local Rule 25(a)(1)(A)(i), Petitioners have served a copy of the Joint Petition for Review and exhibits on the following Respondents via U.S. first-class certified mail, return receipt requested, on August 16, 2018: Federal Energy Regulatory Commission c/o Kimberly D. Bose Secretary 888 First Street, N.E. Washington, DC 20426 Counsel for Respondent James Danly General Counsel Federal Energy Regulatory Commission 888 First Street, N.E. Washington, DC 20426 [email protected] Robert H. Solomon, Solicitor Federal Energy Regulatory Commission 888 First Street, N.E. Washington, DC 20426 [email protected] Appeal: 18-1956 Doc: 2-2 Filed: 08/16/2018 Pg: 1 of 157 Total Pages:(8 of 409) EXHIBIT A Appeal: 18-1956 Doc: 2-2 Filed: 08/16/2018 Pg: 2 of 157 Total Pages:(9 of 409) 161 FERC ¶ 61,042 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Before Commissioners: Neil Chatterjee, Chairman; Cheryl A. LaFleur, and Robert F. Powelson. Atlantic Coast Pipeline, LLC Docket Nos. CP15-554-000 CP15-554-001 Dominion Transmission, Inc. CP15-555-000 Atlantic Coast Pipeline, LLC CP15-556-000 Piedmont Natural Gas Company, Inc. ORDER ISSUING CERTIFICATES (Issued October 13, 2017) 1. On September 18, 2015, Atlantic Coast Pipeline, LLC (Atlantic) filed an application in Docket No. CP15-554-000, pursuant to section 7(c) of the NGA1 and Part 157 of the Commission’s regulations,2 for authorization to construct and operate the Atlantic Coast Pipeline Project (ACP Project). On March 11, 2016, Atlantic filed an amendment to its application in Docket No. CP15-554-001. In its amendment, Atlantic proposed several route changes and additional compression at its proposed compressor station in Buckingham County, Virginia. The ACP Project, as amended, consists of approximately 604 miles of new interstate pipeline and related facilities extending from Harrison County, West Virginia, to the eastern portions of Virginia and North Carolina,3 and 130,345 horsepower (hp) of compression. The ACP Project is designed to provide up to 1.5 million dekatherms per day (Dth/d) of natural gas transportation service. Atlantic also requests approval of its pro forma tariff, a blanket certificate under Part 284, 1 15 U.S.C. § 717f(c) (2012). 2 18 C.F.R. pt. 157 (2017). 3 The ACP Project extends from West Virginia, southeast to Greensville County, Virginia, then splits into two legs; one leg extending east to the City of Chesapeake, Virginia, and the other leg extending southwest into North Carolina. Appeal: 18-1956 Doc: 2-2 Filed: 08/16/2018 Pg: 3 of 157 Total Pages:(10 of 409) Docket No. CP15-554-000, et al. - 2 - Subpart G of the Commission’s regulations to provide open-access transportation services, and a blanket certificate under Part 157, Subpart F of the Commission’s regulations to perform certain routine construction activities and operations. 2. On September 18, 2015, Dominion Transmission, Inc. (DETI)4 filed an application in Docket No. CP15-555-000, under sections 7(b) and 7(c) of the NGA5 and Part 157 of the Commission’s regulations,6 requesting authorization to construct and operate approximately 38 miles of pipeline looping facilities and other facility upgrades and modifications to DETI’s existing system in Pennsylvania and West Virginia (Supply Header Project). The Supply Header Project is designed to provide up to 1,511,335 Dth/d of natural gas transportation service from supply areas on the DETI system to the proposed ACP Project. DETI also requests authorization to abandon two previously-certificated gathering compressor units in Wetzel County, West Virginia. 3. Also, on September 18, 2015, Atlantic and Piedmont Natural Gas Company, Inc. (Piedmont) filed a joint application in Docket No.