20180803-3076 FERC PDF (Unofficial) 08/03/2018

FEDERAL ENERGY REGULATORY COMMISSION
WASHINGTON, D.C. 20426

OFFICE OF ENERGY PROJECTS

In Reply Refer To:
OEP/DG2E/Gas Branch 3
Mountain Valley Pipeline LLC
CP16-10-000

August 3, 2018
Matthew Eggerding, Counsel
Mountain Valley Pipeline LLC
625 Liberty Ave., Suite 1700
Pittsburgh, PA 15222
Re:

Notification of Stop Work Order

Dear Mr. Eggerding:
On July 27, 2018, the United States Court of Appeals for the Fourth Circuit issued
an order vacating decisions by the Department of the Interior’s Bureau of Land
Management (BLM) and by the Department of Agriculture’s Forest Service (Forest
Service) authorizing the construction of the Mountain Valley Pipeline Project (Project)
across federal lands and remanding to those agencies for further proceedings to address
issues identified in that opinion. In light of this development, Mountain Valley Pipeline,
LLC (MVP) has not obtained the rights-of-way and temporary use permits from the
federal government needed for the Project to cross federally owned lands.
There is no reason to believe that the Forest Service or the Army Corps of
Engineers, as the land managing agencies, or the BLM, as the federal rights-of-way
grantor, will not be able to comply with the Court’s instructions and to ultimately issue
new right-of-way grants that satisfy the Court’s requirements. However, Commission
staff cannot predict when these agencies may act or whether these agencies will
ultimately approve the same route. Should the agencies authorize alternative routes,
MVP may need to revise substantial portions of the Project route across non-federal
lands, possibly requiring further authorizations and environmental review. Accordingly,
allowing continued construction poses the risk of expending substantial resources and
substantially disturbing the environment by constructing facilities that ultimately might
have to be relocated or abandoned.
MVP is hereby notified that construction activity along all portions of the
Project and in all work areas must cease immediately, with the exception of any
measures deemed necessary by those land managing agencies or FERC staff to
ensure the stabilization of the right of way and work areas. Commission staff intends
to review the need for this stop work notification in light of further actions that the Forest

 20180803-3076 FERC PDF (Unofficial) 08/03/2018

Service, the Army Corps of Engineers, and the BLM will take with respect to the issues
raised in the Court’s opinion and stand ready to assist to achieve a prompt resolution.
In addition, within 5 days, MVP must provide an interim right-of-way and work
area stabilization plan for review and written approval by the Director of the Office of
Energy Projects.
Sincerely,

Terry L. Turpin
Director
Office of Energy Projects

2

 20180803-3076 FERC PDF (Unofficial) 08/03/2018

Document Content(s)
Mountain Valley Pipeline Letter 08-03-2017.PDF........................1-2