20180814-0008 FERC PDF (Unofficial) 08/13/2018

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Secretary Kimberly Bose
Federal Energy Regulatory Commission
8&8 First Street, NE
Washington, DC 20426

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RE: Mountain Valley Pipeline, Docket No. CP161-0-000; Atlantic Coast Pipeline, LLC,
Docket Nos. CP15-554-000 and CP15-554-001
Dear Secretary Bose,

It has come to our attention that the developers of two major pipelines. which will traverse
numerous West Virginia counties once complete, have halted construction and are experiencing
challenges following decisions issued by the United States Court of Appeals for the Fourth
Circuit (the "Court" ). We wTite to bring our concerns to your attention, as well as to encourage
FERC and the relevant permitting agencies to quickly reconsider, correct, and reissue the
necessary permits for these projects.
On July 27, 2018, the Court issued a decision vacating authorizations for the Mountain Valley
Pipeline ("MVP") issued by the Department of the Interior's Bureau of Land Management
("BLM")and the Department of Agriculture's Forest Service (-Forest Service" ). On August 3.
2018, Terry L. Turpin, Director of the Office of Energy Projects at the Federal Energy
Regulatory Commission ("FERC"), notified MVP's developers to stop construction activity
"along all portions of the Project." Mr. Turpin also noted that the Commission's staff would
"review the need for this stop work notification in light of further actions that the Forest 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."
On August 6, 2018, the Court issued a decision nullifying two permits issued to the Atlantic
Coast Pipeline ("ACP") by the Fish and Wildlife Service ("FWS") and the National Park Service
("NPS"). In the case of the FWS permit, the Court found that the agency had not set forth clear
limits for impacts on threatened or endangered species along 20 miles of the proposed route in
West Virginia and about 80 miles of the proposed route in Virginia. The Court also took issue
with a right-of-way permit issued by the National Park Service (NPS) required for the project's
proposed crossing of the Blue Ridge Parkway. On August 10, 2018, Mr. Turpin notified ACP's
developers to stop construction activity "along all portions of the ACP and Supply Header

Project."
In the meantime, thousands of workers and dozens of communities are in need of certainty as
soon as possible with respect to these two projects. In fact, the stop work order issued to
Mountain Valley Pipeline puts over 5,000 jobs at risk, including 2,600 jobs directly related to the

 20180814-0008 FERC PDF (Unofficial) 08/13/2018

construction of the pipeline. The Mountain Valley Pipeline project anticipates spending almost
$B11 million directly in West Virginia and, at peak employment, will contribute over 4,400 jobs
in West Virginia alone. The project will also create about $71 million in tax revenue for our
state.

According to ACP's developers, the pipeline will provide approximately $ 59 million in local tax
revenue to West Virginians from 2019 through 2025. Across the mid-Atlantic region, the ACP
anticipates creating over 17,000 construction jobs and nearly $2.7 billion in economic activity.

We strongly believe that pipeline infrastructure is critical for the enhancement of our nation's
energy security, economy and workforce. As our state continues to face economic challenges,
natural gas infrastructure creates economic activity that offers good-paying jobs and tax revenue
for communities in need. Along with our fegow West Virginians, we believe strongly in the
environmentally responsible development of our natural resources and infrastructure.
We strongly encourage you to work with the permitting agencies in question to resolve the
outstanding issues as quickly as possible in a manner that allows for reissuance of these permits
and recommencement of construction.
We also ask that you consider amending or liAing the
stop work orders on these projects to ensure that the shortest possible portions of the proposed
routes are affected by these delays.
We are happy to discuss this matter further and appreciate your consideration.

Re ards,

Jo&fanch'II
United Sta s Senator

Shelley Moore Capito
United States Senator

W I.~75
David 8 McKinley,
embe of Congress

Cc:

P.E.

Secretary Rick Perry, Department of Energy
Vicki Christiansen, Forest Service
Greg Sheehan, Fish and Wildlife Service
Jon Balash, Deputy Assistance Secretary for Lands and Minerals Management
Scott A. Spellman, U.S. Army Corps of Engineers
Susan Combs, Acting Assistant Secretary for Fish and Wildlife
Dan Smith, Deputy Director, National Park Service
Brian Steed, Bureau of Land Management

 20180814-0008 FERC PDF (Unofficial) 08/13/2018

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