WPOA asks FERC for the return of ACP easements and land reclamation

The Wintergreen Property Owners Association has formally filed comments with the Federal Energy Regulatory Commission, asking for the return of easements and land reclamation that were put in place for the now-canceled Atlantic Coast Pipeline. See the entire letter here.

The letter notes that WPOA is actively negotiating with ACP for a satisfactory resolution to outstanding restoration issues and, if successful, is asking the Commission to honor the parties’ agreement when approving ACP’s proposal.

Also, instead of treating ACP’s cancellation of its pipeline as an amendment to its original certificate, the WPOA letter says there should be a formal "request to vacate" or a "petition for abandonment." Traditionally, the letter notes, the government has vacated certificates where companies have canceled projects where a protracted permitting proceeding caused substantial delays, or where a project simply won’t be built.

One concern of several is that so long as the ACP certificate remains intact with FERC, the prospect of the resurrection of the project remains, subjecting property owners to lingering uncertainty. For this reason and many others, WPOA is objecting to the treatment of ACP’s cancellation of the project as an amendment to the certificate.

The letter also states that it is WPOA’s preference to allow felled trees to remain. WPOA’s letter says managed forest regeneration is consistent with ACP’s Proposed Restoration and Disposition Plan. ”We emphasize that it is not a one-size-fits-all solution for all landowners who should each retain the ability to arrive at a restoration solution tailored to address the damage on their unique properties,” the letter says.