Energy Transfer just can’t seem to make up its mind.
Less than a year ago, ET was telling everyone, including federal regulators, that they had more pipeline capacity than they needed to serve Michigan– so much capacity, in fact, that they sought permission from the Federal Energy Regulatory Commission (FERC) to abandon one of their natural gas pipelines. Now, not even a year later, they are preparing to ask FERC for the power of eminent domain so that they can install an even bigger pipeline into and through Michigan– and perhaps right through your property. Does that make sense to you?
Let us explain. Back in 2012, Energy Transfer applied to FERC for permission to abandon a 770-mile stretch of their Trunkline pipeline, a 30-in gas line that ran from the Gulf of Mexico to Michigan so that it could be converted to carry crude oil. This application did not please energy companies in Michigan, especially Consumers Energy. So those companies protested, as did Michigan’s elected officials, including Senators Stabenow and Levin. Even Governor Snyder and the Michigan Public Service Commission cried foul. Consumers and others worried that abandoning Trunkline– which delivered as much as 60 percent of the gas used by Consumers– would negatively affect the reliability of the state’s natural gas supply and perhaps drive up costs.
Energy Transfer adamantly (and sort of snidely) dismissed all of those concerns, including– get this– “environmental concerns… about having to build another pipeline in the future if this one is abandoned.” In fact, Energy Transfer even went so far as to cast Consumers and Michigan state officials as a bunch of hysterical Chicken Littles. That’s not a joke: they actually told FERC, in response to these protests, that “the sky is not falling.” They said a lot of over things to FERC as well, all to reassure them that abandoning Trunkline would have no effect on natural gas supplies in Michigan. For instance, they said:
• Trunkline’s natural gas delivery capacity into the state of Michigan will remain the same both before and after the proposed abandonment;
• Sufficient capacity will remain post-abandonment for Trunkline to meet all of its firm contracted-for capacity, thus ensuring continuity of service;
• No shippers will experience any change in service or harm in terms of quality of service;
In addition, Energy Transfer specifically rejected (several times) claims that “Trunkline should be required to hold unneeded capacity in the unlikely event that it may be needed at some speculative and undefined future date.”
Unsurprisingly, ET got its way in this matter. FERC approved their application to abandon Trunkline, making possible its conversion from shipping natural gas to shipping crude oil. And here’s the punch line: which oil transportation company do you suppose took over Trunkline to ship that crude oil. We’ll give you one guess….
Yep, you’re right: Enbridge. So ET gets to abandon a natural gas pipeline, making it possible for Enbridge to use the same pipeline to ship more crude (and make more money), at which point ET turns around and proposes to build a NEW, BIGGER natural gas pipeline so that they can ship more fracked natural gas through Michigan to foreign markets (and also make more money). How’s that for salt in your wound?
But the important point here is this: if ET Rover has its way, FERC will approve this new project (FERC always approves these applications) and grant them a Certificate of Public Convenience and Necessity. That Certificate would give ET Rover the power of eminent domain, which will mean that landowners in Michigan (and elsewhere) will not have any choice in whether or not ET Rover crosses their property. However, those same landowners will be entirely justified in wondering how FERC could possibly think that this project serves the “public necessity” not even a year after agreeing with Energy Transfer that there is no public necessity for increased natural gas capacity into Michigan.
Of course, ET is going to say that this project is just a matter of responding to their customer’s demands– and that may be true. But FERC’s charge is not to give in to every demand of natural gas developers; its charge is to determine “public necessity.” They need to be reminded of that crucial distinction. (We should also mention, because ET certainly will, that Rover is not a direct replacement of Trunkline; the routes are different. However, they serve precisely the same markets.)
So here’s what is important to take away from this:
First, this pipeline is NOT, according to ET’s own admission, a “public necessity.” It is nothing more than a land grab to allow natural gas fracked from Pennsylvania and West Virginia to pass through your property while offering you and your fellow Michigan citizens very little, if any, benefit. That gas is destined primarily for Canada. We’re just a freeway. That’s bad enough. But more importantly, the fact that FERC (and ET) already concede that that there is no need for this project should, on its own (and self-evidently; its weird that we even have to say it), preclude any approval saying there is a public need.
Secondly, Michigan elected officials, including Governor Snyder, need to be reminded of the position they took on Trunkline a year ago. That is, they should still be concerned about the environmental concerns of building a new pipeline– and they should join landowners, vocally, and publicly, in opposing ET Rover, which again, is not a project designed or projected to benefit Michigan and its citizens.
Finally, as much as landowners should make their concerns about and objections to this pipeline known to ET Rover and its representatives– at their open houses and elsewhere– the real pressure here needs to be put on FERC. Like so many other regulatory agencies, they appear to be little more than an arm of industry. However, the people need to remind them– loudly, persistently, forcefully, and repeatedly– that they work for us, the public, not for private interests.
Eminent Domain is a horrible experience for any landowner.
I need to tell FERC about the crushing, demoralizing, hopelessness,
we felt when we were Court ordered to surrender our land. This is
America!!! How could we suddenly have no rights, no recourse, nothing……
Enbridge took that Court order and ran with it! Enbridge treated
us, (and continues to treat us),worse than the dirt Enbridge was
digging into for their pipe trench.
I repeat, Eminent Domain is a horrible experience for any landowner.
FERC needs to closely examine this petition by Rover before
they decide on what constitutes, “public necessity”.
FERC must understand there is a huge difference between
“need” and “greed”.
We will certainly be writing/calling our elected officials. Tell me how
to make my voice heard at FERC.
We stand with you 100%, Jeff.
I luckily didn’t end up going through the condemnation/ED process, but they (Enbridge) sure did throw it around every chance they could. I will admit right now, there is no way the ET line is going through my property. I have two running lines already buried, and another starting to go in today. Three lines is all I can take. I, we, have shouldered enough of the burden for the common good…..Its about time someone shoulders some for us.
bring them this way again they have been wonderful……………!! from leonard, MI
there have been pipelines underground since 1968.. they are replacing the old one….they are replacing the trees and bring mega jobs to michigan…..whats the problem? I’m at hagerman and they have been great. they are almost done. impressed how a company like enbridge can look over so many wooers and make sure they are doing everything right…they are!! then they will plant 150 trees back.. they have also been cruel free in many ways….hey i have three on my land and if any others want to come my way……….please do…..few weeks of dirt so what…………..we will never depend on others for oil or anything else !! yes I’m a land owner and very proud to say i have history flowing our future energies through my property!!
If only the things you are saying were true! They are NOT bringing “mega jobs” to Michigan, they are NOT replanting all the trees they cut down, they have not been “cruel free” to many landowners, and it has NOT been a “few weeks” of dirt (it’s been more than two years!), and the U.S. will NOT be free of foreign sources of fuel because of Line 6B. Nice try, though.
Exactly, Jeff!
do you live in leonard MI? near oxford? yes they did bring many jobs to local union welders etc….and the out of towers(pipeliners and professionals ) they hired to work in this area have spent money in our ghost town month after month. Our hotels are full, our meijers are full….our restaurants in oxford haven’t stopped serving……….a big boom in our area………lots of gas being pumped at thes gas stations for the big machines, local landscapers have been hired to landscape, local welders , excavators etc…………something ih ad not seen in years!!! and your telling me they have not stimulated our jobs and some of our economy…..try making a reservation at a hotel in our areas? that helps us locals…..of course i do care for my neighbors ……….and I’m sorry things have not gone the way you expected but to sit and complain negativity will bring you negativity your way………seriously…have you tried talking to your land agent? upper management to get your issues resolved? yes trees have been planted………..yes it been cruel free………they were going to cut almost an acre of my trees and after talking to my great land agent and kim…etc…..they did everything possible to avoid that route and at the end of the day they didn’t!! they also tagged three pine trees to be cut near my barn and my land agent did everything possible to avoid cutting them…and i call that pure CRUEL FREE>….they even fenced the whole acre to make sure deer and other wildlife didn’t get hurt during the process……..i know…i watched ……i was there hour after hour watching from my deck which was 30 feet away from the whole pipeline project and they did what they promised they were going to do…IM a land owner…i don’t work for enbridge and i dont know anyone………etc…………….im talking straight from my experience…they started few weeks ago and within 3 weeks they were done…………finished…line buried…………..now waiting for drainpipes to be installed…then seeding………..and they listen…………..they listen……………im always reminded that they want to be sure i am happy at the end of the day!!!!!!!!!i asked them they other day to please weedwack the high weeds by the property line as if felt it needed to be done before seeding they said they would do it ………..within hours…………landagent came and confirmed it and made sure it was all i needed………these are people like us that don’t want to see us get hurt or abused……they want to make sure at the end of the day they have done their job and are also fulfilling their contracts between ourselves and enbridge…………and making sure we are safe and happy!! they even put special fencing (orange fencing ) to keep all my dogs safe as i have quite a few from animal rescues…..and not one water bottle left by one out of hundreds of workers in area on the property!! i checked………..not one…………..!! and why hsouldnt they be praised for their great works? again neighbor I’m sorry for your bad experience but how can i not post this….did u feel i needed not to post the good things they have done because of your bad experience? please again talk to your land agent….talk to your attorney etc…..and have them communicate with enbridge…….even my township was highly impressed by how quick enbridge tries very hard to solve any issues brought up!! i heard it first hand…………and agreed with them that i had a mutual experience with Enbridge..and hope that all other companies in the future will learn from enbridge….as they have learned from their past mistakes and are doing everything to make things right for all of us……..again please communicate….and let ask them to resolve the issues because thats what Enbridge is all about…making sure the landowners and TWP, cities etc….are all happy after this is done!!
and yes cruel free is very important and they have shown that so far!!
ps will pray hard that everyones issues will be resolved…..and that negativity will stop!!
jeff its been three weeks total with my pipeline installation…..now just waiting for the drainage and seeding………and planting of trees ………………!!
Sadly your future, and ours will be one without clean water, or land. I hope you choke on that filthy crude oil.
Welcome to our Open House packet arrived today. Stations 1-7 as follows: 1) Welcome, 2) Engineering, Construction & Safety, 3) Environmental, 4) Regulatory, 5) Right-of-Way, 6) Computer Station, 7) Refreshments & Local Benefits. Nothing of significance in the entire folder.
Thanks, Linda.
Thanks for this informative blog. ET sent a request for permission to survey. I have not responded. What are the pros and cons of not granting permission?
Guy-
Sorry for the slow reply to you. The prose and cons of not granting permission to survey? I don’t see any cons, really. It’s your land and they can’t access it if you don’t allow them to (at this point). The pros of refusing permission is that it sends a clear message that you are not interested. But of course, that decision is entirely yours.
See this URL for a NY Times article on gas pipeline problems in New England: http://www.nytimes.com/2014/07/11/business/energy-environment/new-england-confronts-surging-demand-for-natural-gas.html?emc=edit_th_20140711&nl=todaysheadlines&nlid=47364945&_r=1
I suggest we all try contacting the journalist/author. And, all write lots of letters, put up signs, protest, etc.
Jeff, I work at the Ecology Center and am interested in finding some ways that we can plug in and support opposition to this. If you’re interested in talking more about this, shoot me an email. I’d love to get your perspective on what can be done/what already is being done.
According to the Rover plan as I understand it, the last U.S. distribution point is in Livingston County, reportedly for MichCon. From that point all the remaining gas goes to Ontario. My question is how can the United States Law of Eminent Domain be applied in Oakland and Macomb counties for the public betterment of citizens of a foreign country, Ontario, Canada? Eminent Domain would seem to apply only in the public interest within the U.S., but apparently not?
Our point exactly, Guy. Well put!
Completely agree. Granted its early on with the ET line, but when they do apply to the FERC, I want to see their “proof”. I want a spreadsheet that clearly identifies who and where in the USA is benefiting from this. I would also hope that it would total to at least half the population of the affected area. If it’s for the common good at least 50 percent should come out to the better, and compensation for damages should not be included.
The Diane Rehm show on NPR did a segment today on fracking pipelines. See: http://thedianerehmshow.org/shows/2014-07-15/soaring-natural-gas-production-new-pipelines-and-private-property-rights
I was planning to attend town hall meetings today but cannot because of a family health issue. Please keep the posts coming and let us know of other scheduled events.
Cheers,
Patricia
I went to the meeting Monday night in Fenton Township and I did learn the new pipeline was not going across our property. I heard a lot of people say that this does not affect us because it does not run across their property. I disagree very strongly… this is the wrong approach, we are all in this together…we either fight this new pipeline now or we will be fighting it in the future. Remember most of us has an abandoned Line 6b pipeline in our yards. This is an asset for Enbridge… to come back and put another new pipe in the ground…This time they will say it is for the better go of the land owners not to leave them with a rusty deteriorating pipe in their ground.
Some of us did not have a bad time with Enbridge but that was only because they were leasing our land and not taking it from us like Carol Brimhall ( My Heart goes out to you family) It would have been a very difficult time for all of us if they came and took what they wanted with the eminent Domain process.
I believe that all of the people that are setting on the boards that are making the decisions that affect so many land owners… their prerequisite should be that they also have a pipeline running across their land with the option of Big oil and gas pipeline company’s choosing at any time to come back and install a new or replacement line.
Everyone’s property is valuable to them. We were paid 15,000.00 per acres while some received 6,500.00 and other received 30,000.00 and 35,000.00 per acres. When I contacted my land agent she told me that property was more valuable in different townships. That is where they are missing the mark…. all land owners property are just a valuable to them.
Thank you so much for this, Judy! This is SO important. Those who are not directly affected should be as concerned about their neighbors’ land as they would be about their own!
Also, btw, if you were only paid 15K per acre (and never paid an adjustment), Enbridge owes you money. Did they ever come back and give you a makeup payment?
I am going to check into this! Thank you Jeff.
Hi Judy, and everyone else. I work with Honor the Earth over in Minnesota. We’re deep into our mutli-year/multi-pipline battle against Enbridge. I’m wondering, for any of you that have the abandoned Line 6b running through your yards, if you’ve seen any changes in the land around the pipeline since abandonment.
Hi Nicolette-
I’m Jeff (I write this blog). The pipeline is in my backyard. Most likely, it’s much too soon to see any adverse affects from the abandoned pipe– though that’s no good reason for leaving it! But I’d be happy to discuss this with you more. Maybe shoot me an email? jinsko99@gmail.com
Help! Just found out this new line will cut by “bi- level home in half. Do they by me out? Can I actually fight a billion dollar company? I am the primary access to about a 8 mile streatch
Hi Brad- No, they will not buy you out. And yes, you can fight the company, along with your neighbors. Please attend one of the meetings this week, either in Rose or Groveland Township.
Nice. As a construction type. I cannot wrap my head around a 42″pipe thru a home and then redo it” but yes we will attend the rose meeting tomorrow.
Jeff, there was a house near me that was bought by Enbridge. So it’s possible.
Sure, anything is possible. But are you talking about the Nash house? That’s the only one I know of. And that situation was exceedingly unusual and it took a great deal of legal wrangling and caused an extraordinary amount of stress and strain for the family. In other words, that kind of thing is very, VERY rare. I certainly wouldn’t count on it, not by a long shot.
Jeff I’m not sure who the owners were. But I agree that it is one in a million that it would happen again. Just wanted to point out that it has happened.
this new line there proposing to run and 2016 goes right through my house right through my mabry house I’m just trying to wrap my head around an argument of why they shouldn’t whether they do were they don’t it just kinda ammunition for the future but I appreciate everyone’s comments and concerns that’s nice to know there’s love in about keep conversation going and I thank you guys very much
Brad, IF this new line is approved I bet they will route the line around your house. It still stinks anyway you look at it and I’m just tired of this land grap bull crap.
We have the ET Rover pipeline coming through our property. The agent that has been granted to us has been extremely pleasant. I understand he is just a face. With where the line is proposed they will be cutting down 1/3 of our trees- and that devastates me. My horses will have to be broaded while they are working. And that breaks my heart. I don’t want them to not be able to stay home. I also cannot put the stress of the major demolition on them. It would be too much. The pipeline will run about 150 behind my house- which is too close for me. And will basically make the back part of our property useless. The area where they are putting the pipeline was perked for my brother to build a house. He cannot now. We jokingly said “what if we build the house before this area is approved?” To which the agent pulled out a cease order- we cannot build any permanent structures in any of the proposed areas. It’s so frustrating.
B-
A cease order? No no no no no! They currently have NO RIGHTS on your land whatsoever (you haven’t signed an easement or anything, right?). NONE. You can build whatever you want on that house right now. They have not even filed their application with FERC. That agent is flat out lying to you! Do you have a copy of that cease order? Can you tell me more about what the agent said? This is beyond belief, one of the worst things I have ever heard!
ET Rover just filed papers with FERC for a name change. They’re now “Rover Pipeline LLC”. Does anyone know what this means (if anything)?
Hi Aura-
No, it doesn’t mean anything. It’s just typical corporate rearranging of subsidiaries, etc., probably some clever lawyer found some potential tax break through this kind of maneuver.
Thank you, really appreciate being able to get information here.
We bought 10 acres in the village of Pinckney in Livingston county. A month after we purchased the property we found out about this pipeline and what they wanted to do with it. The property itself is an odd shape limiting building spots. Before we purchased this we spent a lot of time out there figuring out where we would build our house, we even had a builder and excavator out to check the property and where we would/could build. We spent our time researching everything we could and sadly the seller failed to mention this. She was contacted in June about it and we signed the papers July 14th. The pipeline is going to take 40% of the property with an elbow right in the middle. The property is coated in matured pines, which they will be cutting down 60% of the pines. We wouldn’t be able to put the house where we want and one of the features we fell in love with, the trees, will be cut down. We have even changed our son to that school district when bought it so he wouldn’t have to change to it once we built our house. Now we are in limbo as we have been passed from rover rep to rover rep, each one filled with empty promises. We are wanting there to be a different, less disturbing route. We have talked to Rover Pipeline and FERC face to face and still have so many questions. We want what is ours and feel that we are being bullied by the pipeline as we have no say in anything.
we have a map of our property and what they plan on doing with it but we cant figure out how to get it on here.
You dodged a bullet since the Village adopted the no pipeline resolution. Check out the new route and as of 1/15/2015 and you will see they moved it out of the Village limits. I’m sure you’re happy but it now %&$&#*% me over.
I didn’t dodge a bullet. The pipeline was never going through my property. But where are you located? They are no longer going to build the pipeline through Oakland or Genessee counties (or counties to the east).
Jeff, My reply was directed at chris mccraw’s comment. We are in Livingston County. That property they speak of is just a few parcels down the road. Yes, we are still dealing with this fiasco that those believing to know better have put upon us.