Proceedings for the Kinder Morgan Tennessee Gas Pipeline Connecticut Expansion Project (CP14-529) impacting Southern Berkshire County (Town of Sandisfield) and Hampden County (Town of Agawam) in Massachusetts, Albany County New York, and Hartford County Connecticut to service Connecticut gas distributors.
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Jump down to Berkshire Superior Court Article 97 Eminent Domain proceedings
»Federal Energy Regulatory Commission (FERC) proceedings
- MassPLAN Letter to FERC re: discharge, 12/22/17
- MassPLAN Answer in Opposition to TGP In Service Request, 10/23/17
- NITHPO Request for Rehearing, 5/8/2017
- TGP Answer to MassPLAN Request for Rehearing and Motion to Stay NTP , 5/5/17
- MassPLAN Request for Rehearing of NTP and Motion to Stay NTP, 4/24/17
- S.T.O.P. Comment regarding unlawful Notice to Proceed, 4/14/17
- MassPLAN Letter to FERC re: tolling order, response to DCR, 4/13/17
- MassDCR Comments of Leo P. Roy (Reply to Kathryn Eiseman re: Fields), 4/13/7
- TGP Answer to NITHPO Motion to Intervene Late, 4/12/17
- NITHPO Answer in Opposition to TGP’s Requests for NTP, 4/12/17
- FERC OEP Letter granting Notices to Proceed, 4/12/17
- NITHPO Motion to Intervene (late), Motion for Extension of Time, 4/10/17
- MassPLAN Letter re Condition 28 meeting, 4/10/17
- MassPLAN Answer in opposition, 4/7/17
- TGP Request for Notice to Proceed (full construction), 4/6/17
- TGP Request for Notice to Proceed (tree felling), 4/6/17
- MassPLAN Letters to MassDCR Comm Roy re Cold Spring Road Fields, 3/27/17
- MassPLAN Letter to FERC re pipe yards, 3/15/17
- TGP Request for Notice to Proceed (CT & NY pipeyards), 3/14/17
- TGP Final treatment plan for Ceremonial Stone Landscape features, 3/7/17
- ACHP 2/8 letter regarding consultation to develop an MOA, 2/23/17
- MassPLAN further comment on various claims made in TGP Expedited Request, 2/16/17
- MassPLAN Initial Response to Expedited Request, 2/16/17
- TGP Expedited Request and filing of 2/14 Final Judgement 2/15/17
- Mass Dept. of Environmental Protection letter in opposition to tree-felling request, 2/6/17
- MassPLAN letter re delegated authority and tree felling, 2/6/17
- MassPLAN letter re CT utilities falling short of demand forecasts, 2/1/17
- Letter of S.T.O.P. opposing notice to proceed and seeking action on rehearing request, 1/30/17
- MassPLAN Answer in Opposition to TGP’s renewed request for notice, 1/30/17
- ACHP comment on Section 106 consultations, 1/30/17
- TGP Renewed NTP Request, Timeline, and Permit Table, 1/27/17
- Narragansett Indian Tribal Historic Preservation Office response to FERC, 1/3/17
- Notification of Adverse Effect for the Connecticut Expansion Project, 12/29/16
- Response of MA DCR to TGP (with affidavits), 4/14/16
- TGP Supplemental Response re: USFWS, 4/13/16
- MassPLAN Supplemental Answer in Ongoing Opposition to Request for Tree Felling, 3/31/2016
- TGP Response to FERC Request for Additional Info, 3/31/2016
- FERC Letter to TGP Requesting Additional Information in Response to the Request for Limited NTP, 3/25/16
- MassPLAN Answer in Opposition to TGP’s Request for Notice to Proceed with Tree Felling, 3/24/16
- TGP Implementation Plan and Request for Partial Notice to Proceed with Tree Felling, 3/22/16
- Press Release – STOP Files Notice of Intent to Sue FERC for Violating the Clean Water Act, 3/22/16
- STOP – CT Expansion Stay Motion, 3/17/16
- TGP Acceptance of Certificate, 3/16/16
- PLAN-NE on Bill Newman Show, 3/15/16
- FERC Certification, 3/11/16
- PLAN-NE Comment regarding claims of urgency, 2/29/16
- TGP Request for Certification, 2/25/16
»MassDEP 401 appeal proceedings
“10 citizens”, including members of PLAN-NE, and landowners in Sandisfield, who filed together with the Berkshire Environmental Action Team appealed the MassDEP 401 Water Quality Certification for the Connecticut Expansion Project. Our appeal requests an adjudicatory hearing to challenge the DEP’s determination “that there is reasonable assurance this ‘natural gas pipeline expansion project’ will be undertaken in a manner which will not violate applicable Massachusetts Surface Water Quality Standards (Regulations at 314 CMR 4.00) and other applicable requirements of state law.”
- 04/17/2017 – MassPLAN Letter to MassDEP regarding enforcement of 401
- 04/05/2017 – MassDEP corrected 401 WQC
- 03/27/2017 – MassDEP Final Decision
- 03/22/2017 – OADR Presiding Officer Recommended Final Decision
- 02/13/2017 – Closing briefs : Petitioners’, MassDEP, and TGP
- 01/20/2017 – OADR Post Hearing Orders
- 01/17/2017 – TGP Motions to Supplement and Dismiss with 404 Exhibit
- 12/28/2016 – DEP’s Pre-trial Memorandum of Law with Testimonies
- 12/14/2016 – TGP’s Pre-trial Testimony and Memorandum of Law with Testimonies
- 11/14/2016 – Citizens’ Pre-trial Memorandum of Law and Testimonies
- 10/13/2016 – OADR Pre-Screening/Pre-Hearing Conference Report and Order
- 09/29/2016 – DEP Pre-Hearing Conference Statement
- 09/28/2016 – DEP filed Order Denying Motion to Stay
- 09/28/2016 – TGP filed Special Appearance and Pre-Hearing Statement
- 09/28/2016 – DEP email request for additional day
- 09/28/2016 – AG filed Certified Index of the administrative record to date
- 09/21/2016 – Citizens’ Pre-Hearing Statement and Confirmation of Settlement Discussions
- 09/12/2016 – TGP filed memorandum in response to Citizens’ and DEP’s opposition to TGP’s motion to stay the DEP appeal
- 09/02/2016 – DEP filed opposition to TGP’s stay motion
- 08/26/2016 – Citizens filed opposition to stay motion; DEP filed motion for extension of time to respond to TGP
- 08/17/2016 – TGP filed a motion to stay DEP’s process
- 08/08/2016 – DEP issued scheduling order; amended 8/15 to accommodate agency lawyer’s schedule
- 07/20/2016 – Citizens filed an appeal to the 401WQ certification
- 06/29/2016 – DEP issued 401WQ certification
»US District Court 401 proceedings
Kinder Morgan Tennessee Gas Pipeline’s response to the “citizens” appeal of the MassDEP 401 Water Quality Certification was to sue all of the petitoners, and MassDEP, in federal court.
- 09/29/2016 – Federal District Court hearing scheduled on TGP’s injunction – CANCELLED
- 09/27/2016 – Federal District Court ruled staying the proceeding until 30 days after USCA rules
- 09/23/2016 – TGP memo in opposition to Motion to Stay
- 09/23/2016 – TGP reply to Citizens’ and DEP’s opposition to TGP Motion for Preliminary Injunction
- 09/12/2016 – Citizens Motion to Dismiss, Memo in Support, and Corp. Disc. filings in response
- 09/12/2016 – DEP Motion to Stay, Memo in Opposition, and Answer to Complaint filings in response
- 08/16/2016 – TGP filed suit with Federal District Court against Citizens group individuals & DEP, saying can’t appeal to DEP and DEP can’t stay construction due to NGA Section 19(d)
»US First Circuit Court of Appeals 401 proceedings
The citizens who filed the appeal of the MassDEP 401 Water Quality Certification lodged an appeal at the First Circuit Court of Appeals to preserve all rights to appeal in federal court should that become necessary.
- 03/15/2017 – Ruling (for the Petitioners)01/25/2017 – TGP Response to 28 J Letter
- 01/25/2017 – DEP Response to Motion to Supplement
- 01/20/2017 – DEP 28 J Filing
- 01/17/2017 – TGP Motion for Leave to Supplement the Record on Appeal
- 12/02/2016 – USCA Court Date Notice
- 11/28/2016 – Citizens filed Reply Brief
- 11/14/2016 -TGP filed Response
- 11/14/2016 – DEP filed Response
- 10/14/2016 – Citizens filed Petitioners’ Brief
- 10/04/2016 – First circuit Court of Appeals denied Motion for Extension
- 10/03/2016 – TGP filed Response to Motion to Extend Briefing Period
- 09/30/2016 – Citizens filed Motion for Briefing Extension
- 09/27/2016 – Citizens filed District Court’s orders staying the proceeding requested that a hearing be scheduled on their 9/2 motion to stay
- 09/20/2016 – Citizens filed Reply memo in further support of expedited motion for stay
- 09/14/2016 – DEP motion to extend time for filing of administrative record
- 09/14/2016 – TGP Opposition to DEP’s 9/14 request for 12-day delay
- 09/13/2016 – TGP filed Opposition to Petitioners’ Motion to Stay, or in the alternative, Motion To Dismiss
- 09/02/2016 – Citizens filed a motion to stay or dismiss, on the grounds that DEP’s certificate’s not Final, so we can appeal at agency (just the memo in support)
- 09/01/2016 – USCA Expedited Appeal Order
- 08/26/2016 – Citizens filed an appeal with First Circuit Court of Appeals to reserve rights to appeal DEP final decision
»Berkshire Superior Court Article 97 Eminent Domain proceedings
Kinder Morgan has filed an eminent domain condemnation complaint (Docket 1676CV00038) in Berkshire Superior Court seeking condemnation of easements and immediate possession and entry (to begin construction).
- TGP filing of Final Judgment 2/14/17
- AG Response to Stakeholder Opposition , 1/30/17
- TGP Response to PLAN/BEAT letter, 1/30/17
- PLAN/BEAT Comment letter to Judge Agostini re. Compensation Judgement, 1/23/17 (*This letter was prepared for submission to Judge Agostini. However, the Berkshire Superior Court would not accept the letter when Jane Winn of the Berkshire Environmental Action Team (BEAT) sought to submit it, as BEAT is not a party to the eminent domain proceeding.)
- Joint Motion of TGP and Commonwealth Defendants to Approve and Enter Consent Judgment Issuing Final Judgment Order of Taking by Eminent Domain, 12/29/16
- AG Opposition to TGP Appeal to Lift Stay, 6/15/16
- TGP Memorandum of Law in Support, 6/8/16
- TGP Appeal to Lift Stay, 6/8/16
- Opposition of the Commonwealth of Massachusetts, 4/8/16
- Mass Audubon Amicus Brief, 4/7/16
- Superior Court Order granting extension, 3/29/16
- TGP Condemnation Complaint (without attachments), 3/16/16
- TGP Memo in Support of Motion, 3/16/16
- TGP Condemnation Complaint (full complaint 150 pgs), 3/16/16