By William Opalka
Tennessee Gas Pipeline is asking Massachusetts regulators to grant it access to more than 400 properties whose owners have refused to cooperate with the company as it prepares for construction of the Northeast Energy Direct project.
In a petition to the Department of Public Utilities, the pipeline said access is needed to conduct “civil, archeological and cultural resources, wetlands and waterbody delineation, and endangered or rare species” surveys as part of the project’s review by federal regulators (16-03).
The order would be “preliminary to eminent domain” actions if property owners continue to refuse permission. The project would transport natural gas from Pennsylvania into New England. (See Northeast Energy Direct Files for FERC Certificate.)
“Tennessee has in good faith made efforts to obtain survey permission from owners of survey properties, including sending at least two letters requesting survey permission and attempting to discuss the request in person or via telephone,” the petition says. “Many survey property landowners have granted Tennessee permission to conduct the surveys.”
However, 408 have “either expressly refused to grant Tennessee permission to conduct the surveys or not granted Tennessee permission to conduct the surveys,” the petition says.
“These landowners are minding their own business and seeking to simply live their lives in peace. We are working to ensure that they have the legal guidance they need to deal with this assault on their privacy and unjustified intrusion on their property,” Kathryn Eiseman, president of the Pipe Line Awareness Network for the Northeast, said in a statement.
The company, a unit of Kinder Morgan, said it needs a 400-foot wide corridor along the project’s route. It said that Massachusetts law allows granting of the order before FERC gives final approval for the project.
The department has scheduled six hearings statewide on the company’s request, starting in Pittsfield on March 29. Written comments will be accepted through May 6.