FERC Urged to Investigate Midship Pipeline Restoration Issues

Strategic Insights -

Central Land Consulting, LLC and landowner Lyndle Shelby have petitioned Chairman David Rosner of the Federal Energy Regulatory Commission (FERC) to investigate and address long-standing restoration concerns related to the Midship Pipeline Company, LLC. The plea follows FERC's December 16, 2021, Order to Show Cause, which required Midship to submit a detailed plan for investigating buried rock and construction debris on the landowners' properties. Despite multiple attempts to engage FERC staff, including hundreds of filings and communications, landowners claim that the pipeline company has failed to address compliance issues, and FERC has not taken adequate action.

Key Takeaways:

  • FERC issued an Order to Show Cause against Midship Pipeline Company, LLC on December 16, 2021, requiring a detailed plan for investigating buried rock and construction debris.
  • The Commission ordered Midship to file a remediation plan for removing any rock and construction debris found during the investigation.
  • Landowner Lyndle Shelby has experienced significant economic and financial impact due to non-compliance and restoration issues.
  • CLC and Lyndle Shelby have exhausted all remedies, including engaging with FERC's Office of Energy Projects and FERC legal advisor Henry Engelstein, but have seen little to no action taken.
  • Midship has been unwilling to remove buried construction debris and fully restore the properties unless directed by FERC.
  • The compliance issue has dragged on for six years, with FERC staff reportedly not taking the issues seriously.

Statistics:

  • 6 years: the duration of the compliance and restoration issues related to the Midship Pipeline.
  • 100+ filings: the number of documents submitted to FERC by CLC and Lyndle Shelby to address the issues.
  • Hundreds of communications: the number of emails, phone calls, and other attempts made to engage with FERC's Office of Energy Projects.

Sources:

  • Central Land Consulting, LLC (FERC Docket Nos. CP17-458, CP19-17)
  • Letter from Lyndle Shelby to Chairman Rosner, dated December 16, 2021, via Central Land Consulting, LLC
  • FERC, Order to Show Cause, December 16, 2021
  • Email from Nate Laps, President of Operations, Central Land Consulting, LLC
  • Lyndle Shelby's Tract GR-0312.010 Exhibit A Photos

Note: The sources listed are based on the provided text and include the official FERC documents and correspondence mentioned in the original letter.