FERC Slams Algonquin Pipeline over Serious Violation on the Hudson River

CORTLANDT, NY — Algonquin Pipeline officials have seven days to tell the Federal Energy Regulation Commission why they disregarded a federal monitor's instructions and excavated a wetland outside their construction zone needlessly while struggling with a problem that was anoise nightmare for the neighbors.

FERC laid out clearly what the company did wrong:

On August 28, 2016, Algonquin experienced a break in the drill stem while
attempting the pullback of a 5,000-foot-long HDD. The Commission’s on-site
Compliance Monitor was informed that Algonquin believed the break was within a
wetland adjacent to the drill entry side and Algonquin would likely excavate the wetland
(including removal of trees) to access the drill stem. Our Compliance Monitor directed
Algonquin that additional information was required prior to approval of this anticipated
variance regarding the disturbance of a forested wetland located outside of the authorized
construction workspace. However, Algonquin went forward with the excavation of the
wetland, after the Compliance Monitor had left the site, without requesting Commission
approval or attempting to receive any other agency approvals until after the excavation
was complete. We further understand that the unauthorized excavation in fact did not
access the drill stem (that is, it was in the wrong place). Based on this information, we
have determined that this is a Serious Violation of the Commission’s Order under
environmental conditions 1, 4, and 5.

The failure to pull 42-inch diameter pipe through the hole it drilled under the Hudson River from Stony Point to Verplanck is what pushed Spectra Energy's crew to dig up the wetland — and a host of other activities. The setback in Cortlandt led to extraordinary noise problems for neighbors as crews mounted, used, dismantled and remounted pneumatic hammers to get out pieces of new pipe stuck under the river.

SEE: Noise Nightmare as Algonquin Pipeline Woes Lead to 24-hour Work

This is a setback for the project to expand the Algonquin fracked-gas pipeline, which runs through Rockland, Westchester and Putnam counties on its way to New England.

Still, the feds did not come down as hard as they could have:

To date, we have not found it necessary to issue a “stop work” order for the construction; however, we cannot continue to see this type of noncompliance. Based on your response to this letter, we may refer this matter to the Commission’s Office of Enforcement for further investigation.

Within seven days of the date of this letter, please file:
a) an explanation of why Algonquin proceeded with disturbing a wetland without advance notification or approval of any agency;
b) any measures Algonquin will put in place to ensure that further noncompliance will not occur;
c) the calculations Algonquin made to assume the drill stem was within the wetland;
d) copies of all relevant permits and authorizations for impacting this wetland; and
e) a detailed plan for restoring the wetland.

MAP/ Spectra Energy