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BREDL and chapters file Motion to Intervene and Comment in opposition to ACP LLC & Dominion Energy Transmission Inc. request for extension of time

Jul. 02, 2020: ACP/Dominion's failure to complete its due diligence - listening to communities, to experts, to the agencies from whom it needed permits - is the reason it has been forced into the position of seeking an extension of two (2) years for the Certificate of Public Convenience and Necessity.

Many of the families along the route of the proposed ACP are having their property taken through eminent domain proceedings in Federal courts. FERC's Environmental Impact Statement (EIS) indicates that as many as 58% of the census blocks though which the ACP would be built could be environmental justice (EJ) communities. Some of the Environmental Justice Group members are part of what is commonly referred to as "heir" property owners. "Heir" properties are properties which were at one time owned by an ancestor who died intestate - with no will. Today the descendants or "heirs" of that ancestor own the property together or as tenants in common with no one owner having a controlling interest in the property.

Dominion Energy and Duke Energy wield much power in the Commonwealth of Virginia and North Carolina. The companies have used their political power to pressure and bully to complete this project and when that did not work, it attempted to use its economic power to try to buy communities into submission. However, even with all the political and economic power available to them, and their willingness to wield it against the people, they could not complete their project within the time frame allotted by FERC. Dominion had sufficient time, but they chose to cut corners, mislead agencies and ignore the facts on the ground. ACP/Dominion proved themselves inept and incapable over the last six years, not because the communities along the route challenged them, but because they, themselves refused to do the detailed, tedious work required of them. While Dominion claims these challenges were unforeseeable and unavoidable, it was Dominion's arrogance abuse of its power that puts them in this position. We ask you to decline ACP/Dominion's request for a two-year extension.

BREDL Motion to Intervene and Comment