VOF responds to recent exchange between FERC, ACP

The Virginia Outdoors Foundation yesterday responded to recent exchanges of information between the Federal Energy Regulatory Commission (FERC) and the Atlantic Coast Pipeline (ACP) related to the possible crossing of 10 VOF easements by the current proposed pipeline route.

FERC sought input from ACP about the proposed crossings in a letter to the developers on October 26. ACP responded on November 9. In its response, ACP wrote, “After a series of consultations with VOF, Atlantic filed ten applications with VOF in May 2016 for minor conversions under Va. Code §10.1-1704.…” It also stated, “Atlantic believes that it will have met all relevant state statutory criteria for VOF approval of the crossings if they are deemed to be conversions….”

In its December 5 response, VOF wrote, “It is VOF’s position that the proposed ‘conversions’ under this code section are not minor and, in fact, would represent the largest conversion of open space land in VOF’s 50-year history.”

Regarding ACP’s second statement, VOF clarified its position that any crossing of its easements would constitute a conversion of open space. “It is not a question at this time of whether the crossing will be deemed to be a conversion but rather whether Atlantic will have met the statutory requirements of Va. Code § 10.1-1704.”

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