A request by Dominion Transportation, Inc. (DETI) and Atlantic Coast Pipeline, LLC to extend the deadline for tree felling until May 15 has been denied by the Federal Energy Regulatory Commission (FERC). Responding to a March 15 request for an extension of the tree felling deadline (March 15 for Virginia; March 31 for North Carolina and West Virginia), FERC stated in its March 28 letter:
As part of your applications, Atlantic and DETI committed to minimizing impacts on both migratory bird species and threatened and endangered species by adhering to time-of-year tree felling restrictions. Accordingly, this mitigation measure is one of many that the Commission considered in its Order when granting Certificates to Atlantic and DETI. After a thorough review of your request, we find that it would not offer an equal or greater level of protection, and deny Atlantic and DETI’s request to modify the time-of-year restrictions established during project review.
The impact of the denial to extend tree felling for the ACP will likely result in adjustments to the construction timetables for the project. ABRA’s Compliance Surveillance Initiative (CSI) program is evaluating the specific effect the denial may have. Further details will be provided in next week’s Update. Dominion/ACP has 30 days to appeal the ruling.