Dominion Energy Transmission, Inc. filed with the Federal Energy Regulatory Commission (FERC) on June 22 a new Biological Assessment (BA) for the Atlantic Coast Pipeline (ACP), but designated the information as “privileged and confidential” and thus not available to the public. The new BA, which was developed in consultation with the U.S. Fish and Wildlife Service (FWS), is a necessary step toward the issuance of a new Biological Opinion and Incidental Take Statement (BiOp/ITC) for the ACP, as required under the Endangered Species Act. The Fourth Circuit Court of Appeals had previously twice vacated the BiOp/ITC for the ACP, which led to construction activity on the ACP being suspended in December 2018.
Southern Environmental law Center wrote FERC on June 24 requesting that a public version of the new BA be posted on the FERC docket within five business days (by June 30), in accordance with statutory requirements.