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Commissioner Richard Glick
August 3, 2018
Docket Nos.
CP16-10-003, CP16-10-004 & CP16-13-002
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Concurrence on Mountain Valley Pipeline, LLC

I join today’s order because I believe that Commission Staff appropriately issued a variance from the tree clearing deadlines established in the Commission’s order granting a certificate under section 7 of the Natural Gas Act to the Mountain Valley Pipeline (MVP). However, in the months following Commission Staff’s letter order, a decision by United States Court of Appeals for the Fourth Circuit has called into question the status and viability of MVP. 1 Given the serious concerns raised in the Court’s decision, I believe that the Commission must reconsider whether any development of the pipeline is appropriate until these concerns have been resolved conclusively.

For these reasons, I respectfully concur.

                                               

    1 Sierra Club, Inc. v. United States Forest Serv., No. 17-2399, 2018 WL 3595760 (4th Cir. July 27, 2018) (vacating and remanding decisions by the United States Forest Service and the Bureau of Land Management); see also Order, Sierra Club, Inc. v. United States Army Corps of Eng’rs, No. 18-1173 (4th Cir. June 21, 2018) (staying an Army Corps decision pending judicial review).
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