Advocates of the US natural gas pipeline industry expressed
concern Tuesday over an Obama administration decision to delay
construction of a controversial crude oil pipeline, fearing the move
could have negative implications for natural gas pipeline
development.
The US Justice and Interior departments and the US Army Corps of
Engineers on Friday issued a joint statement halting construction of
a portion of the Dakota Access project, a 1,172-mile, 30-inch oil
pipeline being built to carry crude oil from North Dakota's Bakken
and Three Forks producing fields across four states to a major
refining area in Illinois.
The project is about 60% complete and Energy Transfer Partners
remains committed to finishing it, despite the halt in construction,
CEO Kelcy Warren told employees in memo Tuesday.
The administration action came after a federal judge ruled against a
bid by the Standing Rock Sioux Indian tribe to block pipeline
construction.
The tribe and their allies in the environmental community had been
staging protests along the pipeline route, which they said would
travel over sacred Native American sites.
While the Federal Energy Regulatory Commission's process for siting
gas pipelines differs substantially from the process to approving
crude oil pipelines, gas pipeline advocates worried that the
administration's action could have a negative knock-on effect on the
gas industry.
"With its decision, the administration has turned the process for
pipeline infrastructure projects that just engage in National
Historic Preservation Act Section 106 tribal consultations into a
moving target," Cathy Landry, a spokeswoman for the Interstate
Natural Gas Association of America, said in an email Monday.
"Regulatory approvals for these expensive infrastructure projects
should be predictable and transparent. It is not good public policy
to change the rules or expectations midstream," Landry said.
Landry said the administration's action in the Dakota Access has
cast unnecessary doubt on the future of that project.
"In this case, not only were the expectations changed, but the
project sponsor was provided with no date certainty on when it could
complete the project," she said. "We believe that permitting rules
should be consistent and predictable. Changes to those rules should
be made prospectively using proper administrative procedure."
Christopher Stockton, a spokesman for The Williams Companies, noted
that there are some important differences between the process that a
company such as Williams must follow to gain approval for an
interstate gas transmission pipeline and that needed for approval of
an oil pipeline such as Dakota Access, a project of Energy Transfer
Equity Partners.
"Our projects are FERC-regulated, unlike Energy Transfer's Dakota
Access Pipeline, and consequently 100% of the project land
requirements are subject to survey and full agency review," he said
in an email. "Importantly, the FERC requires early
coordination/consultation with Native American tribes, which
continues throughout the entire permitting process."
Criticism of the administration's decision to halt pipeline
construction also came Tuesday from energy industry-friendly groups
and representatives of labor unions.
"We think that the administration is basically siding with
protesters over a pipeline project where the project has already
been permitted," Michael Whatley, executive vice president of the
Consumer Energy Alliance, said Tuesday. "You could say any pipeline
that is going to be protested could be subject to the same process,
and that alarms us."
Whatley noted that the administration's action followed a ruling by
US District Judge James E. Boasberg that pipeline construction could
proceed.
"He basically had said the environmental impact statement has said
this route was by far the safest route, and this route is not on the
tribal lands that are being talked about," Whatley said.
"The fact that they basically took all of that into the decision and
said, 'We're going to slow this down and we're going to do another
look at the environmental and historical impacts and more
stakeholder involvement,' ... is just a delay," he said.
In a joint conference call with reporters Tuesday, American
Petroleum Institute President and CEO Jack Gerard and North
America's Building Trades Unions President Sean McGarvey decried the
decision to halt pipeline construction.
"The administration has unilaterally attempted to change the rules
in the middle of the game," Girard said. He added that the
administration's action represented "a dangerous precedent for our
country."
McGarvey added that as a result of the decision to halt construction
on the project, "750 of our members are idle, they're not receiving
pay."
These idled workers "are not going to be able to stay in limbo
forever," he said.
He warned that that the Obama administration decision on the Dakota
Access line could have implications for any major infrastructure
project, beyond just those undertaken by the energy industry, "if
some vocal, violent minority wants to harness the power of the
executive branch."
--Jim Magill,
jim.magill@spglobal.com
--Edited by Jason Lindquist,
jason.lindquist@spglobal.com
© 2016 Platts, The McGraw-Hill Companies Inc. All rights reserved.
To subscribe or visit go to:
http://www.platts.com
http://www.platts.com/latest-news/natural-gas/houston/decision-to-delay-dakota-access-construction-21510925