Constitution Pipeline claims that its natural gas pipe from Pennsylvania to New York could enter service as early as the first half of 2019 if it gets the necessary regulatory approvals. Constitution asked the U.S. Federal Energy Regulatory Commission (FERC) to overturn New York’s denial of a required water permit that would allow it to move ahead with the project.
If built, the pipeline would transport up to 0.65 billion cubic feet per day of shale gas from Pennsylvania to New York. New York does not allow fracking. Constitution said New York failed to act within a reasonable period of time on its application and that such failure constitutes a waiver of the Section 401 water quality certification requirement. The Clean Water Act specifies that if a state agency fails or refuses to act on a request for certification under Section 401 within a reasonable period of time, which shall not exceed one year, after receipt of such request, the certification requirements shall be waived, according to Constitution’s petition.
“Here, NYSDEC clearly failed to act on Constitution’s application … within a reasonable period of time,” the company said.
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