Currents - Energy Industry Insights: Volume 5, Issue 3 - January 2021

In a Rare Rebuke, FERC Fails to Approve Mountain Valley Pipeline's Proposal -

The Federal Energy Regulatory Commission deadlocked 2-2 on Mountain Valley’s request to bore under streams and wetlands along the pipeline’s first 77 miles in West Virginia."

Why this is important: FERC’s Chair placed the matter on the agenda without realizing that the tie-breaking vote of Commissioner Christie would not be available, as Commissioner Christie recused himself from the vote due to his previous role with the Virginia SCC. As a result, the matter likely may not get back on the FERC agenda under the Biden administration. This leaves MVP with no real solution for constructing the 77-mile segment of the pipeline in West Virginia and threatens to further increase the cost of the project, which already has increased by $2.3 billion from its original cost estimate.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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