Here’s a strange one.
On April 7th, the last day to file a comment on the Draft Environmental Impact Statement for the so-called “Constitution Pipeline”, the US Army Corps of Engineers (USACE) filed this comment:
http://elibrary.ferc.gov/idmws/file_list.asp?accession_num=20140407-5245
The USACE is a party to this proceeding because they have jurisdiction for any pipeline which impacts “waters of the United States”.
Don’t try to read it the document above… it’s status was quickly changed to “Privileged”.
Meaning: SECRET.
But not before we saved a copy! Read it here:
A day later, they filed this comment:
http://elibrary.FERC.gov/idmws/file_list.asp?accession_num=20140408-5149
So if you compare both letters, line by line, you will see they are identical. Except for one paragraph at the end:
In addition, the New York, Baltimore, and Buffalo District Corps of Engineers (Districts) are in receipt of requests to extend the public comment period for the Constitution Pipeline Company, LLC proposed 124.4 mile long, 30 inch diameter natural gas pipeline in the states of Pennsylvania and New York. FERC received requests to extend the comment period from the NYSDEC, USEPA, and USDOI. The agencies have stated the complexity of the project, along with some very specific items by the NYSDEC, necessitate additional time for staff review. The Districts have considered these requests and have decided to grant a 30-day extension until May 7, 2014 for input on the Corps regulatory process.
The USACE has a comment period open simultaneously to the FERC comment period.
So why did they feel they had to hide this from public review?
Neither the USACE nor FERC followed their own rules regarding privileged material:
http://www.law.cornell.edu/cfr/text/18/388.112
Such as § 388.112(b)(1):
The cover page and pages or portions of the document containing material for which privileged treatment is claimed should be clearly labeled in bold, capital lettering, indicating that it contains privileged, confidential and/or Critical Energy Infrastructure Information, as appropriate, and marked “DO NOT RELEASE.”
Whoops. Not there. Additionally, Federal law places limitations on what material can be withheld from public view. Looks like these criteria were not met either:
FOIA: http://www.law.cornell.edu/uscode/text/5/552
So what’s going on here?
SPECULATION, partially confirmed by Kevin Bruce of the Army Corps, whom I just spoke with on the phone, who told me, the decision to retract the 30 day comment period “was made above my pay grade”.
Both the FERC and the US Army Corps of Engineers ultimately report to the Commander-in-Chief, i.e., the President of the United States, Mr. Barack “All of the Above” Obama.
This project is apparently being fast-tracked.
Look carefully at this photo. (shot 3/31/14 on I88 near Afton)
THERE IS NO FERC PERMIT YET.
So why is Constitution Pipeline Company
already shipping in materials?
Is this project already been green-lighted?
Is the public process just a sham?
What do they know that we don’t know?
Who pulled rank on the US Army Corps of Engineers?
I’m thinking maybe it was this guy:
Commander in Chief, Mr. All of the Above
(Loves Fracking, Pipelines, KXL, LNG exports, BP drilling in the Gulf, etc)
Great stuff Bill.
Can I speculate? I haven’t a clue and frankly just making this up for fun. New York City and New Jersey coastal protection plan needs to get financed. This is the $20 billion plan Bloomberg announced before bolting. I’d say add another $20 billion to finish it and millions per year for O&M. The initial cost estimate, per many civil engineering projects, is to secure federal dollars. The remaining necessary to finish and operate has to come from somewhere.
Here’s where LNG overseas sales comes in. It will help pay for all that riprap and sheet piling necessary to git r’ done. Clinton and others are getting into the public/private infrastructure business and need alternative financing. Obama still owes the Clintons for submarining Hillary’s campaign in 2008.
Your buddies at IBoE may be excited to help out on this as well. Hell, anything needing digging, scraping, lifting and pushing in non right-to-work states and not by hand, will have IBoE BAs working rooms. btw, hand work is done by laborers. The Irish gave that work to the Mexicans years ago, in Chicago at least. That and drywall. They’ll throw in some work for green infrastructure or some sort of “enviro” bullshit to get folks cooing, grad students a thesis, and foundation support for selling the plan to idiots. And a couple of coastline sanctuaries for birders.
That was fiction and a product of my imagination.