IN
THE
UNITED STATES DISTRICT COURT
FOR
THE
NORTHERN DISTRICT
OF
NEW YORK
CONSTITUTION PIPELINE COMPANY LLC Plaintiff
V
A PERMANENT EASEMENT FOR
ACRES
AND ORARY EASEMENTS F ACRES
NEW
YORK TAX PARCEL
NUM ER
et al. Defendants. CIVIL ACTION Case No.
Electronically Filed
AFFIDAVIT
OF MATTHEW
SWIFT IN SUPPORT
OF
OMNIBUS MOTION FOR PRELIMINARY INJUNCTION
FOR
POSSESSION
OF
RIGHTS OF WAY
BY
FEBRUARY 16 2015 PURSUANT
TO THE
NATURAL GAS ACT AND FEDERAL RULES
OF
CIVIL PROCEDURE
71 1
AND
65
 
Filed 01/12/15 Page 2 of 56
Matthew Swift,
of
full age, hereby declares, pursuant to 28 U.S.C. §I 746,
as
follows:
B CKGROUND
I. I make this Affidavit for the purpose
of
setting forth certain facts in support
of
Plaintiff's Omnibus Motion
for
Preliminary Injunction for Possession
of
Rights
of
Way by February I6, 20IS Pursuant
to
the Natural Gas Act and Federal Rules
of
Civil Procedure
71 1
and 65 (the Injunction Motion ). This Affidavit shall use the same defined terms set forth in the Verified Complaints filed in the series
of
condemnation actions at Case Numbers
2
I reaffinn my statements in the Affidavit
of
Matthew Swift filed in support
of
the Motion for Partial Summary Judgment in this action, with the exception
of
the percentage
of
easements acquired for the Project. Constitution has now acquired at least 80 percent
of
he easements needed for the Project.
3
Constitution must have possession by February
16,
2 I5
of
the Rights
of
Way it is seeking to acquire on each Property in the above-referenced condemnation actions to conduct surveys and construct the Project as required by the FERC Order.
THE CONSTITUTION PIPELINE PROJECT
4
The Rights
of
Way are required to construct, operate and maintain the new pipeline facilities approved in the FERC Order.
 
Document 9 3 Filed 01/12/15 Page 3 of 56
5
The FERC Order requires that Constitution complete construction
of
the Project and make the new pipeline facilities available for service within twenty four months
of
the date
ofthe
FERC Order,
or
by December 2, 2016. FERC Order,. Ordering Paragraph
E l).
1
6. The pipeline is approximately 124 miles long. and in order to expedite construction, Constitution has divided the pipeline into 5 construction spreads, each
of
which will have twelve crews to perform all construction tasks. The pipeline is illustrated in Exhibit B attached hereto, titled Constitution Pipeline Company, LLC, CPL Unacquired Tracts. which shows the pipeline route from Susquehanna County, Pennsylvania to Schoharie County, New York and the locations
ofthe
properties along the route which are the subject
of
this Omnibus Motion.
7
The construction
of
large-diameter natural gas pipelines is accomplished in linear segments, with a
number
of
different crews performing different functions as part
of
the overall pipeline spread. Each crew follows the one ahead
of
it from one end
of
a construction spread to the other. The crews (and equipment) proceed sequentially in an assembly-like fashion along the construction corridor at a rate (distance per day) that depends
on
topography, road and stream crossings, and other factors. In addition, there will be specialty crews that typically do not work sequentially with the other crews. The specialty crews perform tasks
such
as road borings, stream installations, and trenchless crossings
of
environmentally sensitive areas.
8
Pipeline construction begins with tree and vegetation clearing, and installation
of
environmental controls, followed by grading and trenching. Thereafter, stringing, pipe bending, welding, and coating
of
the pipe takes place, followed by installation, backfilling, remediation, The FERC Order, Constitution Pipeline
Co
. 149 FERC ,161,199 (2014), is available at http:/ eli brary. ferc. gov idm ws/common/opennat.asp ?fileiD=
13
699722#. A true and 2
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