March 24, 2001
Attorney general give verbal opinion on pipeline
By Vicki Hunker
Staff Writer
The Ohio attorney general apparently has given a verbal opinion to the Federal Energy Regulatory Commission that says Independence Pipeline Corp. had the authority to do surveys on private property with or without landowner permission.
However, there has been no public announcement of Betty Montgomery's interpretation of state law.
"Our staff was in consultation with the Ohio attorney general's office," said Tamara Young-Allen, FERC spokeswoman. "I know there were phone conversations regarding the Ohio statutes."
However, Young-Allen said there is no letter or paperwork documenting the attorney general's opinion.
Joe Case, a spokesman for the attorney general's office, said there has been no public ruling or opinion.
"We have not, to my knowledge, said anything on that. I know we have not issued an opinion on that," Case said.
"By law, we are only allowed to issue an opinion to a county legal officer such as a county prosecutor," he said. "If the prosecuting attorney wrote a letter to our office and requested an opinion, we would be able to research that and give an objective opinion of the law as it is on the books."
County Prosecutor Ken Egbert Jr. said he will consider asking for an opinion, possibly in conjunction with other counties involved.
Jim Harrison, president of the Seneca County Landowners Association, a group opposing the pipeline, said he was told by personnel in two FERC commissioners' offices and an attorney for one of the commissioners that the opinion had been given.
However, Harrison said, landowners may proceed as if there has been no opinion because it has not been made public.
"Again, I want to caution, nobody does anything rash, even though you might feel your rights are being trampled," Harrison said. "Landowners should document every entry of the surveyor, and if there is any damage whatsoever, document it."
The surveys might be on hold indefinitely.
"ANR informed our staff that they have suspended all activity and called off the surveys," said FERC spokeswoman Young-Allen. "They have assured us that they plan to work with the landowners to resolve any questions or issues."
Harrison and Young-Allen encouraged people to call both toll-free phone numbers if they have any problems with pipeline representatives.
The FERC hotline number is (877) 303-4340. Callers may talk confidentially with commission attorney. The number for Jerome Castillo, the ombudsman hired by Independence to handle complaints, is (800) 998-3847.
Working on the assumption that there has been no attorney general opinion or recommendation on the matter, Sheriff Tom Steyer and prosecutor Egbert said they would follow a similar policy that Ashland County Sheriff Wayne Riser said he's planning to use if his office is called to intervene in trespassing disputes.
If landowners do not give pipeline surveyors permission to survey property, Steyer said, deputies would meet with both sides of the dispute. Unless pipeline personnel can show paperwork from a court that gives them the right to be on the land, the deputy would side with the property owner.
If the pipeline company goes to common pleas court and gets a ruling allowing surveyors on the land, the sheriff's office then would let them do surveys.
Steyer urged landowners to call his office instead of trying to handle disputes themselves.
"If pipeline people are coming on their property and they don't want to give permission, just call us and we'll come out," Steyer said. "I'd rather have that than people out there confronting them themselves."
Although Harrison said the apparent ruling was disappointing, he said the Seneca County Landowners Association and the Ohio-Pennsylvania Landowers Association haven't given up their quest to prevent the pipeline from being built.
"It's not real encouraging at this point," Harrison said. "We are working on other options. We still have our lawsuit going, but given the energy situation, it's going to be hard to get sympathy for landowners."
The controversy revolves around surveys that are required by FERC to identify streams, roads and buildings; determine soil and rock types at boring points under rivers and roads; and identify wetlands, endangered species and the presence of cultural artifacts. But many landowners do not want surveyors on their land to conduct the surveys.
The surveys were one of more than 100 conditions placed on the Independence project which must be completed before construction could start.
If constructed, the $678 million pipeline would be more than 400 miles long and 36 inches in diameter, extending from Defiance through 18 counties in Ohio and Pennsylvania to Leidy, Pa. The pipeline would carry up to 1 billion cubic feet of gas per day.
Independence first filed an application for the project in March 1997 and the company is hoping to begin construction next year.