The Capitol Pressroom Program for May 13, 2010
Welcome to the Capitol Pressroom for Thursday May 13th. I’m Susan Arbetter. This place can be more melodramatic than a community theater audition for the Glass Menagerie. Here’s what happened on Wednesday, which could go down as one of the worst days in Governor Paterson’s political career —- After signing off on raises for 5 members of his staff totally $45,000 dollars, there was an enormous hue and cry from state workers who saw the pay increases as a double standard. No sooner did he back off on the pay-raises, than an Albany court ruled with the unions to issue a stay in his proposed plan to furlough state workers. And to top it all off, about 20-some members of the Assembly staged a 1960’s-style “sit in” in the Governor’s office to end the budget stalemate…. We will get updates on all this drama, as well as the possible marriage of eminent domain and gas drilling.
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2 Comments
I believe I heard an attorney on the program say that natural gas pipelines that are permitted by the Federal Energy Regulatory Comission (FERC) – interstate lines like the Millenium Pipeline in the Sounthern Tier – do not have eminent domain power.
These lines certainly DO have eminent domain power. And so do many of the intrastate lines that are permitted by the NYS Public Service Commission. At a presentation last fall by the Director, the Deputy Director and a senior attorney of the Department of Public Service (DPS), the administrative arm of the PSC, we learned that it is rather easy for a pipeline company to get “utility status” and then those lines can also have eminent domain authority.
It is best to assume that all pipelines will have eminent domain authority. Interestingly there is a class of pipelines in NYS that do not require any formal permitting and no tracking or supervision: gas pipelines at less than 125 pounds per square inch (low pressure) are such. There are 12 inch lines like this currently being planned and installed in some central NY counties. The lack of oversight and mapping is a clear and present danger. At a minimum these and all other gas lines should be subject to required registration to minimize the possibility of being ruptured by a nearby digging operation.
Finally, the guest’s suggestion to: “consult an attorney” should a citizen need assistance with a possible pipeline near their residence, would be helpful if there were many attorneys knowledgeable about the intracacies of natural gas pipelines. Despite the liklihood that NYS may soon be criss-crossed with all sorts of gas pipelines moving Marcellus gas from well to consumer, there are precious few people who have a comprehensive understanding of pipelines, and associated compressors and other processing facilities, and the pertinent law. Beware.
Stanley R Scobie, Binghamton, NY
How long does moderation take?
Stan Scobie, Binghamton