Dear Federal Energy Regulatory Commission,

The undersigned organizations request an extension of time on the public comment period for Mountain Valley Pipeline LLC’s June 24th, 2022 ‘REQUEST FOR EXTENSION OF TIME’ until October 2026 to complete the Mountain Valley Pipeline project. With this request, Mountain Valley is asking FERC for more time (four years) than they received in their original Certificate of Public Convenience and Necessity (three years) to complete the project. This is addition to the two-year extension the Commission already gave Mountain Valley in 2020. This is a significant request, and warrants thorough review and consideration by all affected parties and the time needed for such review. Nonetheless, in the Commission’s June 29, 2022 Notice of Request for Extension of Time (Notice), it gave 15 calendar days (until July 14, 2022) for intervention and comment.

Fifteen calendar days is not adequate time for all stakeholders, including directly impacted communities, to obtain information and participate in the FERC public comment process. Considering there is also a federal holiday during this period, it is only 10 business days. Further, many of the communities affected have little access to high-speed internet and rely on postal mail for notice, lessening the time even more. Fifteen calendar days. Fifteen calendar days is not an adequate period of time to allow for review of the content of the extension request, determine if intervention in the proceeding is necessary, consult with legal counsel and experts, draft comments and navigate FERC’s system in order to comment.

Importantly, FERC has outlined its priorities for 2022-2026 as building public trust, increasing agency transparency, and increasing public participation accessibility. The missions of our organizations include equipping members of the public with the tools and information needed to participate in Commission proceedings, so that their rights to participate in public matters that directly impact them can be fully exercised.

Extending the public comment period on this proceeding is a tangible way for FERC to demonstrate accountability to its stated priorities. The undersigned’s request for comment period extension is for the following reasons:

- The Commission's Notice is not consistent with FERC’s Strategic Plan. FERC’s Strategic Plan for 2022-2026 lists Goal 3 as “Achieve organizational excellence by…executing responsive and transparent processes, as well as proactive engagement and education, to strengthen public trust.” Objective 3.2 states strong commitments to work with affected communities and landowners directly impacted by Commission proceedings as well as the FERC Office of Public Participation (OPP).  Objective 3.3’s purpose reads: “To demonstrate FERC’s commitment to integrity, fairness, and ethics as public servants and in the exercise of its regulatory authority.” Extending the comment period for this proceeding to allow for adequate public education and participation would be a way to build increased public trust and public engagement with FERC proceedings.

- The notice was released days before the federal Fourth of July holiday, and the comment period window includes the same holiday. Many interested in this issue likely have not seen the notice to date, truncating their ability to have sufficient time to review relevant information. MVP’s request for a four-year extension of their Certificate of Public Convenience and Necessity is an enormous request, with lasting and irreparable consequences for directly impacted communities and the nation’s prolonged dependence on fossil fuels that are causing the climate crisis. The scope, timeline and impacts of the project, as well as the global circumstances of climate change have changed dramatically since the project was proposed. More than two weeks is needed for the public to adequately respond to the proceeding.

- Many of the directly impacted community members lack access to high-speed internet, and therefore their ability to participate in this proceeding is severely impacted and the comment period should be extended to allow for access to the materials needed to adequately participate. FERC has indicated its preference is to receive electronic comments, and 15 days is not enough time.

- Citizens who have direct experience with documenting, observing or uncovering Mountain Valley's violations and pollution incidents on the ground must be given adequate time to participate in this proceeding. Evidence of hundreds of previous violations and repeated loss of federal authorizations show that Mountain Valley is not likely to construct this pipeline in compliance with all environmental and water quality laws, and the public deserves adequate time to convey this to the Commission.  

- FERC’s online docket system is notoriously difficult to navigate and access. More than 15 days must be granted in order to give members of the public and directly impacted community members adequate time to learn about the intervention process and decide if intervention in the proceeding is appropriate for them, engage with resources on how to navigate FERC’s online docket system, understand the proceeding and prepare their testimony.

- The rapidly escalating intensity and consequences of unchecked greenhouse gas emission-caused climate change necessitate adequate time for members of the public and all stakeholders to participate in the process of public comment on this FERC proceeding. Directly impacted communities along the MVP route are still struggling through the impacts of myriad national crises; including the COVID pandemic, an escalating climate crisis, economic distress, environmental injustices, impacts of racist and colonialist systems and the loss of their democratic rights.

In closing, a comment period extension is essential, and would still allow FERC sufficient time to review the comments and make a decision. MVP's existing Certificate extension does not expire until October 2022, and there is ample room to allow adequate time for public comment.  

Respectfully,
The Undersigned