NiSource Columbia Gas: NiSource Columbia Gas: Conflict AnalysisConflict Analysis

Anna McCreery Anna McCreery Amanda NahlikAmanda NahlikRyan PilewskiRyan PilewskiKristina SlagleKristina Slagle

Chris StoneburgChris Stoneburg

NiSource is a natural gas distributer and is responsible for NiSource is a natural gas distributer and is responsible for transmission pipelines and storage facilitiestransmission pipelines and storage facilities

On 11 October 2007, submitted a notice of intent to apply On 11 October 2007, submitted a notice of intent to apply for Endangered Species Act (ESA) compliance permitsfor Endangered Species Act (ESA) compliance permits

NiSource Columbia Gas BackgroundNiSource Columbia Gas Background

• Request for a Request for a 50-year Incidental Take Permit (ITP) 50-year Incidental Take Permit (ITP) •To construct, expand, and maintain pipelinesTo construct, expand, and maintain pipelines• Without requiring permits for individual projectsWithout requiring permits for individual projects•ITP protects NiSource from liability associated with the ITP protects NiSource from liability associated with the incidental “take” of species listed under the Endangered incidental “take” of species listed under the Endangered Species Act (ESA)Species Act (ESA)

National Environmental Policy Act National Environmental Policy Act (NEPA) of 1969(NEPA) of 1969

•NEPA involves U.S. Fish and NEPA involves U.S. Fish and Wildlife ServiceWildlife Service

•Public meetings legally requiredPublic meetings legally required

•Allows for comment by the general Allows for comment by the general public and affected stakeholderspublic and affected stakeholders

BackgroundBackground

http://www.naturalgas.org/naturalgas/transport.asp

•Habitat Conservation Plan (HCP) Habitat Conservation Plan (HCP) must be provided by NiSource must be provided by NiSource

•Mitigates and protects any affected Mitigates and protects any affected species and species and “ensure that the taking is ensure that the taking is incidental to, and not the purpose of, incidental to, and not the purpose of, an otherwise lawful activity”an otherwise lawful activity”

•Required for Incidental Take Permit Required for Incidental Take Permit (ITP)(ITP)

•1-mile corridor across the 17,000 1-mile corridor across the 17,000 miles of pipelinemiles of pipeline

http://www.naturalgas.org/naturalgas/transport.asp

BackgroundBackground

NiSource operates a network of pipelines in 17 statesNiSource operates a network of pipelines in 17 states Midwest, Southern, and Eastern United StatesMidwest, Southern, and Eastern United States

Eight states are included by NiSource in Eight states are included by NiSource in a multi-region Habitat Conservation a multi-region Habitat Conservation Plan (HCP)Plan (HCP)

Ohio has the largest expanse of pipeline:Ohio has the largest expanse of pipeline:

3,000 miles or one-fifth of the total 3,000 miles or one-fifth of the total pipeline pipeline

LocationLocation

Current TimelineCurrent Timeline

ESA compliance permit processESA compliance permit process Time consumingTime consuming ExpensiveExpensive

NiSource and USFWS had discussions to reduce NiSource and USFWS had discussions to reduce costs associated with individual projectscosts associated with individual projects

50-year “Blanket Request50-year “Blanket Request””

Lengthy permit requestLengthy permit request ““taking” of endangered speciestaking” of endangered species Landowner property rightsLandowner property rights

DisputesDisputesEastern Spadefoot ToadEastern Spadefoot Toad

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The ProblemThe Problem

Activities may impact environment, applying for ESA Activities may impact environment, applying for ESA compliance permits.compliance permits. Role = ApplicantRole = Applicant

Maintain a modest and professional identity frameMaintain a modest and professional identity frame No evidence of elevating or righteous self-imagesNo evidence of elevating or righteous self-images

Negative characterization frames are often embedded in Negative characterization frames are often embedded in environmental conflictenvironmental conflict Has avoided using such framesHas avoided using such frames

Interest to keep the support of the stakeholdersInterest to keep the support of the stakeholders Stakeholders’ positions are important because they can Stakeholders’ positions are important because they can

influence the permit processinfluence the permit process

NiSource: Roles and StrategiesNiSource: Roles and Strategies

Interests:Interests: Blanket ITP saves time Blanket ITP saves time andand money money

Perspective:Perspective: ““hot tub” group: Shared values between NiSource and the hot tub” group: Shared values between NiSource and the

stakeholdersstakeholders

Concerned with matters of interest Concerned with matters of interest most stakeholder groups are concerned with matters of principlemost stakeholder groups are concerned with matters of principle

Believe environmental and economic development are Believe environmental and economic development are important and compatibleimportant and compatible

NiSource: InterestsNiSource: Interests

Goal:Goal: Create a HCP that serves their own needs for an ITP Create a HCP that serves their own needs for an ITP

while meeting the principles of the environmental and while meeting the principles of the environmental and land owner stakeholdersland owner stakeholders

Framed under the MisundersFramed under the Misunderstanding Modeltanding Model:: NiSource is increasing communication with stakeholders NiSource is increasing communication with stakeholders

in hopes that an agreement will materializein hopes that an agreement will materialize

NiSource: NiSource: Goals and FramesGoals and Frames

NiSource put time, money, and effort into a pre-negotiation NiSource put time, money, and effort into a pre-negotiation phasephase Identified over 1300 potential stakeholdersIdentified over 1300 potential stakeholders Used formal invitations, emails, websites, and media Used formal invitations, emails, websites, and media

announcements to publicize meetingsannouncements to publicize meetings Held “open house” scoping meetings in each region involved in Held “open house” scoping meetings in each region involved in

permitspermits

In holding scoping meetings, NiSource hasIn holding scoping meetings, NiSource has Actively involved stakeholdersActively involved stakeholders Passed information alongPassed information along Collected ideas for improvement from stakeholdersCollected ideas for improvement from stakeholders

By maintaining open communication, NiSource By maintaining open communication, NiSource has so far avoided conflict spiralshas so far avoided conflict spirals

NiSource: ActionsNiSource: Actions

Collaborative ApproachCollaborative Approach Cooperating with other parties, but assertive concerning their Cooperating with other parties, but assertive concerning their

own needsown needs

NiSource has NiSource has Openly accepted written suggestions from stakeholdersOpenly accepted written suggestions from stakeholders Outlined and organized each concern and suggestionOutlined and organized each concern and suggestion Compiled results from scoping meetings into a public “Scoping Compiled results from scoping meetings into a public “Scoping

Report”Report”

Plans on addressing each of the stakeholders’ concerns Plans on addressing each of the stakeholders’ concerns in the draft HCPin the draft HCP Also will be open for public reviewAlso will be open for public review

NiSource: ApproachNiSource: Approach

Roles & ResponsibilitiesRoles & Responsibilities Draft an EISDraft an EIS Evaluate NiSource’s HCPEvaluate NiSource’s HCP Hear comments from other stakeholders, and Hear comments from other stakeholders, and

incorporate them into the processincorporate them into the process Decide whether to grant an ITP to NiSourceDecide whether to grant an ITP to NiSource

U.S. Fish & Wildlife ServiceU.S. Fish & Wildlife Service

InterestsInterests Protect endangered species by enforcing the ESAProtect endangered species by enforcing the ESA Enable building or maintenance projects to be Enable building or maintenance projects to be

undertaken carefully, and with appropriate protectionsundertaken carefully, and with appropriate protections

USFWS: Approach to the ConflictUSFWS: Approach to the Conflict

CollaboratingCollaborating with NiSource with NiSource InvolvingInvolving other stakeholders through the public other stakeholders through the public

scoping processscoping process They have not yet taken a position, and will not do so They have not yet taken a position, and will not do so

until the draft EIS is completeuntil the draft EIS is complete Framing the issue as “business as usual”, despite the Framing the issue as “business as usual”, despite the

unprecedented 50-year time spanunprecedented 50-year time span

Environmentalist GroupsEnvironmentalist Groups

Group Principles Tools

Ohio Environmental Council

•Air/Water Quality•Land-use

•Litigation•Legislation•Science

Buckeye Forest Council

•Forest Preservation

•Member activism•Legislative communication

Ohio Chapter of the Sierra Club

•Environmental Preservation

•Grassroots Activism

•Litigation

•Education

Frame Type:

Substantive Identity Outcome

What it is:

Characterize substance of conflict

Who we are Focus is on outcome

How it’s used:

“This is an assault on the ESA!”

“Environmental Protectors”

“We do not want this 50-year ITP to be issued.”

Environmentalist Groups: FramesEnvironmentalist Groups: Frames

Role of the Public and Land Owners: Role of the Public and Land Owners: •Provide comments, information and suggestions to Provide comments, information and suggestions to the USFWS and NiSource for their development of the USFWS and NiSource for their development of the EIS and HCPthe EIS and HCP

Issues:Issues:

•pipeline siting pipeline siting •eminent domain and land use eminent domain and land use rightsrights•health and safety health and safety •environmental impactenvironmental impact•more stringent enforcement of more stringent enforcement of ESAESA http://www.maverickengineering.com/includes/images/pipelines/image01.jpg

Public & Private Property Owner RolesPublic & Private Property Owner Roles

Landowner ContactsLandowner Contacts•Specific landowner contact information was Specific landowner contact information was undisclosedundisclosed•Landowner comments were listed Landowner comments were listed anonymouslyanonymously

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Public Comments by Public Comments by Landowners:Landowners:•Concerns about property rightsConcerns about property rights•Questions about the use of herbicides and Questions about the use of herbicides and pesticides in pipeline management pesticides in pipeline management •Disclosure to the landowners of such Disclosure to the landowners of such chemical usechemical use

• Proposed 42 inch, 1,323 mile natural gas pipeline system Proposed 42 inch, 1,323 mile natural gas pipeline system Colorado to Clarington, OhioColorado to Clarington, Ohio• Citizens have voiced concerns and questions over the Citizens have voiced concerns and questions over the line placement line placement • “ “Keep homes at a reasonable distance from the pipeline, Keep homes at a reasonable distance from the pipeline, minimizing land devaluation and potential dangers” minimizing land devaluation and potential dangers” (Residents Against the Rockies Express Pipeline)(Residents Against the Rockies Express Pipeline)• Use of the popular website YouTube Use of the popular website YouTube

http://www.tensor.ws/_borders/backhoewelding.jpg

"Stop the REX Pipeline!""Stop the REX Pipeline!"

Similar Case: Similar Case: Rockies Express Pipeline (REX)Rockies Express Pipeline (REX)

~NIMBY~~NIMBY~ ~GOOMBY~ ~LULU~~GOOMBY~ ~LULU~

Photo Credit: http://pstrust.org/library/docs/vol3no1/pstnewsletter_vol3no1.pdf

In the REX case: Hard framing of the issue by land ownersIn the REX case: Hard framing of the issue by land owners

mistrust among landowners with governing bodies and private mistrust among landowners with governing bodies and private companies laying claim to pipeline routes in their back yardcompanies laying claim to pipeline routes in their back yard

Roles & ResponsibilitiesRoles & Responsibilities Provide comments and suggestions to coordinating Provide comments and suggestions to coordinating

agency/organizationagency/organization Make sure the project maintains the best interests Make sure the project maintains the best interests

of state and local agenciesof state and local agencies

State and Local AgenciesState and Local Agencies

InterestsInterests Protect state endangered and threatened species Protect state endangered and threatened species

Making the sure the federal agencies involve state and local Making the sure the federal agencies involve state and local agencies during the processagencies during the process

Protect the environmentProtect the environment Have an understanding of social and economic development Have an understanding of social and economic development

needsneeds

State and Local AgenciesState and Local Agencies

Approach to the ConflictApproach to the Conflict Provide worthwhile comments to the coordinating Provide worthwhile comments to the coordinating

organizationorganization All affected state and local parties are involvedAll affected state and local parties are involved Make sure state and local agencies have the ability to Make sure state and local agencies have the ability to

review plans and proceduresreview plans and procedures Make sure state threatened and endangered species are Make sure state threatened and endangered species are

included in conservation plansincluded in conservation plans

State and Local AgenciesState and Local Agencies

NiSource has already responded to some issues by including:NiSource has already responded to some issues by including: candidate and threatened species in addition to nationally candidate and threatened species in addition to nationally

endangered species to their incidental take listendangered species to their incidental take list adaptive management plan if the current HCP is not working for a adaptive management plan if the current HCP is not working for a

particular speciesparticular species

Proposed timeline not followedProposed timeline not followed Draft HCP release delayed until early 2009Draft HCP release delayed until early 2009 Information not updated on websites or timelinesInformation not updated on websites or timelines

In need of better communication of their progress throughIn need of better communication of their progress through Website and directly to participating stakeholdersWebsite and directly to participating stakeholders

IssuesIssues

13 scoping meetings were scheduled, averaging roughly one 13 scoping meetings were scheduled, averaging roughly one meeting per statemeeting per state

Potential stakeholders may have been missed or excluded due Potential stakeholders may have been missed or excluded due to meeting locationsto meeting locations USFWS made the Scoping Report and meeting information public USFWS made the Scoping Report and meeting information public Allowed for written commentsAllowed for written comments

USFWS received minimal comments from the public scoping USFWS received minimal comments from the public scoping period related to:period related to: Notice of intentNotice of intent Application for a permitApplication for a permit

USFWS expects more substantive comments from the public USFWS expects more substantive comments from the public after the Draft EIS is releasedafter the Draft EIS is released

IssuesIssues

Recommendations for ResolutionRecommendations for Resolution

• Conflict is in early stages of developmentConflict is in early stages of development• Too early to predictToo early to predict• Too early for specific recommendationsToo early for specific recommendations

• Increased Communication between StakeholdersIncreased Communication between Stakeholders• Delays in original timelineDelays in original timeline• Updates on progressUpdates on progress

• Negotiation MeetingsNegotiation Meetings• Neutral third partyNeutral third party• Increased communicationIncreased communication• CompromiseCompromise

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General RecommendationsGeneral Recommendations

Thank you!Thank you!

Questions?Questions?