Published: November 06, 2009 11:42 pm      

Columbia Gas Transmission ‘flat out lying,’ resident declares

Assistant AG offers opinion on efforts to conduct ‘seismic testing’

CUMBERLAND — First the company asked for permission.

To Flintstone resident Billy Joe Mathis, the tactics employed by Columbia Gas Transmission and its efforts to find additional storage capacity for natural gas progressed to demands, intimidation, threats and outright lies.

CGT and Geokinetics USA both have sent letters to residents along Green Ridge and Crossover roads in eastern Allegany County notifying them of survey work to be performed beginning as early as Nov. 16.

An Oct. 29 letter to Mathis continues from previous correspondence that “as you are aware, (the company) plans to conduct seismic testing, in part to determine the feasibility of increasing the storage of its Artemas (Pa.) storage field.”

An undated letter with the signature block of Larry Smith, permit agent for Geokinetics USA Inc., said the company is requesting a seismic permit for “seismic surveying and/or geophysical testing ... We are covering approximately 27,961.6 acres in Bedford County, Pa., and Allegany County, Md. We are sending you this permit asking for your permission to cross your property for a temporary amount of time. We need your urgent consideration because we are starting our test soon.”

The letter, with land agent Beth Reed’s signature block at the bottom, claims that statutory law grants Columbia Gas Transmission the “right to complete the seismic testing on your property in the absence of a signed permit.”

That’s not true, said Delegate LeRoy Myers. Myers was contacted earlier this week by Mathis. Myers quickly sought the advice of Maryland Assistant Attorney General Sandra Benson Brantley.

Brantley said the utility has a right, through the state’s eminent domain powers, to enter onto private land to, “among other things, conduct surveys. Federal law gives natural gas companies the power of eminent domain upon the grant of a certificate of public convenience issued by the Federal Energy Regulatory Commission.”

It’s known as right of entry, Myers said. But it doesn’t extend to the limits CGT is attempting, he said.

“It’s almost like a threat,” Myers said. “That’s the thing that bothers me the most. The law is very clear. They’re citing a part of the law that is not applicable. Can they go in and ask to survey? Yes they can, but that’s it. They are taking that section of law and expanding it well beyond its intent.”

Brantley’s opinion supports that claim.

“While (Columbia Gas Transmission) may conduct certain surveying activities without the owner’s permission, it does not have a legal right to conduct seismic and other testing specified in the permit sent to (Mathis),” Brantley said. “Thus, (Mathis) is under no obligation to sign the permit or to give (CGT) permission to conduct any activities beyond (statutory law).”

Cindy Donaldson, spokeswoman for CGT, said in a prepared statement that the company’s intent “is always to work together with landowners in a manner that’s mutually beneficial” and that CGT “is committed to operating to the letter of the law and ensures no activities will be performed that are not well within our legal right.”

Donaldson said she could not elaborate on when the company would make a determination whether its original correspondence, and planned activities, were legal.

Myers said said he planned to write to the utility company’s representatives and legal counsel asking them to not begin any activity that might not be covered by law.

Reed’s letter was accompanied by a blank contract offering a $60 payment for the first 18 months of access and a right to pay an additional $50 payment for another 12 months.

Mathis, who has 14 years’ experience reading contracts working for an insurance department, said he’s not signing anything.

“I’m not real stupid when it comes to reading contracts,” Mathis said. “This is their plan. This is not my plan. I have not given them permission to do anything. They’re sort of threatening people with this eminent domain thing and saying that they have statutory rights to do this seismic testing, and the law doesn’t say that. They’re leading people to believe they’re going to do this with or without permission. There’s a little more arm twisting (in the letter). They’re just flat out lying to people.”

Mathis said he’s spoken with residents between Flintstone and Artemas, where CGT operates a natural gas pumping station. What they’ve said has caused him to have concern about the safety of his well and the value of his property.

“I don’t plan on doing anything other than calling Larry Smith and telling him to stay off my property,” Mathis said.

Kevin Spradlin can be reached at kspradlin@times-news.com.