ANALYSIS In its Motion for Partial Summary Judgment, Columbia Gas seeks an order confirming its right to condemn the properties identified in the Complaint and owned by the named Defendants in order to construct a pipeline in Baltimore County, Maryland. The Natural Gas Act, 15 U.S.C. 717 et seq., governs the process for siting and constructing natural gas pipelines. Before constructing a pipeline, one “must first obtain a certificate of public convenience and necessity from the Federal Energy Regulatory Commission (‘FERC’), the federal agency responsible for supervising and coordinating the production of energy in the United States.”

In Conoco, Inc. v. F.E.R.C., 90 F.3d 536 (D.C. Cir. 1996), cert. denied, 519 U.S. 1142 (1997), the D.C Circuit examined similar “in connection with” language in Section 1(b) of the NGA (15 U.S.C. § 717(b)) and held that: The statute forecloses what appears to be the principal justification offered by the Commission: that the phrase “in connection with”…permits it to regulate facilities that it has expressly found are not within its…[rate-making] jurisdiction. Id.

The NGA and the FPA granted FERC enforcement jurisdiction over natural gas companies, the transport and sale of natural gas for ultimate distribution to the public, the regulation of utilities, and the sale and transmission of electricity. 15 U.S.C. §§ 717(a) and (b); 16 U.S.C. §§ 812-813. The regulatory authority granted to FERC is limited to wholesale energy markets—the market for physical natural gas.

Case 4:17-cv-00539-MWB Document 14 Filed 05/02/17 Page 2 of 12 II. COUNTER STATEMENT OF FACTS Defendants are the fee simple owners of real property located at 525 SR 1014, Nicholson, Nicholson Township, Wyomimg County, Pennsylvania – Parcel #17-076.0-072-00-00-00:, which is subject to the above-captioned action filed by Plaintiff Transcontinental Gas Pipe Line Company, LLC (hereafter “Plaintiff”) seeking to condemn permanent and temporary easements across the parcel to construct, operate and maintain the Atlantic Sunrise Pipeline Project pursuant to the Natural Gas Act, 15 U.S.C. §717(f) et.seq. Subsequently, Plaintiff filed the Motion for Partial Summary Judgment, which is currently before the Court, as well as an Omnibus Motion for Preliminary Injunction requesting immediate access for purposes of conducting surveying and field testing along with an Order of Condemnation looking to establish their substantive right to condemn the rights-of- way and the grant of possession to the easements.

Case 4:17-cv-00628-MWB Document 12 Filed 04/28/17 Page 2 of 12 II. COUNTER STATEMENT OF FACTS Defendant Paramount Developers, LLC, is the fee simple owner of real property located at Briar Crest Road, Dallas Township and Harvey’s Lake Borough, Luzerne County, Pennsylvania – Parcel #: 10-D7-00A-025-0000, which is subject to the above-captioned action filed by Plaintiff Transcontinental Gas Pipe Line Company, LLC (hereafter “Plaintiff”) seeking to condemn permanent and temporary easements across the parcel to construct, operate and maintain the Atlantic Sunrise Pipeline Project pursuant to the Natural Gas Act, 15 U.S.C. §717(f) et.seq. Subsequently, Plaintiff filed the Motion for Partial Summary Judgment, which is currently before the Court, as well as an Omnibus Motion for Preliminary Injunction requesting immediate access for purposes of conducting surveying and field testing along with an Order of Condemnation looking to establish their substantive right to condemn the rights-of-way and the grant of possession to the easements.

Case 4:17-cv-00544-MWB Document 12 Filed 04/25/17 Page 2 of 13 II. COUNTER STATEMENT OF FACTS Defendant Susquehanna Coal Company, is the fee simple owner of real property located at Main Street, PA State Route 2026, Coal Township, Northumberland County, Pennsylvania – Parcel #: 00A-00-068-006, which is subject to the above-captioned action filed by Plaintiff Transcontinental Gas Pipe Line Company, LLC (hereafter “Plaintiff”) seeking to condemn permanent and temporary easements across the parcel to construct, operate and maintain the Atlantic Sunrise Pipeline Project pursuant to the Natural Gas Act, 15 U.S.C. §717(f) et.seq. Subsequently, Plaintiff filed the Motion for Partial Summary Judgment, which is currently before the Court looking to establish its substantive right to condemn the rights-of-way and the grant of possession to the easements.

Case 4:17-cv-00529-MWB Document 13 Filed 04/25/17 Page 2 of 12 II. COUNTER STATEMENT OF FACTS Defendants are the fee simple owners of real property located at 58 Hoover Drive, Jonestown, Union Township, Lebanon County, Pennsylvania – Parcel #: 33- 2309766-398707-0000, which is subject to the above-captioned action filed by Plaintiff Transcontinental Gas Pipe Line Company, LLC (hereafter “Plaintiff”) seeking to condemn permanent and temporary easements across the parcel to construct, operate and maintain the Atlantic Sunrise Pipeline Project pursuant to the Natural Gas Act, 15 U.S.C. §717(f) et.seq. Subsequently, Plaintiff filed the Motion for Partial Summary Judgment, which is currently before the Court, as well as an Omnibus Motion for Preliminary Injunction requesting immediate access for purposes of conducting surveying and field testing along with an Order of Condemnation looking to establish their substantive right to condemn the rights-of- way and the grant of possession to the easements.

II. COUNTER STATEMENT OF FACTS Defendant HUD, Inc., is the fee simple owner of real property located at PA Route 61, Coal Township, Northumberland County, Pennsylvania – Parcel #: 00A- Case 4:17-cv-00306-MWB Document 23 Filed 04/13/17 Page 2 of 12 00-068-020, which is subject to the above-captioned action filed by Plaintiff Transcontinental Gas Pipe Line Company, LLC (hereafter “Plaintiff”) seeking to condemn permanent and temporary easements across the parcel to construct, operate and maintain the Atlantic Sunrise Pipeline Project pursuant to the Natural Gas Act, 15 U.S.C. §717(f) et.seq. Subsequently, Plaintiff filed the Motion for Partial Summary Judgment, which is currently before the Court, as well as an Omnibus Motion for Preliminary Injunction requesting immediate access for purposes of conducting surveying and field testing along with an Order of Condemnation looking to establish their substantive right to condemn the rights-of- way and the grant of possession to the easements.

Case 4:17-cv-00307-MWB Document 23 Filed 04/13/17 Page 2 of 12 3 II. COUNTER STATEMENT OF FACTS Defendant HUD, Inc., is the fee simple owner of real property located at PA Route 61, Coal Township, Northumberland County, Pennsylvania – Parcel #: 00A- 00-068-039, which is subject to the above-captioned action filed by Plaintiff Transcontinental Gas Pipe Line Company, LLC (hereafter “Plaintiff”) seeking to condemn permanent and temporary easements across the parcel to construct, operate and maintain the Atlantic Sunrise Pipeline Project pursuant to the Natural Gas Act, 15 U.S.C. §717(f) et.seq. Subsequently, Plaintiff filed the Motion for Partial Summary Judgment, which is currently before the Court, as well as an Omnibus Motion for Preliminary Injunction requesting immediate access for purposes of conducting surveying and field testing along with an Order of Condemnation looking to establish their substantive right to condemn the rights-of- way and the grant of possession to the easements.

II. COUNTER STATEMENT OF FACTS Case 4:17-cv-00288-MWB Document 23 Filed 04/13/17 Page 2 of 12 Defendants are the fee simple owners of real property located at 178 Perry Road, Elysburg, Ralpho Township, Northumberland County, Pennsylvania – Parcel #: 040-00-051-077, which is subject to the above-captioned action filed by Plaintiff Transcontinental Gas Pipe Line Company, LLC (hereafter “Plaintiff”) seeking to condemn permanent and temporary easements across the parcel to construct, operate and maintain the Atlantic Sunrise Pipeline Project pursuant to the Natural Gas Act, 15 U.S.C. §717(f) et.seq. Subsequently, Plaintiff filed the Motion for Partial Summary Judgment, which is currently before the Court, as well as an Omnibus Motion for Preliminary Injunction requesting immediate access for purposes of conducting surveying and field testing along with an Order of Condemnation looking to establish their substantive right to condemn the rights-of- way and the grant of possession to the easements.