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LawHelpNow
LawHelpNow, Attorney/Lawyer
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ETC gas pipeline company has just started clearing a site

Customer Question

ETC gas pipeline company has just started clearing a site next to their pipeline and the site workers say that ETC are about to build a compressor booster station on the site.My residence property ajoins the site ;the work is a complete surprize to both me and my neighbours.To our knowledge there has been no public annoucement of such work,no public hearing,no EIA etc etc How/where can I find how the permitting has been granted and, the work has started without the correct procedures/permits being followed,how do I,and my neighbours lodge a protest or stop the work until all procedures have been correctly followed? The Site is on FM155,2 miles from La Grange,TX-78945
Submitted: 5 years ago.
Category: Legal
Expert:  LawHelpNow replied 5 years ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

  1. I am a licensed Texas attorney, and I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information.
  2. I can certainly understand your concern. I have searched the administrative dockets for fiscal years 2008 and 2009. I found numerous permit applications granted to ETC for other areas of Texas, but nothing even close to your area. The first thing I would do is to contact the Railroad Commission of Texas. This agency is charged with this area of legal regulation, and you can obtain a copy of a new construction report by calling the Safety Division at(NNN) NNN-NNNN
  3. If you do not receive satisfaction, your next step would be to contact the Commission and lodge a complaint. You can do this by calling the Commission's Helpline at(NNN) NNN-NNNN You can also submit a complaint in writing by mail to Director, Gas Services Division, P.O. Box 12967, Austin, TXNNN-NN-NNNN FInally, you can submit a complaint by fax to(NNN) NNN-NNNN The complaint form is supposed to be available online, but unfortunately due to their website being revamped the link is inoperable so you would need to call.
  4. If you hit a brick wall with the Commission (imagine that with a governmental agency!), then your next best bet is to take your concerns to the Commissioner's Court of Fayette County, Texas. They just met on Monday, October 27, 2008, so to get a more timely response I would suggest contacting your representative Commissioner directly. I have listed contact information (below).
  5. Beyond these steps, you and your neighbors could organize and pool your funds to retain legal counsel. Due to the obvious cost and time involved with litigation, however, I would certainly exhaust your remedies with the Commission and local political authorities first. I do hope that all of this gets resolved appropriately for y'all.

Precinct 1
Address:XXXXXbr />La Grange, TX 78945
Office Phone: (NNN) NNN-NNNNbr />Fax Number:(NNN) NNN-NNNNbr />Commissioner Precinct 1: John Saunders

Precinct 2
Address: 2339 S. State Highway 237
Round Top, TX 78954
Office Phone:(NNN) NNN-NNNNbr />Fax Number:(NNN) NNN-NNNNbr />Commissioner Precinct 2: Gary Weishuhn

Precinct 3
Address: P.O. Box 393
Flatonia, TX 78941
Office Phone:(NNN) NNN-NNNNbr />Fax Number:(NNN) NNN-NNNNbr />Commissioner Precinct 3: James Kubecka

Precinct 4
Address: P.O. Box 423
Schulenburg, TX 78956
Office Phone:(NNN) NNN-NNNNbr />Fax Number:(NNN) NNN-NNNNbr />Commissioner Precinct 4: Tom Muras

 

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

LawHelpNow, Attorney/Lawyer
Category: Legal
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Customer: replied 5 years ago.
Further discussions between neighbors indicates that sometime in the early 1990's [1990-1994?] the previous owners of the pipeline,OASIS Pipeline Company, applied to build a Compressor Station at this same location and was denied on the basis of noise pollution (?) by the Texas Air Quality Control Board given that many people live close to the proposed compressor location.Today many more people live in the area.

I have searched the internet to try and find a copy od the denial but without success.The letter of protest was organized by the previous resident Shirley and Raymond Barth and,it is there understanding ,that the denial was permanent.

Where/whom is the best place to find a copy of this original denial?Does the TAQCB still exist or hasit been replaced? Do you have any telephone contacts for this agency?Is it usual for a deinial to be permanent?

Regards

carling 1972


Customer: replied 5 years ago.
Further discussions between neighbors indicates that sometime in the early 1990's [1990-1994?] the previous owners of the pipeline,OASIS Pipeline Company, applied to build a Compressor Station at this same location and was denied on the basis of noise pollution (?) by the Texas Air Quality Control Board given that many people live close to the proposed compressor location.Today many more people live in the area.

I have searched the internet to try and find a copy od the denial but without success.The letter of protest was organized by the previous resident Shirley and Raymond Barth and,it is there understanding ,that the denial was permanent.

Where/whom is the best place to find a copy of this original denial?Does the TAQCB still exist or hasit been replaced? Do you have any telephone contacts for this agency?Is it usual for a deinial to be permanent?

Regards

carling 1972
Expert:  LawHelpNow replied 5 years ago.

Hello again. Good to hear from you. I will be glad to comment further.

 

  1. The agency still exists, but today is known as the Texas Commission on Environmental Quality (TCEQ). Contact information can be accessed here. For a denial of that long ago, I think you will be best served by speaking with the TCEQ directly rather than trying to search online. The original denial may well have been permanent, which would be all the more appropriate since the population has grown rather than declined. Approaching this issue from this angle is a great idea; sounds like you have some wise neighbors. I hope it all works out well for all of you folks.

I hope this is of some more help. Take care and thanks again for using Just AnswerTM.

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