Published August 28, 2008 06:50 pm - As the Rockies Express Pipeline barrels its way from Missouri to Ohio, it faces the local ordinances of the counties through which it passes. Decatur County is no exception.
REX law suit against county a formality
Elizabeth Bailey
Greensburg Daily News
As the Rockies Express Pipeline barrels its way from Missouri to Ohio, it faces the local ordinances of the counties through which it passes. Decatur County is no exception.
Although its Federal approval places the gas line among the ranks of utilities that should be exempt from local rules, Decatur County has stood by its ordinances. The county chose to require a setback of 500 feet from structures for a pipeline of more than six inches. The REX line measures 42 inches in diameter.
John Richards, President of the Decatur County Commissioners, noted the rule was created for the protection of the county’s residents. Although it has been seen as a hindrance to some large-scale projects, the true goal is to ensure proper measures are taken for safety, he said.
This is why the county would not simply bend the rule for the large operation.
In order for REX to have their exception to the rule without the county actively granting it, an informal agreement was reached where the insistent utility would sue the county in order to keep their plans unchanged. Alan Fore, REX spokesperson, said the company sees it as a clarification via the court of the hierarchy between Federal and local law. He also explained that if the law suit goes unchallenged as planned, there will be no damages saught.
Once this issue is resolved and the spread approval is given through the Federal Energy Regulatory Commission, construction will be starting in Decatur County, Fore said. All of the other permits as well as a road usage agreement are in order.
He said the county will likely see economic benefit from the construction crews staying in local hotels and eating at local restaurants and noted the start of construction usually improves area residents’ opinion of the project. He also noted the growing importance of natural gas in the equation of future energy needs.
With thousands of miles of pipeline already in the ground, the United States Department of Transportation and Federal Energy Regulatory Commission guidelines have been applied consistently, regardless of local ordinances, he said.