UNITED

STATES OF AMERICA
BEFORE THE
FEDERAL ENERGY REGULATORY COMMISSION
Millennium Pipeline Company Docket No. CP16-486-000
Eastern System Upgrade Project

January 4, 2017

Mark and Alycia Egan
25 Kiefele Road
Eldred, NY 12732

RE: COMMENT ON HOMEOWNER VALUE DAMAGE

VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED:
Ms. Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, D.C. 20426

Ms. Georgia Carter
Vice President and General Counsel
Millennium Pipeline Company, L.L.C.
109 North Post Oak Lane, Suite 210
Houston, TX 77024

Dear Ms. Bose and Ms. Carter,
As you know, we are located 0.59 miles from the proposed Millennium Pipeline Highland Shale Gas
Compressor Station and directly across the street from its 80-acre parcel. On June 8, 2016, we wrote to
you concerning our concerns of the Millennium Pipeline Highland Shale Gas Compressor Station see
attached Letter as Exhibit A; and, on or about August 26, 2016, we submitted our Motion for Leave to
Intervene, which filing addressed those same concerns see attached Motion for Leave to Intervene as
Exhibit B. Upon learning about the plans for the proposed station, we very soon thereafter, put our home
on the market for sale because of our concerns. As expressed in our Letter and Motion for Leave to
Intervene, one of our concerns was our fear that our ability to sell the property would be significantly
diminished, if not impossible, given the proposed station. We now write to inform you that our fear has
been realized.

Now, nearly a year after putting our dream home up for sale and having reduced the cost, we have
begun to gather clear evidence of the direct financial damage were incurring from the proposed
Millennium Pipeline Highland Shale Gas Compressor Station. Through a real estate agent, we learned how
a recent interested buyer who loved the setting and who was there for a long time realized upon leaving
the close proximity to the proposed station said, I cant take the risk to wit:


[THIS SPACE INTENTIONALLY LEFT BLANK]

Mark and Alycia Egans Comment on Homeowner Value Damage

This represents the truth behind the financial burden that this project the proposed Millennium
Pipeline Highland Shale Gas Compressor Station creates for local homeowners like us. This represents a
transfer of wealth whereby damages are incurred by local people investing in land, a home, and a
community; said investment is devalued by an unwanted, unnecessary, and unhealthy proposed station;
and said proposed station profits Millennium Pipeline, who has indicated that they will do nothing in return
for their damage. In fact, the only response I have concerning our fear that our property is now rendered
unsellable from Millennium Pipeline is from its representative, Michelle Hook, whom stated, Those
buyers are clearly misinformed.
Ms. Hooks statement that Those buyers are clearly misinformed represents her woeful
ignorance of the facts and reckless disregard to the real and actualized harms suffered by local
homeowners like us. Presumably, Millennium Pipeline and Ms. Hook do not know more than the
organization, Physicians for Social Responsibility a Nobel Peace Prize-winning organization of physicians,
nurses, and other public health professionals whom joined with Concerned Health Professionals of New
York to release the Compendium of Scientific, Medical, and Media Findings Demonstrating Risks and Harms
of Fracking (Unconventional Gas and Oil Extraction)1, Third Edition, October 14, 2015 (Report), which
Report was sent to Governor Cuomo, NY Health Commissioner Zucker, and President Obama and states in
part the following:

Dangers of compressor stations are discussed and the term appears no less than 62 times;

Drilling and fracking activities are temporary operations, but compressor stations are semipermanent facilities that pollute the air 24 hours a day as long as gas is flowing through the
pipeline. As documented by a Pennsylvania study published in February 2015, day-to-day
emissions from compressor stations are highly episodic and can create periods of potentially
extreme exposures. (See footnote 515.)

1 http://concernedhealthny.org/wp-content/uploads/2012/11/PSR-CHPNY-Compendium-3.0.pdf
Mark and Alycia Egans Comment on Homeowner Value Damage

For example, compressor stations and pipelines are both major sources of air pollutants,
including benzene and formaldehyde, which create serious health risks for those living
nearby.

[I]n their review of fracking, New Yorks DOH and DEC rightly noted the potential for harmful air
impacts, environmental impacts, and other risks from infrastructure. (DOH Health Review p. 5 and
Findings Statement p. 27) Given the risks, this year the Medical Society of the State of New York
and the American Medical Association each specifically called for comprehensive health impact
assessments regarding the health risks associated with fracking infrastructure, including natural
gas pipelines and compressor stations.

Unsafe levels of radon and its decay products in natural gas produced from the Marcellus Shale,
known to have particularly high radon content, may also contaminate pipelines and compressor
stations, as well as pose risks to end-users when allowed to travel into homes.

Noise pollution, light pollution and stress Drilling and fracking operations and ancillary
infrastructure expose workers and nearby residents to continuous noise and light pollution that is
sustained for periods lasting many months. Chronic exposure to light at night is linked to adverse
health effects, including breast cancer. Sources of fracking-related noise pollution include
blasting, drilling, flaring, generators, compressor stations and truck traffic. Exposure to
environmental noise pollution is linked to cardiovascular disease, cognitive impairment, and
sleep disturbance. Workers and residents whose homes, schools and workplaces are in close
proximity to well sites are at risk from these exposures as well as from related stressors.

Ms. Hooks statement is clearly meant to convey, at least in her and/or Millennium Pipelines
opinion, that the buyers or public-at-large are misinformed about the dangers and hazards of compressor
stations that those dangers are over exaggerated. But, physicians, nurses, and other public health
professionals disagree, and their disagreement is based on facts, science, and medicine not company
profits.
In truth, to the extent that buyers are misinformed, their misinformation is not based on the
absence of a real danger but knowledge of the full extent of danger, as seen above. That is, buyers dont
know how bad it is or could be 24 hour a day pollution, [exposure to] benzene and formaldehyde,
[exposure to] [u]nsafe levels of radon, and [air pollution-causing] cardiovascular disease, cognitive
impairment, and sleep disturbance. Regardless, buyers well-deserved fear about the dangers and hazards
of compressor stations translates into their unwillingness to buy, which is well documented, supported,
and translates into our damages.

We are aware of the report by Key-Log Economics LLC which makes clear that communities can
anticipate that properties within one half mile of the compressor stations proposed will experience at least
a 25% reduction in their value. Key-Log Economics LLCs findings are not alone. We are also aware of
the other findings showing a decrease in property value:

25% 50%2: Town of Hancock tax assessors agreed to decrease the assessed valuation and real
estate taxes on two homes by 25 percent. The assessed valuation and taxes on a third home, the one
that had been physically damaged, were cut by 50 percent. Hearing Officer John Creech, who
presided over the settlement, was familiar with the compressor station and remarked, I wouldnt

2 See http://stopnypipeline.org/nys-assessors-de-value-homes-near-compressor-station-by-25-and-50/;
see also http://www.nocompressor.com/property-values-tax-base/
Mark and Alycia Egans Comment on Homeowner Value Damage

want to live next to it. After the tax assessors agreed to the 50 percent tax cut he told the owners,
You have a good lawsuit here.

30% or more of the whole property3.

25% (citing Throupe, Simons, and Huo (2012))4.

50% 100%. See attached Letter from Attorney Brad Gilde as Exhibit C.

Despite the medical findings as reported by physicians, nurses, and other public health
professionals and despite the reported, published, and anecdotal evidence of diminution of property,
Millennium Pipeline continues to argue against the dangers and hazards of compressor stations and their
caused diminution of property value to neighboring properties namely ours. If they are as confident on
this issue as they purport to be publically, they are welcome to put their money where their mouth is to
purchase 25 Kiefele Road at Sellers asking price and to have/hold or sell on the open market.

Regardless, to be clear and as seen in the above text communication, this is no longer
theoretical it is actual. We have suffered an actual injury. We cannot sell our home. And, without
an appropriate response from FERC and Millennium Pipeline, we are left with little recourse other
than legal action.

We once again request an immediate response on the matter. From FERC, we respectfully request
a response to our June 8, 2016 Letter and/or request that FERC grant our requested relief in our August
26, 2016 Motion for Leave to Intervene. From Millennium Pipeline, we ask that it respond to our June 8,
2016 Letter and/or contact us immediately to resolve our actualized damages. As for Millennium Pipeline,
failure to do so will result in further, adverse action.

Thank you for your time, attention, and anticipated response to this letter.
Sincerely,

/s/ Mark Egan & Alycia Egan

________________________________________________________
Mark Egan and Alycia Egan
25 Kieferle Road
Eldred, NY 12732
646-831-9347, 860-729-5700
Markegan2@yahoo.com, Alycia.gilde@gmail.com

3 See http://www.forensic-appraisal.com/gas_pipelines_q_a
4 See
https://www.greenfieldadvisors.com/researchlogin/docs/lipscomb/journals/Lipscomb%20Wang%20a
nd%20S.%20Kilpatrick%202012%20Rev%20of%20Reg%20Studies%20Unconven%20Shale%20Gas%2
0Development%20and%20RE%20Issues.pdf (stating that 82.6% of residents from 31 shale drilling
counties across Pennsylvania, Ohio, West Virginia, and Maryland think there is some environmental risk
from Marcellus Shale development).

Mark and Alycia Egans Comment on Homeowner Value Damage

EXHIBIT

A

Mark and Alycia Egans Comment on Homeowner Value Damage

FERC Docket PF16-3

Eastern System Upgrade
Highland Shale Gas Compressor Station

June 8, 2016

Egan Comments
Severely Impacted Stakeholder

Mark Egan and Alycia Egan

25 Kiefele Road
Eldred, NY 12732

VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED:

Ms. Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, D.C. 20426
Ms. Michelle Hook, Director of Public Affairs
Millennium Pipeline Company, LLC
One Blue Hill Plaza, 7th Floor
P.O. Box 1565
Pearl River, NY 10965
Dear Ms. Bose and Ms. Hook,
As one of the closest homeowners, at 25 Kieferle Road in Eldred, New York (directly across
the street from Millennium Pipelines 80 acre parcel) and 0.59 miles to the proposed Millennium
Pipeline Highland Shale Gas Compressor Station, we strongly urge you to consider the many reasons
why this project puts unfair burden and significant harm on us and the citizens of Highland, New
York, and to reject the proposal and permit application. We would appreciate your direct response
to our request that you reject the proposal and permit application and to the questions and issues
below in writing by Friday, July 1, 2016 by 4:00 PM (EDT). To assist you in your consideration and
response, we have identified the numerous reasons by number, as set forth below REASONS 1 10.
And, to assist you in your consideration and response, we have identified the numerous questions
and issues by identifying same in all-caps, bold (QUESTION and ISSUE respectively).
REASON 1. BECAUSE THE PROJECT PROPOSAL IS AGAINST THE WILL OF THE PEOPLE, YOU
SHOULD REJECT THE PROPOSAL AND PERMIT APPLICATION.

In 2012, the Town of Highland passed a zoning ordinance against the creation and
installation of any shale gas infrastructure including compressor stations.

On March 8, 2016 the Town Board passed a clear resolution opposing Millennium
Pipelines Highland Shale Gas Compressor Station.

Surrounding communities also opposed the Highland Compressor: the Towns of

Lumberland, Tusten, and Bethel also passed resolutions opposing the proposed Highland
Shale Gas Compressor Station.

Weve tracked the overwhelming response from citizens objecting to this project
submitted to the FERC docket.

REASON 2. BECAUSE THE HALF-MILE SAFETY RADIUS GUIDELINE LACKS A TRANSPARENT

METHODOLOGY AND IS PROVING INSUFFICIENT AND UNSAFE, YOU SHOULD REJECT THE
PROPOSAL AND PERMIT APPLICATION.
1

FERC Docket PF16-3

Eastern System Upgrade
Highland Shale Gas Compressor Station

Egan Comments
Severely Impacted Stakeholder

We understand that a half-mile (0.5 mile) radius is used to determine the distance between a
compressor station and the nearest resident. However, there is no clear methodology or
rationale to how half-mile distance is determined and how it ensures the safety and health of
residents. This distance requirement appears to be arbitrary and does not protect people or
property. We urge you to provide transparency in the methodology you are using to
determine this distance. QUESTION. How does this distance requirement take into account
the safety and health of residents within the 0.5 mile requirement?

We observed that the 0.5 mile guideline is being applied inconsistently. QUESTION.
With the varying horsepower levels of shale gas compressor stations, how can this distance be
applied universally? By way of example, how can there be no difference in distance/radius for
a 12,200 horsepower compressor station such as the one in the Town of Minisink vs. the
proposed 22,400 horsepower compressor station for the Town of Highland? We have had great
difficulty locating information on the half-mile requirement. QUESTION. What is the outermarker used for measurement (e.g. center of the structure, end of the structure, end of property
line, etc.)? And, what authority do you rely upon for the basis of this measurement and propriety
of this measurement? If there is no half-mile requirement, who and what determines the
distance between a compressor station and a home? How is this distance requirement being
used for the Town of Highland and what is being taken into account to safely site the location
of the proposed compressor station? Why arent there requirements to monitor near to long
term effects on public health and the environment?

At the Eastern System Upgrade Informational Meeting held on March 31, 2016 by
Millennium Pipeline, a hired consultant, Jennifer Ward, could not answer our question
about where the half-mile requirement comes from and stated that FERC has positioned
stations within the half-mile distance. QUESTION. Is this true? Whether true or not, how does
FERC have any confidence in Millenniums ability to follow requirements, if Millennium does
know what those requirements are and upon which authority they are based?

[THIS SPACE INTENTIONALLY LEFT BLANK]

FERC Docket PF16-3

Eastern System Upgrade
Highland Shale Gas Compressor Station

Egan Comments
Severely Impacted Stakeholder

Map above shows proximity of the proposed Highland Shale Gas Compressor Station to our home and Halfway
Brook.

On April 20, 2016, I, Alycia Egan, witnessed a safety/maintenance procedure at the Minisink
Shale Gas Compressor Station (107 Jacobs Road, Westtown, NY) and observed the close
proximity of homes to the Compressor Station. I physically stood in the street and could
take a picture of the Compressor Station and a nearby houses in one shot. There were about
three homes behind me as I stood in front of the entrance of the Minisink Compressor with a
distance far short of a half-mile. As discussed further down in this letter, more and more
complaints and health concerns are becoming known to health experts and state
officials from residents living near the Minisink and Hancock Compressor Stations.
QUESTION. Who is responsible for making this .5-mile measurement, and who is responsible
for enforcement? In light of the Minisink Shale Gas Compressor Stations shorter than .5-mile
proximity to adjacent homes, what action is FERC going to take, if any?

Photo taken by Alycia Egan on April 20, 2016 of the Minisink Shale Gas Compressor Station and nearby residents.

FERC Docket PF16-3

Eastern System Upgrade
Highland Shale Gas Compressor Station

Egan Comments
Severely Impacted Stakeholder

REASON 3. BECAUSE THE MILLENIUM PROPOSAL THREATENS HEALTH OF A VULNERABLE

AND DISADVANTAGED POPULACE, YOU SHOULD REJECT THE PROPOSAL AND PERMIT
APPLICATION.

Sullivan County is reported by the United States Environmental Protection Agency (U.S.EPA)
Environmental Justice Screening tool (EJscreen) to have a population close to 75 percent that
is low income (less than two times the national poverty level), close to 60 percent over the
age of 64, close to 50 percent below the age of 5 years old, and 50 percent minority
population, all of which combined are indicators of an environmental justice, sensitive and
disadvantaged community (percentages based on 2008-2012 U.S. Census Data).

Sullivan County is reported to have a greater percentage of adults who report poor health
to wit:

Sullivan County already ranks at or near the bottom in all critical health measures in
the State of New York and in fact is ranked 61 out 62 of overall New York Counties in public
health. Constructing and operating the proposed Highland Compressor Station would be an
unfair burden to a county already badly disadvantaged in health to wit:

The environment that residents live, work, and play in can have a profound impact on their
health (NY State Dept. of Health, 2012). An indicator of the environmental health of an area
is the prevalence of asthma. In Sullivan County, the rate per 100,000 for emergency
department visits due to asthma is 52.3. The rate is higher than the New York rate of 49.4.

FERC Docket PF16-3

Eastern System Upgrade
Highland Shale Gas Compressor Station

Egan Comments
Severely Impacted Stakeholder

More and more health studies are connecting health effects to the operation/location of
shale gas compressor stations to residents:
In the ATSDR Report (2016) on Brooklyn Township, PA, air quality monitoring
demonstrated that peaks of fine particulate matter resulted in negative health
effects to residents living nearby the compressor station.
The Southwest Environmental Health Project (2015 Celia Lewis, PhD and David
Brown, PhD) found 8 families living near Minisink shale gas compressor station
reported respiratory, neurological, and dermatological problems.
The RAND Study (2013) showed an estimated 60-75% of air quality damages
(mostly health) in PA are result to compressor stations.

Testimonials from Minisink and Hancock residents up to two miles distance from the
respective shale gas natural gas compressor stations are complaining of health effects such
as nosebleeds, headaches and nausea. Complaints of blowdown activities sounding like
a freight train moving through the town for sometimes a period of 3 or more hours.

We have been tracking the many submissions on this FERC docket which provide direct
knowledge of residents falling ill near the Minisink and Hancock compressor stations which
both FERC and Millennium Pipeline recognizes is a strong indicator of future health
complications for us as the residents closest to the proposed site in Highland.

As noted earlier, on April 20, 2016, I, Alycia Egan, witnessed what Millennium Pipeline
referred to as a blowdown at the Minisink Shale Gas Compressor Station. While waiting
for the maintenance/safety demonstration (i.e. blowdown), I felt nauseous and lightheaded
and my eyes stung as a result of the exhaust emitted from the gas turbines. I was standing
directly in front of the houses across from the shale gas compressor station. That day, a
Columbia Gas engineer stated that the exhaust emitted from the turbines are similar
to but greater than what comes from a car tailpipe. The Columbia Gas engineer also
informed me that the gas turbines operate consistently - 24/7. QUESTION. Should a
community be exposed to (breathe) tailpipe emissions but in a much grander scale? What
exactly is being emitted from the gas turbines? How much is expected to be emitted annually?
Are there peaks of emissions depending on pressure and gas flow? How is air quality and public
health monitored as a result of these 24/7 operated gas turbines/exhaust?

At the March 31st Millennium Pipeline Informational Meeting, Millenniums

operations representative, George Hamaty, provided misleading information about the
frequency of blowdown activities, stating repeatedly that there are no such thing as planned
blowdowns and that they only happen in emergencies. He did his best to convince us that
they are not a normal part of operations and that if the pipeline is running fine, they do not
occur. We also heard different responses to this question from other TRC representatives
(Millenniums consultant) of up to 2 to 3 blowdowns a year. QUESTION. Is this true? ISSUE.
We ask that FERC either confirm or refute these assertions.

There is also a lack of clarity on the definition of a blowdown and the difference of a
maintenance procedure of venting gas at the compressor station (time period of several
minutes) vs. venting miles/specific distance of pipeline gas (time period of several hours).
This definition needs to be clarified along with the intended results/impact of these safety

FERC Docket PF16-3

Eastern System Upgrade
Highland Shale Gas Compressor Station

Egan Comments
Severely Impacted Stakeholder

procedures on the community and how the community is notified/warned/protected from

impact.

We understand from the Sullivan County legislators that Millennium Pipeline has
committed to covering the cost of a Health Impact Assessment (HIA) on the impacts of
Compressor Stations on human health. We also understand that Millennium Pipeline does not
plan to stop the permitting process while the HIA is underway. Only a comprehensive HIA,
done prior to granting any permit for this proposed compressor station, will inform the
regulatory bodies, as well as the residents, so that an appropriate decision can be made.
ISSUE. We strongly urge that FERC halt the permitting process until the health study is
complete and analyzed by FERC prior to permit application review.

REASON 4. BECAUSE THE PROJECT PRODUCES UNFAIR ECONOMIC BURDENS, ESPECIALLY ON

NEARBY HOMEOWNERS, YOU SHOULD REJECT THE PROPOSAL AND PERMIT APPLICATION.
Many people, including ourselves, chose to escape the bustling streets of New York City
to the calm, peaceful and protected environment you find in the Catskills. Our own path began
as weekend relief with focus on fishing, enjoying the many lakes and streams and watching the
abundance of wildlife including but not limited to: bald eagles, fish, bears, bats, deer, snakes, turtles,
fox, beavers, minks, herons, giant woodpeckers, and many more precious and some endangered
species.
In a few short years, we fell in love with our cabin and its surroundings and began investing
with an eye for the future, as a spot for retirement. With reasonable access to NYC and wonderful
outdoors activities and fresh air, it felt like an ideal opportunity to invest more, which we did
significantly. This is the hope for the Town of Highland, to attract 2nd homeowners in order to raise
the value of this area which has large pockets of low income residents.

Sullivan County has an unemployment rate 38% higher than the national average
(Census.gov)

Over a quarter (26.2%) of Sullivan Countys population makes an annual income of less than
$25,000.

14.3% live on food stamp/SNAP benefits in Sullivan County

The mean income ($46,287) is 18% less than the NY average (2012 Census)

Our investment strategy was on its initial path to paying off in time. The growth of Chapin
Estates, a Sotheby property, where a significant number of wealthy investors have purchased homes
(mostly 2nd homes) in recent years, and the recent acquisition of the Eldred Preserve where new
plans are in store to promote luxury and retreat. All of these investments and properties are
promised to significantly raise the trajectory of the community and drastically increase home values
in our immediate area both in the short and long-term. However, we believe this new industrial shale
gas compressor station will drastically alter this trajectory and will negatively impact the value our
homes and community, a communitys economy that greatly benefits from 2nd home owners.
6

FERC Docket PF16-3

Eastern System Upgrade
Highland Shale Gas Compressor Station

Egan Comments
Severely Impacted Stakeholder

Trends in home sales demonstrate decreased number of sales and listing prices after
compressor stations were constructed in both Minisink (Westtown, 2013) and Hancock
(2012) areas despite rising home values and improving economic conditions nationwide (see
attached data from Trulia.com).

According to a 2013 study by the Forensic Appraisal Group LTD, a Wisconsin firm that
specializes in issues with the potential of litigation related to gas pipelines and electric wires,
found that the presence of a gas transmission pipeline decreased home values by about
12 to 14 percent on average in Ohio and about 16 percent on average in Wisconsin.
(Sourced from Property Values and the Gas Pipeline, Julie Starr, Oct 16, 2015).

According to Millennium Pipelines Environmental Assessment Report for the Minisink

Natural Gas Compressor Station, Section B, Chapter 6 on Social Economics, Proximity to
the proposed compressor station 23 could also have an impact on property values if
various nuisance effects are prominent, such as noise, health or safety concerns, or
other impacts, real or perceived and could be a significant detractor to a potential
buyer looking to buy near the Minisink Compressor. ISSUE. With the increasing awareness
of health concerns and complaints coming from residents in both the towns of Minisink and
Hancock as a result of the respective compressor stations, we are deeply concerned that
these nuisance effects could not only affect our health but could significantly impact
the value of our property.

We have already started to see the impact of the proposed Highland Shale Gas
Compressor Station on the value of our home. Once we learned of the proposed project in
close proximity to our home and with concerns of its impact on our health, we put our home
7

FERC Docket PF16-3

Eastern System Upgrade
Highland Shale Gas Compressor Station

Egan Comments
Severely Impacted Stakeholder

on the market. We have had our home on the market for 75 days (current time of writing this
letter) and have had only one party make an in-house visit.

Additionally, we learned that the Columbia Pipeline Group is in the process of being acquired
by TransCanada, a Canadian company. We also understand the Millennium Pipelines plan
with the Eastern System Upgrade is to accelerate the movement of gas to Canada for
international export. QUESTION. We would like to understand how does this project benefit
the state of New York, Sullivan County and the Town of Highland? Other than the meager tax
benefits that are stated to be given to the county, we believe the costs associated with the health
and environmental impacts alone will far outweigh any tax benefits and will be an outcome that
our state, county and town will be paying for for years to come.
According to TheStreet.com, TransCanada will own all of the master limited
partnership's incentive distribution rights and subordinated units.

REASON 5. BECAUSE THERE ARE CONCERNS WITH NEGATIVE IMPACT ON THE SURROUNDING
ENVIRONMENT, YOU SHOULD REJECT THE PROPOSAL AND PERMIT APPLICATION.

Halfway Brook, a Level 2 stream, runs directly behind our home and through our
property, parallel to route 55 (across from the Millennium Pipelines property) and
flows into Delaware River which sources New York Citys fresh drinking water. (See
map photo on page 2).

Our property and that of the proposed compressor station is home to a high canopy, high
density forest with abundant wildlife and frequently visited by endangered American Bald
Eagles. (See the enclosed picture below, X represents proposed compressor site, red
diamond represents location of eagle at time of photo on our property).

[THIS SPACE INTENTIONALLY LEFT BLANK]

FERC Docket PF16-3

Eastern System Upgrade
Highland Shale Gas Compressor Station

Egan Comments
Severely Impacted Stakeholder

We understand that the Indiana Bat, Bog Turtle and other endangered species that are
known to be found nearby. We often observe bats, snakes, and turtles, as well as many
other animals, reptiles, and fish in and around our property.

According to Millenniums recent Draft Resource Report # 3 Fisheries, Vegetation, and

Wildlife for the proposed Highland Shale Gas Compressor Station, it states the following:
3.3.4 Impacts and Mitigation
3.3.4.1 Wildlife Habitat General, temporary, construction-related impacts on
wildlife species will be associated with habitat disturbance and human activities
(primarily noise and vehicle traffic), while permanent impacts are those
associated with the conversion of forest habitats to open or scrub-shrub areas
due to construction and maintenance of the permanent easement. Indirect
impacts on wildlife include those associated with increased human activity and
noise. Construction-related noise impacts, specifically, will be localized and
temporary. Operation-related noise impacts will [sic] minimized through the
use of components designed to reduce noise emissions and noise mitigation
techniques. No adverse effects on wildlife due to noise is [sic] anticipated.
Millennium asserts in the above statement that conversion will be from forest habitats to
open or scrub-shrub areas. This is a patently false statement based on Millenniums own
CAD site plan; the conversion in fact will be a completely incompatible highly industrial,
impervious surfaces, fully disrupting this heavily forested ecosystem situated in very
close proximity to the Halfway Brook (approx. 2000 feet), a major tributary to the
Delaware River. Further, Millennium states without qualification that no adverse effects
on wildlife due to noise is [sic] anticipated. Common sense suggests that running a
compressor station with a 22,400 horsepower engine 24/7 will INDEED negatively impact
9

FERC Docket PF16-3

Eastern System Upgrade
Highland Shale Gas Compressor Station

Egan Comments
Severely Impacted Stakeholder

regional wildlife. QUESTION. Are these bald face, ipse dixit assertions simply taken as true
because Millennium says so? What research, study, findings, and/or authority does Millennium
base its conclusion on that no adverse effects on wildlife due to noise is [sic] anticipated. And,
anticipated? How is this not an equivocal, political dodge of their duty?

We fear a shale gas compressor will cause detrimental stress for the wildlife ecosystem that
is the basis for which people buy property and visit our community, thereby creating unfair
financial burden and damages for which Millennium Pipeline cannot ever repay.

REASON 6. BECAUSE THE PROJECT WOULD IMPEDE PROGRESS ON NY STATE CLIMATE

CHANGE GOALS, YOU SHOULD REJECT THE PROPOSAL AND PERMIT APPLICATION.

In 2009, Governor David A. Paterson issued an Executive Order 24 to set a goal to reduce
greenhouse gas (GHG) emissions in New York State by 80 percent below the levels emitted in
1990 by the year 2050. The Plan would also identify the extent to which such actions support
New York's goals for a clean-energy economy. In the Executive Order it states, WHEREAS,
many scientists warn that unmitigated climate change is expected to result in significant
adverse impacts to our communities, economy and environment.

During Millennium Pipelines March 31st Informational Meeting, I, Alycia Egan, spoke with
TRCs (Millenniums consultant) Air Toxicologist Karen Ventrano about the emissions that
result from a Shale Gas Compressor Station, and Ms. Ventrano stated that it is the natural gas
that would come from the pipeline and is primarily methane, a major greenhouse gas (GHG).

QUESTION. How is the state and federal government regulating the methane that is released
into the atmosphere from shale gas compressor stations? How is the state of New York able to
meet its climate goals set under Executive Order 24? How and who is monitoring the GHG
emissions from shale gas compressor stations? What actions/strategies are in place to protect
the state from climate change impacts as a result of the high methane emissions produced from
compressor stations?

It should be recognized that The Town of Highland is a Climate Smart Community and has
invested in NYSDEC Stewardship goals. QUESTION. How is the Town of Highland supposed
to meet its Climate Smart goals with a huge industrial gas compressor that is responsible for
high emissions of methane and other harmful pollutants?

REASON 7. BECAUSE THE CURRENT LACK OF REGULATIONS CREATE EXCESSIVE RISKS TO

COMMUNITY AND STATE, YOU SHOULD REJECT THE PROPOSAL AND PERMIT APPLICATION.
We are concerned with FERCs history of permitting shale gas compressor stations without
ensuring the safeguards of the public and the environment. With more and more complaints and
concerns rising from communities nearby shale gas compressor stations (Minisink, Hancock and
others), we believe that FERC along with the severely deficient standards and regulations are not
looking out for the best interest of the people and its surrounding environment.

Currently there are no on-going requirements for air quality monitoring by NYSDEC or EPA
for shale gas compressor stations.
10

FERC Docket PF16-3

Eastern System Upgrade
Highland Shale Gas Compressor Station

Egan Comments
Severely Impacted Stakeholder

Currently no requirements for health impact assessments (HIA) to determine potential threat
and impact to human health. Lack of federal governmental studies to evaluate potential
health impacts even after reports of people getting sick that live nearby/close proximity to
compressor stations.

In the Natural Gas Act, Sec. 380.12 (d)(9): identify location of known public and private
groundwater supply wells/springs within 150 feet of proposed construction areas. This
Section is dated and does not account for the impact of air particulates as part of compressor
station byproducts. ISSUE. Adjacent to our property is an artesian well which could be
impacted.

We also feel there is a lack of regulations on emission control technologies to reduce impact
of exhaust emissions (fine particulate matter, volatile organic compounds, hydrocarbons and
other harmful air pollutants), which pose significant health impact and liability.

We find it deeply troubling that there are no climate regulations to prevent release of
methane gas as a result of blowdown activities and day to day exhaust coming from the
gas turbines.

When there are safety or emergency exercises that require pipeline gas venting (blowdown),
Millennium Pipeline is required to report incident to NYSDEC within two days yet are not
held accountable or fined as a result of harm on community by their unplanned emissions.

ISSUE. We understand that condensate tanks are part of the common construction of
compressor stations such as the design for the proposed site at Highland; we would like your
clear response and transparency into the chemical composition of liquids, compounds,
and gases held in these tanks and the potential for release of same.

To our knowledge there is no requirement for onsite monitoring or requirement of clean

technologies during the construction phase of the project, which will include diesel truck
trips in the hundreds, use of onsite diesel equipment, large industrial lights, loud operational
noises, and working 9 to 10 hours Monday through Saturday according to TRC consultant
Mike Armstrong.

REASON 8. BECAUSE THE EASTERN SYSTEM UPGRADE IS A STRONG CASE OF SEGMENTATION,

YOU SHOULD REJECT THE PROPOSAL AND PERMIT APPLICATION.
By observing the Eastern System Upgrade map and plans, along with the existing
infrastructure at Minisink and Hancock, they unveil what appears to be a deliberate concentration
of compressor stations to one another.

2013 - Minisink, 2014 - Hancock, two more in 2018 (22,400 hp each)

There are unusually short distances between compressors stations via Eastern System
Upgrade which appears out of normal and the required 40-mile distance between stations.
11

FERC Docket PF16-3

Eastern System Upgrade
Highland Shale Gas Compressor Station

Egan Comments
Severely Impacted Stakeholder

We believe the concentration of compressor stations and other shale gas facilities
poses a serious threat to air quality and public health in Sullivan County. As mentioned
previously, Sullivan County holds the lowest ranking for quality of health in the state and is
defined as a disadvantaged, sensitive and environmental justice area.

The Eastern System Upgrade and the lack of understanding of future development plans
seems illegal and unjust.

ISSUE. We understand that Millennium investigated another property in Eldred close to

the currently proposed Highland Shale Gas Compressor Station and would like an official
response on whether or not there are plans for a subsequent compressor station as has
been the pattern in other established areas. For instance, once the Hancock Shale Gas
Compressor Station was established, is it now considered an industrial area making it
easier to site a second compressor station which is now the plan under the Eastern System
Upgrade (to place a second compressor (22,400 hp).

Map above shows currently planned site for the Highland Shale Gas Compressor Station and the
previously considered location (Alternative Highland CS).

REASON 9. BECAUSE THE MARCH 31, 2016 OPEN HOUSE HELD BY MILLENNIUM PIPELINE WAS
A FAILURE BY DESIGN AND PROPAGATED MISINFORMATION, YOU SHOULD REJECT THE
PROPOSAL AND PERMIT APPLICATION.
12

FERC Docket PF16-3

Eastern System Upgrade
Highland Shale Gas Compressor Station

Egan Comments
Severely Impacted Stakeholder

We believe that Millennium Pipeline has not fulfilled its community outreach obligations as
required by the FERC process regarding the proposed Eastern System Upgrade project and
Millennium Pipeline for the reasons outlined below.

Two-day notice of public informational meeting - poor ability to communicate to impacted

towns. We never saw any information posted anywhere within our community or in local
papers.

The event was held 30 miles away from town and on a school night from 6-8 pm at
dinner time. This, by design, made it extremely challenging for both local/affected residents
with families and second homeowners to attend.

The expo/station style format intentionally inhibited questions and dialogue that
could be addressed for all to hear. Residents that are not familiar with the project would
have benefitted from a more open forum where experts on our side could have posed the
smarter questions for them to hear MP consultants address. This was a strategic denial of
information by Millennium Pipeline. The meeting setup thereby diffused information and
made it confusing for participants.

There was an absence of qualified experts at open house and were presented with a lack of
information, misinformation and contradictory statements. At the event we were repeatedly
told by Millenniums consultants to go to the next person because they didnt have the answer
to our questions. Many other responses were inconsistent as it relates to air quality and
compressor technology
Millennium Pipeline Michelle Hook, you promised to hold a second informational
meeting for Town of Highland residents, recognizing at the time the aforementioned
challenges but later backed off and has subsequently informed town members that
Millennium Pipeline does not support meetings where they would have to present in large
groups of people at one time. We feel Millennium is being transparency averse, and your
actions reinforce this.

REASON 10. BECAUSE OF THE ACTION WE HAVE TAKEN AND OUR ANTICIPATED ACTION TO
BE TAKEN, YOU SHOULD REJECT THE PROPOSAL AND PERMIT APPLICATION.
As is clear, we are highly involved and highly motivated residents. To date, we have engaged
in the following activities:

March 8, 2016, we participated and spoke up in support of the Town of Highland resolution
opposing the Millennium Pipeline Shale Gas Compressor Station at the Town Hall
Meeting. I, Alycia Egan, suggested to the Town Board the inclusion of the indicators that
define Sullivan County as an environmental justice, sensitive and disadvantaged area as
defined by the EJscreen Tool by the U.S. Environmental Protection Agency.

Since March 12, 2016, I, Alycia Egan, have been an active member of a special committee
(community expert group) organized by the Town Board assistant supervisor to
13

FERC Docket PF16-3

Eastern System Upgrade
Highland Shale Gas Compressor Station

Egan Comments
Severely Impacted Stakeholder

evaluate the concerns of the proposed Millennium Pipeline Highland Shale Gas Compressor
Station. The committee meets 2 to 3 times per month and communicates regularly (daily) by
email.

Following our participation in a community protest held in front of the Sullivan Hotel in Rock
Hill, New York on March 31, 2016, we then attended the Millennium Pipeline Eastern System
Upgrade Informational Meeting. During the meeting, we met with and interviewed by
video Millennium Pipelines consultant, TRC regarding specific questions on the
proposed Highland Compressor. Video recordings of the interviews with TRC consultants
at the Informational Meeting will be uploaded on the FERC Docket PF16-3 for full
transparency.

On May 9, 2016 in New Paltz, New York, I, Alycia Egan, organized a meeting between the
New York State Department of Environmental Conservation (NYSDEC) and Town of
Highland community representatives to discuss the concerns regarding the proposed
Millennium Pipeline Highland Shale Gas Compressor Station and the Eastern System Upgrade
project. Our community (7 members) met with 8 NYSDEC staff including the Permit
Administrator, Christopher Hogan to review an agenda that included concerns regarding the
proposed site, natural resources, wildlife, air quality & public health and the Eastern System
Upgrade project at large.

Should it be necessary, we may take the following action:

Take appropriate legal action, which may include an enforcement action under applicable
environmental law, injunctive action, and a lawsuit for damages for various claims, which
may include trespass and nuisance.

Millennium Pipelines Highland Shale Gas Compressor Station seeks to pollute our
environment, diminish our property value, adversely affect our health, and interfere with our use and
enjoyment of our property. This is an issue that we do not take lightly. It is an issue that, unless
addressed, leaves us no other remedy but adverse legal action, which we would hope to avoid.
In closing, we request that you provide a formal response with thorough answers to our
stated questions and issues identified above. We believe that we have presented substantial
information that raises significant concerns for the federal, state, and local governments and the
communities impacted by the Eastern System Upgrade project and the proposed Highland Shale Gas
Compressor Station. We believe this project does not bring value to the state of New York or Sullivan
County and poses serious economic, environmental, and public health risks to our region and
particularly ourselves. For the reasons stated herein, we strongly urge and respectfully request that
you reject the proposal and permit application.
Finally, Ms. Bose and Ms. Hook, we greatly appreciate your review and consideration of this
letter and our request. We look forward to hearing from you on or before Friday, July 1, 2016 by
4:00 PM (EDT). Thank you.
Respectfully,

Mark Egan and Alycia Egan

25 Kiefele Road, Eldred, NY 12732
14



EXHIBIT

B

Mark and Alycia Egans Comment on Homeowner Value Damage

UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

Millennium Pipeline Company

Docket No. CP16-486-000
Eastern System Upgrade Project


MOTION FOR LEAVE TO INTERVENE

Pursuant to Rules 212 and 214 of the Federal Energy Regulatory Commissions Rules of
Practice and Procedure, 18 C.F.R. sections 385.212 and 385.214 (2007), we, Mark Egan and Alycia
Gilde Egan file this MOTION FOR LEAVE TO INTERVENE in this proceeding.
On July 29, 2016, the Millennium Pipeline Company (Millennium) filed its application
under Section 7 of the Natural Gas Act, 15 U.S.C. section 717f and section 157 of the Federal
Energy Regulatory Commissions regulations, 18 C.F.R. section 157.1 et seq., for the proposed
Millennium Eastern System Upgrade Project (the Project), FERC Docket No. CP16-486-000.
I.

Communications and Service

All communications, pleadings, and orders with respect to this proceeding should be sent
to the following individual:
Mark Egan and Alycia Gilde Egan
25 Kieferle Road
Eldred, NY 12732
646-831-9347, 860-729-5700
Markegan2@yahoo.com, Alycia.gilde@gmail.com

II.
Interest of Petitioner

The construction, operation and ongoing maintenance of the proposed Project will have
irreparable harm and damage to us including but not limited to impacts on our health, quality of
living, and property value:
A. Health

Weve learned of many adverse health effects similar and lesser strength compression
stations have had on local residents who are located in similar and further proximity as ours. We
also know and have formally communicated this to both FERC and Millennium Pipeline making
both organizations complicit and liable for potential and future damages.

MOTION FOR LEAVE TO INTERVENE

B. Quality of Living

We moved here, as an escape from the hectic nature of Brooklyn and NYC. Given that we
are likely the closest residents to the proposed station, weve already been adversely affected in
the countless hours weve spent researching and planning for opposition to this that would
normally be spent relaxing from an already stressful professional life. Coming to understand the
effects of this have been extremely stressful and heartbreaking given we had plans to buy more
surrounding land and retire in this location. The building of the potential site would cause
material damage through its affect from vehicle and construction noise and pollution.
C. Property Value

After looking into the effects of property value impact on local stations, we are convinced
this will create material, long lasting damage. After finding out about the proposed site and
looking into potential effects, we put our house, a key part of our retirement plan, up for sale.
Our real estate agent has advised that if we disclose the compressor station plans we will have
no potential buyers to look at our home and property. We invested into this in a down market
seeing its potential; recently significant investments in the area have raised our potential for longterm equity significantly. This project is a direct threat to that value.
We also believe that the proposed Eastern System Upgrade Project puts at risk the health
of all those, like us, who have invested in the Western Catskills region as an area of rest and relief.
While we are not anti-business, we are strictly pro-health and firmly believe in FERCs
responsibility to place the well-being of citizens like us at the forefront of its decision making
process.
We were originally identified by Millennium in their public event as critical stakeholders
but have yet to be engaged by the company. Given the impacts that compressor stations of half
the size have had on residents of similar and further distance, we ask with grave urgency that
you deny the request.
Further, I am actively engaged in this permitting process that is reflected in the current
application, and I possess important and informed perspectives, which have and will continue to
serve the public interest.

MOTION FOR LEAVE TO INTERVENE

III.

Conclusion

Wherefore, we, Mark Egan and Alycia Gilde Egan respectfully request that the Federal
Energy Regulatory Commission grant our Motion to Intervene as a party with full rights to
participate in all further proceedings.
Respectfully submitted,


/s/ Mark Egan /
____________________________
Mark Egan
25 Kieferle Road
Eldred, NY 12732



/s/ Alycia Gilde Egan /
____________________________
Alycia Gilde Egan
25 Kieferle Road
Eldred, NY 12732

MOTION FOR LEAVE TO INTERVENE



EXHIBIT

C


Mark and Alycia Egans Comment on Homeowner Value Damage


January 4, 2017

RE:

RE:

RE:

PROPERTY DIMINUTION DUE TO COMPRESSOR STATION

SELLER DISCLOSURE OBLIGATIONS

Cause No. 11-01650-E; Lisa Parr, Individually and as Next Friend to her minor daughter
E.D., and Robert Parr v. Aruba Petroleum, Inc., et al.; In the County Court of Law No. 5, Dallas
County, Texas EXPERT OPINION OF DR. KILPATRICK.

VIA Email:
Alycia Gilde Egan
25 Kiefele Road
Eldred, NY 12732

Dear Alycia,


I am deeply sorry to hear of the issues you and Mark are facing with the proposed Millennium
Pipeline Highland Shale Gas Compressor Station (Station) and their intent to locate same about half a
mile from your home. As you know, I have investigated these type of cases, litigated these cases, and
successfully tried the Parr case that you witnessed. In this letter, I hope to address some of your
concerns and wish to memorialize some of the issues involved for further discussion, if necessary.


First, I am aware of the published literature on property diminution of surrounding properties to
compressor stations, inter alia. I am aware of the studies, reports, and literature you cited in your letter
attesting to a 25% to 50% diminution of property value to surrounding properties. I am aware of other
studies, reports, and literature that find same at and above these percentages. As for any studies that cite
percentages lower than 25%, the only documents I could find are those studies that are paid for by the
industry. As you can imagine, the industry-paid-for studies state a zero (0%) diminution of property
value due to oil and gas activities, pipelines, and compressor stations a scientifically and
commonsensically untenable position.


Second, I will look into the following issues:

Property Condition Disclosure Act (PCDA) (N.Y. Real Prop. Law 460-467) and whether
its Environmental Disclosure applies to the proposed Station and/or You regarding your
desire to sell and possible duty to disclose.

Whether a seller must answer the PCDAs question, Has motor fuel, motor oil, home
heating fuel, lubricating oil or any other petroleum product, methane gas, or any hazardous
or toxic substance spilled, leaked or otherwise been release on the property or from the
property on to any other property? and whether same applies to the proposed Station
and/or You.

Whether a seller must answer the PCDAs question, Has the property been tested for the
presence of motor fuel, motor oil, home heating fuel, lubricating oil, or any other petroleum
product, methane gas, or any hazardous or toxic substance?; whether the seller has a duty
to perform this testing; and whether same applies to the proposed Station and/or You.

Other legal issues including but not limited to Caveat Emptor; Willful Failure to Perform,
pursuant to N.Y. Real Prop. Law 465(2) and case law; other duties to disclose; other duties
of good faith and fair dealing; etc.

Claims and causes of action available to you under state and federal law including but not
limited to Negligence, Gross Negligence, Negligence Per Se, Nuisance, and Injunctive Relief

Finally, I have located the testimony of Dr. John Kilpatrick from Greenfield Advisors whom
testified in the Parr case. He testified that the stigma damages associated with disclosure of potential
exposure to oil and gas activity and disclosure of adverse health effects resulted in a diminution of
property value of 100% to the Parrs. Under cross examination, he testified to the following:

Q. Yes or no. Is it fair for a -- a proper real
20 estate advisor to consider all of the environmental
21 reports and all of the toxicology reports and all of the
22 medical doctor reports in connection with the Parr
23 property in making their assessment of whether or not
24 there is a contaminated piece of property?

A. Well, it is, but let me explain. The -- it --
2 it doesn't surprise me in the slightest that there may
3 be reports out there that -- that -- that take the
4 defense point of view. No surprise there.
5 That having been said, it goes to the heart
6 of how real estate markets work. Let's assume for a
7 moment that we have two houses for sale, one of which is
8 not, never has been contaminated, nobody thinks it's
9 contaminated. The other one has two reports sitting out
10 there. One says it's contaminated and, as a result of
11 the contamination, these people are sick. The other
12 report says, no, that's not true.
13 So here I am, John and Jane Buyer, out
14 shopping for a house with my kids in my minivan on a
15 Sunday afternoon, and a real estate agent takes me to
16 the two houses. And they say here's this first house
17 that you can buy. Nobody thinks it's contaminated.
18 Here's a second house that you might be able to buy.
19 One report says it's contaminated, and because of the
20 contamination, people got sick. The other report says,
21 ah, maybe not.
22 Now, which do you think John and Jane Buyer
23 are going to buy? You see, that's the way real estate
24 markets work.

Q. Then Dr. Kilpatrick, all due respect, there is

22 no way that you can state -- that you can testify today
23 under oath and tell this jury that in the middle of
24 June 2008 that the property at that moment could not be
25 sold for anything more than zero?

3 A. That's certainly consistent with good appraisal
4 practice because it's called a retrospective appraisal.
5 And if you look at Appraisal USPAP Standards Statement
6 Number -- either 2 or 3, which deals with the conduct of
7 a retrospective appraisal, which is what we have, there
8 is a methodology for looking backwards as we sit here in
9 2013 -- or when I wrote this affidavit in 2011, looking
10 back to 2008, and asking, given what we know today
11 occurred subsequent to 2008, is this a valid opinion as
12 of 2008? And from an appraisal standards perspective
13 consistent with USPAP Advisory Opinion 9 and consistent
14 with the statement on retrospective appraisals, USPAP
15 Statement -- I believe it's either 2 or 3 --
16 unquestionably, that would be the way an appraiser would
17 be directed and taught to do this kind of project.
See Deposition of Dr. Kilpatrick, 5/23/13 at pp. 210-211.

See Deposition of Dr. Kilpatrick, 5/23/13 at pp. 146-147; 210-211. That is, should the Station be installed
and you, Mark, and/or neighbors suffer adverse health effects, regardless whether there is contradicting
findings, you may experience up to a 100% diminution of property value. Given my experience; given
your proximity to the proposed Station; given the fact that compressor stations are on an order of
magnitude higher or more significant than oil and gas wells in terms of exposure, dangers, and hazards;
other factors; and assuming the above, I would expect credible expert testimony to support a property
diminution between 50% to 100%.

Again, I am sorry to hear of the issues you are facing. And, I will look into the issues above. Please
let me know if there is anything else I can do for you sis.


Respectfully,

CC:
ENC:

Bradford J. Gilde