Documente Academic
Documente Profesional
Documente Cultură
Authored by:
David Anderson, SR/WA
Denbury Resources
David Sinclair, SR/WA
Steele Land Services
Douglas Sipe
Federal Energy Regulatory Commission
Special Acknowledgement
The authors would like to acknowledge the following professionals for their
efforts in developing this valuable training tool for pipeline personnel.
Contributing Authors:
Leonard Boschetti , SR/WA
Universal Field Services, Inc.
Patrick Brady
Percheron Acquisitions
Mike Bryant
Willbros
Steve Chastain, SR/WA
Percheron Acquisitions
Randy Keyes
Anadarko Petroleum Corporation
Lori Komatar
Williams Northwest Pipeline
Brent Leftwich
Contract Land Staff, LLC
Dr. Mazie Leftwich, Psy.D
Contract Land Staff, LLC
Steve McDaniel
Steele Land Services
Alex Osborne
TransCanada Corporation
Steve Patton
Williams Transco
Larre Sloan
Independent
I. TRAINING OBJECTIVES
A. History and Background
Beginning in early 2005, the pipeline industry began to experience a boom period in
terms of the number of long haul pipelines being built to transport natural gas from
areas such as the Barnett Shale west of Ft. Worth, Texas, the Haynesville Shale in
northwest Louisiana, and coal seam gas off the western slope of the Rocky Mountains.
The high demand for energy industry professionals during this period created a surge of
new individuals coming into the energy industry to fill this need.
In some cases, these new professionals received little or no training in how to properly
work with landowners to purchase the required right of way or effectively address
landowner questions or concerns. The number of landowner related complaints to
agencies such as the Federal Energy Regulatory Commission (FERC) and congressional
representatives at both the state and federal level also began to increase during this
period. In response to these complaints, several states took action to strengthen their
eminent domain laws and enact statutory requirements to provide landowners with a
basic set of information prior to the start of easement negotiations. Pressure from
Congress was also being applied to FERC to determine if the increased number of
landowner related complaints was a problem with un-trained workers or if this was a
manifestation of the culture of how interstate pipeline companies treated landowners.
In response to growing pressure from the FERC, the Interstate Natural Gas Association
of America (INGAA) developed and published its Americas Natural Gas Transporters
Commitment to Landowners in July 2008 (Attached as Exhibit A). INGAA member
companies agreed to adhere to these 8 Commitments and to review them with any
personnel expected to be in contact with landowners or other stakeholders on new
interstate natural gas pipeline projects. In addition, interstate natural gas pipeline
companies were being encouraged to perform additional Right-of-way agent training to
assure issues and questions were being addressed in a consistent manner during a
pipeline project. Few companies had this type of training and as a result, the
International Right of Way Association (IRWA) was contacted to help in develop a
training module/seminar that would target the Right-of-way agent in the field and focus
on specific methods and approaches to help those individuals representing pipeline
companies be more effective at addressing concerns of landowners and stakeholders.
The IRWAs Pipeline Committee was assigned the task of developing this training
module/seminar and the following is the result of that effort. The goal of this training is
to help all professionals supporting a pipeline project understand that when working with
landowners and stakeholders it is important to treat them respectfully, honestly, and
fairly, give full details of a project, be considerate of their rights and needs, give them a
voice in the discussions, and address all issues and concerns in a timely manner.
B. Targeted Audience
This training module is designed for those project personnel having the potential to
come into contact with landowners and/or their representative(s) from the earliest
stages of project development through construction, clean-up and restoration. When a
project parallels an existing facility and operational personnel are likely to come into
contact with landowners during the normal course of operations, it would be prudent to
include them in the target audience even though they may not be directly involved in
the projects development.
Recognizing that project personnel enter and exit a project with regularity based upon
their individual roles and responsibilities, the audience for this module is not static. It
will be incumbent upon a projects management team to ensure that this training
module is made a part of each team members orientation prior to formally entering the
project.
The following is a list of typical project personnel that would benefit from this training
module:
C. Scope
This training module provides a core curriculum of information considered essential to
successful communications with landowners. With the INGAA Commitment to
Landowners 8 principles at its core, participants will be introduced to information,
processes and techniques that will equip them to honestly, respectfully and confidently
communicate the needs and objectives of the project in a timely manner while being
considerate of the rights and needs of the landowner.
Each participant will enter a project with varying degrees of project and/or public
communications experience. This module is designed to equip the participants with a
uniform message and the methods to communicate that message with consistency and
integrity. Essential components of the message will be:
Providing consistent messaging will move each project team closer to the goal of
developing landowner trust and reducing the number of legitimate landowner complaints
associated with the project. This process will also aid in ensuring that the landowner has
a voice in the discussions and that all landowner issues and concerns are adequately,
appropriately and respectfully addressed.
D.
When the pre-filing process is implemented properly, an application filed with the FERC
is more likely to address the anticipated environmental impacts and to include
appropriate mitigation measures. The goal of pre-filing is for the pipeline company to
submit an application to the Commission for consideration that is inclusive of everyones
interests.
The FERC encourages energy companies to seek greater involvement from stakeholders
early in the planning so those who are interested can participate in the review process.
By initiating public outreach prior to submission of an application, issues are raised and
addressed and solutions crafted and presented as part of the application.
The FERC suggests applicants make a commitment to involve landowners and other
interested citizens in the project planning process, inform them, listen to and record
stakeholders ideas and knowledge of the project area and environment, and when
possible, incorporate their feedback into project plan and design. Applicants are
encouraged (or, in the case of the pre-filing process, required) to develop a public
participation plan early in the project and make sure all communication is clear and easy
to understand.
Pre- Pre-filing
The FERC realizes and stresses to applicants the value and importance of public
participation, thus public participation work is beginning earlier and becoming more
robust in U.S. pipeline projects. Many applicants begin public involvement work
developing comprehensive public consultation plans, conducting research and meeting
with stakeholders before filing a request to participate in the FERCs pre-filing process.
The FERC encourages and supports this pre- pre-filing approach and consults with
applicants regarding project design, corridor studies and stakeholder consultation
activities. A meeting between the applicant and the FERC at this point in the process is
important in regard to defining roles.
Pre-filing Process
Companies wishing to site, construct and operate energy facilities can use the FERCs
pre-filing procedures and review process Subsection 157.21 (Title 18 C.F.R.) under
Section 7 of the Natural Gas Act. Officially, the pre-filing process begins when the FERC
accepts an applicants pre-filing request and issues a pre-filing docket number. The
FERC expects the pre-filing request to include: project schedule; project purpose and
need; project description, maps and drawings; list of other federal and state agency
permits and assessment of willingness to participate; public outreach and consultation
plan; list of project stakeholders and interested parties and summary of work completed
to date. In addition, applicants are to include in the pre-filing request, proposals from at
least three prospective third-party contractors from which the FERC will choose one to
assist FERC staff in preparing the Environmental Impact Statement (EIS) (or
Environmental Assessment (EA), if applicable).
Within 7 days of the FERCs acceptance of the pre-filing request, the applicant must
provide locations for open houses and agency meetings. Within 14 days, the applicant
must contact all stakeholders not already informed about the project and all potentially
affected landowners to notify them of this filing. Also, the applicant may use this
notification to invite stakeholders to attend open houses. These open houses are
hosted, coordinated and sponsored by the applicant and typically are held in an informal
setting which fosters general discussion about the project. The FERC and/or the third
party contractor may attend.
The FERC pre-filing process includes a scoping period which begins when the agency
issues a Notice of Intent (NOI) to prepare an EA/EIS. The FERCs purpose for the
scoping period is to gather input from state and federal agencies and the public that will
help identify and refine the issues that will be covered in the environmental review.
Typically about three weeks into the 30-day scoping period, the FERC hosts public
scoping meetings in the project area. At the scoping meetings, landowners and other
stakeholders have an opportunity to ask questions and comment on issues pertaining to
their properties or concerns about the project, provide input regarding alternatives to be
evaluated and identify potential construction constraints.
During the pre-filing scoping period, the FERC gathers input via mail, electronic
submittals to the Web site, agency meetings, and weekly conference calls with the
applicant and at public scoping meetings. The FERC treats all comments equally, uses
them during the environmental review process and includes them as part of the formal
public record on the project. The FERC posts all pre-filing project data (applicant
submissions; FERC notices, letters, meeting summaries and transcripts; and public
comments) online on its eLibrary system at www.ferc.gov. The pre-filing docket serves
as a central repository for documents and becomes the formal record of the project.
Applicants review comments received during the pre-filing scoping period and respond to
issues raised during scoping in a filing submitted to the FERC within 14 days of the end
of the scoping period. The filing is then posted on the FERCs elibrary where they are
available to the public.
Applicants also address issues raised and/or incorporate
information received during scoping, at open houses, or through agency consultations in
the environmental resource reports. These reports are submitted to the FERC initially as
pre-filing drafts. The applicant then incorporates FERC comments on the drafts and
resubmits the final environmental resource reports with the final FERC certificate
application.
Applicants must submit monthly reports during pre-filing to the FERC detailing the
applicants project activities including surveys, stakeholder communication and meetings
and agency meetings, and engineering and environmental activity.
The FERC EIS Pre-filing review process can be found on Chart 1.
Application Filing
Under Section 7 of the Natural Gas Act, applicants must conform to the requirements of
Sections 157.5 and 157.14 and must show that the project is or will be required by the
present or future public convenience and necessity.
When the FERC receives and accepts a formal application, a Notice of Application (NOA)
is published in the Federal Register and a new docket number is issued. Within three
days of the NOA, applicants are required to notify affected landowners (as defined by
regulation) by certified or first class mail and make copies of the application available for
public review at libraries in the project area. The notification must contain the docket
number, the FERCs pamphlet explaining the certificate process, a description of the
applicant and proposed project, a general description of landowner commitments,
project contact information, a brief summary of landowner rights, information about how
the landowner can obtain a copy of the application and a copy of the FERC NOA. If the
notice is returned undeliverable, the applicant is required to make a reasonable attempt
to find, correct and resend notices. Within 30 days of the application date, the applicant
must file an updated list of affected landowners, including information about notices that
were returned as undeliverable.
Applicants must also publish two public notices in daily or weekly newspapers in general
circulation in each county in which the project is located within 14 days of the NOA.
Once the NOA is published, members of the public can also file to become interveners
an official party to a proceeding. As interveners, individuals will receive project filings
(from the applicant and other interested parties/interveners) and other regulatory
documents related to the project. Interveners can file petitions, file for rehearing of a
FERC commission decision and have legal standing in a Court of Appeals if they
challenge the Commissions final decision. In return, they are required to send
correspondence to the FERC, the applicant and all other interveners for the project.
The FERC then prepares and issues a draft EIS and announces the dates and locations of
the public comment meetings. The Environmental Protection Agency issues a Notice of
Availability, which marks the beginning of a 45-day public comment period and
announces the dates and locations of the public comment meetings. The FERC uses
comments to revise the draft EIS and issue a final version.
After Approval
Based on its review, and assuming the FERC approves the project, the FERC issues a
Certificate of Public Convenience and Necessity.
At this point, the formal public
participation process essentially ends; however, stakeholders may continue to work with
the applicant to resolve landowner issues and address certificate conditions set by the
FERC and they continue to have the opportunity to provide comments or feedback to the
FERC. The applicant must address the certificate conditions before proceeding with
construction and operation of the project. . Once the FERC approves a project and issues
a certificate of public convenience and necessity, then eminent domain is granted by
Section 7 (h) of the Natural Gas Act.
Public Comment
The FERC accepts and welcomes comments about the project at any time from the initial
request for pre-filing through the issuance of a Certificate of Public Convenience and
Necessity and through the construction phase. If the public wants comments to become
part of the formal project record, they must submit them to the FERC. The FERC
accepts comments: via the mail; electronically; conducts scoping and public comment
meetings in the project area; posts all project data online for public viewing (via the
FERCs eLibrary and the public can subscribe to the FERCs eRegistration and
eSubscription to track new postings online) and accepts requests from those wishing to
become interveners once an application has been submitted for a Certificate of Public
Convenience and Necessity.
agreements may require indemnity language and insurance certificates before survey
permission is granted.
The pipeline company will typically establish procedures to address problems with
stakeholders who refuse to grant survey permission. All refusals must be documented in
a manner similar as if survey permission was granted. This can be accomplished by
documenting these refusals on a contact report stating reasons given by the stakeholder
for denial. Some states provide certain pipeline companies and utilities a statutory right
to survey. This statutory right allows these companies to proceed with certain types of
surveys without the express permission of the stakeholder. In most cases, notification
to the stakeholder is all that is required prior to entering the property. An attorney
should be consulted to determine if any of these statutes apply to the project.
Another important consideration in the stakeholder identification and notification process
is recognizing the difference between the project corridor and the construction corridor.
The project corridor is typically significantly wider than the construction corridor and will
require notifications during the preliminary stages of a projects development beyond the
boundaries of the construction corridor. In most instances, environmental and cultural
studies will encompass an area several hundred feet wide in which the construction
corridor will ultimately be located. The wider study area assists FERC and the company
in considering the projects possible impact to environmental or cultural features which
might be outside of the construction corridor, but may be adversely impacted by their
proximity to the projects construction activities. These wider study areas may also aid
in insuring that minor route modifications that may become necessary during
construction can be proposed within an area that has already been studied. There are
also regulations which stipulate wider notification areas when the project passes through
a High Consequence Area (HCA) or if the project contains facilities such as compressor
station which require much larger areas of notification due to potential noise impacts.
Civil Survey
Survey parties of two to four people outfitted with the most sophisticated satellite
mapping equipment will accurately locate the boundaries of the project study corridor
for all other survey teams and may leave wooden survey stakes and flags (bright
ribbons) as markers. As the proposed project progresses, additional civil surveys may be
conducted identifying the location and elevation of existing features such as streams,
roads, and buildings, and identifying the planned centerline (also with wooden survey
stakes and flags). The agent should be informed and knowledgeable as to whether any
minor brush clearing or tree limb removal will be required. This information should then
be clearly communicated to the landowner. The agent should understand and clearly
communicate to the survey company any landowner concerns or requirements regarding
gates, animals, children, etc.
Depending on field conditions, civil survey crews are
typically able to survey one half-mile of proposed route per day.
Geotechnical Survey
In specific areas, such as large river or road crossings, geotechnical crews will need to
identify subsurface soil and bedrock characteristics. This is imperative to determine if a
Horizontal Directional Drill (HDD) can be utilized to cross these features. At these
geotechnical bore sites, a truck or track mounted drilling rig would drill a three to sixinch-diameter hole and obtain soil and bedrock samples. Typically, two to four small
trucks with trailers support this work. If required, the pipeline company would require
landowner cooperation and permission to move these vehicles to and from the
geotechnical bore sites. After completion, the boreholes are completely back-filled, and
the work site restored. Each boring typically takes one to three days depending on the
types of soils and the depth of borings. On federal and some state lands, particularly in
the western U.S, a Temporary Use Permit is required from the land managing agency
prior to beginning the borings. This permit can take several weeks to several months to
obtain.
Class I inventories are completed with the use of existing data from cultural
resource inventory files maintained by the BLM or a states State Historic
Preservation Office (SHPO).
Geomorphological Investigations
Geomorphological investigations, consisting of backhoe trenches to identify subsurface
cultural remains at high probability areas (e.g., streams and tributaries) will be
conducted as deemed necessary based on shovel testing and core sampling results, as
well as professional judgment and concurrence from the State Historic Preservation
Office. At these sites, a backhoe will typically dig a small trench to determine the
presence or absence of historic and prehistoric buried surfaces that might contain
objects, structures, or sites. If required, the pipeline company would require landowner
cooperation and permission to move vehicles to and from the geomorphological survey
site. After completion, the trenches will be completely back-filled, and the work site
restored as close as possible to its original condition. Each investigation typically takes
one to three days depending on the type of soil and the feature(s) identified.
10
11
B.
What is an Easement?
12
There are various ways to create an easement. Generally, an easement may be created
(i) expressly (i.e., explicit terms in writing), (ii) by implication; or (iii) by prescription.
Express Easements. There are two types of express easements: voluntary and
involuntary. A voluntary express easement is created by a written agreement
negotiated between the parties either granting or reserving an easement. An
involuntary express easement is created when the easement owner is granted a
court-ordered easement through eminent domain or condemnation proceedings.
Note that condemning entities (e.g., utilities, pipelines, railroads, etc.) do not have
inherent eminent domain authority. Instead, this power has been delegated, by
statute, from the sovereign authority vested in the Federal and/or State
governments.
Implied Easements. Implied easements are created when two parcels of land were
at one time treated as a single tract, or owned by a common owner. An easement is
implied by existing use if the easement is necessary for the use and enjoyment of
one parcel of land, and the parties involved in dividing the tract intended that the
use continue after the division. Additionally, an easement is implied by necessity
when one parcel of land is sold, depriving the other parcel of access to a public road
or utility.
Prescriptive Easements. Prescriptive easements or easements obtained through
adverse possession, can be created through court proceedings if an individual or
entity has used property in a certain way for a certain number of years. Generally,
in most jurisdictions, a prescriptive easement will be created if the use of the
property meets the following requirements:
The use is open and notorious, i.e., obvious and not secret;
The use is continuous for the period of time prescribed by statute, typically
between 5 and 30 years; and
The use is adverse to the true owner, i.e. without the owner's consent or
permission.
13
Provisions
Provisions
Provisions
Provisions
Provisions
Regarding
Regarding
Regarding
Regarding
Regarding
The following sections provide an overview of typical provisions and the issues involved
with each category.
1. Provisions Regarding Easement Scope Location, Dimensions and Utilization.
Often referred to as the Granting Clause of an easement, there has been a
substantial amount of litigation involving the claims of vague easement location
descriptions and over-utilization of easement rights by easement owners.
Consequently, a well-drafted easement document should include: (i) a legal
description of the affected land; (ii) the precise location of the easement across the
affected land; (iii) a description of the physical facilities that the owner can place
within the easement (iv) a list of activities and functions that the easement owner
can conduct within the easement; and (v) provision for how the easement owner can
utilize the affected land to access the easement (i.e., ingress and egress).
Description of the Affected Land. The Easement document should include the
legal description of the affected land. This is imperative for two reasons. First, in
order to satisfy the Statute of Frauds, the easement document needs to be
signed by the owner(s) of the affected land. Second, in order to record the
easement document, it needs to contain a sufficiently precise legal description so
that the document can be properly indexed in the county property land records.
Note that an easement document does not have to be recorded to be effective
against the current landowner. However, for an easement to be effective against
a subsequent purchaser of the affected land, it does have to be recorded to
provide constructive notice. Since a number of county clerks only maintain a
parcel index, it is imperative that the easement document contain a sufficient
legal description in the format prescribed by the county clerk.
14
location descriptions.
Notwithstanding
described easement location clarifies the
adds future certainty during the lifespan
methods for adequately describing the
affected land:
Ingress and Egress. Ingress and egress is a fancy way of saying entering
and exiting. A well-drafted easement document should specify the parties
agreement on how (and when) the easement owner can use the affected land to
access the easement. Sometimes, access is generally agreed to at convenient
points (see Example, below). Other times, access is limited to certain gates
and/or field roads. In addition, the easement document may specify some period
of advance notice for non-emergency access.
Example: Grantor . . . does hereby grant to . . . Grantee . . . the right . . .
to construct, inspect, operate . . . a pipe line . . . along a route to be selected
by Grantee, with the right of ingress and egress at convenient points to and
15
from said facilities . . . for the purpose aforesaid on, over and through certain
lands situate in the County of Hennepin and State of Minnesota and described
as follows: NW of Section 28, Township 116 North, Range 22 West.
Other Typical Uses. In addition to the above, other typical uses can include:
The Easement owners right to clear the easement of trees and vegetation.
The easement owners right to utilize self-help to remove obstructions and
encroachments.
Duty to Bury the Pipe a Certain Depth. While the D,O,T, requires minimum
depth of cover, for pipelines, burial depth provisions in excess of these
requirements are commonly requested by the landowner to be added to
easement language in agricultural areas. Example:
Grantee . . . hereby
16
17
18
The agent must never over or underestimate the landowners level of understanding, or
ability to understand, due to the landowners dress, manner of speech, age, ethnicity or
social background. Racial, ethnic, age, national origin, sexual, and religious slurs or
comments should not be a part of any conversation with the landowner. Disparaging
remarks about other landowners, utility operators, or contractors to the landowner are
typically viewed as unprofessional and should be avoided.
The agent should maintain a professional level of conversation and never resort to
making personal comments with regard to the landowners tone or tactics. The agent
should gracefully terminate discussions with a landowner if it appears that further
conversation may lead to a situation whereby the landowners anger appears to be
escalating in an uncontrolled manner or situation whereby the landowner may consider a
physical altercation to make their point.
The agent should preserve the confidentiality of conversations with each landowner and
never reveal the terms of an agreement with other landowners; except for relaying
standard terms and approaches to issues on a uniform basis: e.g., land restoration,
seeding, clean up, etc., and to convey that all landowners are being treated fairly.
An agent should never engage in gossip or personal comments about other landowners;
understanding that often general discussions regarding adjoining lands may lead to
discovery of information about other landowners who have been unavailable for direct
contact, e.g., learning about new landowners, relatives among landowners, preferences,
disputes among neighbors, concerns: all of which can assist the agent with overall
landowner relations and negotiations with and among neighboring landowners. The
agent must always be discreet with information entrusted to them by the landowner.
19
The company will construct the project using appropriate technology and
construction techniques that will minimize impacts to your land and the
environment.
The project will supply _____ jobs to this community (long and short term) and will
add significant dollars to the local tax base.
20
The company will restore all property to its pre-construction condition to the
maximum extent possible.
After construction and restoration, the project site is monitored to ensure that the
restoration objectives have been met and the company will work with the property
owner(s) regarding varying restoration options.
The project will satisfy a public need by delivering clean-burning natural gas to
generate electricity, heating, cooking, and other uses.
If you would send us ________, we would be happy to complete the process for
you.
The information we have suggests that you have a different viewpoint on this
issue. Let me see if I understand your position correctly and Ill try to explain our
perspective to you.
Might we suggest that you [suggestion].
One option open to you is [option].
We can help you to [whatever] if you can send us [whatever]
Pencil fiddling
Rocking
Ring twisting
Tapping
Fig leaf stance
Parade rest
Choir pose
21
Presentation Techniques
Things to Avoid
1.
2.
3.
4.
5.
6.
7.
8.
9.
Things to Practice
1.
2.
3.
4.
5.
6.
22
The following comments are available on the Pre-Filing FAQs page on FERCs
website (see http://www.ferc.gov/industries/gas/indus-act/pre-filing/faqs.asp):
Q: What is Eminent Domain (Condemnation)?
A. Section 7(h) of the Natural Gas Act (NGA) grants the right of eminent
domain when a certificate of public convenience and necessity is issued by
the FERC under section 7(c) of the NGA.
Thus, when FERC finds that a proposed project is in the public interest, it
will issue an order of convenience and necessity. The pipeline company will
then have the right to acquire necessary property rights for that project by
use of eminent domain if the pipeline company and landowner cannot
reach a voluntary agreement regarding the terms of an easement or the
compensation to be paid.
23
24
The agent is free to discuss condemnation if asked directly or the time has
come to address this subject during protracted negotiations. In discussions with
landowners, tenants, and/or their attorneys, great care should be exercised in
discussing this subject. Additionally, the agent should emphasize that
eminent domain is the companys last choice in acquiring rights for the
project. Condemnation is never to be used as a threat, express or
implied to the landowner or their representative.
If, prior to receiving the FERC Certificate, you are asked by the landowner,
Can you condemn me, your response should be similar to: Not at this time,
but should the FERC grant a Certificate of Public Convenience and Necessity for
this project, the right of eminent domain will be available to us should
negotiations fail to reach an agreement. Again stress that condemnation is
used only as a last resort and that it is our desire to reach an amicable
settlement with each party.
Eminent domain proceedings vary from state to state and legal counsel should
be consulted regarding the specific process in the state where the project is
taking place. However, the eminent domain process typically follows the
general pattern outlined below:
o
25
Depending on the situation and the legal requirements of the state, it may
be necessary for the pipeline company attorney to send another final offer
letter to initiate the condemnation process.
The final offer letter is usually followed by a service of summons and the
filing of a lawsuit.
Settlement talks can continue during the condemnation process with the
hope that the matter can be settled out of court. However, if the
proceeding continues to the final step in the process, a hearing before the
judge where either the commissioners or jury set the amount of
compensation would take place.
26
V. Construction Phase
Once easement acquisition is complete and the project moves into the construction
phase, clear and ongoing communications with the landowner is imperative.
Communication with the landowner begins with a review of the easement for the
impacted tract of land. The construction schedule and the sequence of crews (e.g.,
survey, clearing, trenching, etc.) should be communicated to the landowner. Issues or
concerns raised by the landowner or other stakeholders should be addressed
immediately, and communicated to Construction and Management on a daily basis.
Communication with different groups such as Engineering, Construction, Business
Development (Commercial), and the construction contractor need to be ongoing and
continuous to efficiently revise any needs specific to the detailed execution plan. These
communications should take place regularly and if necessary at the daily construction
meetings.
Any communications/decisions requiring action on a particular parcel of land will be
relayed to the appropriate agent and Right of Way (ROW) supervisor, so the landowner
can be immediately contacted. On the ground meetings (tract site meeting) will be
conducted by the agent or ROW supervisor along with other personnel representing
Construction, Engineering, or construction contractor as required. Any landowner
concerns during construction will be addressed by the agent.
27
Issues/Opportunities
All issues and opportunities affecting the project should be regularly discussed with
Project/Company Management and Construction. Problem resolution or action to
mitigate a problem should be jointly decided upon and each party should be assigned
specific roles and responsibilities. The agent is ultimately responsible to ensure follow-up
with the landowner and reporting any problems to company management. The following
is a list of issues that most commonly arise during a project after construction begin:
Construction encroachment into areas where an easement or work space was not
acquired. This will require quick action and timely communication within the
project team and ROW to respond, evaluate, and correct.
Landowner or third party encroachment into the purchased right of way. This will
require direct communication between ROW, Construction, and Engineering for
resolution.
28
Required permits not identified during agency interviews or during the land rights
acquisition phase of the project. Legal counsel may be necessary to help
determine jurisdictional requirements and expeditiously obtain.
Forward construction schedule for tract impacts need timely communication from
Construction and Contractor throughout the project to implement terms and
conditions of each tract agreement.
Any damages resulting from the settling of the ditch-line or other post
construction damages are handled fairly and expeditiously.
29
EXHIBIT A
INGAAS Americas Natural Gas Transporters
Commitment to Landowners
Core Principle #1
Respect and Trust
Positive, lasting relationships are built on mutual respect and trust. We will strive to
understand issues from the Landowners perspective and help them understand ours.
General Application
Open communication and use of listening skills will be critical to the development of a
positive relationship with the Landowner
Core Principle #2
Accurate and Timely Information
Providing natural gas transportation and storage services to the nation may create
concerns. We will provide Landowners with information regarding the importance of energy
infrastructure, the reason and need for the proposed project, and the processes in place
governing easement acquisition, certification, construction, operation and maintenance of
our facilities and the particulars of the project.
General Application
Agents trained in all phases of the pipeline project will allow for accuracy of information as
well as providing an opportunity for the Landowner to understand the project.
Core Principle #3
Negotiate in Good Faith
Agents will listen and strive to understand, and negotiate in good faith. We will make every
attempt to reach agreement with landowners in an honest, fair and reasonable fashion.
General Application
Good communication skills and pipeline project knowledge will assist in good faith
negotiations. Easement negotiations can become an emotional matter for the Landowner
and honesty, fairness and good manners will help to facilitate the process and overcome
potential emotional issues
Core Principle #4
Respect the Regulatory Compact
Final Approval for a project is not a certainty and our interactions with Landowners will
reflect that understanding. Prior to a Federal Energy Regulatory Commission (FERC)
decision, actions taken to negotiate easements or options are at the companys risk as there
is no guarantee the project will be approved. We will communicate clearly that federal
eminent domain cannot be exercised unless a Certificate is granted by FERC and will
distinguish clearly when, and if, eminent domain is exercised pursuant to state law.
General Application
Questions regarding eminent domain will most certainly be raised. A Right-of-way agents
clear understanding of the FERC regulations and presentation of these regulations in a nonthreatening manner is required.
30
Core Principle #5
Responding to Issues
We will respond to Landowner concerns in a timely fashion. To enhance direct
communications and timely responses, we will provide Landowners with a single point of
contact within the company to answer any question or concern and to provide general or
project-specific information.
General Application
All information regarding any Landowner inquiry should be delivered in a timely manner as
should be mandated by the Company. Timely responses assist to foster the aforementioned
principles such as Respect and Trust, Delivery of Timely Information and Good Faith
Negotiations.
Core Principle #6
Outreach
We will engage with and promote awareness on the part of affected stakeholders early in
the planning process. In broadening our outreach, we will develop relationships with, and
introduce our industry to, those who might not have otherwise known about its benefits to
the community and our dedication to safely providing these services.
General Application
Early project outreach to Landowners is essential to insuring the development of positive
relationships with them. Right-of-way agents should be aware of these outreach attempts
and strive to become an engaged facilitator as per the Company philosophy.
Core Principle #7
Industry Ambassadors
Each company employee and representative is an ambassador for the industry. We will
ensure our employees and representatives interact with stakeholders in accordance with
these commitments.
General Application
Understanding the natural gas pipeline process and the industry as a whole is crucial for all
Right-of-way agents. Professional conduct and exercising the principles identified herein is
expected of each Right-of-way agent.
Core Principle #8
Ongoing Commitment to Training
We believe in continuous improvement in all aspects of our business. With the demand for
natural gas increasing and many new people entering the industry, we will train our
representatives to interact positively and productively with Landowners and other
stakeholders.
General Application
Right-of-way agents should strive to become familiar with and educate themselves about
the industry and the process. Seeking knowledge from peers and mentors in the industry
as well as becoming engaged in each training session or open house on their project will
help to make that Right-of-way agent an asset for the project.
31
EXHIBIT B
Smart Communications
I)
Introduction
The Industry Professionals most important skill is his or her ability to communicate
information appropriately, timely and clearly to stakeholders and land supervisors.
Conveying proper information in the correct form is paramount to successful negotiations
and information exchange. Conversely, the communication of incorrect information or in an
inappropriate manner can create significant issues for the company and hinder the
successful completion of projects.
Recognizing that the convergence of technologies affects our ability and mode of
communications, this discussion will address verbal, written and electronic communications.
Knowing the who, what, when, and how of communicating is essential to successfully
providing necessary information to stakeholders. The Right-of-way agent must realize that
anything that is spoken or written will be considered as being done on behalf of the
company.
II)
Types of Communication
Verbal Communication
Verbal communication is widely used in this field. The Industry Professional must carefully
consider how verbal communications will be received, interpreted and repeated. When
dealing with landowners, flippant or overly casual remarks or attempts at humor must be
avoided. The Industry Professional needs to remember that this is a business relationship
and the landowner must be kept at arms length. It is unacceptable to make inappropriate
or unprofessional remarks to landowners or agencies at any time. A case in point would be
speaking disparagingly of others to landowners or agencies. The same facts repeated from
one person to another may not resemble the original facts and intent after only a few
transmissions. There is a risk that a verbal communication may be misinterpreted or
misunderstood. The preferred method of communication with landowners should always be
face to face meetings. Phone conversations are sometimes necessary, but are overall less
effective in closing a file.
Written Communication
Once a face to face relationship with the landowner has been established, then written
communication is the mode of communication that is more likely to confirm the proper and
correct information conveyed verbally, without the high risk of misinterpretation. However,
the expectation is that the Industry Professional will handle their business during face to
face meetings whenever reasonably possible. When conveying written information, the
Industry Professional has the ability to review his comments to insure they are proper and
clear. In certain circumstances, written forms of communication also allow the writer to
seek advice, clarification, support, approval and direction from their land supervisor prior to
sending it. The Industry Professional must remember that written communications provide
a permanent record, and leave little doubt regarding the intent of the communication or the
facts and information contained therein.
32
Electronic Communication
Electronic communications are an important and timely tool in certain circumstances,
however, they sometimes have the stigma as being less formal or informal
communications.
Electronic communications carry the same benefits and detriments as
paper communications, but often do not receive the same level of scrutiny before being
sent. It is essential to give electronic communications close review before transmitting,
because they can be very easily forwarded to great numbers of people without the
knowledge or consent of the original sender. An electronic communication intended for an
individual can carry a very different meaning when read by someone other than the
intended audience, since the additional readers may not have the background information
or knowledge of the relationship between the sender and receiver. Long emails written in an
attempt to discuss issues related to a negotiation are to be avoided unless there is no other
reasonable alternative and the email has been reviewed and approved by the Industry
Professionals supervisor prior to sending. As stated above, face to face meetings are the
most effective way for Industry Professionals to address landowner issues.
Smart Communication Practices
The Industry Professional should adhere to these principles when communicating with the
public on behalf of the company:
Be an active listener
Assume possibility of public use
Be factual, professional and avoid sarcasm or demeaning language
Avoid inflammatory language
Limit distribution, but anticipate that it may be forwarded to others
Edit well
Accurately label subject lines
Address issues factually and calmly
Dont commit to emerging facts, unsubstantiated information, or contribute to rumors
Distinguish fact from legal conclusions
Be vigilant and cautious in all communications with and about landowners, competitors,
company personnel and others
All communication must be professional, not including flippant, disrespectful, or negative
language
Maintain confidentiality of negotiations and legal proceedings
As set out above, ask land supervisor to review and approve prior to sending written
communications.
33
CHART 1
34