Utilities Commission to continue its investigation of PSNC

By Lisa Majors-Duff

With that in mind though, the Utilities Commission has lifted its restraining order against the company and denied a request for a preliminary injunction against PSNC, giving its representatives until July 16 to final an answer to Willets residents' complaints.

Residents of the road said they were unaware the pipeline was to be constructed in their neighborhood until a PSNC crew began work near their homes in late April. Most of the pipeline construction so far from the Jackson-Haywood County line west has taken place along U.S. 23/74 in Department of Transportation right of way.

Residents informed PSNC crew members that construction should stop because DOT has no right of way along Willets Road, a statement both PSNC and DOT have denied. Construction continued after PSNC Project Engineer Bob Garrett informed the residents that Willets Road was chosen as the preferred route after installation on a nearby U.S. 23/74 overpass was determined to be unfeasible.

Not satisfied with that answer, residents sought the assistance of Sheriff Jim Cruzan, who on June 19 ordered PSNC to halt construction until the matter could be resolved. From that point, residents contacted the Utilities Commission, which issued an order to PSNC June 27 "to cease construction on the property owned by the complainants pending resolution..."

Tuesday's order written by Sam Ervin IV of the N.C. Utilities Commission states that after reviewing written material submitted by Willets Road residents, PSNC and the Department of Transportation, the commission has determined it has jurisdiction to hear complaints that the gas company "acted arbitrarily and unreasonably" when it routed the pipeline along Willets Road. He, therefore, denied PSNC's motion to dismiss complaints filed by Willets residents.

But Ervin was unwilling to take it a step further by either continuing the temporary restraining order originally issued June 26 or by granting a preliminary injunction against PSNC. He gave three explanations for not continuing the work stoppage.

First, he wrote that "complainants' own affidavits tend to show that PSNC changed its route for safety reasons in order to avoid attaching the gas pipeline to a highway overpass on Highway 23/74."

Next, he wrote that DOT continues to claim a right of way along Willets Road based on its maintenance of the road, a right of way it then allowed PSNC to encroach for pipeline construction.

Finally, Ervin wrote that "taken as a whole, the affidavits filed by the complaints fail to show a likelihood that complainants will succeed on the merits, and the request for a preliminary injunction must be denied on that basis."

Nothing in his ruling denies the rights of the parties to seek relief in another forum, the Ervin wrote. And that, according to Randy Lucas, is an option he and other Willets Road residents are considering.

"We knew (the Utilities Commission) couldn't help us with the relief we requested," said Lucas, who confirmed residents have discussed retaining an attorney and continuing their fight in a local courtroom.

Seeking monetary damages for action taken by PSNC in the neighborhood is secondary to residents' desire to have PSNC remove the pipeline or abandon it, he said.

PSNC spokesman Heidi Henderson confirmed Tuesday that the company had received the Utilities Commission's order and officials there were reviewing it. "We will meet the commission's request to file an answer to the complaints by July 16," she said.

Back to Archive: 07/11/02.