Intervention From Governor’s Adviser Led to ACP Document Recall | Eastern North Carolina Now

    But emails suggest Eudy went on a hunt Saturday to find out more about the PA. He learned it had been signed and sent to FERC the previous day. On Saturday at 4:04 p.m., Gledhill-Early emailed Bartos, Cherry, and Hamilton: "As requested, I am forwarding a series of emails related to the ACP."

    By Sunday morning Cherry and Eudy were communicating directly. "Sorry for just getting this to you. I sent to Secretary Hamilton immediately upon request and thought that she was forwarding then," Cherry wrote to Eudy.

    Eudy also emailed Cooper's legal counsel, William McKinney: "NC's PA agreement signature page has been recalled."

    At 1:42 p.m., nearly three hours after Eudy knew a FERC official acknowledged Cherry's recall request, Eudy first raised the legal review issue with McKinney. "I need to understand how this could get negotiated and signed at DNCR without their legal counsel's review," Eudy said in an email.

    At 2:11 McKinney emailed the PA to DNCR attorney Phillip Feagan: "Did you ever review or look at the below? Can you call me?"

    At 2:40 McKinney wrote Eudy: "I spoke with Phil. He says that he received the documents yesterday (Saturday) via NCDOJ counsel to the Department. He told me that typically he clears documents like this that are going to the federal government. However, outside monument removal issues, he said he does not deal with the State Historic Preservation Office in many matters. He is looking into how these negotiations developed, and who was involved, and then to provide me with an update. Will relay."

    Documents suggest Eudy was annoyed that no one had told him about Cherry's role in the pipeline construction phase. "Please let me know why this issue didn't get elevated to the governor's office as we were discussing ACP issues," Eudy asked Cooper's policy director Jenni Owen in an email.

Cherry's changing story

    At 10:38 a.m. Sunday, Jan. 14, Cherry emailed FERC's Bowman and two other FERC employees: "I would like to recall our signature page on the Atlantic Coat Pipeline Programmatic Agreement. I signed this form by mistake. I was in the field all day on Friday and arrived back at my desk late to find a number of forms waiting for my signature. One stack held items upon which I had been briefed and had reviewed. Other items were near it. The ACP Programmatic Agreement was then inadvertently signed as I headed out the door to make another appointment. I am sorry for this misunderstanding."

    Bowman responded at 10:59: "Received. Thank you for letting us know. Please call me if there is anything you'd like to discuss further regarding this PA."

    Cherry responded: "Thank you for your understanding. I am most appreciative." Cherry then emailed Eudy a copy of his conversation with Bowman.

    But in April 2019, Cherry gave CJ a different story. When asked who directed him to recall his signature, Cherry said Feagan and Hamilton did because they hadn't reviewed the document. When CJ requested any emails or text messages directing him to do so, the only communication the department provided was a text from Hamilton to Cherry sent Saturday, Jan. 13, at 12:44 PM. "Please give me a call ASAP regarding: acp," it said.

Project stalled

    Some pipe had been installed in North Carolina. But in December 2018, ACP put the project on hold when the U.S. Court of Appeals ruled against the pipeline partners in a lawsuit filed by the Southern Environmental Law Center.

    ACP partner Dominion Energy said it is pursuing legal and administrative options to resume construction.