“While the decision by the FERC to deny our petition is disappointing, we firmly believe that the Clean Water Act does more than impose a strict “one-year test” on state agencies and, accordingly, we believe the order erred by failing to find that Section 401 was waived due to New York failing to act within a “reasonable period of time” on Constitution’s Clean Water Act application. We are planning to seek rehearing and, if necessary, appeal of this decision in order to continue to develop this much-needed infrastructure project designed to bring natural gas to a region of the country that has recently experienced demand resulting in the highest natural gas prices in the world. Constitution remains committed to constructing and placing into operation this critical piece of energy infrastructure.”