Energy Law

Oregon Governor to Request Rehearing on Jordan Cove LNG Decision

Posted on December 18, 2009
Following FERC's approval of the Jordan Cove LNG project, Gov. Ted Kulongoski (D-Ore.) said that he would seek rehearing of FERC's decision.  Oregon continues to assert that it is improper for FERC to issue its conditional authorization because the project proponent has not yet obtained its state authorizations pursuant to the Coastal Zone Management Act, Clean Air Act and Federal Water Pollution Control Act...

Baltimore Officials Remain Opposed to AES Sparrows Point LNG Project Following FERC Decision

Posted on December 18, 2009
Following yesterday's decision by FERC to re-affirm its previous approval of the AES Sparrows Point LNG regasification project, a spokesperson for Baltimore County said that "nothing in [FERC's] ruling changes our opposition." The Baltimore Sun provides further coverage.

Weaver's Cove Responds to Rhode Island Agency's Objections

Posted on December 17, 2009
Weaver's Cove Energy, LLC filed a response to an objection submitted by the Rhode Island Coastal Resources Management Council (CRMC) to the developer's request that the Commission declare Condition 24 of  the order approving the Weaver's Cove LNG project satisfied...

Freeport LNG Revises Emergency Response Plan

Posted on December 17, 2009
Freeport LNG Development, L.P. filed two revised pages for its Emergency Response Plan, available in the FERC eLibrary under Docket No. CP03-75.

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FERC Approves In-Service Date Extension for Golden Pass LNG Terminal

Posted on December 17, 2009
FERC granted a request to extend the in-service deadline for the Golden Pass LNG terminal yesterday. The new in-service deadline is July 6, 2012. FERC's letter order is available in the Commission's eLibrary under Docket No. CP04-386.

FERC Approves Jordan Cove, Re-Affirms AES Sparrows Point LNG Projects

Posted on December 17, 2009
FERC announced this morning that the Commission approved the Jordan Cove LNG import project and re-affirmed its previous authorization of the AES Sparrows Point LNG project. The votes on each project were 3-1, with Commission Chairman Jon Wellinghoff dissenting in both proceedings.

FERC to Address Jordan Cove, AES Sparrows Point LNG Projects at Meeting This Week

Posted on December 14, 2009
FERC will decide whether to authorize the planned Jordan Cove and AES Sparrows Point LNG projects at the Commission's meeting scheduled for Thursday, December 17, 2009. The agenda for the meeting is available here.

FERC Approves Onshore Facilities Associated with Port Dolphin LNG Deepwater Port

Posted on December 04, 2009
Yesterday FERC released an order issuing certificates, subject to a number of environmental conditions, for the onshore pipeline facilities associated with the Port Dolphin LNG deepwater port. The onshore facilities will include a 3.93-mile natural gas pipeline and an interconnection with the Gulfstream Natural Gas and Tampa Electric Co...

Rhode Island Towns File Appeal of USCG Decision on Weaver's Cove LNG Project

Posted on December 03, 2009
The towns of Bristol and Tiverton, R.I., filed a joint appeal of the U.S. Coast Guard's determination that the waterways associated with the Weaver's Cove LNG import project are suitable for the project. The appeal is available in the FERC eLibrary under Docket No...

Rhode Island Requests Appeal of Coast Guard LOR in Weaver's Cove LNG Proceeding

Posted on December 02, 2009
The Rhode Island Department of Environmental Management (DEM) has filed an appeal of the U.S. Coast Guard Captain of the Port's determination regarding waterway suitability for the Weaver's Cove LNG project. The DEM alleges that the Captain of the Port's decision was arbitrary and capricious, the Coast Guard's procedures violate that National Environmental Policy Act and are deficient and unreasonable, and the Coast Guard's treatment of "resource gaps" in the current Weaver's Cove LNG proposal are "factually inaccurate and unreasonable...

Three-Nation Alliance Submits Consultant's Report Challenging Downeast LNG's Revised Purpose and Need Statement

Posted on November 25, 2009
Yesterday, the Three-Nation Alliance submitted a motion to FERC requesting that the Commission reject Downeast LNG's August 21, 2009, Revised Purpose and Need Statement. The Alliance specifically challenged the fact that Downeast filed a revised purpose and need statement for the project more than one month after the public comment period on the Draft EIS closed...

Weaver's Cove Energy Responds to Comments of Massachusetts State Agency

Posted on November 25, 2009
Weaver's Cove Energy filed comments with FERC yesterday criticizing the actions of the Massachusetts Executive Office of Energy and Environmental Affairs (EOEEA). Specifically, Weaver's Cove alleges that EOEEA ignored portions of the record that includes alternatives analysis and that "EOEEA's attempt to inject itself into the Commission's NEPA review process at this late date is particularly suspect...

Downeast LNG Responds to FERC's Information Request

Posted on November 24, 2009
Downeast LNG submitted a response to FERC's request for information regarding the Maritimes & Northeast Pipeline (M&NE). FERC requested Downeast LNG's plans for delivering imported gas to market should M&NE decide not to expand its system to accommodate the proposed terminal...

FERC Voluntarily Dismisses Appeal in FOIA Proceeding Involving Bradwood Landing LNG

Posted on November 23, 2009
FERC requested a voluntary dismissal of its appeal of a decision in a case involving FOIA requests filed by two environmental groups regarding the planned Bradwood Landing LNG project. Last Thursday the U.S. Court of Appeals for the Ninth Circuit granted FERC's motion to dismiss...

FERC Denies WGL's Request for Rehearing in Cove Point LNG Pier Enhancement Proceeding

Posted on November 20, 2009
Yesterday FERC issued an order denying a request for rehearing submitted by Washington Gas Light (WGL) in the Cove Point LNG Pier Enhancement proceeding. In its order, FERC addressed and dismissed all three allegations of error made by WGL. The order is available in the FERC eLibrary under Docket No...

Massachusetts, City of Fall River Request Rehearing in Weaver's Cove LNG Proceeding

Posted on September 29, 2009
Late last week the Commonwealth of Massachusetts, the City of Fall River, and Massachusetts Attorney General Martha Coakley jointly filed a request for rehearing of FERC?s determination that Weaver's Cove Energy has met the requirements specified in Condition 40 of the Commission's 2005 conditional order approving the project...

FERC Rejects EPA?s Request for Cooperating Agency Status in Weaver?s Cove LNG Proceeding

Posted on September 29, 2009
Yesterday FERC announced that it has rejected EPA's request for cooperating agency status in the Weaver's Cove LNG offshore berth proceeding. According to the Commission, the decision was based on EPA's statements that the agency would not pledge not to release pre-decisional information related to the NEPA analysis of the project...

FERC Grants Extension to Trunkline LNG to Complete Infrastructure Enhancement Project

Posted on September 28, 2009
Late last week FERC granted an extension to Trunkline LNG to place the facilities associated with the Lake Charles LNG terminal Infrastructure Enhancement Project in service. The new deadline for placing the facilities in service is June 1, 2010. Find FERC's order in the eLibrary under Docket No...

Freeport LNG Seeks Clarification on Facility Noise Survey

Posted on September 28, 2009
On Friday Freeport LNG Development, L.P. informed FERC that it has not yet completed the required noise survey of its regasification facility because the LNG delivered to the terminal recently has been stored for possible re-export and has not been regasified...

FERC Officials Visit Oregon LNG Project Site

Posted on September 21, 2009
Last week a number of FERC officials visited the planned site of the Oregon LNG import terminal. Find further coverage in the Daily Astorian [subscription required].

FERC Rejects WGL's Protest in Transco Interconnection Proceeding

Posted on September 18, 2009
Stating that Washington Gas Light Company's (WGL) protest of a planned interconnection on Transcontinental Gas Pipe Line Company's mainline that will permit delivery of regasified LNG from the Elba Island LNG terminal expansion had "no merit," FERC reaffirmed its previous determination in the Cove Point LNG terminal expansion proceeding that the potential leaks on the WGL system "would not occur on a properly maintained system...

FERC Approves Waiver on Tying, Capacity Release Arrangements Between Statoil and Sonatrach at Cove Point LNG

Posted on September 16, 2009
Yesterday FERC granted a waiver of  its prohibition on tying and certain capacity release requirements sought by Statoil Natural Gas LLC and Sonatrach. The parties sought the waiver to allow a release to Sonatrach of Statoil's open access transportation capacity on the Cove Point sendout pipeline to be tied or linked to a purchase and sale agreement whereby Sonatrach would sell LNG to Statoil at the inlet of the Cove Point terminal, Statoil would store and regasify it and sell it back to Sonatrach at the outlet of the terminal...

FERC Requests Additional Environmental Information from Downeast LNG; Delays FEIS

Posted on September 15, 2009
Yesterday FERC issued a request for additional environmental data to Downeast LNG on several issues ranging from whale strike avoidance plans to air emissions modeling. FERC also addressed vapor dispersion distances, noting that Downeast's current analysis is "not sufficient" to demonstrate that vapor could not disperse beyond areas under Downeast LNG's legal control...

ConocoPhillips Applies for LNG Export Authorization for Freeport LNG Terminal

Posted on September 14, 2009
ConocoPhillips Company has filed an application to export previously imported LNG from the Freeport LNG terminal. Citing current conditions in the U.S. natural gas market, ConocoPhillips is seeking a blanket authorization from the U.S. Department of Energy to export up to 500 Bcf of previously imported LNG over a two year period...

NMFS Reiterates Requests for Data on Downeast LNG?s Ship Strike Mitigation Plan

Posted on September 11, 2009
The National Marine Fisheries Service (NMFS) submitted a letter to FERC this week reiterating its request for information regarding Downeast LNG's plan to mitigate the possible effects of its project on marine animals. Specifically, NMFS is seeking additional information on Downeast LNG's ship strike avoidance plan...

FERC Authorizes Certain Facilities at Gulf LNG Terminal

Posted on September 11, 2009
Yesterday FERC authorized Gulf LNG Energy to commence construction of the process and utilities piping, process vessels and equipment at its LNG import facility in Pascagoula, Miss. FERC's authorization is available in the eLibrary under Docket No...

Sabine Pass LNG Requests Authorization to Commence Service at Phase II Facilities

Posted on September 10, 2009
Sabine Pass LNG, L.P. has requested that FERC authorize the commencement of service at the Sabine Pass LNG Phase II facilities. The request notes that construction and cooldown of the facilities are complete. Find the request in the eLibrary under Docket No...

EPA Formally Requests Cooperating Agency Status in Weaver's Cove LNG Proceeding

Posted on September 09, 2009
Yesterday the U.S. Environmental Protection Agency (EPA) formally requested status as a cooperating agency in FERC's review of the Weaver's Cove LNG import project. Find EPA's request in the FERC eLibrary under Docket No. CP04-36.

FERC Conducts Annual Inspection of Distrigas' Everett LNG Import Terminal

Posted on September 03, 2009
FERC conducted its annual inspection of Distrigas' Everett LNG import terminal last month and reports that "[n]o deficiencies were found in the inspected areas, nor were any identified as a result of the technical discussions." FERC's letter regarding the inspection is available in the eLibrary under Docket No...

Towns Request Reconsideration of Coast Guard's LOR in Weaver's Cove LNG Proceeding

Posted on September 03, 2009
Similar to other requests, the towns of Bristol and Tiverton, Rhode Island, have jointly requested reconsideration of the U.S. Coast Guard's Letter of Recommendation for the Weaver's Cove LNG import project. The request is available in the FERC eLibrary under Docket No...

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