Energy Law

FERC Chairman Responds to Letter Regarding the DEIS for Sparrows Point LNG Project

Posted on June 02, 2008
FERC Chairman Joseph Kelliher responded to concerns expressed by members of Maryland's Congressional delegation regarding the adequacy of the Commission's Draft Environmental Impact Statement for the proposed Sparrows Point LNG regasification terminal...

FERC Offers Comments on Weaver's Cove LNG Project

Posted on May 28, 2008
Yesterday FERC made public a letter it filed with the U.S. Department of Commerce regarding Weaver's Cove Energy's proposed LNG import project. Specifically, the letter expresses FERC's continued support for the project and states that "the Commission continues to believe that the project is required in the public interest to develop the nation's energy infrastructure and to increase the reliability and security of the supply of natural gas to New England...

Oregon Congressman Joins Governor in Requesting a Supplemental DEIS for the Proposed Bradwood Landing LNG Terminal

Posted on May 16, 2008
Congressman David Wu (D-Ore.) has joined Oregon Gov. Ted Kulongoski (D) in requesting that FERC issue a supplemental Draft Environmental Impact Statement for the proposed Bradwood Landing LNG terminal. According to the Daily Astorian, Rep. Wu sent a letter to FERC this week arguing that a supplemental report is needed to evaluate terminal design changes and to address a report recently released by the Oregon Department of Energy on the state's energy needs.

Cove Point Commences FERC Pre-Filing Process for Pier Reinforcement Project

Posted on May 14, 2008
Earlier this week, Dominion Cove Point filed a request that FERC initiate its National Environmental Policy Act (NEPA) pre-filing review of the company's proposed pier reinforcement project. The project would involve upgrading the existing offshore pier at the Cove Point LNG terminal in Calvert County, Maryland...

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FERC Requests Department of Defense Response to Sparrows Point DEIS

Posted on May 14, 2008
Yesterday FERC asked the Department of Defense for its opinion of FERC's conclusion in the Draft Environmental Impact Statement (DEIS) for the proposed AES Sparrows Point LNG terminal that the construction and operation of the terminal will not affect any military activities in the region...

Broadwater Energy Seeks Extension to Appeal New York State's Decision on LNG Project

Posted on May 12, 2008
Newsday reports that Broadwater Energy has requested a 30-day extension to appeal New York State's decision on its LNG project to the U.S. Secretary of Commerce. According to the letter requesting the extension, Broadwater is waiting for materials from FERC, which are required to complete its appeal...

FERC Announces Series of Public Meetings on the Oregon LNG Proposal

Posted on May 05, 2008
FERC announced in today's Federal Register that it will host three public meetings on the proposed Oregon LNG import terminal. All three meetings will be held in Oregon and are scheduled for May 20, 21, and 22.

Editorial: Broadwater Energy's CZMA Consistency Appeal Should be Denied

Posted on May 05, 2008
An editorial in today's Stamford Advocate argues that the U.S. Department of Commerce should deny Broadwater Energy's anticipated appeal of New York State's decision regarding the Broadwater project's consistency with the state's coastal zone management plan under the Coastal Zone Management Act (CZMA)...

Quoddy Bay LNG Does Not Foresee Long-Term Problems for Proposal Despite Recent Setback

Posted on April 29, 2008
Donald Smith, president of Quoddy Bay LNG, told Platts LNG Daily [subscription required] that he does not anticipate any long-term problems for the company's LNG proposal for Maine, despite FERC's decision to suspend review of Quoddy Bay's LNG terminal application...

FERC Denies Request for Rehearing in North Baja Gas Pipeline Proceeding

Posted on April 28, 2008
Last week FERC denied a request for rehearing filed by California's South Coast Air Quality Management District in the North Baja gas pipeline proceeding. According to Platts LNG Daily [subscription required], the request for rehearing had been made to compel FERC to analyze the potential impact on air quality from gas imported at the Energia Costa Azul LNG terminal in Mexico and transported to California via the North Baja gas pipeline...

FERC Suspends its Review of Proposed Quoddy Bay LNG Terminal

Posted on April 25, 2008
FERC announced today that it is suspending its review of the Quoddy Bay LNG terminal application. FERC Staff cited the developer's inability to provide information regarding "proposed vaporizer revision as well as the safety and reliability of the proposed cryogenic transfer line...

FERC Releases DEIS for Proposed Sparrows Point LNG Terminal

Posted on April 25, 2008
FERC today released its Draft Environmental Impact Statement (DEIS) for the Sparrows Point LNG import terminal proposed by AES Corporation. FERC Staff concluded that, if constructed and operated in accordance with the mitigation measures proposed by the developer and those recommended by Staff, and in accordance with U...

Weaver's Cove Energy Initiates FERC Pre-Filing Process for New Project Concept

Posted on April 24, 2008
Last week Weaver's Cove Energy filed a request that FERC initiate its National Environmental Policy Act ("NEPA") pre-filing review of the developer's revised offshore unloading concept. The request is styled as an amendment to FERC's previous authorization for the company to site, construct, and operate an LNG terminal in Fall River, Mass...

DEIS Available for Port Dolphin LNG Deepwater Port

Posted on April 17, 2008
In today's Federal Register, the Maritime Administration and the U.S. Coast Guard announced the availability of the Draft Environmental Impact Statement (DEIS) for the Port Dolphin LNG deepwater port. A public meeting will be held in Palmetto, Fla...

Maryland Senators Offer Support for Bill Modifying LNG Project Siting Authority

Posted on April 16, 2008
United States Senators Barbara Mikulski (D-Md.) and Benjamin Cardin (D-Md.) announced yesterday that they would support S. 2822, a bill to repeal the section of the Energy Policy Act of 2005 that granted FERC exclusive authority over siting onshore LNG import facilities...

Connecticut Governor Endorses Proposed Federal Legislation Repealing FERC's Exclusive Authority Over LNG Siting

Posted on April 10, 2008
Governor M. Jodi Rell (R-Conn.) released a statement yesterday endorsing S. 2822, a bill proposed in the U.S. Senate by Sen. Ron Wyden (D-Ore.)  that  would repeal the portion of the Energy Policy Act of 2005 granting FERC exclusive authority over the siting of LNG terminals.

Democratic Presidential Candidates Campaign in Oregon on Their Opposition to Federal Authority Over LNG Terminal Siting

Posted on April 09, 2008
Democratic presidential candidates Sen. Hillary Clinton (D-N.Y.) and Sen. Barack Obama (D-Ill.) have both entered the debate on the federal government's authority over the siting of LNG regasification terminals. Earlier this week, Sen. Obama announced his co-sponsorship of a bill to repeal the section of the Energy Policy Act of 2005 (EPAct 2005), which codified the federal government's exclusive authority over the siting of LNG import terminals...

U.S. Senators Propose Repeal of FERC Authority Over Siting of LNG Terminals

Posted on April 08, 2008
Last week U.S. Senators Ron Wyden (D-Ore.), Hillary Clinton (D-N.Y.), Chris Dodd (D-Conn.), and Joseph Lieberman (ID-Conn.) proposed senate bill 2822 that would repeal FERC's authority over the siting of LNG facilities, established as part of the Energy Policy Act of 2005...

Connecticut Requests Rehearing of Conditional Approval of Broadwater LNG Project

Posted on April 04, 2008
Connecticut's Governor, M. Jodi Rell (R), and Attorney General, Richard Blumenthal (D), announced yesterday that the State of Connecticut has filed an Application for Rehearing of FERC's decision to grant conditional approval for the Broadwater LNG terminal...

FERC: Market Should Decide Whether LNG Projects in Oregon Move Forward

Posted on April 04, 2008
Members of Oregon's Democratic Congressional Delegation reportedly are disappointed with the response they received from FERC to a letter from the delegation asking FERC to investigate whether the state needs natural gas from the proposed LNG terminals in the state...

Long Island Elected Officials React to FERC's Approval of Broadwater LNG Project

Posted on April 03, 2008
Suffolk Life (Long Island, N.Y.) offers coverage of several elected officials' criticisms of FERC's approval of the Broadwater Energy LNG terminal proposed for Long Island Sound, including that of U.S. Rep. Tim Bishop (D-N.Y.) and two New York State assemblymen...

FERC Grants Approval to Sabine Pass LNG and Freeport LNG to Receive Larger LNG Vessels

Posted on April 02, 2008
Last week FERC granted approval to Sabine Pass LNG for the terminal to receive LNG vessels with cargo capacities up to 266,000 m3. The same day, FERC also authorized Freeport LNG to receive LNG vessels with cargo capacities up to 217,000 m3. The orders granted for Sabine Pass LNG and Freeport LNG are available in FERC's eLibrary under Docket Nos...

FERC Grants Extension to Corpus Christi LNG

Posted on March 31, 2008
FERC granted an extension Friday to Corpus Christi LNG for construction and operation of its terminal and pipeline facilities. Cheniere Energy subsidiary Corpus Christi LNG LP cited LNG market conditions, including delays of liquefaction projects around the world, in its application for the extension of time...

FERC Commissioner: Both Federal and State Authorities Play Important Roles in Siting Energy Projects

Posted on March 27, 2008
In a statement released with FERC's conditional approval of the Broadwater Energy project, FERC Commissioner Marc Spitzer said that he is "deeply respectful of state jurisdiction." He went on to describe this respect as "reciprocal," and requested that the dialogue concerning the Broadwater Energy project remain civil...

Editorial: FERC Ignored Concerns in Approving Broadwater Energy Proposal

Posted on March 27, 2008
An editorial in today's Stamford Times argues that FERC failed to address concerns from Connecticut, New York State and the U.S. Coast Guard in approving the Broadwater Energy LNG project. The piece refers to New York Gov. David Paterson (D) as the "last chance" to prevent construction of the terminal.

Local Paper Summarizes Comments on Downeast LNG's Proposed Gas Pipeline Route

Posted on March 25, 2008
The Bangor Daily News offers a summary of the positions of several government agencies, local utilities, and residents who have commented on the proposed route for the Downeast LNG natural gas pipeline. The Daily News notes that eight of the ten comments posted in FERC's online docket (Docket No...

FERC Issues DEIS for Florida LNG Storage Facility

Posted on March 25, 2008
Last week FERC issued a Draft Environmental Impact Statement (DEIS) for a peak-shaving facility proposed by Floridian Gas Storage. The proposed facility would have a storage capacity of 4 Bcf. The DEIS is available in FERC's eLibrary under Docket No. CP08-13...

Connecticut A.G. Pledges to Appeal FERC Decision on Broadwater LNG Proposal

Posted on March 25, 2008
Richard Blumenthal, the Democratic Attorney General of Connecticut, plans to appeal FERC's decision to issue conditional approval for the Broadwater Energy LNG import project. He said in a statement, "I will fight this project at every agency and in every court up to the U...

Puerto Rico's EcoEléctrica LNG Seeks to Modify Original FERC Order Allowing Construction of its LNG Terminal

Posted on March 24, 2008
FERC announced today in the Federal Register that EcoEléctrica L.P., the owner and operator of Puerto Rico's sole LNG terminal, is seeking to modify its original Section 3 FERC order authorizing construction and operation of the terminal. Specifically, the firm is seeking to use an existing stub natural gas pipeline, located on the facility's property, to deliver gas to the Puerto Rico Electric Power Authority's proposed Gasoducto del Sur pipeline, and to construct an additional LNG vaporization system...

FERC Issues Conditional Approval of Broadwater LNG Project

Posted on March 21, 2008
Yesterday afternoon FERC issued its approval of the Broadwater Energy LNG terminal proposed for Long Island Sound, subject to the adoption of over 80 mitigation measures related to safety, security, and environmental impacts. Reuters reports that, in support of the decision, FERC Chairman Joseph Kelliher stated, "Based on all available scientific facts, we approve the Broadwater project today, subject to rigorous conditions, because it can meet the projected energy needs for New York City, Long Island and Connecticut, and can provide the service safely, securely and with limited adverse impact on the environment...

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