Tag Archives: Atlantic Coast Pipeline

The illusion of pipeline invincibility is shattered –WWALS Brief to FERC in Sabal Trail Rehearing

Let’s cut to the chase in the letter we filed with FERC yesterday:

11. Historic new circumstances add up

The sun never set on the British Empire. Until it did.

No one circumstance ended that Empire, but it is easy to point at major events that accelerated its demise, such as the independence of India and the Suez Incident. Its fall started after the illusion of its invincibility was shattered by Gandhi’s campaign of civil disobedience and other events such as World War II.

The illusion of invincibility of the inland colonial empire of pipelines has been shattered by recent court orders about the ACP, DAPL, and others, and especially by the shut down of the Dakota Access Pipeline and the shuttering of the Constitution Pipeline and the Atlantic Coast Pipeline. All of those pipelines were expected to be built, and DAPL actually was built before being ordered to shut down and empty. Now the world knows that pipelines are not inevitable.

All these pipeline projects, like Sabal Trail, were opposed by nonviolent protests and political and legal actions. All those methods of opposition, combined with the sea-change in progress to renewable energy, eventually added up to a new and significantly different world than that in which Sabal Trail was permitted or re-permitted.

The shut down of DAPL and the abandonment of ACP as well as the court rejection of tolling orders make it a new world even since FERC’s June 19, 2020, Order granting a rehearing on Sierra Club’s motion.

FERC should initiate a new [Supplemental Environmental Impact Statement] EIS that should take into account Sabal Trail’s own track record of leaks and sinkholes, as well as leaks and accidents from [Liquid Natural Gas] LNG export and LNG transport in rail cars, the speeding demise of fossil fuels as evidenced by record low LNG export prices and bankruptcies of frackers, the court rejections of DAPL, ACP, and tolling orders and how much of Sabal Trail could never have been built through environmental justice communities without tolling orders, the coronavirus pandemic, and the rapid rise of renewable solar, wind, and battery power as evidenced by FPL and Sabal Trail partners Duke and NextEra, as well as by FERC’s own numbers. All of those new and significant circumstances make pipelines such as Sabal Trail toxic stranded assets, dangerous to the bank accounts of their investors, as well as to the environment, justice, and human health.

Conclusion

For the reasons stated above, WWALS asks FERC to grant Sierra Club’s motion for stay of the Commission’s letter order of April 22, 2020, to halt Sabal Trail Phase II, and to commence a Supplemental Environmental Impact Statement (SEIS) taking into account all of the above new and significant circumstances.

[Third-party inspection, recission, stay, SEIS]
Third-party inspection, recission, stay, SEIS

For those who are not familiar with tolling orders, they are basically how, after the Federal Energy Regulatory Commission (FERC) gives federal eminent domain to a private pipeline company, FERC lets that pipeline company take land before any payment to the landowner or even any agreement is reached. Without tolling orders, it’s not clear the FERC will ever get another pipeline built.

Here’s a longer explanation. Continue reading

FERC rubberstamps four rehearing denials and a new pipeline on a Friday 2018-08-10

Scurrying to use its rubberstamp before a Commissioner departing leaves it tied 2:2, FERC once again rubberstamped multiple pipelines, this time three on a Friday plus an LNG export project, while neither its main online library nor its backup library yielded copies of the orders.

I found these four by googling:

  • 164 FERC ¶ 61,099 Florida Southeast Connection, LLC Transcontinental Gas Pipe Line Company, Sabal Trail Transmission, Docket Nos. CP14-554-003, LLC CP15-16-004, LLC CP15-17-003, ORDER DENYING REHEARING, Issued August 10, 2018
  • 164 FERC ¶ 61,098, PennEast Pipeline Company, LLC, Docket No. CP15-558-001, ORDER ON REHEARING, August 10, 2018.
  • 164 FERC ¶ 61,100, Atlantic Coast Pipeline, LLC, Dominion Transmission, Inc., Atlantic Coast Pipeline, LLC, Piedmont Natural Gas Company, Inc., Docket Nos. CP15-554-002, CP15-555-001, CP15-556-001, Order on Rehearing, August 10 2018.
  • 164 FERC ¶ 61,102, Dominion Energy Cove Point LNG, LP, Docket No. CP17-15-001, ORDER DENYING REHEARING, August 10, 2018.

Oh, wait, a mention of a docket number in a FERC agenda leads me to one more Friday rubberstamp, of a new Transco pipeline in New Jersey:

FERC rubberstamp

  • 164 FERC ¶ 61,101, Transcontinental Gas Pipe Line Company, LLC, Docket No. CP17-490-000, ORDER ISSUING CERTIFICATE, August 10, 2018.

Commissioner Cheryl A. LaFleur dissented from Continue reading

Fluor books huge loses on three failed gas-fired plants, plus two failed nukes

It’s not just GE and Siemens that are “experiencing disruption of unprecedented scope and speed,” power plant builder Fluor finds “The challenges we have experienced over the last two years on gas-fired power projects are inconsistent with the results we have historically achieved.” Maybe you should have bet on sun and wind power, Fluor, Siemens, and GE, instead of fracked methane and nukes.

Fluor and Diablo Canyon nuclear project in California
Photo: Fluor web page on Diablo Canyon nuclear power plant

Copenhaver Construction, Inc., 8 August 2017,

Problems on three gas-fired power plant projects with fixed-price contracts forced Dallas-based Fluor Corp. to book a $124-million charge in 2017’s second quarter.

CEO David. T. Seaton says Continue reading

Sierra Club Big Win already cited in denial of Valley Lateral Pipeline 2017-08-31

The pipeline industry is right to be spooked by what its calls a Great Major Victory that Sierra Club, Flint Riverkeeper, and Chattahoochee Riverkeeper won against FERC and Sabal Trail.

The very next week after that Great Major Victory involving greenhouse gases: Rob Friedman and Kimberly Ong, NRDC, 31 August 2017 , New York State Blocks the Valley Lateral Pipeline!


Grassroots advocates have been fighting the Valley Lateral and CPV Energy Center for over 5 years
Erik McGregor/Pacific Press

In a victory for all New Yorkers, the state has blocked a natural gas pipeline that would have Continue reading

From pipelines to renewable energy and efficiency –Sierra Club 2017-08-29

“Once the court officially returns the matter to FERC, the pipeline should cease operations while FERC undertakes the new analysis,” wrote Elly Benson, lead attorney for the case Sierra Club just won against Sabal Trail.

She summed up: ”Instead of sacrificing our communities and environment to build unnecessary pipelines that “set up surefire profits” for pipeline companies at the expense of captive ratepayers, the focus should be on transitioning to clean renewable energy and energy efficiency—especially in the Sunshine State. Forcing federal agencies to grapple with the true climate impacts of dirty fossil fuel projects is a big step in the right direction.”

She leads off this fourth in a WWALS news roundup series (1, 2, 3) about that case, followed by Gordon Rogers, Flint Riverkeeper, another party to the case.

WWALS is not a party to that case and does not speak for the parties, so I can be a cheerleader for them. Shut it down! Let the sun rise!

How many pipelines do we want? None! When do we want it? Never!
How many pipelines do we want? None! When do we want them? Never! —WWALS at the Sabal Trail Suwannee River crossing, 15 August 2015.

This is wind in our sails and could be the end of Sabal Trail –Suwannee Riverkeeper in VDT 2017-08-24

Update 2017-08-29: Fourth news roundup: From pipelines to renewable energy and efficiency –Sierra Club 2017-08-29

“This is wind in our sails and could be the end of Sabal Trail,” Quarterman said, on the front page of the newspaper of record in the largest city in the Suwannee Basin, the Valdosta Daily Times.

Heading downstream
We got sails no one can see.
Suwannee Riverkeeper Vessel on the Suwannee River protesting Sabal Trail 2017-01-14

As Frank Jackalone says (see below), FERC has been getting away with murder. And now maybe they can’t.

Thomas Lynn, Valdosta Daily Times, 23 August 2017, Court decision to impact Sabal Trail pipeline, Continue reading

Pipeliners spooked by Sierra Club Major Landmark Victory; could shut down Sabal Trail –industry press

Update 2017-08-29: Fourth news roundup: From pipelines to renewable energy and efficiency –Sierra Club 2017-08-29

Update 2017-08-24: Third news roundup: This is wind in our sails and could be the end of Sabal Trail —Suwannee Riverkeeper in VDT 2017-08-24

OilPrice.com calls it “a critical decision yesterday, that could jeopardize the future for pipeline projects across the country”; pipeline companies could be “spooked” and “…the court ruling raises the unsettling possibility that the project may be forced to shut down — after billions were spent putting it in into service.” Other stories say this ‘huge’ win could also affect the Atlantic Sunrise, Penneast, Atlantic Coast, and Rover Pipelines, among others.

Children against Sabal Trail in Juno Beach, 2016-10-14
(L to R) Lea Fox, 4, Finn Ryder Purdy, 4, and Mason Dana, 7, of Lake Worth, sit with gas pipeline protesters outside of Florida Power and Light headquarters on Universe Boulevard in Juno Beach on October 14, 2016. The Sabal Trail Pipeline began supplying FPL’s plants in June. Groups opposed the pipeline that will start in Alabama and bring fracked gas through several counties in Florida’s springs and wetlands. (Richard Graulich / The Palm Beach Post)

Sad for FPL, Duke, Spectra, and all the other pipeline-building purveyors of fracked methane, maybe, but glad for all the landowners whose land was taken, local citizens who don’t want a 500+-mile IED next to their homes, schools, and waterways, and all people who want clean sun and wind energy, not more polluting fossil fuels.

It’s good the industry press agrees with what I told the VDT: “This is wind in our sails and could be the end of Sabal Trail.”

Here’s a news roundup, in addition to Continue reading