Tag Archives: DC Circuit Court

Sabal Trail is shut down while DC Circuit Court delays again 2018-03-08

Sabal Trail is already shut down, while the DC Circuit Court delays its mandate to shut it down.

This month 2018-03-01 - 2018-03-09, Graphs
This month 2018-03-01 – 2018-03-09: Graphs by WWALS from Sabal Trail’s own FERC-required Informational postings.

Here’s the problem:

Courts rarely block pipelines, even if regulators are found to have fallen short of the National Environmental Policy Act, and they have never halted a pipeline for inadequate climate review.

It’s long past time to get the clammy grip of fossil fuels off not only Congress and the agencies, but also off the courts.

Ellen M. Gilmer, E&E News, 8 March 2018, Shutdown averted for Sabal Trail pipeline, Continue reading →

FERC inadvertently clears path for renewable energy via storage 2018-02-15

FERC just let slip the wolves of sun and wind by enabling the storage that those sunny twenty-first-century “aggregated distributed energy resources” (DER) will use to blow down the straw houses of traditional twentieth-century so-called baseload capacity coal, oil, and nuclear power plants.

FERC Commissioner Robert F. Powelson called out the “participation model” Thursday’s twin orders enable, bypassing many traditional charges by accounting for physical characteristics that do not change over time, recognizing that batteries, sun, and wind power are basically different from old-style dinosaur power plants. Commissioner Neil Chatterjee named Senators Ed Markey and Sheldon Whitehouse as proponents of these new rules, which is very interesting since both have long been proponents of renewable energy, and Sen. Whitehouse called out FERC for failing to implement the DC Circuit Court’s Order on greenhouse gases. Commissioner Cheryl A. LaFleur said “Electric storage is like a ‘Swiss army knife’”. Maybe more like the South Australian storage utility player that has already out-responded natural gas during coal plant outages. Commissioner Richard Glick says sun and wind power “no less than energy storage, have the potential to play a leading role in the electric grid of the future”. None of the Commissioners could bring themselves to say what they all know: sun, wind, water power with storage will be the electric grid of the future. Former FERC Chair Jon Wellinghoff and I were right in 2013: solar power will provide more U.S. electricity than any other source by 2023, on the way to complete conversion of everything to sun, wind, water, and storage by 2050.

Frequency response of Tesla South Australian battery
Giles Parkinson, Reneweconomy, 23 January 2018, Tesla big battery moves from show-boating to money-making.

Gavin Bade, UtilityDive, Feb. 15, 2018, FERC issues storage, reliability orders, calls conference on aggregated DERs, Continue reading →

FERC cry of wolf delays mandate from DC Circuit Court 2018-01-07 2018-02-07

Court mandate delayed because of FERC crying wolf, even though Sabal Trail has been shut down most of the past six, now seven weeks. So the three little pigs get a temporary reprieve from the Big Bad Wolf of sun and wind power.

Gavin Bade, E&E News, Feb. 8, 2018, Court filings stave off Sabal Trail pipeline shutdown, for now,

But Wednesday came and went this week with no word from the court.

E&E reports that may be because judges need time to consider some last-minute filings in the case.

What are FERC and Sabal Trail so scared of? The wind and the sun:

‘Then I’ll huff, and I’ll puff, and I’ll blow your house in.’

So he huffed, and he puffed, and he blew his house in, and ate up the little pig.

Illustration In English Fairy Tales, Jacobs, J., 1895, via Boston Public Library, Three Little Pigs
Illustration for The Story of the Three Little Pigs, in English Fairy Tales, Joseph Jacobs, 1895 New York: Grosset & Dunlap (2nd edition?) Boston Public Library.

For the entire four years since the Sabal Trail pipeline was first announced in 2013, renewable energy has produced more new U.S. energy than natural gas, according to FERC’s own Office of Energy Projects Energy Infrastructure Update For December 2017. Those are the wolves Continue reading →

FERC cries wolf for Sabal Trail to DC Circuit Court 2018-01-06 2018-02-06

Update 2018-02-08: FERC cry of wolf delays mandate from DC Circuit Court 2018-01-07 2018-02-07.

Instead of answering Sabal Trail’s Friday cry of wolf by issuing new certificates yesterday, FERC instead took that cry to the DC Circuit Court, asking for a delay of today’s issue of a mandate.

FERC did not issue new certificates yesterday, and the Court did not issue a mandate today. Of course, today was merely the first day the Court could have issued a mandate, so we’ll see.

Don’t listen to FERC and Sabal Trail’s cries of wolf, Court! What’s really eating their pipelines is solar and wind power taking over the market.

Illustration by Francis Barlow Aesop's fable The Boy who Cried Wolf, called by him DE PASTORIS PUERO ET AGRICOLIS, 1687
The illustration by Francis Barlow Aesop’s fable “The Boy who Cried Wolf”, called by him DE PASTORIS PUERO ET AGRICOLIS, 1687

For the fourth year running, renewable energy has produced more new U.S. energy than natural gas, according to FERC’s own Office of Energy Projects Energy Infrastructure Update For December 2017. Four years means ever since the Sabal Trail pipeline was first announced in 2013. Those are the wolves after those poor pipeline Applicants: solar and wind power.

Gavin Bade, Utility Dive, Feb. 6, 2018, FERC asks DC Circuit to delay issuing order to halt Sabal Trail pipeline, Continue reading →

Emergency! Cries Sabal Trail 2018-02-02

Desperately seeking loopholes, at 4:58 PM today on a Friday, Sabal Trail claimed “Applicants would face irreparable financial harm,” which is pretty rich for the company that stuck the Bell Brothers with $47,000 in Sabal Trail legal fees for fighting eminent domain from that same FERC certificate the DC Circuit Court is likely to void next week.

Emergency,

It wants to “avoid the irreparable impacts of a system shutdown,” says the company that destroyed world-record-holding soybean farmer Randy Dowdy’s soybean fields. As Randy Dowdy said last May, and Sabal Trail’s own reports then say they have done nothing to correct:

“We’ve got loss of production for the future that will take not my lifetime, Continue reading →

FERC Chairman running scared of pipeline opposition

Especially scared of Sierra Club’s DC Circuit Court win against FERC and Sabal Trail. He said the “sea change” in sophistication of the opposition reminded him of the No Nukes movement of the 1970s and 1980s. Maybe he forgets: we won! And solar and wind power are already winning against pipelines.

John Siciliano, 30 November 2017, Washington Examiner, FERC chairman takes a break from discussing coal plan to slam pipeline protesters,

FERC Chair Neil Chatterjee

There has been a “sea change in the identity, volume and goals of stakeholders participating in our proceedings, as well as in the nature and tone of the rhetoric of those who oppose pipeline projects.”

Adding to the national activist groups are the Continue reading →