Tag Archives: FERC

Need Show Cause for NFE Miami LNG, Strom LNG, etc. –WWALS to FERC 2021-07-30

I wondered why we were suddenly getting media inquiries about a letter WWALS sent to FERC two weeks ago. Yesterday FERC got around to posting it. Weirdly for a letter about Florida, in the docket for a Puerto Rico Liquid Natural Gas (LNG) facility. Well, we did cite FERC’s March 2021 Order in that docket as a precedent.

Interestingly, it’s marked:
Non-decisional: No

Does that mean FERC is willing to entertain what we asked? Send SHOW CAUSE letters to all five Florida facilities? Or revoke FERC’s 2015 abdication of oversight over inland LNG export facilities?

As the letter says, we are not fans of FERC. But no FERC environmental oversight turns out to be worse than FERC.

WWALS to FERC 2021-07-30

Accession Number 20210817-4000 as “Comments of WWALS Watershed Coalition re NFE Miami LNG under CP20-466.”

The letter references the 2015 FERC decision that it did not have jurisdiction over inland LNG facilities. That decision is Pivotal LNG, Inc., 151 FERC ¶ 61,006, (2 April 2015). Then-Commissioner Norman Bay dissented, writing in part:

Here, the majority acknowledges that “liquefaction facilities operated by Pivotal and its affiliate … [will] produce liquefied natural gas that [will] ultimately be exported to foreign nations by a third party” and that such foreign sales must be made pursuant to an export license from DOE.5 There can be little doubt, therefore, that the facilities will be involved in the “exportation of natural gas in foreign commerce.”

Until FERC revokes that 2015 abdication of oversight over inland LNG export facilities, the least it can do is to send SHOW CAUSE orders to each such facility demanding to know why it should not be under FERC oversight.

[Need Show Cause; Map of LNG export operations]
Need Show Cause; Map of LNG export operations

Incidentally, FERC Hotline Support replied about Nathaniel Davis: “He no longer works at FERC.” I had to forward the letter to Janel Burdick, the Deputy Director, Office of Enforcement, who is now also Acting Director. Does anybody know what happened to cause that personnel change at FERC? Continue reading

Ghost company: Strom LNG

A ghost company with no assets, not even an office or the land it claims for its Liquid Natural Gas (LNG) liquefaction facility, no investment, and no business partners. What reporters from Tampa Bay Times found was even worse than what what we found by attending a Port Tampa Bay board meeting: Port Tampa Bay has no agreement with Strom, and wants none. The reporters’ findings take us back to 2014.

Strom Inc. previously listed an Ybor City building as its physical location, which it no longer occupies. Pictured is the building. [ MALENA CAROLLO | Tampa Bay Times ]
Strom Inc. previously listed an Ybor City building as its physical location, which it no longer occupies. Pictured is the building. [ MALENA CAROLLO | Tampa Bay Times ]

Malena Carollo and Jay Cridlin, Tampa Bay Times, 20 July 2021, A company asked to ship gas through Tampa’s port. Then it ‘disappeared.’
A plan to transport liquefied natural gas from Citrus County to Tampa has activists concerned — even though details are scant.

The Tampa Port Authority’s June board meeting started like always, with a prayer and the Pledge of Allegiance. Then came the call for public comments.

Most port board meetings feature one or two speakers, if any. This one had nine, queued up both on Zoom and in person. All had the same concern: An April report to the U.S. Department of Energy filed by a fuel company called Strom Inc.

Seven years ago, Strom obtained a license from the federal government and has quietly pursued a plan to move a fuel called “liquified natural gas,” or LNG, from a 174-acre facility in Crystal River to one of Florida’s ports via truck or train. Its April report indicated that Port Tampa Bay has tentatively agreed to be its choice.

The fuel is a form of natural gas that is cooled to become a liquid. It is most often used in countries that don’t have infrastructure to extract and transport the gas form of the energy source. Opponents say the fuel can be dangerous to transport, calling rail shipments “bomb trains,” and should bear public discussion before a decision is reached to move it through a city. That’s what prompted the cavalcade of speakers at the port.

Their questions came as a surprise to port leaders, because as one official told the speakers: Port Tampa Bay has no agreement with Strom. It is not negotiating with Strom. And it has no plans to export liquefied natural gas of any kind.

In fact, much of the information Strom has provided to the federal government about its efforts to produce and export liquefied natural gas, the Tampa Bay Times found, is outdated by years.

Not only does Strom have no agreement with Port Tampa Bay, it has no investors or outside backing, no natural gas supplier and does not own the Crystal River property on which it told the Department of Energy it plans to start building a production facility this year.

“It’s kind of like a ghost company,” said Don Taylor, president of the Economic Development Authority for Citrus County, who years ago worked with Strom as the company pursued economic incentives to build in Crystal River. “They just kind of disappeared, and we never heard from them again.”

There’s much more detail in the article, which is well worth reading.

The reporters even got a response out of the head of Strom, Inc.:

In an email to the Tampa Bay Times, Dean Wallace, Strom’s president and co-founder of its parent company, Glauben Besitz, LLC, called the discrepancies in its Department of Energy filings Continue reading

Port Tampa Bay has no agreement with Strom LNG, and wants none 2021-06-15

Update 2021-07-21: Ghost company: Strom LNG.

The many speakers against Strom, Inc. exporting LNG through Port Tampa Bay were heard at the Port board meeting yesterday morning. Port staff misunderstood Strom’s filing, but the Principal Counsel made a very strong statement against that or other LNG export or import through Port Tampa Bay.

[Strom, Port Tampa Bay, Attorney and CEO, Panelists]
Strom, Port Tampa Bay, Attorney and CEO, Panelists

In the Port’s own zoom recording, at 01:52:30, Charles E. Klug, Principal Counsel, Port Tampa Bay, said: Continue reading

A month late, yet identical to the last one: Strom LNG Semi-Annual Report to DoE FE 2021-05-03

Update 2021-06-16: Port Tampa Bay has no agreement with Strom LNG, and wants none 2021-06-15

Why, Strom, were you a month late filing a report, with only the dates changed from the previous one?

[Late Report, Crystal River to Tampa, Cruise ship]
Late Report, Crystal River to Tampa, Cruise ship

Strom has been promising to export via Port of Tampa since at least October 2018, and this filed-in-May semi-annual report for April 2021 to the Department of Energy (DoE) Office of Fossil Energy (FE) still says: “Strom has reached a tentative agreement with the Port of Tampa in Tampa Florida, for long-term leases for shipping of LNG.”

Tomorrow morning, the Port Tampa Bay Board meets, 9:30-11:30 AM, Tuesday, June 15, 2021, both in person at Cruise Terminal 3, and via zoom. You can sign up to make a public comment, if you’re rather not have Liquid Natural Gas (LNG) tankers loading next to cruise ships, or LNG trucking down public highways past hospitals, schools, and businesses to get there.

Still in this late April Strom report, added last time for October 2020, is this: “Additionally, Strom, Inc. is actively in early stage negotiations with a third-party entity regarding a reverse-merger and anticipate filing a report upon completion.”

There’s still no information about who those backers are. Maybe you’d like to ask the Port Tampa Bay Board about that. Continue reading

FERC gets inland LNG half right, for Puerto Rico, and maybe more soon 2021-03-18

FERC actually told New Fortress Energy (NFE) it has 180 days to file an application for authorization to operate its Puerto Rico liquid natural gas (LNG) facility. I’m happy to admit I did not expect this.

[FERC Order and WWALS LNG facilty map]
FERC Order and WWALS LNG facilty map

Yet FERC failed to tell NFE to shut down meanwhile: “We also find that allowing operation of the facility to continue during the pendency of an application is in the public interest.” Translation: it would cost a fossil fuel company income.

But the best part is in a concurring letter. Continue reading

FERC listening sessions, Office of Public Participation 2021-03-17

The first of these is today at 1PM: “listening sessions” about the formation of FERC’s new Office of Public Participation (OPP). They are voice dial-in only.

[Sabal Trail pipeline gouging, FERC Office of Public Participation]
Sabal Trail pipeline gouging, FERC Office of Public Participation

Here is the invitation the Federal Energy Regulatory Commission sent on March 9, 2021: Continue reading

WWALS thanks FERC for confirming that NFE never asked and FERC never inquired about oversight of Miami LNG facility 2020-12-31

FERC took more than two months to admit New Fortress Energy never asked FERC to say it had no oversight of NFE’s Miami LNG facility, and FERC never inquired.

So, is that facility operating illegally?

[WWALS letter and FERC 404]
WWALS letter and FERC 404


December 31, 2020

Cc: Toyia Johnson
FERC FOIA Public Liaison
foia-ceii@ferc.gov
202-502-6088

To: Ms. Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, DC 20426
kimberly.bose@ferc.gov

Re: FERC response of December 8, 2020 to WWALS Freedom of Information Act Request, FERC FOIA No. FY21-04 or FOIA-2021-4, about New Fortress Energy, Miami, Florida, for copy of PETITION FOR DECLARATORY ORDER or ORDER TO SHOW CAUSE, as well as any responses to either and any records of meetings between FERC and NFE about that Miami facility

Dear Ms. Bose and Ms. Johnson:

Thank you for your response of December 8, 2020, to the WWALS FOIA request of October 12, 2020. Per request from FOIA Public Liaison Toyia Johnson in her cover email to which that FERC response was attached, this letter is confirmation that I did receive that response.

Thank you for confirming that FERC has no PETITION FOR DECLARATORY ORDER from New Fortress Energy (NFE) about its Miami Liquid Natural Gas (LNG) facility, and FERC sent no ORDER TO SHOW CAUSE about that facility, as well as confirming that FERC has no correspondence nor records of meetings with NFE about that facility

We conclude that because your letter of December 8, 2020, says:

“The search of the Commission’s non-public files identified no documents responsive to your request.”

In addition, in her email communication of November 25, 2020, FERC FOIA Liaison Toyia Johnson wrote: Continue reading

Strom LNG reports late to FE: reverse merger expected 2020-11-01

Update 2021-04-04: Late again: Strom Inc. semi-annual report to DoE FE about Crystal River LNG 2021-04-04.

Apparently Strom Inc. of the long-touted future LNG export operation in Crystal River, Florida, thinks some public company is so desperate for cash that it will let Strom take over its board for money.

“Additionally, Strom, Inc. is actively in early stage negotiations with a third-party entity regarding a reverse-merger and anticipate filing a report upon completion.”

What money? From a “term-sheet agreement” from un-named financiers that Strom has been claiming since at least April 2020. Lots of big talk, little LNG export action. Which is good news for Crystal River and Tampa, since the most likely export route for Strom would be by truck to Port of Tampa.

[Report, Map]
Report, Map

Strom also has big plans for exporting to “China, Latin America, and several Caribbean countries.”

“Specifically, Strom has received specific interest from LNG users in the Bahamas, China, Belize, Panama, Mexico, Dominican Republic, Honduras and is pursuing all qualified leads. These requests for LNG will far exceed Strom’s authorized capacity, and we will explore our options as we execute agreements. In accordance with Ordering Paragraph D of the Order, Strom will file any such long—term contracts with the DOE/FE following their execution.”

Specifically, interest is not a contract.

This is interesting:

“Strom has secured certain preliminary agreements for equipment and has selected AECOM to fill the role of our EPCM for the Project. AECOM is well versed in Oil and Gas and has been involved in a myriad of FERC approved Oil and Gas projects.”

Yes, AECOM was involved in for instance Elba Island LNG in Georgia.

But Strom LNG in Crystal River, FL, is not a FERC-approved project. Back in 2014 when Strom still planned to locate in Starke, FL, Strom filed with FERC for a Notice of Petition for Declaratory Order re Strom, Inc. under CP14-121. But FERC dismissed that request for lack of fee payment. No other FERC docket for Strom has appeared, so apparently Strom has neither FERC approval nor a declaratory order for Strom’s “mobile liquefaction unit be eligible to export LNG with exemption from FERC’s jurisdiction under the Natural Gas Act.”

As usual, Strom’s report was late. At least, unlike most of its earlier reports, it arrived before a WWALS member had to ask FE where it was.

Strom, Inc., Semi-Annual Report for October 2020

Here’s is Strom’s report, for FE Docket # 14-56-LNG, Order No. 3537. See also the PDF. Continue reading

Extended two weeks: WWALS FOIA to FERC on NFE Miami LNG export 2020-11-23

At 5:46 PM on their last day, FERC did respond to our FOIA about the NFE Miami LNG facility. But only to say FERC is self-extending its deadline another two weeks. It’s already eight weeks since our initial FOIA about that Miami facility, which FERC confused with Puerto Rico. What’s taking so long, FERC?

FERC’s excuse? “We have determined that in order to respond to your request, Commission staff must consult with other components of the agency having substantial subject-matter interest therein.”

[NFE operations, FERC needs to consult]
NFE operations, FERC needs to consult

Well, if the Federal Energy Regulatory Commission (FERC) can’t find a SHOW CAUSE ORDER to New Fortress Energy about NFE’s Miami LNG facility, apparently there is no such ORDER, because according to a law FERC cited in its latest response, any ORDERs that exist must be published electronically for everyone to see.

So what is FERC having such a hard time finding? Maybe a “PETITION FOR DECLARATORY ORDER filed by New Fortress Energy, Miami, Florida”? Maybe because none was ever filed? Or maybe records of meetings or correspondance between FERC and NFE about the Miami facility?

It’s already been eight weeks since our initial FOIA, six weeks after we sent an expanded FOIA, four weeks after FERC “accepted” that FOIA, and more than two weeks after FERC informed WWALS of that “acceptance.” Why the delaying tactics, FERC?

Here’s a timeline so far: Continue reading

Accepted: WWALS FOIA to FERC on NFE Miami LNG export 2020-11-05

Update 2020-11-24: Extended two weeks: WWALS FOIA to FERC on NFE Miami LNG export 2020-11-23.

More than three weeks after we sent it, FERC acknowledged that the WWALS FOIA about the Miami LNG facility was “accepted” two weeks earlier, more than a week after we sent it.

We shall see whether the Federal Energy Regulatory Commission (FERC) has learned that Miami is not Puerto Rico. And whether FERC will follow the precedent it sent about Puerto Rico and send New Fortress Energy (NFE) a SHOW CAUSE Order for why NFE did not send a “Petition for Declaratory Orders” about the NFE Miami LNG facility. FERC has the power to shut down an LNG facility after the fact, for not following the law.

Meanwhile, FERC did not just refuse the FOIA request on its flimsy grounds of “non-jurisdiction.” See the WWALS FOIA request for more about that.

[FERC 404]
FERC 404
What you get if you follow the FOIA Public Liaison’s link to FERC’s FOIA request submission page.

Here is the “accepted” email: Continue reading