Tag Archives: FERC

How Florida can pick up slack from FERC shirking its LNG oversight duties –Cecile Scofield in TCPalm 2020-01-15

Longtime WWALS member Cecile Scofield in TCPalm, January 15, 2020, Liquified natural gas needs regulation in Florida,

You and a friend decide to go into business together. You draft your business plan and delineate each person’s responsibilities for the operation. But what happens if one of you decides to shirk your assigned duties? Your business venture will be doomed to failure.

[WWALS LNG Export Map]
WWALS LNG Export Map
PDF

This is exactly what has happened with regulating a new breed of inland Liquefied Natural Gas export facilities in Florida. A Memorandum of Understanding between the Federal Energy Regulatory Commission (FERC) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) outlines each agency’s role in exercising regulatory authority over the siting, design, construction, operation, maintenance, and expansion of LNG facilities. See https://tinyurl.com/tdhxazn.

LNG facilities are regulated, in part, by Continue reading

Rights to Clean Water, Air, and Land

Update 2021-06-15: Right to Clean Water, and four more Florida ballot initiatives 2021-05-20.

Update 2021-02: New York State Environmental Rights Amendment for November 2021 ballot: “Each person shall have a right to clean air and water, and a healthful environment.”

See also the 1972 Montana precedent.

Update 2021-02-24: The regulatory trap at SRWMD: 30 speakers, yet unanimous Nestlé permit 2021-02-23.

Update 2021-01-31: Green Amendment Passes in the New York State Legislature.

Update 2021-01-22: Orange County, Florida (home of Orlando) passed a Bill of Rights for Nature, becoming the most populous local government area in the U.S. to do so; see below.

Does it seem most of the agencies, laws, and rules are rigged for big corporations and against local private property rights, against local fishing, swimming, boating, and hunting, and against organizations like Riverkeepers and Waterkeepers?

[Sabal Trail fracked methane pipeline, titanium mine too near Okefenokee Swamp, Suwannee River Basin]
Sabal Trail fracked methane pipeline, titanium mine too near Okefenokee Swamp, Suwannee River Basin.
See also WWALS map of all public landings in the Suwannee River Basin.

One approach to change that is a Bill of Rights for Nature (BOR), to change the legal structure so rivers, swamps, aquifers, lakes, etc. presumptively have rights that corporations have to prove they are not violating. There are at least three ways to do this: personhood for a waterbody, a Bill of Rights for Nature spelling out specific rights such as to exist and to flow unpolluted, or human rights to clean air and water, commonly known as a Green Amendment.

Examples

First, here are some examples of why rights of nature would be useful.

Example: a titanium strip mine proposed too near the Okefenokee Swamp

For example, Suwannee Riverkeeper is helping oppose a company that wants to mine titanium within three miles of the Okefenokee Swamp, which is the headwaters of the Suwannee and St. Mary’s Rivers, and above the Floridan Aquifer, from which all of south Georgia and north Florida drinks.

[Tribal Grounds west along GA 94 to TPM equipment, 12:38:38, 30.5257540, -82.0411100]
Tribal Grounds west along GA 94 to TPM equipment, 12:38:38.
Photo: John S. Quarterman for WWALS, on Southwings flight, pilot Allen Nodorft, 2019-10-05.

We shouldn’t have to get more than 20,000 60,000 comments sent to the U.S. Army Corps of Engineers pointing out that the Okefenokee National Wildlife Refuge contributes far more jobs (700+) and other economic benefits (more than $60 million/year) to the region and to Florida and Georgia than even the wildest promises of the miners (150-200 as in the application? 300? 350, as they told some reporters?), and the mine would risk all that, including boating, fishing, and birding in the Swamp and hunting around it. We should be able to point to the rights of the Swamp, Rivers, and Aquifer, and the miners should have to prove beyond a shadow a doubt that they would not violate them.

Update 2021-01-22: And then the Army Corps abdicated oversight in late 2020, leaving only the State of Georgia standing between the miners and Swamp with their five permit applications to the Georgia Department of Environmental Protection.

[Twin Pines Minerals mine land, maps, Cherokee of Georgia Tribal Grounds]
Twin Pines Minerals mine land, maps, Cherokee of Georgia Tribal Grounds, photographs by Southwings pilot Chris Carmel on a flight for Suwannee Riverkeeper, 2021-01-10.

You can help, by asking the Georgia Governor and other elected and appointed officials to reject or at least thoroughly review those permit applications.

Example: the Sabal Trail fracked methane pipeline

When the Georgia House of Representatives overwhelmingly refused to grant easements for the Sabal Trail fracked methane pipeline to drill under Georgia rivers, Continue reading

AGL pipeline explosion settlement deferred again by GA-PSC for state-wide safety: needs to add LNG 2019-09-19

For more time to examine where gas detectors are needed throughout the state, GA-PSC has again deferred voting on the AGL settlement. As Commissioner Jason Shaw said at the first deferral Tuesday, they want to “make sure that all across the state we can make sure that this type of equipment…” is available.

Plus GA-PSC should take a hard look at AGL subsidiary Pivotal LNG’s Liquid Natural Gas (LNG) liquefaction facilities and truck and train routes from them to Jacksonville, Florida, especially since the Federal Energy Regulatory Commission (FERC) has shirked its oversight duties for inland LNG facilities.

AGL pipeline map, Georgia
Georgia, AGL Pipeline Map, in Homerville, GA pipeline explosion, by John S. Quarterman, 17 August 2018

AGL has pipelines all over the state of Georgia. I don’t know any reason to believe any of them are any safer than the one that goes from my property in Lowndes County to Homerville in Clinch County (and to Moody Air Force Base, to parts of Valdosta, to Ray City in Berrien County, and to Lakeland in Lanier County).

The map above is the newest I could find online. It was last updated in 2008, more than a decade ago. No doubt AGL can provide the PSC with more current mapping data. Maybe the PSC could require AGL to provide an updated map to the public.

The Public Map Viewer by the Pipeline and Hazardous Safety Administration (PHMSA) is no help: it does not include AGL’s distribution pipelines such as the one to Homerville.

PHMSA was sufficiently concerned about the Homerville Coffee Corner explosion that it wrote on AGL’s report to PHMSA: Continue reading

Sabal Trail shakey gas flow and Phase II 2019-06-11

Apparently some people in Albany, GA and Dunnellon, FL were surprised when Sabal Trail a week ago sent FERC “Notice of Commencement of Construction – Phase II Sabal Trail Project Facilities”, which means for the compressor stations in those two locations. But that notice was merely that “bona fide construction activities commenced on May 29, 2019.” FERC rubberstamped Phase II back in January, and Sabal Trail has been reporting on site clearing, gravelling, etc. for months.

[Aerial]
Albany Compressor Station site Aerial from 2019-01-17 STT filing

Meanwhile, Sabal Trail still can’t keep the gas flowing through its stranded asset pipelines. There never was any “need” for that gas in Florida, where Florida Power & Light (FPL)’s customers are stuck with the $4 billion construction bill. While FPL’s parent NextEra Energy never mentions Sabal Trail any more. NextEra brags instead about being a world leader in solar and wind energy.

[All (2017-06-14--2019-06-11)]
All (2017-06-14 — 2019-06-11)

When John Peconom of the Federal Energy Regulatory Commission (FERC) inked that rubberstamp back in January, the schedule was Continue reading

AGL could face millions for blast 2019-04-03

On the front page of the newspaper of record in the biggest city in the Suwannee River Basin, yesterday in the Valdosta Daily Times, is a story by Terry Richards about the GA-PSC report on the AGL pipeline and the August 2018 Homerville, GA explosion that destroyed a coffeeshop and sent three women to the hospital with third-degree burns.

[Front Page]

The VDT did a bit of reporting by contacting AGL and its contractor: Continue reading

Florida Water Conservation Month and Waterkeepers Florida 2019-04-02

Yesterday, the Chair of Waterkeepers Florida received a resolution sponsored by Florida Agriculture Commissioner Nicole “Nikki” Fried and “signed by Governor DeSantis and the full Cabinet, recognizing the month of April as Water Conservation Month in Florida.” This is a good thing, but we should keep our eyes open about Florida’s current cabinet.

[WKA FL Chair, Governor, Cabinet]
Left to right: Lisa Rinaman for WKA FL, unknown, Gov. Ron DeSantis, FDEP Secretary Noah Valenstein, Agriculture Commissioner Nikki Fried, unknown, Attorney General Ashley Moody, and Chief Financial Office Jimmy Patronis.

Commissioner Fried presented the resolution to Lisa Rinaman, the St. Johns Riverkeeper and Chair of Waterkeepers Florida. Read the resolution declaring April as Water Conservation Month here.

“On behalf of Waterkeepers Florida, we thank Commissioner Fried, Governor DeSantis and the Florida Cabinet for designating April as Water Conservation Month. Water conservation is critical to the work we do to protect and restore Florida’s waters. We applaud this resolution and the Cabinet’s commitment to conserving Florida’s waters and the opportunity to partner with our leaders to protect our waters for future generations,” said Lisa Rinaman, St. Johns Riverkeeper.

On St. Johns Riverkeeper’s facebook page, yesterday: Continue reading

GA-PSC report on AGL pipeline and Homerville August 2017 2018 explosion 2019-03-29

Update 2019-04-04: Actually the gas did go through a sewer pipe; AGL didn’t locate or mark that pipe, either. And the GA-PSC report was on the front page yesterday of the newspaper of the largest city in the Suwannee River Basin.

Maybe the gas didn’t go up a sewer pipe to the coffee shop after all. And in its long-awaited report, Pipeline Safety at the Georgia Public Service Commission is not letting AGL hand the blame to its contractors. This recommended fine does not look like the previous slap on the wrist.

[Filed]

GA-PSC says AGL failed to locate and mark its pipeline in use and failed to locate “their abandoned natural gas facility at 107 Courtland Ave.,” which is the address of the Coffee Corner which blew up in August 2017 2018 and sent three women to the hospital with third-degree burns.

The report gets worse:

PROBABLE VIOLATION: AGLC failed to consider the use of a valve to stop the flow of gas, or to check the surrounding buildings and confined areas, during the response to this incident, as required by their procedures.

But those are just in the first two items, which only got a $15,000 recommended fine each. The same $15,000 level of fine is recommended for AGL’s failures to test its personnel for drug or alcohol after the incident.

The big item, with a $2,245,000 fine, is for AGL failing Continue reading

Appeal against pipeline eminent domain to U.S. Supreme Court 2019-03-13

Ain’t that the truth: “The upshot of this is that the pipeline companies get everything they want, and the property owners get nothing.”

[Transco]
Transco

A lasting solution would be to remove private eminent domain from the Natural Gas Act (NGA), as proposed by the Georgia House of Representatives in 2017. Meanwhile, this Writ attempts at least to limit the damage.

[Question]
Question

This Pennsylvania case is about Transcontinental Pipeline Company (Transco), which is also behind the Hillabee Expansion Project in Alabama, the source of Sabal Trail’s fracked methane in the Continue reading

FPL supposedly unrelated pipeline to the sea rolled into FSC with Sabal Trail

FPL’s planned-for-a-decade pipeline to the sea just happens to connect Sabal Trail with an LNG export port. Nevermind that this MR-RV Lateral was never run through the FERC permitting process: FERC rolled it into Florida Southeast Connection.

Susan Salisbury, Palm Beach Post, 10 March 2012 (updated 31 March 2012), FPL proposes 32-mile natural gas pipeline for Riviera Beach plant,

FPL is seeking state approval for a 32-mile natural gas pipeline to provide an uninterrupted supply to Florida Power & Light Co.’s new Riviera Beach plant.

RBEC Lateral in Palm Beach Post 2012
Map: Palm Beach Post, 31 March 2012.

The story said FPL was working with FDEP to determine the final route. It also said:

The project is not related to FPL’s proposed $1.5 billion, 300-mile natural gas pipeline that would have run from Bradford County to Martin County. The Florida Public Service Commission Continue reading

Sabal Trail Phase II: Albany and Dunnellon Compressor Stations 2019-01-17

FERC being short a Commissioner does not stop the rubberstamp machine, this time for the Albany, GA, and Dunnellon, FL, Compressor Stations, both to start construction in May 2019. Sabal Trail requested Phase II in mid-January, and FERC’s John Peconom authorized it by the end of the month.

[Project Location Map]
Project Location Map
PDF

2019-01-17 Request

Continue reading