Tag Archives: Florida Southeast Connection

Riverkeepers seek attorney’s fees for legal victory against FERC and Sabal Trail 2019-02-04

Some good news! Not only did Flint Riverkeeper, Chattahoochee Riverkeeper, and Sierra Club win a historic landmark victory against Sabal Trail and FERC in August 2017, affecting all FERC pipeline and LNG export dockets ongoing: the Riverkeepers are entitled to attorneys fees!

Application and Argument, Letter

Despite FERC’s attempt to weasel out by trying to claim that case was not and “adversary adjudication.”, the Riverkeepers seek recovery of attorney’s fees in the amount of $192,437.42.

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

You can join this fun and work by becoming a WWALS member today!

The Riverkeepers letter

Filed with FERC 4 February 2019 as Continue reading →

Sabal Trail still can’t keep the gas flowing 2019-01-10

Like last winter, Sabal Trail can’t keep the gas flowing during the dead of winter, the only time Florida might need heating.

All: 201710, Graphs

This data is from Sabal Trail’s Informational Postings, which are required by the Federal Energy Regulatory Commission (FERC).

As you can see by the numbers on Sabal Trail’s current map, even at the other stations it is shipping less than half (393) of its currently stated capacity (813). At Reunion, even the capacity is lower (711), and the amount shipped (Nom) is a sixth of that. Continue reading →

Spectra responds in pipeline certificate rulemaking 2018-08-24

As we’ve seen so often in the Sabal Trail docket, Spectra seems to be acting in place of FERC, responding yesterday to thousands of comments on FERC’s certificate rulemaking.

Spectra’s bottom line: a pipeline company’s bottom line matters more than the Fifth Amendment due process, or water, air, or safety. See page 25:

Contrary to some commenters’ arguments, the Commission’s public interest determinations are not rendered insufficient under the Fifth Amendment public use requirement because the Commission considers precedent agreements among applicants and affiliates to be evidence of public benefits.

Spectra repeatedly argues that FERC does not have authority to consider hardly anything other than whether the pipeline company has customers, yet FERC has authority to give eminent domain to private corporations and to let them gouge through our lands and under our rivers without local agreement or payment first.

Page 9: Tolling Orders, Pages

In this election year, you can ask every candidate for statehouse or Congress whether they support 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 →

Benefits must outweigh harms –WWALS to FERC Re: Pipeline Certification NOI 2018-07-25

Here’s the WWALS response to FERC’s Notice of Inquiry (NOI) about “Certification of New Interstate Natural Gas Facilities”. A few excerpts:

FERC should approve no more pipelines without comparing not just coal plants to natural gas plants, but also comparing sun and wind power. If that means no more pipelines, so be it….

In one of the most egregious cases, Sabal Trail commenced construction on the land of the Bell Brothers in Mitchell County, Georgia, and when they countersued, Continue reading →

FERC and Sabal Trail admit Sierra Club won 2018-07-03

One week after losing a jury trial in the U.S. Middle District Court of Georgia, the Sabal Trail fracked methane pipeline and its purveyor of federal eminent domain, the Federal Energy Regulatory Commission (FERC), declined to appeal their huge DC District Court loss of last August.

Sierra Club, Press Release, 3 July 2018, Fracked Gas Pipeline Company and Federal Regulator Will Not Seek Supreme Court Review of Landmark Ruling: Existing Decision Means FERC Must Consider Downstream Greenhouse Gas Emissions,

WASHINGTON, D.C. — Neither the builders of the fracked gas Sabal Trail Pipeline nor the Federal Energy Regulatory Commission (FERC) will ask the Supreme Court to review a landmark ruling by the U.S. Court of Appeals for the District of Columbia Circuit from last year. That decision required FERC to consider the effects of downstream greenhouse gases when deciding whether to approve proposed pipelines that transport gas.

In response, Sierra Club Staff Attorney Elly Benson released the following statement:

Elly Benson, Sierra Club Attorney
Elly Benson, Sierra Club Staff Attorney

“We are glad to see FERC accept its responsibility to consider greenhouse gas emissions from burning transported gas at downstream power plants. These dirty, dangerous, and unnecessary pipelines pose a threat to our communities and climate. They should not be proposed, much less built, at a time when clean, renewable energy sources are abundant and affordable. We will continue to monitor the pipeline permitting process to ensure the law is followed.”

The pipeline industry press was not thrilled. Charlie Passut, Natural Gas Intelligence, 5 July 2018, FERC Declines to Appeal Landmark GHG Case to Supreme Court, 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 →

Sabal Trail troubled that the experts were right

“Without the certificate,
they cannot operate.”
—John S. Quarterman
of WWALS

Protesters turned out in St. Pete last year, and now a reporter from Tampa posts an update on double-sad news for Sabal Trail (I’ve added links).

Carmella Guiol, Kate Bradshaw, Creative Loafing Tampa Bay, 15 Feb 2018, The experts were right: Troubles for the Sabal Trail pipeline: They warned us — correctly — about the pipeline’s dangers to the environment. ,

For years, environmentalists warned against constructing the Sabal Trail pipeline. Yet construction wore on, and the controversial natural gas conduit is functional — for now.

Photo: Terrence Smith. : TOLD YA SO: In St. Petersburg, protesters railed against the controversial project in 2017.
Photo: Terrence Smith. TOLD YA SO: In St. Petersburg, protesters railed against the controversial project in 2017.

The 515-mile pipeline snakes from Alabama to central Florida, and when it’s running, it brings natural gas (mined using the process of fracking) to power plants in the Sunshine State, where it generates energy that power companies sell to customers. The $3.5 billion project is a joint venture between Enbridge, NextEra Energy and Duke Energy Corporation, which make up the group Sabal Trail LLC.

The Sierra Club sued over that last one, but despite Continue reading →

FERC rubberstamps FSEIS, FPL backstops, GA Rep Debbie Buckner and Sierra Club object 2018-02-05

In less than three hours since I submitted the WWALS motion to deny Sabal Trail’s sketchy request for emergency certificates, four more major filings appeared: FERC rubberstamped a Final Supplemental Environmental Impact Statement (FSEIS), FPL cheered on the so-called emergency request, Georgia State Rep. Debbie Buckner objected, and Sierra Club objected. Sabal Trail said it best:

The Commission should decline the Applicants’ invitation to subvert the Court’s determination that the Project cannot operate pending compliance with NEPA.

Cover page, FSEIS

FERC rubberstamps Final Supplemental Environmental Impact Statement (FSEIS)

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 →