Tag Archives: New Fortress Energy

Federal Railroad Administration 281-page FOIA response on FECR LNG by Rail request 2024-06-07

Update 2024-07-01: LNG by Rail on FECR through Martin County, according to FRA –Cecile Scofield to Martin County, FL BOCC 2024-06-18.

For years we’ve been trying to FOIA information from FRA about FECR’s project to ship liquid natural gas (LNG) by rail through densely-populated areas. After four months, two FOIAs, and further correspondence, we finally got quite a bit.

It confirms in detail much of what Cecile Scofield has been saying for years. LNG liquefaction plants and the railroad are owned by the same company, and there are safety concerns about their plan to ship LNG by rail up and down Florida to export to the world and by land across the U.S.

Yet many important safety details were redacted.

[Fortress Investment Group (FIG) affiliates exporting LNG to the world: Florida East Coast Railway (FECR) and New Fortress Energy (NFE)]
Fortress Investment Group (FIG) affiliates exporting LNG to the world: Florida East Coast Railway (FECR) and New Fortress Energy (NFE)

FECR’s plan is to ship LNG up and down Florida, out through ports from Miami to Jacksonville, and to ship it all over the U.S. Continue reading →

FERC must close regulatory gaps in small-scale inland LNG export facilities –Cecile Scofield 2022-08-11

Update 2022-09-19: Comment on FERC LNG Export Rulemaking with Florida Physicians for Social Responsibility 2022-09-20.

Update 2022-09-13: One week left to comment on FERC LNG Rulemaking, deadline 2022-09-20.

Should citizens be expected to pay $33,690 to file a Petition for Declaratory Order just to get FERC to oversee LNG facilities like the law says they should?

Cecile Scofield details many other problems FERC created back in 2014 and 2015 when it abdicated oversight of Liquid Natural Gas (LNG) export facilities that do not load directly onto onceangoing tanker ships.

[Flaws in FERC's reasoning; citizens cannot be expected to police LNG]
Flaws in FERC’s reasoning; citizens cannot be expected to police LNG

You can also file comments on FERC Rulemakeing for small inland LNG export facilities, started at the request of WWALS et. al. Your comments do not have to be as elaborate as Cecile’s, and you have until September 20, 2022.

Your organization could also intervene on FERC Docket RM22-21, as two organizations have done: Public Citizen and Food and Water Watch.

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

You can join this fun and work by becoming a WWALS member today!
https://wwals.net/donations/

FERC Accession Number 20220811-5068 in FERC Docket RM22-21, SMALL-SCALE INLAND LNG EXPORT FACILITIES: FERC MUST CLOSE REGULATORY GAPS (see also PDF)

Purpose of Petition for Rulemaking:

The proposed Rulemaking is needed to clear up ambiguity as to Continue reading →

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 →

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 →

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 →

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 →

FOIA to FERC on NFE Miami LNG export, not Puerto Rico 2020-09-28

Update 2020-11-09: FERC “accepted” our FOIA request a week later, and got around to telling us two more weeks later.

FERC can’t seem to tell Miami from Puerto Rico. So we’ve reminded them, and we’re waiting for a response to our second FOIA about NFE’s Miami LNG operation. Two weeks we’ve been waiting.

[Miami, not Puerto Rico]
Miami, not Puerto Rico

Meanwhile, I went and voted for some people who, if elected, might help make the Federal Energy Regulatory Commission (FERC) accountable. You can, too. As an IRS 501(c)(3) nonprofit environmental charity, WWALS cannot tell you who to vote for. But we can ask you to go vote for people who will stop LNG and stop this sort of bureaucratic runaround.

Seeing FERC’s SHOW CAUSE order to New Fortress Energy (NFE) about NFE’s Puerto Rico Liquid Natural Gas (LNG) operations, we sent FERC a FOIA about any SHOW CAUSE from FERC or PETITION FOR DECLARATORY ORDER from NFE about NFE’s Miami LNG facility, which has been operational for years now with no authorization from FERC and not even a FERC docket.

FERC answered the same day, pointing us to the Puerto Rico SHOW CAUSE. We can only guess they didn’t bother to read as far as the word “Miami” in the Re: header of our September 28, 2020, FOIA letter.

Date: Mon, Sep 28, 2020 at 2:28 PM
Subject: FOLLOW UP – John Quarterman – PETITION FOR DECLARATORY ORDER – SHOW CAUSE ORDER – filed by New Fortress Energy, Miami, Florida

John Quarterman

Please be advised Continue reading →

Extended: PHMSA LNG by rail car exception until 2019-08-07 on 2019-07-09

The only extension request PHMSA admitted to today, as it extended the comment period for a month, was from two members of Congress. That request notes:

If Energy Transport Solutions intends to run 100+ rail tank cars on the Florida East Coast Railway, PHMSA would be placing large swaths of people and critical infrastructure (hospitals, schools, highways, and even the President’s Mar-a-Lago resort) in jeopardy.

[3.3.2 Probability of Delayed Ignition]
3.3.2 Probability of Delayed Ignition

PHMSA also took the opportunity to add an Updated Environmental Assessment (EA), and a Quantitative Risk Analysis (QRA), which is worthless: “The scope of the QRA addresses unit train movements along one example route located in the Northeastern United States.” The QRA has no maps nor any specific identification of populations, schools, hospitals, businesses, nor even identification of which route is the example, nor which other routes might be used for shipping LNG by rail.

This all to me sounds like PHMSA always intended to extend, and to add these less than useful documents.

PHMSA also claims it added “The Energy Transport Solutions, LLC special permit application (in redacted form)” but I can’t find that online, so we still don’t even really know who the applicant is.

Extension Notice

Continue reading →

PHMSA LNG by rail car exception 2019-06-06

Alachua County, New Jersey legislators, WWALS, and the U.S. House of Representatives oppose this PHMSA LNG-by-rail exception, and you can, too.

[Special Permit- Draft-0001]
Special Permit- Draft-0001

PHMSA proposes to authorize LNG in ordinary cryogenic rail cars, in an exception for a subsidiary of the company that owns Hialeah LNG and already sends LNG in containers by rail for export. “In most cases, ETS would expect that the ultimate end-users of this LNG will be foreign generators of power for residential, commercial and industrial purposes,” says the Draft Environmental Assessment. Why should we risk our homes, schools, businesses, hospitals, etc. for private export profit from New Fortress Energy’s Hialeah LNG plant near Miami? Or for a liquefaction plant in Pennsylvania or New Jersey?

PHMSA posted this extension request on June 3rd, and the deadline for comment is this Monday, July 8, 2019. WWALS signed onto an extension request by Physicians for Social Responsibility. You can still send in a copy of that request or other comments by Monday. WWALS will be filing another comment letter, as well.

The only ETS google maps finds in Doral, FL, is Continue reading →