Tag Archives: NFE

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

Titusville LNG denied by PHMSA 2018-10-02

Two years later, PHMSA still lists New Fortress Energy’s Titusville LNG facilty as Denied.

The missing piece in NFE’s application? A “Draft Environmental Assessment (DEA)” with “site drawings, maps, and other supporting documents.”

Funny how when a liquid natural gas (LNG) facility has to submit these things, often it can’t.

With the LNG market overseas cratering, maybe this one will stay dead. But we must keep watch to be sure it does not reappear, zombie-like, right in the middle of Florida’s Atlantic coast, able to ship by truck and rail as far as Jacksonville and Miami, as well as overseas.

[LNG--TITUSVILLE--PHMSA--LETTER-DENYING-APPLICATION--10.02.18-0001]
LNG–TITUSVILLE–PHMSA–LETTER-DENYING-APPLICATION–10.02.18-0001
PDF

The denial letter is 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