Tag Archives: SEIS

The illusion of pipeline invincibility is shattered –WWALS Brief to FERC in Sabal Trail Rehearing

Let’s cut to the chase in the letter we filed with FERC yesterday:

11. Historic new circumstances add up

The sun never set on the British Empire. Until it did.

No one circumstance ended that Empire, but it is easy to point at major events that accelerated its demise, such as the independence of India and the Suez Incident. Its fall started after the illusion of its invincibility was shattered by Gandhi’s campaign of civil disobedience and other events such as World War II.

The illusion of invincibility of the inland colonial empire of pipelines has been shattered by recent court orders about the ACP, DAPL, and others, and especially by the shut down of the Dakota Access Pipeline and the shuttering of the Constitution Pipeline and the Atlantic Coast Pipeline. All of those pipelines were expected to be built, and DAPL actually was built before being ordered to shut down and empty. Now the world knows that pipelines are not inevitable.

All these pipeline projects, like Sabal Trail, were opposed by nonviolent protests and political and legal actions. All those methods of opposition, combined with the sea-change in progress to renewable energy, eventually added up to a new and significantly different world than that in which Sabal Trail was permitted or re-permitted.

The shut down of DAPL and the abandonment of ACP as well as the court rejection of tolling orders make it a new world even since FERC’s June 19, 2020, Order granting a rehearing on Sierra Club’s motion.

FERC should initiate a new [Supplemental Environmental Impact Statement] EIS that should take into account Sabal Trail’s own track record of leaks and sinkholes, as well as leaks and accidents from [Liquid Natural Gas] LNG export and LNG transport in rail cars, the speeding demise of fossil fuels as evidenced by record low LNG export prices and bankruptcies of frackers, the court rejections of DAPL, ACP, and tolling orders and how much of Sabal Trail could never have been built through environmental justice communities without tolling orders, the coronavirus pandemic, and the rapid rise of renewable solar, wind, and battery power as evidenced by FPL and Sabal Trail partners Duke and NextEra, as well as by FERC’s own numbers. All of those new and significant circumstances make pipelines such as Sabal Trail toxic stranded assets, dangerous to the bank accounts of their investors, as well as to the environment, justice, and human health.

Conclusion

For the reasons stated above, WWALS asks FERC to grant Sierra Club’s motion for stay of the Commission’s letter order of April 22, 2020, to halt Sabal Trail Phase II, and to commence a Supplemental Environmental Impact Statement (SEIS) taking into account all of the above new and significant circumstances.

[Third-party inspection, recission, stay, SEIS]
Third-party inspection, recission, stay, SEIS

For those who are not familiar with tolling orders, they are basically how, after the Federal Energy Regulatory Commission (FERC) gives federal eminent domain to a private pipeline company, FERC lets that pipeline company take land before any payment to the landowner or even any agreement is reached. Without tolling orders, it’s not clear the FERC will ever get another pipeline built.

Here’s a longer explanation. Continue reading

On Earth Day, FERC approved Sabal Trail Albany, GA, and Dunnellon, FL, compressor stations 2020-04-22

FOR IMMEDIATE RELEASE

FERC on Earth Day rubberstamped Sabal Trail pipeline compressor stations in Georgia virus hotspot and Florida location that already leaked

Hahira, Georgia, April 23, 2020 — “What better way to say they don’t care, than to do this on Earth Day?” said Suwannee Riverkeeper John S. Quarterman, “The Federal Energy Regulatory Commission (FERC) broke out its rubberstamp during a virus pandemic, ignoring its own process, as well as all the comments and our motion against, to approve turning on two compressor stations, including one in Albany, Georgia, which is the Georgia city worst-affected by the virus, and another at a site near Dunnellon, Florida, which already leaked multiple times even before construction started.”

[Project Location Map]
Project Location Map

Methane from fracking is not more important to push through a Sabal Trail pipeline than the health of local people or even Sabal Trail’s own workers.

Compressor Station from FL 200
Photo: WCJB, of Sabal Trail Dunnellon Compressor Station after leak, 2017-08-11.

Quarterman added, “With the price of oil negative and “natural” gas down 40%, it’s time to ask investors if they want to go down with the fossil fuel ship of fools and time to ask politicians if they want this to be their legacy.”

Only four weeks before the FERC approval letter, FERC opened a comment period on a request by Sabal Trail for six more months to finish these same facilities, in which Sabal Trail cited the virus pandemic as a reason. Contradicting its own request, and during that two-week period, Sabal Trail asked FERC to go ahead and approve turning on both compressor stations, which must involve Sabal Trail workers working during pandemic conditions.

FERC did not even mention that WWALS Watershed Coalition (WWALS) had moved to deny, nor any of the numerous other comments against turning on the compressor stations.

For that comment period, FERC required organizations to file again to be Intervenors, and only organizations that were already Intervenors on the process of the underlying FERC docket could do that. The only one to do that was Suwannee Riverkeeper for WWALS (see PDF). WWALS also filed a motion to halt Sabal Trail’s Phase II (which is mostly these two compressor stations), to deny Sabal Trail’s request to turn the compressor stations on, and to invoke penalties for already being two years late (see PDF). WWALS reasons to deny included repeated previous leaks at the Dunnellon Compressor Station of hazardous Mercaptan odorant, as well as leaks of methane at the Hildreth Compressor Station in Suwannee County, Florida, plus sinkholes at the Flint River near the Albany Compressor Station, the virus pandemic, and Sabal Trail gas going to private profit through Liquid Natural Gas (LNG) export, making a mockery of local landowners having to give up easements through federal eminent domain supposedly for the public good of the United States.

WWALS also noted that the only “justification” for Sabal Trail was alleged “market need,” and there was none any more, since oil and gas prices had dropped through the floor. Since then, oil prices actually went negative for the first time in history, and natural gas prices are down more than 40% from only six months ago.

FERC did not address the concerns raised by Our Santa Fe River (OSFR) about leaks, breach of commitment, and endangering commmunities Continue reading

Profit is not an emergency; Sabal Trail is crying wolf 2016-02-05

Profit is not an emergency, say landowners to FERC:

Sabal Trail hopes to cry wolf to get relief. No Emergency exists to warrant the relief they seek. No shortage or national energy crisis exists to warrant the relief that they seek.

Like WWALS and Sierra Club, GBA Associates point out the pipeline has been shut down much of the past six weeks. Like Sierra Club, the landowners cite federal law that requires at least thirty days after an Environmental Impact Statement (EIS) before issuing certificates, referring to the so-called Final Supplemental Environmental Impact Statement (FSEIS) FERC filed yesterday after the WWALS motion to deny the Applicants’ cry of wolf.

Attorney Jonathan P. Waters cuts to the chase:

As the Circuit Court stated, “All of these pipelines, of course, are being built for a reason: to make a profit for their shareholders, and their shareholders’ shareholders.” This is the fact driving the Sabal motion.

Style, Letter

Less than two weeks ago, Sabal Trail partner and thus Applicant for the so-called “emergency” relief, Spectra Energy’s new owner Enbridge Energy of Alberta, Canada, told its shareholders and the public in a Quarterly Earnings Call that Enbridge is “the leading developer and operator of wind, solar, and battery storage projects.” While praising solar and wind power at length, that Earnings Call mentioned Sabal Trail only once, yet managed to contradict the public record twice in that one sentence.

Clearly FERC would be doing a favor to Enbridge’s shareholders by Continue reading

Motion to reject FERC DSEIS, to take Sabal Trail out of service, and to revoke its permit: WWALS to FERC 2017-12-29

reopen the whole basis of the FERC 2016 Order, Filing FERC, if it follows its own rules, should reject the DSEIS, stop Sabal Trail, and revoke its permit, says a motion filed today with FERC by Suwannee Riverkeeper.

Followup blog posts will feature major sections and arguments from these 20 pages with their 93 footnotes. The basic arguments are summarized on the first page:

WWALS argues that no SEIS can be complete without accounting for GHG from Liquid Natural Gas (“LNG”) exports, nor without comparing natural gas to solar power, according to precedents already set by FPL, FERC, and others, which also reopen the whole basis of the FERC 2016 Order.

FERC may not care, but the D.C. Circuit Court may, or candidates for office, or the voting public.

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

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


Filed with FERC today as Continue reading

Cattle, sinkholes, and digups vs. Sabal Trail: Janet Barrow 2017-11-20

Sabal Trail apparently doesn’t know cattle.

cattle go rogue over Sabal Trail pipeline markers

The pipeline company claimed they know restoration, but that’s not what the ground looks like now, with sparse vegetation and erosion. They say they love wildlife, but they drove off a heron and who knows what else. They’re driving down property values. What are those bubbles? Which milepoint is which, anyway? Janet Barrow lives in Marion County, but she also reports on Citrus County. For 54 pages, with a summation.

For the rest of FERC Accession Number 20171120-5026, “Comment of Janet L Barrow under CP15-17, et. al.; A Citizen’s Supplemental Information Regarding Sabal Trail’s October, 2017 Monthly Report” on the WWALS website, follow this link.

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

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

EPA perfunctory Lack of Objections to FERC Sabal Trail DSEIS 2017-11-20

EPA doesn’t even remember when it sent its own greenhouse gas (GHG) comments to FERC, forgets that it already told FERC nevermind, and now says, despite copious evidence filed by Senators, professors, Riverkeepers, and environmental organizations from multiple states as far away as Colorado, that FERC’s incorrect and inadequate Draft Supplementary Environmental Impact Statemen (FSEIS) rates “Lack of Objections or “LO””.

EPA to FERC, Re: SMPP This latest EPA letter is dated November 20, 2017, but FERC didn’t inform intervenors about it until today, two weeks later. The EPA letter claims:

The EPA commented on the FEIS on January 25, 2016. In those comments the EPA provided several recommendations including that the FERC consider a detailed evaluation of greenhouse gas (GHG) emissions in future analyses.

Yet FERC’s Docket CP15-17 shows no comment by EPA in January 2016. It does show this same G. Alan Farmer, Director, Resource Conservation and Restoration Division, EPA, wrote a letter to FERC filed 1 December 2015 as Accession Number 20171201-0034 (see also WWALS blog post), in which he said nothing I can see about greenhouse gases, but he did basically say “nevermind” to EPA’s extensive letter of October 26, 2015, filed as Accession Number 0151102-0219 (clean text on the WWALS website), which October letter did include: Continue reading

Nine Riverkeepers say FERC’s Sabal Trail SEIS unacceptable; request pipeline shutdown

FOR IMMEDIATE RELEASE

Hahira, Georgia, November 21, 2017 — Factually incorrect, failing to account for LNG export or solar power, and irresponsible for not finding or creating a method for attributing environmental effects to greenhouse gases, as the DC Circuit Court had instructed the Federal Energy Regulatory Commission (FERC) to do: that’s what nine Riverkeepers called FERC’s Supplementary Environmental Impact Statement (SEIS) yesterday; see their letter to FERC. The nine include all the Riverkeepers in the path of Sabal Trail and all parts of the Southeast Market Pipelines Project (SMPP) plus others in all three states invaded by those pipelines, Florida, Georgia, Alabama, plus Oklahoma, where the SMPP instigator, Florida Power & Light (FPL), owns a fracking field, The nine, who support fishable, swimmable, drinkable water, pointed out that all of FPL’s original excuses for Sabal Trail have been proven incorrect, and asked FERC to shut it down.

Green is Sabal Trail; Transco and FSC in black, SMPP
Sabal Trail in green, Transco and FSC in black, in Sierra Club interactive map of gas pipelines.

The Riverkeepers weren’t buying FERC’s ignorance: Continue reading

Eight Riverkeepers oppose FERC’s inaccurate and inadequate Sabal Trail SEIS and request pipeline shutdown 2017-11-20

Filed today as FERC Accession number 20171120-5130, “Opposition to the incorrect and inadequate FERC Sabal Trail SEIS and request for pipeline shut down by Suwannee Riverkeeper (WWALS) and Apalachicola, Ogeechee, Grand, Choctawhatchee, Chattahoochee, Indian, and Flint Riverkeepers.” (Or see WWALS PDF.)

Shut it down, From: The undersigned Waterkeepers

Date: November 20, 2017

To: Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission
888 First Street NE, Room 1A
Washington, DC 20426

Re: We oppose the incorrect and inadequate FERC Sabal Trail SEIS
FERC Docket Numbers CP14-554-002, CP15-16-003, and CP15-17-002

On September 27, 2017, the Federal Energy Regulatory Commission (FERC) published a draft Supplementary Environmental Impact Statement (SEIS).[1] That SEIS was in response to the August 27, 2017 DC Circuit Court decision[2] regarding FERC’s previous approval of Certificates of Convenience and Necessity for the three parts of the Southeast Markets Pipeline Project (SMPP), which are the Transcontinental Gas Pipe Line Company, LLC’s (Transco) Hillabee Expansion Project in Docket No. CP15-16-000; Sabal Trail Transmission, LLC’s (Sabal Trail) Sabal Trail Project in Docket No. CP15-17-000; and Florida Southeast Connection, LLC’s (FSC) Florida Southeast Connection Project in Docket No. CP14-554-000. The judges ordered:

“The orders under review are vacated and remanded to FERC for the preparation of an environmental impact statement that is consistent with this opinion.“

The draft SEIS issued by FERC is clearly not consistent with the court’s opinion for the following reasons:

  1. The SEIS is factually incorrect in stating that: Continue reading

Senators from Rhode Island and Colorado show how FERC can use social cost of carbon

Senators from two states far away just did what none of the senators from Alabama, Georgia, or Florida have done: called out FERC on its failure to do what the judges ordered about the social cost of carbon for the fracked methane pipelines Sabal Trail, Transco, and Florida Southeast Connection.

Sheldon Whitehouse Michael Bennet

FERC Accession Number 20171114-0043, “Comments of Senator Sheldon Whitehouse et al re the Southeast Market Pipelines Project under CP14-554 et al.” FERC’s generated PDF is not very legible, so the text below is from Sheldon Whitehouse, Press Releases, 8 November 2017, WHITEHOUSE, BENNET CALL ON FERC TO USE SOCIAL COST OF CARBON IN REVIEW OF PIPELINES, which also has linked to it a legible PDF. Continue reading

FERC alleged SEIS for Sabal Trail and Sierra Club Petition

The agency most responsible for pushing new greenhouse gas emissions (GHG) is “not aware of” and “could not find a suitable method to attribute discrete environmental effects to GHG emissions.” That epitomizes the lack of seriousness of the five-page Draft Supplemental Environmental Impact Statement (SEIS) FERC issued last month for Sabal Trail and the rest of the Southeast Market Pipelines (SMP) Project. If “the ability to determine localized or regional impacts from GHGs by use of these models is not possible at this time,” FERC should take Sabal Trail out of service and stop approving any more pipelines until such models are possible.

Maybe the agency pushing the most GHG should create such a model if it does not exist.

Maybe it could at last get the history straight about which coal plants FPL claimed Sabal Trail was needed to “modernize”.

Until then, this alleged SEIS is junk and Sabal Trail should be shut down.

You can sign Sierra Club’s petition against this fake SEIS, even though FERC can’t be bothered to hold public hearings. If you need reasons, read on below.


Susan Salisbury, Palm Beach Post, 1 April 2014, FPL’s Riviera Beach plant goes online Tuesday.
It’s already built, even though in 2013 FPL said Sabal Trail was needed to do that.
Now FERC’s SEIS names different plants as excuses.

Fracked methane emissions divided by Solar Power zero emissions

The SEIS explicitly mentions solar power: Continue reading