DeFAZIO
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PETER DeFAZIO | | |
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| FERC Fails To Address Concerns About Pipeline Route DeFazio urges affected landowners to contact FERC with concerns and questions Press Release | Contact: Danielle Langone (202) 225-6416 WASHINGTON, DC— U.S. Congressman Peter DeFazio received a response from federal regulators to a letter he sent expressing concerns about the proposed route of the Pacific Connector natural gas pipeline. FERC Chairman Joseph T. Kelliher's letter of response provided no guarantee that private property rights will be respected. Under the Natural Gas Act, FERC has the sole authority to approve a route for the pipeline and can authorize seizures of private property along the pipeline route. However, he did state his staff will be responsive to "reasonable right-of-way adjustments or other accommodations." Landowners concerned about the pipeline should contact FERC with their concerns. FERC can be contacted toll-free at 1-866-208-3372 or by e-mail at customer@ferc.gov. More information on how to get involved in this process can be found on the FERC website at: http://www.ferc.gov/industries/lng/enviro/pub-involve.asp.
The text of Chairman Kelliher's response to DeFazio is below.
 The Honorable Peter DeFazio U.S. House of Representatives Washington, DC 20515-3704 Dear Representative DeFazio: Thank you for your August 17, 2006 letter regarding the Jordan Cove Liquefied Natural Gas Project (LNG) and the associated natural gas sendout pipeline planned by Pacific Connector Gas Pipeline (Federal Energy Regulatory Commission [FERC or Commission] Docket Nos. PF06-25-000 and PF06-26). We have recently begun working with the project sponsors and other stakeholders in our pre-filing process for these projects (a required precursor to an application). We designed the pre-filing process so that the Commission staff, stakeholders, the project sponsors and other agencies can assess potential issues at an early stage. In this way, we can work to resolve these issues, such as the route of the pipeline, while the project is being developed prior to an application being filed. The Commission's goal is always for pipeline companies to work early and closely with affected landowners to minimize the need for companies to invoke the power of eminent domain. Further, in determining whether approval of a proposed pipeline project is in the public interest, the Commission takes into account the extent to which the pipeline company has sought to minimize the need for additional right of way. To ensure that landowner concerns are addressed in a timely manner, the Commission strongly encourages pipeline companies to engage in the Commission's pre-filing process which provides for the identification of landowners' concerns even before an application for a pipeline project is filed. Throughout pipeline certificate proceedings, the Commission's staff is responsive to landowners' concerns, whether they are identified during or after the pre-filing process. When a landowner requests reasonable right-of-way adjustments or other accommodations, staff actively seeks the pipeline company's concurrence, or staff makes appropriate recommendations to the Commission to ensure that the certificate is conditioned to require the pipeline company to make reasonable accommodations requested by landowners. It is only following the conclusion of a certificate proceeding, after the Commission has authorized the construction of a pipeline and imposed all necessary environmental mitigation measures, that the certificate holder is authorized by section 7(h) of the Natural Gas Act to acquire property through the use of eminent domain, and then only after it has failed to acquire necessary lands through contract or compensation agreement. At that point, jurisdiction over the matter rests with the state or federal court, which is required to follow local law. Also, please know that in addition to this Commission’s authority as lead agency, LNG import projects are subject to the authorities of state agencies that have been delegated authority to act pursuant to federal law, including state agencies that have been delegated duties with respect to the Coastal Zone Management Act, Clean Water Act, and Clean Air Act. Our goal is to work cooperatively with state and local authorities to protect the safety of residents and to minimize adverse environmental impacts. Cooperation among federal, state, and local authorities is needed to assess the project proposals adequately and to expedite access to LNG supplies to meet the nation’s critical energy needs. We encourage both federal and state agencies to become Cooperating Agencies in the preparation of the environmental documents. States and local agencies also have numerous other permitting capabilities and have the ability to participate and influence safety and security decisions made during the U.S. Coast Guard’s workshops, which are conducted in each active case where a terminal is proposed. If I can be of further assistance in this or any other Commission matter, please let me know. Sincerely, /s/ Joseph T. Kelliher Chairman
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