Category Archives: Law

FERC acceptance for Sabal Trail pre-filing PF14-01 2013-10-16

This is FERC’s Letter order approving Sabal Trail Transmission, LLC’s 10/4/13 Pre-Filing Request re the planned Sabal Trail Project under PF14-1. See also FERC refuses to release RFP for environmental contractor.

FEDERAL ENERGY REGULATORY COMMISSION
WASHINGTON, D.C. 20426

OFFICE OF ENERGY PROJECTS

In Reply Refer To:
OEP/DG2E/Gas Branch 3
Sabal Trail Transmission, LLC
Sabal Trail Project
Docket No. PF14-1-000

October 16, 2013
Ms. Lisa A. Connolly
General Manager, Rates and Certificates
Sabal Trail Transmission, LLC
2701 N. Rocky Point Drive, Suite 1050
Tampa, FL 33607

Re: Approval of Pre-Filing Request: Sabal Trail Project

Dear Ms. Connolly:

Thank you for your letter, filed October 4, 2013, requesting use of the Federal Energy Regulatory Commission’s (FERC or Commission) pre-filing review process for Sabal Trail Transmission, LLC’s (Sabal Trail) planned Sabal Trail Project (Project). We believe that beginning the Commission’s review of this proposal prior to the receipt of your application will greatly improve our ability to identify issues early and address them in our environmental document.

As stated in your letter, Sabal Trail plans to: Continue reading FERC acceptance for Sabal Trail pre-filing PF14-01 2013-10-16

Take the Pipeline Bull by the Horns: Georgia FERC Scoping Meetings

PDF

FOR IMMEDIATE RELEASE

Valdosta, 2 March 2014 — SpectraBusters invites everyone to take the pipeline bull by the horns this week in Albany, Valdosta, or Moultrie, at your only chances in Georgia to testify in front of the Federal Energy Regulatory Commission about Spectra Energy’s proposed Sabal Trail Transmission fracked methane pipeline. Plus SpectraBusters will hold a panel on the issues afterwards.

FERC Scoping Meetings:
This week’s calendar:
SpectraBusters Panel:
In Conjunction with:

FERC Scoping Meetings:

We hear these FERC Scoping meetings will all have the same format:

5PM Sabal Trail discussion pipeline representatives will be present.
6PM FERC presentation about the process.
Then citizens can speak at the podium one by one and have what they say transcribed by a court recorder for the Commission’s administrative record.

This week’s calendar: Continue reading Take the Pipeline Bull by the Horns: Georgia FERC Scoping Meetings

Property rights and water: please deny the Sabal Trail methane pipeline –Tim Carroll, Valdosta City Council, 5th District

Filed with FERC 3 March 2014; PDF -jsq

Tim Carroll, Valdosta, GA.

To: Federal Energy Regulatory Commission

I am writing to you on behalf of citizens that live in my city council district. Specifically those that will be negatively impacted by the Sabal Trail methane gas pipeline. Please accept the following reasons why I oppose this project coming through our community.

  1. Eminent Domain laws refer to the greater good of the citizens of the community and/or state where this law is being used. Continue reading Property rights and water: please deny the Sabal Trail methane pipeline –Tim Carroll, Valdosta City Council, 5th District

Pipeline Reader: Who, what, when, where, how, and why not the Sabal Trail methane pipeline

Here’s PDF of a reader for county commissions and others who need to get up to speed on the pipeline. Feel free to add local material for your county commission or city council.

This pipeline reader contains:

About the Pipeline

Sabal Trail Pipeline Context maps —Spectra Energy and FPL — Lowndes Area Knowledge Exchange www.l-a-k-e.org

Natural Gas Pipelines www.foodandwaterwatch.org

Spectra Safety Violations www.spectrabusters.org

Facts on Fracking — Wiregrass Activists for Clean Energy (WACE) www.wiregrassace.org/

Local Governments Can Restrict Pipelines www.spectrabusters.org

WV Polluter Files Bankruptcy www.spectrabusters.org

Stranded Fossil Fuel Assets www.spectrabusters.org

Solar Jobs — Lowndes Area Knowledge Exchange www.l-a-k-e.org

How to File a Comment with FERC

Continue reading Pipeline Reader: Who, what, when, where, how, and why not the Sabal Trail methane pipeline

Colquitt County attorney gives up too easily

Too-hasty conclusions about the Sabal Trail pipeline from the Colquitt County attorney at the 10 February 2014 Colquitt County Commission meeting.

Alan Mauldin wrote for the Moultrie Observer 10 February 2014, Sabal Trail: County can have input, but feds are in control,

County officials can’t decide which route a massive gas pipeline takes through the area or prevent its construction, but it can have an impact on safety, Colquitt County officials heard Monday.

Federal law trumps those of the state and county ordinances, so if federal officials grant a permit for a pipeline route there is little to be gained from opposing it, County Attorney Lester Castellow said.

UNITED STATES OF AMERICA, FEDERAL ENERGY REGULATORY COMMISSION
Before Commissioners: Joseph T. Kelliher, Chairman; Nora Mead Brownell, and Suedeen G. Kelly.
PacifiCorp Project No. 2342-018
ORDER ON PETITION FOR DECLARATORY ORDER (Issued May 18, 2006):

9. However, federal preemption does not necessarily mean Continue reading Colquitt County attorney gives up too easily

EPA and Spectra knew about PCBs as early as 1985

That was four years before the record 1989 $15 million fine against Spectra (then Texas Eastern Transmission Corp.). What other safety problems does Spectra know that it’s not telling?

Philip Shabecoff wrote for the New York Times 17 March 1987, DATA SHOW E.P.A. DELAYED WARNING ABOUT PCB PERIL

The Environmental Protection Agency knew about PCB contamination at specific sites along the Texas Eastern pipeline as early as the autumn of 1985 but took no immediate action to protect public health at the sites, according to internal agency documents.

Agency officials had said that they were unable to act more quickly to deal with the contamination because they had insufficient information from the company.

In case you’re having trouble following all the name changes, Continue reading EPA and Spectra knew about PCBs as early as 1985

Real questions at Gilchrist County Commission

Two hours of first questions from a citizens committee with Spectra’s reps expected to answer right there in front of everybody, then questions from locals and people from many counties around, including attorneys representing landowners and other county commissions cross-examining Spectra on the spot. The Chairman of the Gilchrist County Commission said there was a general opinion among the populace that they were asking specific questions and getting only general answers. Congratulations, Chairman, Commission, staff, Committee, and everyone who asked questions for showing the world how it’s done, and for exposing Spectra’s evasions to public scrutiny.


Brian Fahrenthold (Spectra), Pete Butts (Citizen Committee), Bobby Crosby (County Administrator), Stephanie Denardo (WUFT), David M. Lang Jr. (County Attorney), Gilchrist County Commission, County Clerk, and more Spectra reps in foreground

You’ll see for yourself in the videos of the whole thing. Almost all: so much both camera batteries ran down, and it took a bit to find a plug.

One of the citizen committee questions was about Spectra’s safety record. Brian Fahrenthold assured the commission that Continue reading Real questions at Gilchrist County Commission

Judge strikes Nebraska Keystone XL pipeline law

This victory for landowners against eminent domain by an out-of-state company for the Keystone XL oil pipeline is relevant to the Sabal Trail methane pipeline, which is just as big a boondoggle for remote companies at the expense of local landowners and taxpayers.

Alison Sider and Alicia Mundy wrote for WSJ yesterday, Nebraska Judge Blocks Governor’s Keystone XL Decision: Court Decision a Victory for Opponents of the Pipeline Project

A Nebraska judge ruled Wednesday the law allowing the controversial Keystone XL oil pipeline to be built across the state is unconstitutional, a move that could further delay the project.

Lancaster County District Court Judge Stephanie Stacy sided with three landowners who argued Nebraska’s governor shouldn’t be able to sign off on the pipeline’s route. The governor, Republican Dave Heineman, was handed that power in a law the state Legislature hastily passed in 2012. But the court ruled that under the state’s constitution, only Nebraska’s Public Service Commission could approve such a pipeline route.

The judge ruled the Legislature overstepped its bounds and the governor’s approval “must be declared null and void,” because it was based on an unconstitutional law.

Nebraska Attorney General Jon Bruning, who defended the law in court, said he would appeal the decision.

Georgia’s Public Service Commission hasn’t approved any route for Spectra’s Sabal Trail methane pipeline, and I don’t think Alabama’s has, either.

TransCanada said it was disappointed Continue reading Judge strikes Nebraska Keystone XL pipeline law

Interrogate the Sabal Trail pipeline in Gilchrist County 2014-02-20

PDF

FOR IMMEDIATE RELEASE

Valdosta, 17 February 2014 — On the agenda with questions from a citizens committee plus 3 minutes for local citizens to speak to the Gilchrist County Commission about the proposed Sabal Trail methane gas pipeline. Please remember to fill out a speaking card when you enter the building. Anyone from anywhere can come listen, or protest against the pipeline outside.

When:  5:00 PM
Thursday, February 20
th 2014

Where: BOCC Meeting Facility
210 South Main Street
Trenton, Florida 32693
(352) 463-3198

Pipeline? No! Why: Spectra Energy, which had compressor station leaks in Maine last month and in Pennsylvania last year, plus multiple fines by Pipeline Hazardous Materials Safety Administration (PHMSA) for corrosion and leaks, and a record $15 million EPA fine for PCB contamination, proposes a hundred-foot-wide gash Continue reading Interrogate the Sabal Trail pipeline in Gilchrist County 2014-02-20

Judge lets pipeline company intervene in lawsuit

Stop the Sabal Trail pipeline early before it gets harder. Making a bad bet shouldn’t guarantee winning by legal judgment at the expense of landowners, methane pollution, and delayed solar deployment.

Gabriel Tynes wrote for Lagniappe yesterday, Pipeline company intervenes in lawsuit against Corps,

A federal judge has allowed pipeline company Plains Southcap to intervene in a lawsuit between Mobile Baykeeper and the U.S. Army Corps of Engineers, citing a rule of civil procedure permitting non-parties to step in to protect interests “that may be impaired by the disposition of the suit,” particularly those which existing parties “cannot adequately protect.”

Maybe the court should “adequately protect” the local watershed and drinking water supply from this kind of spill or worse: Continue reading Judge lets pipeline company intervene in lawsuit