FERC Denies NY DEC Request for Pipeline Rehearing, Heads to Court

It’s “game on” between the Federal Energy Regulatory Commission (FERC) and the New York Dept. of Environmental Conservation (DEC). The DEC had arbitrarily, after more than one year of review, ruled against issuing a federal water crossing permit for a tiny 7.8 mile pipeline Millennium needs to build from its main pipeline to an electric generating plant under construction in Orange County. The power plant is due to be completed in early 2018, and needs a fuel supply. In a historic decision, FERC overruled NY DEC in September (see History Made! FERC Overrules NY DEC on Millennium Pipe Permit). The DEC, in a snit fit, demanded FERC not OK the beginning of construction until an army of DEC lawyers figures out a way to appeal, delay, obstruct and otherwise stop the project anyway (see NY DEC Appeals FERC Override of Millennium Pipe Decision). On Oct. 20th, Millennium asked FERC for permission to begin building the pipeline and NOT wait while the DEC tries to obstruct the project. A week later, FERC said “yes” to Millennium (see FERC Humiliates NY DEC, Millennium Can Begin Construction on Pipe). Here’s the new news: On Wednesday, FERC issued an order denying the DEC’s request for a stay and rehearing on the beginning of construction. But that’s not the end of it. Earlier this month NY’s egomaniac (and corrupt) Attorney General, Eric Schneiderman, filed an emergency request with the U.S. Court of Appeals for the Second Circuit (in NY) to block construction. The court granted his request and construction can’t begin. On Wednesday Millennium filed its own emergency request to dissolve the block in place from Schneiderman’s request, because Millennium has an immovable deadline. Grab the popcorn–this one is getting good…

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