Dominion CEO Asks Senators to Fix Broken Permitting Process

On Tuesday, just as winter storm Stella was beginning to hit along the East Coast, a group of executives testified before the U.S. Senate Committee on Energy & Natural Resources. The session was billed as a “Hearing to receive testimony on opportunities to improve American energy infrastructure.” One of the speakers to address the Senators was Dominion CEO Diane Leopold. The thrust of her lengthy testimony was to encourage (implore?) the Senators to (in our words) fix the very broken process of permitting important infrastructure projects in this country. Leopold shared Dominion’s experience in applying for permits to build the $4 billion Cove Point LNG export project in Maryland. As bad as it was with 55 federal, state and local permits and reviews required, Leopold said Cove Point was a relative walk in the park compared to what they’re now going through with the $5.5 billion Atlantic Coast Pipeline project. Something has got to change if anything is going to get built in this country…
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Today is the day that (some of) Maya’s minions will show up at a meeting of the Delaware River Basin Commission to attempt to bully DRBC staff during the public comments period. As we’ve been reporting (from a well-placed mole on the DRBC email list) Maya has been issuing orders to her minions–people who apparently aren’t bright enough to form their own thoughts about matters like the PennEast Pipeline (see
Last June, MDN quasi-predicted that natural gas prices may spike during the 2016-2017 winter season in New England, due to a coming shortage of LNG from Tinidad (see
TransCanada, one of Canada’s leading midstream/pipeline companies, cooked up a deal last year to pipe natural gas from Canada’s West Coast to the East Coast in order to fend off cheap supplies of Marcellus/Utica gas that will flow into Canada when/if the NEXUS and Rover pipelines get built (see
That was fast. Last Friday MDN reported that New Jersey’s largest utility, Public Service Enterprise Group (PSE&G), is shopping its ownership stake in the $1 billion PennEast Pipeline project (see
A group of anti-fossil fuel nutters from the Philadelphia suburb of Middletown, PA (Delaware County) spent good money to buy themselves a report from an “independent” consultant that they say proves the Mariner East 2 Pipeline is too dangerous to build through their township. We don’t know how much the Middletown Coalition for Community Safety blew on the study, but we do know that Middletown Township is blowing $45,000 of taxpayer’s hard-earned money for a similar study (see
The Mountain Valley Pipeline (MVP) is a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA. The project, which filed an official application with the Federal Energy Regulatory Commission in October 2015, is being built by EQT, NextEra Energy and several other partners. The project has faced stiff opposition from landowners in West Virginia (see
Is there still a market need for the NEXUS Pipeline project? That is the $2 billion question. Last December, the Federal Energy Regulatory Commission issued a positive final Environmental Impact Statement (see
The Delaware River Basin Commission (DRBC), charged with overseeing potential impacts on the Delaware River and the various tributaries that feed it, has stepped outside of its legal bounds with plans to review the PennEast Pipeline, part of which will run through the Delaware River Basin area. In 2014 the DRBC tried to tell PennEast and its sponsors that the pipeline will need their approval before it can be built (see
New Jersey’s largest utility, Public Service Enterprise Group (PSE&G), is shopping its ownership stake in the $1 billion PennEast Pipeline project. Which may sound bad, but isn’t. Is PSE&G losing confidence in the project? Not happy with progress (or lack thereof)? Afraid it won’t ever get built? No, no and no. According to a company spokesman, the $10 billion PSE&G wants to focus on power projects, not pipelines. A little background and context is helpful. PennEast is largely being driven by Pennsylvania-based UGI, a natural gas and electric utility serving 700,000 customers in 45 counties in Pennsylvania and one county in Maryland. UGI is managing the project, and has the largest ownership stake. Other investors/owners of the project include PSE&G, which has only invested $11 million and owns a 10% stake; NJR Pipeline Company, a subsidiary of New Jersey Resources, an NJ utility; SJI Midstream, a direct subsidiary of South Jersey Industries; Southern Company Gas, a wholly owned subsidiary of Atlanta-based Southern Company, a midstreamer; and Spectra Energy, now a part of Enbridge, yet another pipeline company. Even though PSE&G wants to sell its share of the project for financial reasons, it will remain one of the customers for the PennEast Pipeline when (not if) it gets built…
Sometimes this regulatory stuff gives us a headache. Like today. A common practice by anti-fossil fuel nutters when opposing a pipeline project at the Federal Energy Regulatory Commission (FERC) is to request a “re-hearing” on a decision FERC has made to authorize a project. It’s just standard operating procedure. If the antis can get FERC to agree to a re-hearing, it effectively slows, even stops, an active pipeline project. So in an effort to prevent important projects from being slowed or stopped, FERC developed something called a “tolling order”–which grants FERC more time to consider whether or not a full re-hearing is justified. During the time of the tolling order (which can last up to six months), work on a pipeline continues. Sometimes the work even gets completed! Which of course drives the antis bonkers. Antis claim FERC uses tolling orders to avoid lawsuits. You see, antis can’t take their frivolous cases to a court until FERC has officially denied a re-hearing request. So by using a tolling order, FERC can drag out the process of deciding to deny a re-hearing, avoiding the inevitable frivolous lawsuit that comes with it, and work on important projects gets done. This is how things must operate in our litigious society that tolerates the antics of anti-fossil fuelers (with seemingly bottomless pockets of money to litigate every project). New wrinkle: When FERC Commissioner Norman “cry baby” Bay resigned in a huff effective Feb. 3, it left FERC without enough Commissioners (without a quorum) to vote on tolling orders, re-hearing requests, etc. So on Feb. 3, before Bay left, the existing three Commissioners delegated their authority over re-hearings and tolling orders to FERC staffers–until a new Commissioner is appointed and sworn in. Antis against Atlantic Sunrise are using the delegated tolling order issue against FERC in their attempt to stop commencement of construction on Williams’ Atlantic Sunrise Pipeline project, claiming they are being deprived of their “due process”…
There are a few last, desperate gasps at attempting to stop Sunoco Logistics Partners’ Mariner East 2 natural gas liquids (NGL) pipeline from being built. The pipeline is currently under construction (see 
On Feb. 3, the Federal Energy Regulatory Commission (FERC) approved a long-delayed project–National Fuel Gas Company’s (NFG) Northern Access 2016 pipeline project (see 
The Federal Energy Regulatory Commission (FERC) approved Atlantic Sunrise in early February (see