UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION. ) Constitution Pipeline Company, LLC ) Docket No.

Transcription

1 UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION ) Constitution Pipeline Company, LLC ) Docket No. CP ) REQUEST OF CONSTITUTION PIPELINE COMPANY, LLC FOR EXPEDITED ACTION ON REQUEST FOR REHEARING On February 12, 2018, Constitution Pipeline Company, LLC ( Constitution ) filed with the Federal Energy Regulatory Commission ( Commission ) a request for rehearing ( Request for Rehearing ) pursuant to Section 19(a) of the Natural Gas Act, 15 U.S.C. 717r(a) (2012), and Rule 713 of the Commission s Rules of Practice and Procedure, 18 C.F.R (2017), of the Commission s January 11, 2018 Order on Petition for Declaratory Order in the above-captioned proceeding ( Order ). 1 On March 14, 2018, the Commission issued an Order Granting Rehearing For Further Consideration. 2 Constitution is filing the instant request seeking that the Commission expeditiously issue an order addressing its Request for Rehearing. In support of this request, Constitution respectfully states as follows: In the Order, the Commission denied Constitution s petition for a declaratory order, which had requested the Commission to find (i) that the New York State Department of Environmental Conservation ( NYSDEC ) failed to act within a reasonable period of time on Constitution s Clean Water Act Section application, and (ii) that such failure to act constituted a waiver of the Section 401 water quality certification requirement for federal authorizations 1 Constitution Pipeline Company, LLC, 162 FERC 61,014 (2018). 2 Constitution Pipeline Company, LLC, Order Granting Rehearing for Further Consideration, Docket No. CP (2018) U.S.C. 1341(a)(1) (2012) /25/2018

2 related to the New York State portion of Constitution s pipeline project. In support of that rehearing request, Constitution raised seven specifications of errors and issues. 4 Constitution respectfully requests that the Commission promptly issue its decision on the Request for Rehearing. Constitution s proposed pipeline is critical natural gas infrastructure needed to meet the natural gas demands of the Northeast United States the winter inadequate supply and steep pricing environment in New England making this point emphatically clear. The pipeline will provide consumers in the Northeast with direct access to Marcellus Shale gas supply, which is the most abundant and cost-effective gas supply source in the nation. Except for the Clean Water Act approvals, which have been unreasonably and unlawfully delayed, the project is federally approved and shovel-ready, and the right-of-way has been optioned or acquired. The pipeline remains fully contracted with long-term commitments from established natural gas producers currently operating in Pennsylvania. As Constitution asserts in its Request for Rehearing, the Commission, in issuing a Certificate of Public Convenience and Necessity for Constitution s pipeline project, determined that the project serves the public interest and is, therefore, in the public convenience and necessity. The need for this critical pipeline infrastructure is clearly evident. Despite abundant supplies of domestically sourced natural gas, the lack of necessary pipeline infrastructure in the Northeast has deprived New England of access to this gas and led New England to source natural gas from Russia. 5 End-use consumers in New England are particularly hard hit by the delay in the pipeline s construction. They 4 Request for Rehearing, pp See Jon Chesto, Russian LNG is unloaded in Everett; the supplier (but not gas) faces US sanctions, BOSTON GLOBE (Jan. 30, 2018), /25/2018 2

3 are being deprived of the opportunity to utilize natural gas in their operations, and planned projects that otherwise could utilize such gas are needlessly being delayed. And, perhaps most notably, residential users of natural gas will continue to pay high prices for natural gas. The Natural Gas Act was designed to provide a comprehensive national energy policy to enhance the security of the United States and decrease dependence on foreign sources of fuel. 6 The Commission should not allow NYSDEC s unlawful disregard of the Clean Water Act s requirements to come at the expense of the public s interest in and need for this critical pipeline infrastructure. Expedited action by the Commission is essential to preventing further delay. In summary, and for the foregoing reasons, Constitution requests that the Commission expeditiously issue an order addressing the Request for Rehearing. Respectfully submitted, CONSTITUTION PIPELINE COMPANY, LLC By Williams Pipeline Services LLC, its Operator June 25, 2018 By: /s/ Stephen A. Hatridge Stephen A. Hatridge Vice President and Assistant General Counsel Williams Pipeline Services LLC, as Operator of Constitution Pipeline Company, LLC P.O. Box 1396 Houston, Texas (713) S. Rep. No , at 1 (2005); P. Bobbitt, What s Really Going On in Constitution Pipeline v. New York State Department of Environmental Conservation, Lawfare (Apr. 26, 2018) (Exhibit A) /25/2018 3

4 CERTIFICATE OF SERVICE I hereby certify that I have this day served, in accordance with the provisions of Rule 2010 of the Commission s Rules of Practice and Procedure, the foregoing document on the official service list compiled by the Secretary in this proceeding. Dated at Houston, Texas, this 25th day of June, /s/ Stephen A. Hatridge Stephen A. Hatridge Vice President and Assistant General Counsel Williams Pipeline Services LLC, as Operator of Constitution Pipeline Company, LLC P.O. Box 1396 Houston, Texas (713) /25/2018

5 EXHIBIT A /25/2018

6 What s Really Going On in Constitution Pipeline v. New York State Dep...2:17: FERC PDF (Unofficial) 6/25/2018 PM 1 of 3 5/23/ :36 AM

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8 of 3 5/23/ :36 AM What s Really Going On in FERC Constitution PDF (Unofficial) Pipeline v. New York 6/25/2018 State Dep... 2:17:28 PM

9 Document Content(s) Constitution_Supplement_to_Reqst_for_Rehearing_ PDF...1-8