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State threatens to sue FERC over Bradwood Landing decision

Wednesday, October 8, 2008 6:28 PM PDT

By Tony Lystra

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Washington state officials said Tuesday that they will sue the Federal Energy Regulatory Commission if it doesn’t reverse its decision to approve the Bradwood Landing liquefied natural gas terminal.

Houston-based NorthernStar Natural Gas Inc., which plans to build an LNG terminal along the Columbia River across from Puget Island, declined to comment, but said it will work with the state to resolve its concerns.

State officials said that FERC approved the Bradwood Landing terminal last month without considering all environmental and safety risks, and should have waited for the state to issue a clean-water permit.

“FERC just screwed up,” assistant attorney general Joan Marchioro said. The state, she said, is telling the federal agency, “We’re going to give you a chance to fix it, and then we’re going to the principal’s office.”

FERC’s authority to approve LNG terminals has been a point of contention with officials in Washington and Oregon. The 2005 federal Energy Policy Act shifted the power to authorize such facilities from the states to FERC. Since then, state agencies have been left to issue environmental permits.

In a letter to NorthernStar last month, Gov. Chris Gregoire called FERC’s approval “premature” and said the state will investigate the project’s “environmental and safety impacts.”

Gregoire also said she was worried that FERC’s approval would trigger eminent domain laws, allowing NorthernStar to force the sale of private lands in Cowlitz County to accommodate a distribution pipeline.

NorthernStar replied that it has altered its proposed pipeline route “a number of times” at the request of Cowlitz County landowners.

“Our current schedule anticipates the start of pipeline construction in two to three years,” company CEO Si Garrett wrote in the letter. “That provides ample opportunity for (NorthernStar) to work constructively with landowners and the county to address individual concerns.”

Garrett said NorthernStar intends to comply with the state’s environmental standards. The company, according to Garrett, will “seek and satisfy the necessary Washington regulatory approvals regardless of any decision made by FERC for the proposed pipeline.”

Related article:

FERC approves Bradwood LNG plant

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gimpy wrote on Oct 8, 2008 7:08 AM:

" AMEN!It's high time someone stood up to FERC and made them play by the rules! They have been running roughshod over citizens of the US for too many years now. I've met Joan Marchioro and I believe she means business. I also know she wouldn't say this without the approval of the Governor, so welcome to the fray, Christine. It's about time. "

Rural Citizen wrote on Oct 8, 2008 10:21 AM:

" Vote the republicans out of office.
Then reverse the lousy FERC law that gave our state decision making power to the fed.

Funny how republican constituents are all for private ownership rights unless their rich oil president and his oil V.P. make a grab for everyone's land. THEN it's okay? Because they're republicans?

How is THAT patriotic. Ownership is important if YOUR leadership of YOUR party says it is and they say HOW it is to be relegated? WHAT?

Let's get these guys out of office and go back to states making reasonable decisions in their own states and relegating the federal government back to a less powerful oversight.

I don't like this dictatorship from D.C. "

fanky wrote on Oct 8, 2008 11:00 AM:

" Here is an idea... If the Govenor is worried about eminent domain being used, why not change the state law that says eminent domain can only be used for non profit/ public improvements, like highways' etc. This way, if some company wants to come in and use someone's land to make lots of money, they will be forced to pay that landowner lots of money, like Lowe's did....and if the person doesn't want to sell, so someone else can profit, they have the right to say no...FREEDOM, it's something that is slowly being taken away....one law at a time.. "

grams wrote on Oct 8, 2008 12:05 PM:

" Rural Citizen , I am a conservative and I accept my parties responsibility in this latest greed grab. But, I also want to point out that the Republican party did try to put regulations on this implosion prior to this event and they were voted down by powerful Democrats. There is enough blame to go around here and a one party government is not what America is all about. What we need to do is research the records of those we vote for and choose the person who best fits the profile of a statesperson capable of Bi-Partisonship. That is the only way we will ever get this teetor totter "CaCa" under control. The "Good Old Boy" network, which includes some "Good Old Girls" is a pox on our country. The passage of the 2005 energy bill allowing FERC to have total control is an example of that infection, and people from both sides of the isle voted for that takeover. And Tanky, I am not sure about what individual states can do in regard to eminent domain but if there is a way then yesterday was not soon enough to see a bill to that effect! And finally for those of you who do not know, there was a big rally on the Capital steps in Olympia last Monday. Finally we heard from our Governor, through a spokesperson of course but late is better than never. Sue the B-----ds Gov! "

Rosey Glasses wrote on Oct 8, 2008 12:48 PM:

" I hate to say this fanky, but iminent domane should not be used for any reason. They used that on me to take away our building and destroy our business for the Allen st bridge. Never again... It is not right for the state/fed/county/city governments to be able to force someone off their property, no matter what they pay for it, which is usually a fraction of sale value. I wonder how you would feel if they came in and told you they were putting that pipeline through your property, giving you 3/4 of market value, and that you had to move within a certain amount of time or they would come in and move you our onto the street? FERC needs to be disbanded, and the people should be able to say whether this LNG is allowed to be put on the Columbia river or not... and let that vote stand! grief. "

Thoughtful wrote on Oct 8, 2008 5:09 PM:

" Rural Citizen, go ahead and blame the Republicans if you wish. However, you really should do your homework prior to laying that blame. Look into the history of FERC and you will discover it was started in 1920 during the Wilson term along with the federal income tax and was called the Federal Power Commission. Wilson was a Democrat. In 1935, under Franklin Roosevelt, it became an independent agency with 5 members appointed by the President. The 1938 Gas Act gas was the beginning of giving those 5 people jurisdiction over natural gas. Most changes through the years occured during Democratic terms. Jimmy Carter added plenty especially during the oil crisis. Clinton's term saw the empowering of the FERC strengthened to its current level. The Energy Bill of 2005 was just the icing on the cake. So lay the blame where it truly belongs, if you feel the need to lay blame at all. "

badpenny wrote on Oct 9, 2008 7:15 AM:

" Rural Citizen, isn't it fun to watch all the Republicans back-pedaling from their party? But you know what? If everyone who voted Bush/Cheney into office renounced their vote, it still would be less than 50% of those who voted! "

grams wrote on Oct 10, 2008 12:37 PM:

" badpenny what you didn't say was that there is a great lack of Democratic stand to responsibility in this same issue. It started with the Democrats and was exaserbated by the Democratic "powers that be" when the first warning signs raised their heads.. all be it that the Democratic platform at large was trying to house more people, the persons who didn't step back and look at this pending problem in a pragmatic way were those with the voting power and those were Democrats. There is pleanty of blame to go around as I have stated. When someone has the courage of character to stand up and say their party had a hand in this disaster I think it speaks for the character of the party. "

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