FERC Report: Oregon LNG Did Nothing Wrong

June 4, 2010
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An LNG protest sign from FERC's December 2009 field trip in Washington County.

If LNG opponents were hoping for a new angle in their fight against Oregon LNG, this isn’t it.

A report by the Federal Energy Regulatory Commission (FERC) clears the company of any serious wrongdoing in how it dealt with landowners along the route of its proposed pipeline in Northwest Oregon.

“No Misconduct”

At three public hearings in April, landowners along the pipeline accused Oregon LNG of trespassing, harassment and retaliation. They complained about not being notified about important meetings and about changes made to where the pipeline would be located.

The hearings were held in front of FERC Administrative Law Judge Bobbie McCartney. In her report, McCartney finds little or no evidence to support those charges.

Her conclusion? That while FERC and Oregon LNG could do a better job communicating with landowners, “the evidence of record does not support a finding of misconduct as to any of the allegations.”

A Closer Look At The Charges

Threats and Retaliation: Some of the landowners accused Oregon LNG of changing the route of the pipeline to punish them for not cooperating with the company. McCartney says she couldn’t find any evidence of that. Instead, she says, company officials offered “compelling testimony” that changes were made for environmental reasons.

On the other hand, she does list threats and intimidation made by landowners against Oregon LNG officials.

Trespassing: McCartney says there’s little evidence that Oregon LNG officials trespassed on private land. Getting to the truth on this issue was made more difficult – she says – because landowners were also dealing with officials from the Palomar pipeline and may have been confused.

The GPS Incident: During a field visit by FERC and Oregon LNG staff in December of 2009, one of the company officials recorded GPS data of the location of a well on private property. Doing that was a direct violation of the agreement giving the company access to the property. But McCartney portrays the incident as an honest mistake, noting the data was quickly erased and that the official apologized.

Security Guards With Guns: One of the stranger stories out of the hearings was about the presence of armed security guards at a public information meeting at Banks High School in May of 2008. Landowners called the experience intimidating and offensive. One of the witnesses testified he was told by FERC Chairman Jon Wellinghoff that Oregon LNG hired the armed guards.

But the report concludes that company didn’t do any such thing. Instead, McCartney finds that the armed guards were requested by the school.

In conclusion, McCartney writes:

“It should be noted that at the heart of many of the concerns raised by the participants in this proceeding is the compelling and quite understandable fact that most landowners don’t want an LNG pipeline project to come across their property or otherwise adversely impact their quality of life. In fact, many participants readily admitted that they were availing themselves of the opportunity to provide testimony affirming their opposition to all of the proposed liquefied natural gas terminals and associated pipeline projects. However, while the evidence of record does not support a finding of misconduct, the concerns and frustrations the participants have expressed in their testimony are very genuine and have been captured in the record of this proceeding for the Commission’s consideration.”

Related Stories:

VIDEO: Protests, Frustration And Apologies At The Final Day Of FERC LNG Hearings

FERC LNG Hearing: Guns, Trespassing and Intimidation

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