LNG

Opponents of the Bradwood Landing LNG plant got some welcome news today.

The Federal Energy Regulatory Commission (FERC) says it wants more time to think about requests for a rehearing on the Bradwood project.

FERC approved a license for the LNG plant back in September. Since then, several federal, state and tribal agencies have called on FERC to reconsider the decision. Their argument? That FERC approved the license without following the procedures laid out in state and federal law, including the Endangered Species and Clean Water Acts.

See our earlier stories:
Fed Vs Fed In LNG Battle
Oregon Joins LNG Battle

Even NorthernStar Natural Gas, the company that won the license, agreed FERC should take its time making a decision on a rehearing. NorthernStar is concerned that if FERC moves to quickly, it gives LNG opponents a good reason to take FERC to court.

Today’s announcement by FERC doesn’t say how long this pause will last, nor does it say when it will make a decision on rehearing the case. But it gives opponents some breathing room. And with a new administration taking office in about two months, that may be all they need to stop the project once and for all.

Oregon joined forces with Washington and NOAA Fisheries by filing for a new hearing on the Bradwood Landing LNG plant.

The filing asks the Federal Energy Regulatory Commission (FERC) to withdraw approval of Bradwood, saying FERC failed to follow the law.

Among the state’s complaints, that FERC approved the project before getting the necessary Oregon permits for air and water quality, that it didn’t consult with NOAA Fisheries, that it failed to determine if Bradwood is really needed and in the public interest, and that FERC didn’t do a good enough job studying the safety and security issues of the project.

In a news release, Governor Kulongoski says FERC shows “complete disregard” for Oregon’s role. “By requesting a rehearing, FERC has one final opportunity to do this right. If Oregon is not afforded a rehearing, legal action is imminent,” says Kulongoski in the release.

Several environmental groups and some northwest tribes also filed for a new hearing. The list includes Columbia Riverkeeper, Sierra Club Oregon, the Nez Perce Tribe and the Confederated Tribes of the Umatilla Indian Reservation,

Opponents of the Bradwood Landing LNG plant must be feeling pretty good about the latest news on the project.

On Friday, the National Marine Fisheries Service (better known as NOAA Fisheries) filed for a new hearing on Bradwood, saying the decision to approve the project violated the Endangered Species Act. And NOAA isn’t the only government agency to make that claim. Washington’s Department of Environmental Quality also filed for a new hearing on similar grounds.

A little background, last month the Federal Energy Regulatory Commission (FERC) gave conditional approval to Bradwood Landing, which would sit on the Columbia River about 20 miles upriver from Astoria. The proposal also includes a pipeline that would carry natural gas further east on the Oregon side of the river, cross under the Columbia into Washington, and terminate near Kelso, WA.

NOAA says FERC violated federal law because it failed to consult with NOAA about the environmental impacts of the LNG plant. NOAA Fisheries has authority to protect several species of fish and marine animals, and to protect fish habit under two federal laws. Keep in mind that NOAA isn’t asking FERC to take back the approval, but rather that it wants the project to be put on hold.

NorthernStar Natural Gas of Houston, TX is the company that wants to build the Bradwood Landing plant. It told the Oregonian that NOAA’s filing is “procedural” and won’t impact the permitting process.

And then there’s the filing from Washington DEQ. It offers a far more detailed critique of how FERC failed to do its job studying the potential impacts of the LNG plant.

Some of the highlights:

• Ballast Water: When LNG cargo ships arrive, they may dump engine cooling water into the Columbia River. They may also take in river water to act as ballast on the return trip. DEQ says FERC doesn’t have enough information to know how this will affect the river.
• Emergency Preparedness: An explosion at the plant, or along the pipeline, could have serious consequences for the river and the people who live nearby. But DEQ says FERC failed to analyze how much it would cost to handle such an emergency, or how much it’s going to cost to prepare for one.
• Geologic Hazards: DEQ says FERC didn’t do a good enough job studying the impact of landslides along the pipeline route.
• Economic Impact: DEQ says FERC failed to fully analyze how large LNG cargo ships would impact other shipping that uses the Columbia River. LNG ships will require extra security that could delay barges and other traffic. DEQ also says FERC needs to do a better job of how Bradwood Landing LNG would impact the local fishing industry.
• Greenhouse Gas: DEQ says construction of the project will produce 146,000 tons of carbon dioxide every year, and once the plant is operating it will produce 102,000 annually. But DEQ says, FERC doesn’t require NorthernStar to do anything to offset that.

DEQ takes it a step further and says FERC should rescind its approval of the Bradwood Landing project.

The Oregonian says the state of Oregon will join the fray on Monday.