Fighting FERC

Posted 8/21/12

Residents of the Town of Highland have understandably created an organization to try to halt the construction of a compressor station on the Millennium Pipeline on property formerly known as the …

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Fighting FERC

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Residents of the Town of Highland have understandably created an organization to try to halt the construction of a compressor station on the Millennium Pipeline on property formerly known as the Eldred Preserve.

Information on the website, www.nyscram.org says, “The compressor station presents a danger to the health, environment and property values of all of us who live nearby. Highland and surrounding towns have already passed laws forbidding this type of facility, but without action from all of us, these laws will not be enough to stop it.”

But even with action and support from everyone in the town, the local residents will probably not be able to stop it, because the courts and regulators have determined that the laws are stacked in favor of the industry, and this Congress probably thinks that’s just as it should be.

Interstate pipelines such as the Millennium are permitted by the Federal Energy Regulatory Commission (FERC), which, according to a letter signed by the Delaware Riverkeeper Network, has approved 100% of projects submitted to it since the 1980s. Those projects include pipelines and compressor stations.

When FERC determines a project may move forward, it issues what is called a “certificate of public convenience and necessity,” which allows projects to ignore most local zoning laws. So even though the Town of Highland adopted zoning that specifically excludes compressor stations, it probably won’t be enough to prevent the Highland station from advancing.

In a 2015 court case in Maryland, a local board wouldn’t give final approval to a compressor station because of air-quality issues, but a federal court ruled that FERC’s certificate overrode the local zoning.

Critics, however, repeatedly question whether the certificate of convenience and necessity is more related to the bottom line of the applicant than the convenience and necessity of the public, arguing that some FERC-approved projects are not needed at all.

Critics also charge FERC with using “segmented” environmental review of projects, which is a violation of the National Environmental Policy Act and, in 2014, a federal court specifically told FERC that should not be allowed.

It seems, however, that in the case of the Highland compressor station, segmented review will be impossible to avoid. In order to comply with the federal order, the Highland compressor would have to have undergone environmental review at the same time as the compressor stations in the towns of Hancock and Minisink, and both of those projects were completed a while ago with no mention of the Highland facility. Still, as FERC’s existing record shows, this oversight is not likely to pose a barrier to the project moving forward.

It’s becoming increasingly clear that the standards used by FERC to declare a pipeline or compressor station safe are not nearly adequate to protect human health. In a report in www.nofrackedgasinmass.org, reporter Mina Hamilton writes, “Compressor stations release huge amounts of toxins. These toxins include benzene, toluene, sulfuric oxide, and formaldehyde. Citizens within 1,500 feet of compressor stations in PA, TX, LA and other states have suffered from nosebleeds, rashes, headaches, sore throats, dizziness and nausea.

“Compressor stations also leak methane via valves and gaskets that weaken and leak from corrosion and thermal stress. A recent study by Cornell University scientists Bob Howard and Anthony Ingraffea estimates leaks. They found that anywhere from 3.6 to 7.9% of unburned methane leaks out at gas wellheads and along pipeline infrastructure before reaching end users.”

The negative impacts of these leaks have played out on the ground, as numerous people living near compressor stations have suffered illnesses, and at least one family in our region was forced to walk away from its home.

The cure to the FERC problem would be to have Congress take action. If Congress really had the welfare of the public at the top of its list of priorities, our elected officials in Washington, DC could rewrite the appropriate laws to make clear that the convenience, necessity and well-being of the public takes priority over the goals and objectives of any specific company or, in fact, industry.

It’s a nice dream, but as things stand now, the stop-the-compressor-station movement in the Town of Highland is fighting an uphill battle. But you might want to keep your eye on the presidential candidates and where they stand on fossil fuel development. Do they believe in transitioning away from all fossil fuels, including natural gas, as rapidly as possible, or do they believe in exploiting every last drop of natural gas left in the earth’s crust—along with accompanying infrastructure. Check out their websites and pay attention to what they say over the coming months. This is an area where national leadership could have a long-term impact on policy.

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