| Issuance 20190828-3090 | 08/28/2019 08/28/2019 | CP18-5-000 CP18-5-001 CP18-5-002 | Order on Voluntary Remand re Constitution Pipeline Company, LLC under CP18-5 et al. Availability: Public | Order/Opinion / Commission Order/Opinion |
| INFO FILE |
From: Anne Marie Garti <annemarie@garti.net>
Date: August 29, 2019 at 8:45:07 AM EDT
To: stop_the_constitution_pipeline@googlegroups.com
Subject: [Unconstitutional Pipeline] CP v FERC update
Reply-To: stop_the_constitution_pipeline@googlegroups.com
I laid out what just happened for the landowners. I thought I'd share this because it may answer some of your questions.
Anne Marie
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Date: Thu, 29 Aug 2019 08:41:26 -0400To: ED landownersFrom: Anne Marie Garti <annemarie@garti.net>Subject: CP v FERC updateGood morning,I'm writing to share some bad news. Late yesterday afternoon FERC issued an order declaring that the NYSDEC waived its right to deny the 401 water quality certification to Constitution because it did not act within one year of the initial application. Its decision is based on another case (Hoopa Valley) that was decided by the DC Circuit early this year. I gave the basic time line of what happened in my last email, which is pasted in below. (Scroll down to read it.)We briefed the case in the spring, arguing that FERC should not change its position. However, as we all know, FERC wants to approve pipelines, and Hoopa Valley gave it a reason to overturn its prior decisions. That's what it did yesterday. (The order is attached.)What happens next:Now we have to request rehearing of this decision. FERC will then issue a tolling order so we can't get into court.However, we also have our three-year-old challenge against FERC's certificate. The 2nd Circuit will now schedule oral arguments, so that may help us.Constitution also needs a 404 permit from the US Army Corps of Engineers before it can construct the pipeline. It's possible that the Army Corps will hold off on making a decision until the case is decided by the Supreme Court (see next paragraph), or another court.Another twist:On Monday (August 26), Trout Unlimited filed a petition for a writ of certiorari to the US Supreme Court regarding the Hoopa Valley decision. If the Supreme Court takes the case, it could reverse the DC Circuit's decision, undermining FERC's order. All of that takes time, so the goal now is to hold off construction until these other cases are decided. Of course, Constitution has the opposite goal.Stop the Pipeline (STP) will schedule a meeting in September to discuss all of this.STP may need to raise money. Over the past seven years you have received legal representation for free. This is a new round, so I hope all of you will contribute to the cause.Anne Marie---Date: Sat, 23 Feb 2019 07:28:00 -0500To: ED landownersFrom: Anne Marie Garti <annemarie@garti.net>Subject: CP v FERC updatehi everyone,I wanted to give you an update about Constitution Pipeline Company, LLC v FERC, D.C. Circuit Case No. 18-1251.I've written up a timeline to remind you of what this is about. I also want you to know that this is the most serious legal threat we've faced.On 10/11/17, Constitution petitioned FERC for a declaratory order that NYSDEC had waived its right to deny the 401 water quality certification. FERC opened docket number CP18-5 for this petition.https://elibrary.ferc.gov/idmws/file_list.asp?document_id=14609085STP and others intervened and filed comments.On 1/11/18, FERC denied CP's petition.http://elibrary.FERC.gov/idmws/file_list.asp?accession_num=20180111-3063On 2/12/18, CP requested rehearing.http://elibrary.FERC.gov/idmws/file_list.asp?accession_num=20180212-5149On 7/19/18, FERC denied rehearinghttp://elibrary.FERC.gov/idmws/file_list.asp?accession_num=20180719-3022On 9/14/18, CP filed a petition for review in the DC CircuitOn 10/22/18, FERC moved to put the case in abeyance, pending the outcome of the Hoopa Valley case.The court granted the motion, and ordered that a "motion to govern" be filed within 30 days of the Hoopa Valley decision.Hoopa Valley was decided on 1/25/19.Hoopa Valley Tribe v. FERC, 913 F.3d 1099 (D.C. Cir. 2019)FERC filed a motion late yesterday afternoon, asking the court to remand the case so that FERC can issue a new order based on the Hoopa Valley decision. (The motion is attached.)The D.C. Circuit will issue an order to remand.Once the order is issued, we have 30 days to file papers about why and how CP is different than Hoopa Valley.Once everyone files those papers, we have 20 days to file responses to the other side. (Yesterday afternoon FERC said we'd get 30 days, but when FERC filed the papers, it changed it to 20 days.)Everyone who intervened has the right to file legal papers. Everyone else can comment.FERC can either distinguish Hoopa Valley, and continue to say that NYSDEC did not waive, or it can decide that DEC waived. The purpose of the remand is for FERC to decide.I assume the order will be issued next week, but I'm not sure. I'll forward it once it's issued, and then we get 30 days.Anne Marie
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| NYSEG Rate Case |
Potential talking points:
At the public statement hearings, tell YOUR story and experiences with utility bills &/or your opinion about our energy future. Sample sentence starters might be: “When I receive my utility bill, I feel… “ or “I think that NY residents deserve a future that includes …”
- End Investment in Gas Infrastructure. Expanding gas infrastructure is both an environmentally and economically unsound investment and should be abandoned.
- Rather, subsidize beneficial electrification, which includes MORE funding for electric transit buses and school bus fleets, electric vehicle charging stations, and clean heating and cooling technologies [heat pumps].
- Develop income based programming and incentives for energy efficiency and heat pump technologies, so that everyone in our community can afford these technologies, and to meet the 5TBtu reduction in energy usage from heat pumps the State requires.
- Improve our energy infrastructure to better accommodate renewable energy sources, including distributed energy resources (e.g., solar, battery storage).
- Improve storm preparedness and the resiliency of our electric grid to reduce power outages.
- Reduce electricity fixed charges to $6. RG&E/NYSEG has the highest electricity fixed charge in the state, at $21.38. Fixed charges unevenly impact low and moderate income residents who typically use less energy, but pay as much in fixed costs.
- End Winter Shut-offs. Other utilities – including United Illuminating, a subsidiary of RG&E’s parent company – prohibit the inhumane practice of winter shut-offs due to inability to pay. RG&E can too! Automatic referrals to energy efficiency and energy assistance programs should be standard practice for those struggling to afford their energy bills.
- Make them Go Green to earn green $$. Shift to a performance-based incentive structure built on achieving affordable green energy goals to reform NYSEG/RG&E’s revenue model.
- Require that RGE collect the gross receipts tax when a municipality creates a Community Choice Aggregation (CCA) program. This would allow the City of Rochester and other cities in RG&E/NYSEG territory to procure affordable carbon-free electricity for all their residents and small businesses.
- Require consolidated billing so that community solar or other community distributed generation (CDG) projects would have their credits and costs on the same bill. Currently, the utility bill only includes the credits, requiring customers of CDG projects to get a second bill for the solar energy, which is slowing the growth of our local renewable energy industry.
