March 29, 2024
Letter

FERC files a response

Dick Hoyt’s Dec. 28 op-ed about the Federal Energy Regulatory Commission and liquefied natural gas is so full of factual errors and wild-eyed conjecture that it begs a response.

First, Hoyt charges that Congress gave away local autonomy in siting LNG facilities. Wrong. The Energy Policy Act of 2005 preserved state siting of LNG facilities, since FERC does not authorize use of eminent domain to acquire land rights, which remain governed by state law. The law actually strengthened the ability of states to conduct safety reviews.

Second, Hoyt asserts that all three members of the commission are Republicans, stating “no Democratic members have been appointed by the Bush-Cheney regime” and “where are the Democratic appointees to [FERC]?” Wrong again. Commissioner Suedeen Kelly is a Demo-crat, and rather proud of it.

Hoyt laments that President Bush has had nearly six years to nominate a Democrat, has failed to do so, and calls on Congress to investigate. Once again, wrong. Commissioner Kelly was nominated by President Bush to FERC not just once, but twice. The Senate confirmed her both times.

Third, Hoyt makes much of Chairman Joseph T. Kelliher’s previous employment with the law firm of LeBoeuf, Lamb, Greene & MacRae. It is a matter of public record that Chairman Kelliher severed all ties to LeBoeuf, Lamb five years ago.

Fourth, Hoyt asserts that Commissioner Nora Mead Brownell was the sole commissioner to vote against authorizing an LNG import terminal in Massachusetts. Wrong again. It was Commissioner Kelly who voted against the Weavers Cove project, not Commissioner Brownell.

Fifth, Hoyt laments that FERC decisions cannot be appealed to the president or Congress. Decisions by federal regulatory agencies, including FERC, are subject to judicial review by the courts, not politicians, and FERC decisions must be supported by the facts and the law. That is the norm for all federal agencies.

The Quoddy Bay LNG project is at the pre-filing stage of the regulatory process. Citizens can track all activity related to the process by going to FERC’s e-library Web page, http://www.ferc.gov/docs-filing/elibrary.asp, and search for the Quoddy Bay project, which is docket number PF06-11-000. Also, through our eSubscription service anyone can subscribe to specific dockets to be notified via email about future correspondence regarding Quoddy Bay.

Bryan Lee

Director Press Services

Federal Energy Regulatory Commission

Washington, D.C.


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