FERC Hearing Done. What Happened, What's Next.
By Dale Hardman-October 22. 2012
The Federal Energy Regulatory Commission (FERC) had their last hearing on the draft Environmental Impact Statement (EIS) at Ferris High School (Oct 19th) that's required for the Spectra Energy proposed pipeline route through Jersey City.
They lost!
Jersey City's residents, politicians, elected officials, municipal government, developers, small business owners, environmental group leaders and school children were all there in large numbers, despite the rain, to say no. They made how they felt known by holding signs that said "No Gas Pipeline".
All the comments made by those in opposition were eloquent, impassioned, informative and simply stated in large part, all saying no gas pipeline in Jersey City.
And then there was the Union, mostly dressed in orange, holding big YES signs courtesy of Spectra. They stood in back, haranguing the speakers, loudly yelling, interrupting any speaker who brought issue with FERC's third party prepared draft EIS. FERC did nothing to stop them until near the end when the police were brought in about 11pm to provide some appearance of control.
FERC 's Kara Harris who presided, said "We need to wrap it up by 11," as the audience shouted her down, "You're stopping us from speaking out ... Got to make your train or plane back to Washington?" Last August, in brutal heat and humidity with no air conditioning, the meeting went on for five hours and the prospect of being there until midnight was on FERC's mind.
LeFrak, the developer of Newport Mall and most of the waterfront, had Marcia Boyle,VP, Director of Development speak out and she spoke of how they had over 12,000 residents and numerous corporate and financial clients all opposed to the pipeline going through Jersey City. Ms. Boyle said their property adjacent to where Spectra would build their pipeline, would generate over $1 billion in revenues and provide for over 13,000 jobs over the next 20 years, but not if this pipeline was built here. She was shouted down by the union members dressed in orange.
John Thieroff, a former gas and energy analyst, spoke about the record dividends, over one billion dollars, paid out to Spectra's stock shareholders and how Spectra's push to build this pipeline over land is to drive Spectra's dividends up and not take a loss by building through the Hudson. (See John's blog on our site about the claims Spectra is making about the number of jobs that will be created by the building of the pipeline.)
This reminds me of another arrogant energy company who refused to spend extra money to provide for the safety of their oil rig in the southern gulf, BP. I call Spectra's plan, "BP on Land."
We Won! Or did We?
There's no question that if FERC's ruling on the Spectra pipeline was dependent on the comments made at this final hearing and the petitions and meetings held over the last 18 months that we would be the winners. But in real life, that's not how it works. FERC will no doubt declare Spectra the winner, maybe make some slight adjustments to the pipeline construction or noise amelioration, but the sum is this pipeline will be built through Jersey City.
What Really Happened?
FERC meetings are held to assuage the public that a sane, rational, reasonable process is in place to alter whether gas pipelines get built, where they travel and that the public may alter the routes or even if gas pipelines get built. Any who saw Josh Fox's, Gasland, know different. But the honest answer is the public has no say in the outcome except to comment or file as an intervenor, as FERC regulates the outcome 100% as authorized by Congress and as appointed by the President. With both our Governor and our President embracing so-called "natural gas" as the key component to solve our energy needs over the next years, we are fighting a difficult battle to stop this Jersey City pipeline.
What's Next?
Next is FERC will issue a "Notice of Availability of the final EIS" that is listed as January 27, 2012. Then FERC has scheduled a "90-day Federal Authorization Decision Deadline" of April 26, 2012. This is when FERC says they would make their ruling on the pipeline. However, this is stated as FERC's "...planned schedule for completion of the final EIS for the Project." But FERC hedges the schedule by stating that, "If a schedule change becomes necessary, an additional notice will be provided so that the relevant agencies are kept informed of the Project's progress." In other words, FERC decides when it wants to.
How Might We Stop Spectra's Pipeline?
We can only stop FERC and the Spectra Energy gas pipeline coming through Jersey City by someone filing a suit in federal court against FERC's upcoming ruling in favor of Spectra Energy's proposal. All the intervenors qualify on the surface to sue FERC. However, the only ones likely to do so are possibly the Mayor of Jersey City, possibly LeFrak and NO Gas Pipeline.
Will the Mayor Sue FERC in Federal Court?
Jersey City must sue FERC in Federal Court in order for us to stop Spectra Energy's pipeline. This is done after FERC makes their ruling next year in 2012. However, just as NO Gas Pipeline sought intervenors to declare early they would sue, so far the Mayor has made no such statement to sue FERC. The only party to declare they would sue FERC is NO Gas Pipeline. NO Gas Pipeline must be recognized by the federal court judge to have legal standing to sue. How do we prove legal standing?
What YOU Must do for us to Stop Spectra.
NO Gas Pipeline has done everything possible in meeting with community groups, working with the Mayor's office, building a professional web site thanks to co-founder of NO Gas Pipeline, Stephen Musgrave, informing the press, getting petition signed throughout Jersey City and online, working with Sane Energy Project in New York City and hiring the only public benefit law firm in New Jersey, The Eastern Environmental Law Center, to represent NO Gas Pipeline. Still all of this pales in getting legal standing. It's the proof of membership that garners us a 50% chance before a federal judge. However without suing their is 0% chance of stopping Spectra Energy's pipeline.
So what's next is everyone you know, yourself, your partner, your friends, your acquaintances, politicians, elected officials, those that say they are against the pipeline, ask them this question: "But have you signed their membership form and paid for membership?"
Many of you signed petitions and we thank you for doing so. However, no matter how many times you signed petitions, unless you gave us money, even if as little as a dollar you're not a member.
Click here to become a member >
Thanks!
Thanks to all of you who came to the FERC meeting on October 19th, made signs, spoke out or signed petitions or have become members. Your passion, determination to stay late, speaking out, the signs created by our board member, Kirsten Greene made with Jennifer Morrill, Press Secretary for Mayor Jerramiah Healy and each of the children who helped make the signs, each of you are part of the best of Jersey City and you all deserve a big hug. We all thank you very much.
Video Highlights
Video is courtesy of Jersey City List , who put this video together of last night's hearing. It features edited comments from a selected few of the dozens of speakers opposed to the pipeline.
