Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
other aggrieved parties,1 Alisa Lykens, Branch Chief within the Office of Energy Projects
approved Algonquin Gas Transmissions (Algonquin) request for a notice to proceed with
construction of several project facilities located in Connecticut and authorized under the
certificate for the project issued by the Commission on January 25, 2017. Because the
Commission lacks a quorum, and Ms. Lykens, as Branch Chief, lacks authority under either
the Commissions delegation regulations or under the terms of the certificate itself, the
approval of the notice to proceed is a nullity. Moreover, even if the grant of Algonquins
notice to proceed is deemed to have force and effect, it violates the express terms of the
Condition 9 of the Certificate because Spectra has not obtained all required federal
Accordingly, Food & Water Watch, Fore River Residents Against the Compressor
Station (FRRACS), Weymouth Councilor Rebecca Haugh, 350 Massachusetts South Shore
Node, Eastern Connecticut Green Action, Stop The Algonquin Pipeline Expansion, Safe
Energy Rights Group, Toxics Action Center, Dragonfly Climate Collective, 350 Connecticut,
Berkshire Environmental Action Team, No Fracked Gas in Mass., West Roxbury Saves
Energy,
Keep
Yorktown
Safe,
and
Grassroots
Environmental
Education
(Coalition)
seek
1
See
Protest
of
Food
and
Water
Watch,
FRAACS
et.
al.
Opposing
Algonquins
This request is filed pursuant to 18 C.F.R. 713 (providing for rehearing) and 18 C.F.R.
1902 (providing that any staff action taken pursuant to delegated authority is a final
1.
Does
the
letter
granting
Algonquins
notice
to
proceed
have
any
force
or
effect
given
that
the
Commission
lacks
a
quorum,
and
Ms.
Lykens
has
not
been
delegated
authority
under
the
Commissions
regulations
or
the
certificate
to
approve
a
notice
to
proceed.
No.
Because
the
Commission
lacks
a
quorum
and
cannot
rule
on
the
Coalitions
pending petition for rehearing or stay request, it similarly lacks authority to approve a
notice to proceed. Moreover, neither 18 C.F.R. 375.308 which lists the Commission
functions delegated to the Office of Energy Projects, nor the Certificate, which requires the
Director of the Office of Energy Projects to approve a notice to proceed, grant a Branch
not begin until all federal authorizations have been provided. Here, Algonquins
ARGUMENT
Rehearing and a Motion for Stay on February 24, 2017 to the Federal Energy Regulatory
Commission
(FERC)
on
the
project,
and
there
is
no
quorum
at
the
Commission
following
the
resignation
of
Chairman
Bay
on
February
3,
2017.
While
FERC
staff
issued
a
tolling
order in response to Rehearing Requests for the Atlantic Bridge project on March 27,
2017, there can be no response to the substance of our Rehearing Request nor a response
to our Motion for Stay in the absence of a quorum. Three other parties have submitted
Rehearing Requests, including the Town of Weymouth, Sandra Peters and Michael and
Lori Hayden. Also, the Town of Weymouth and Sandra Peters submitted Motions for Stay.
It is unfair for FERC to proceed with granting Algonquins Request for Notice to Proceed
(NTP) with construction in CT without first responding, at the very least, to our stay
Office of Energy Projects. However, she lacks any authority to make this decision.
Unless the Commission delegates its authority, the Commission itself must make a
decision in all proceedings, particularly in contested actions. Because this scheme would
385.308. However, a quick review of this regulation does not indicate that the
Commission delegated authority to either the Office of Energy Projects (OEP) or Branch
Condition 9 of the Certificate provides that the Director of OEP can provide written
Chief, not a Director. Moreover, the Director cannot now retroactively authorize the
branch chief to act because this sub-delegation would also require Commission approval
B.
The
NTP
Violates
the
Certificate
Condition
9
of
the
Certificate
requires
an
applicant
to
submit
proof
of
receipt
of
all
federal authorizations prior to being able to commence construction. Here, not all of the
federal permits have been issued. The Massachusetts Coastal Zone Management Agency
will not review the project until August 2017, and the Massachusetts Department of
Environmental Protection (MassDEP) has not issued a Chapter 91 Waterways license. The
MassDEP, where the matter is currently stayed, and, in a further complication, the Town of
Weymouth is suing Spectra and the company that sold the land to Spectra, Calpine, because
the sale apparently involved illegally subdividing the land. Also, the New York State
Department of Environmental Conservation has not issued the Section 401 permit under
For the foregoing reasons, the Commission should declare the NTP null and void, or
alternatively, find that the grant of the NTP violates the terms of the certificate and should
be rescinded. No NTP should be issued until all approvals under federal law are granted.
Respectfully
submitted,
Karina
Wilkinson
c/o
Food
&
Water
Watch
142
High
Street,
Suite
501C
Portland,
Maine
04101
kwilkinson@fwwlocal.org
Alex
Beauchamp,
Northeast
Region
Director
Food
&
Water
Watch
147
Prince
St.
4th
Floor,
No.
7
Brooklyn,
New
York
11201
abeauchamp@fwwatch.org
Alice
Arena,
Lead
Fore
River
Residents
Against
the
Compressor
Station
6
Blueberry
Street
Weymouth
MA
02188.
Aliceandrob88@gmail.com
Rebecca
Haugh,
Weymouth
Councilor
34
Evans
Street,
Weymouth
MA
02191
rebecca.a.haugh@gmail.com
Laura
Burns,
Co-Coordinator
South
Shore
Node
350
Massachusetts
for
a
Better
Future
232
Leavitt
St.
Hingham,
MA
02043
Laura.burns@verizon.net
Lois
Happe
Eastern
Connecticut
Green
Action
10C
Sycamore
Drive
Storrs,
CT
06268
lkhappe@yahoo.com
Courtney
Williams
Stop
The
Algonquin
Pipeline
Expansion
29
Highland
Road
Rye,
New
York
10580
mazafratz@yahoo.com
Claire
B.W.
Miller,
Lead
Organizer
Toxics
Action
Center
MA:
294
Washington
St,
Suite
500,
Boston,
MA
02108
CT:
2074
Park
Street,
#210
Hartford,
CT
06106
Claire@toxicsaction.org
350
CT
Ben
Martin,
Steering
Committee
329
Ward
St
Wallingford,
CT
06492
organizers@350CT.org
Dan
Fischer,
Co-Founder
Dragonfly
Climate
Collective
(formerly
Capitalism
vs.
the
Climate)
272
Huyadi
Ave
Fairfield,
CT
06824
dfischer@riseup.net
Nancy
S.
Vann,
President
Safe
Energy
Rights
Group
201
Union
Ave
Peekskill,
NY
10566
nancy@SEnRG.org
Jane
Winn,
Executive
Director
Berkshire
Environmental
Action
Team
29
Highland
Avenue
Pittsfield,
MA
01201
413-230-7321
jane@thebeatnews.org
Rosemary
Wessel,
Founder
No
Fracked
Gas
in
Mass
90
Trow
Road
Cummington,
MA
01026
wsrw@verizon.net
Rickie
Harvey,
Chair
of
Steering
Committee
West
Roxbury
Saves
Energy
158
Wachusett
Street,
Unit
3
Jamaica
Plain,
MA
02130
wrse@westroxburysavesenergy.org
Paul
Moskowitz
,
Spokesperson
Keep
Yorktown
Safe
2015
Hunterbrook
Road
Yorktown
Heights,
NY
10598
spinorbit@hotmail.com
Patricia
Wood,
Executive
Director
Grassroots
Environmental
Education
52
Main
Street
Port
Washington,
New
York
11050
pjw@grassrootsinfo.org