12/9/15 letter/exhibits regarding recent disclosures by Pacific Connector Gas Pipeline in its 11/4/15 Data Response to FERC's 10/14/15 Data Request for info relating to Pacific Connector's application for a certificate of public convenience and necessity.
12/09/2015ANDYE Bennett m\NE W. TiENSON, p.c. ttienson@lbblauyers. com Blumstein LLP Admitted in Oregon and Washington ATTORNEYS December 9, 2015 Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street N.E. Washington, D.C. 20426 Re: Pacific Connector Pipeline, Docket No. CP13-492 375.308(x)(3) Dear Ms. Bose: I am writing on behalf of landowners that will be directly impacted and harmed by the proposed Pacific Connector Gas Pipeline including Robert Barker (FERC Intervenor}, John Clarke [FERC Intervenor), Oregon Women's Land Trust [FERC Intervenor), Evans Schaaf Family LLC, Stacey McLaughlin and Craig McLaughlin. I am writing to respond to the recent disclosures by Pacific Connector Gas Pipeline LP ("Pacific Connector LP") in its November 4, 2015 Data Response to FERC's October 14, 2015 Data Request for information relating to Pacific Connector's application for a certificate of public convenience and necessity ("certificate"] for the Pacific Connector Pipeline. We believe that Pacific Connector LP's admission that it does not have a single confirmed customer and has only obtained 4.7% of the right-of-way easement acreage and 2.8% of the construction easement acreage is very significant These factors should be considered by FERC along with the recent crash of the Pacific Rim LNG market that the Jordan Cove and Pacific Connector projects were specifically designed to serve. In light of this evidence and the impact that authorizing eminent domain would have on approximately 630 landowners along the pipeline route, we believe that FERC lacks an evidentiary basis to find the Pacific Connector Pipeline is in the public interest. Consistent with 7 of the NGA and FERC's certificate policy statements, FERC should therefore deny Pacific Connector LP's request for a certificate. 1. Sect. 7 of Natural Gas Act and FERC's own certificate policies require an affirmative showing the Pacific Connector Pipeline is in the public interest and this showing cannot be satisfied merely by meeting the standard applicable to Sect. 3 LNG terminal approvals. The Office of Energy Projects' October 14, 2015 Data Request was right to question Pacific Connector LP's assumption that it could avoid meeting the criteria in 7 of the NGA for issuance of a certificate by showing that the Jordan Cove LNG terminal would not be inconsistent with the public interest under 3 of the NGA. 15 U.S.C. 717(b], [f]. As FERC Oregon: 1300 Southwest FifthAvenue,Suite 3500 Portland, Oregon 97201 Tel: 503.224.4100 Fax: 503,224.4133 Alaska: 701 West Eighth Avenue, Suite 1200 Anchorage, Alaska 99501 Tel: 907.276.3152 Fax:907.276.8433 ANDYE Bennett Blumstein LLP ATTORNEYS December 9, 2015 Page 2 has explained when it rejected a requested certificate for ...