Submission Description: (doc-less) Motion to Intervene and Protest of StopNED under CP16-21-000.
Submission Date: 1/15/2016 10:44:48 AM
Filed Date: 1/15/2016 10:44:48 AM
CP16-21-000 Application for a Certificate of Public Convenience and Necessity (Northeast Energy Direct Project)
Filing Party Signer (Representative)
Other Contact (Principal)
Basis for Intervening:
Pursuant to Sections 212 and 214 of the Rules of Practice and Procedure of the Federal Energy regulatory Commission (the “Commission”) promulgated at 18 C.F.R. 382.212 and 385.214, StopNED respectfully (1) moves to intervene in the Tennessee Gas Pipeline Company, LLC Docket #: CP16-21-000, regarding the application (the “Application”) of Tennessee Gas Pipeline Company, LLC (the “Company”) for a certificate of public convenience and necessity for the Northeast Energy Direct (“NED”) project, and (2) protests the proposed project as well as the Commission’s acceptance of an incomplete application.
StopNED is a grassroots coalition of leaders of impacted communities in Massachusetts and New Hampshire which have organized to oppose the NED fracked gas pipeline project. Our mission is to provide education about the negative health, safety, environmental, and economic impacts from the pipeline, to oppose ratepayer forced risk-taking of funding the construction of fossil fuel infrastructure, and other forms of opposition support while at the same time pursuing legislation for a clean energy future of reduced reliance on fossil fuels, increased efficiency, expanded renewable technologies, and mandated repairs of existing infrastructure.
StopNED seeks to intervene in opposition to the proposed NED project. StopNED’s interests that may be directly affected by the outcome of the proceeding include:
- The pipeline is not in the interest of the public good. It directly and negatively impacts our member communities.
- Our communities have passed Non-binding Resolutions in opposition to the pipeline. Our Resolutions identify the concerns expressed by our communities related to their rights to clean air, clean water, and a future with a reduced reliance on fossil fuels.
- Our communities are now represented on two different Alternative routes, the Massachusetts Alternative Route and the Massachusetts Route 2, Article 97 Co-Location Hybrid Alternative Route. Our presence on alternative routes puts us squarely in the sights of this pipeline project.
- Many conservation and agricultural parcels are put at risk within our communities due to this proposal. Some of these parcels are permanently protected by the Commonwealth of Massachusetts, some by the municipalities, and some by private landowners. All actions taken to preserve these lands were intended to be permanent meaning into perpetuity, not until a commercial entity came along to take it.
- StopNED has spent countless hours working with directly and indirectly impacted residents, leaders of directly impacted communities, and legislators of impacted constituencies to stop the Kinder Morgan Tennessee Gas Pipeline.
Pursuant to 18 CFR 157.10(a)(1), StopNED respectfully requests a formal hearing on the Application, including the environmental impacts of and public need for NED.
StopNED is applying to intervene in the interest of the public good. Our interests cannot be adequately or completely represented by any other party and in accordance with the Commission’s Rules of Practice and Procedure, we believe we satisfactorily meet the conditions for intervention because our participation is in the public interest. We have a direct and substantial interest in the outcome of this proceeding. Therefore, StopNED requests that the Commission grant this motion to intervene.
Kinder Morgan Tennessee Gas Pipeline filed their formal application for the proposed Northeast Energy Direct project as Docket CP16-21. PF14-22 is now inactive.
Click the map for larger view.
The FERC filing can be found here on No Fracked Gas in Mass.
Prepare to intervene. The 21-day window is anticipated to be 12-7 thru 12-28.
Last week, Rep. Sheila Harrington and her GOP legislator friends in the House commented to FERC about their commitment to a clean energy future and their thoughts on protecting constitutionally protected public lands. So, we sent her a thank you.
Please help us, and our friends at PLAN-NE, get out the word that FERC is not the only game in town.
As you may know, the recently formed Pipe Line Awareness Network for the Northeast, Inc. (PLAN-NE) is engaging in state regulatory proceedings to challenge Kinder Morgan’s contracts with local gas distribution companies such as National Grid, Liberty Utilities, Berkshire Gas, and Columbia Gas. These sort of contracts are what FERC would look at to determine whether Kinder Morgan has established a “need” (market demand) for the pipeline. If Kinder Morgan does not receive state approval for each of these contracts, we believe it will be very difficult for them to proceed with the project. So far, technical review suggests that “need” is seriously overstated.
In order to strengthen the position of PLAN-NE as an intervenor in these proceedings, we want as many members as possible. We will not need to disclose your identity, but it is important that we be able to attest to the fact that we have ratepayers and affected landowners among our membership. While there is not a minimum financial contribution required to become a member, we do need funding to proceed. (MassPLAN is helping to fund this effort, so if you have previously given to the MassPLAN Legal Fund, your contribution is helping to pay for these legal costs.)
***Please become a member of PLAN-NE today by filling out this form!
***We also would like to collaborate with municipalities that are interested in intervening, and we can schedule a meeting with our attorney, Richard Kanoff, if this is something your municipal leaders would like to discuss.
***What else you can do:
– File your own comments by May 5th
per the official notice
in the Columbia Gas and National Grid DPU proceedings.
– Email your comments to:
– Participate in the hearing in Boston on May 7th.
The Docket Numbers to reference pertaining to these NED contracts (called “precedent agreements”) are DPU Docket No. 15-39 (Columbia Gas), 15-34 (National Grid), and 15-48 (Berkshire Gas – comments due May 22nd for this one; hearing May 26th).
Basic talking points:
– If you are a gas ratepayer with any of these companies, specify which one
– If you are an affected landowner, specify
– Ask that hearings also be held in the service areas for these companies
– Express your array of concerns regarding this oversized “solution” — environmental, economic, etc.
– A targeted solution to reduce winter demand peaks would allow the utilities to expand their customer bases. The only capacity constraints we have heard about are during winter peak demand times (a few hours per day, a dozen or so days per year). These solutions include seriously addressing leaks in the distribution systems and helping with insulation and weatherization, as well as increased storage of alternative fuels for peak demand.
– Request a stay of these precedent agreement proceedings until DPU Docket No. 15-37 has resolved the regulatory and legal framework relating to possible longterm contracts by electrical distribution companies.
The outcome of this investigation could be a game changer in terms of the viability of Kinder Morgan’s proposal. Docket No. 15-37 is an investigation “into the means by which new natural gas delivery capacity may be added to the New England market, including actions to be taken by the electric distribution companies.” In other words, a major question on the table is how to get electric ratepayers to pay for new gas infrastructure (in addition to funding by gas ratepayers in conjunction with the precedent agreements currently under review).
And please share this message with your local network.
The StopNED Coalition’s Alternative Solutions Team has launched a petition to Massachusetts Governor Charlie Baker urging him to implement key policies regarding energy policy, natural gas, and climate change. Governor Baker is aggressively promoting natural-gas pipeline expansion for Massachusetts and New England. He is also championing statewide or regional tariffs on electric ratepayers to pay for new gas infrastructure.
The governor will meet with the other five New England governors at the end of March or in early April with the stated intention of coming up with a joint plan to bring more gas pipelines into the Commonwealth and the region. 
The petition was developed to send a message to the governor that citizens want and need policies that exclude greater use of natural gas or any fossil fuels. Any person or group who supports the goals in the petition is invited to circulate it. Please share widely!
THIS PETITION MAY BE SIGNED ONLINE HERE
This petition has no deadline. When you have a good batch of signatures, write to us at firstname.lastname@example.org so we can arrange to pick them up. Or you may decide to deliver your signatures to the Governor directly. If you do, please keep copies of your signature pages, and let us know the count at email@example.com. This is always where you can direct questions & comments.
This petition is one of many ways to speak out to the Governor. Contact information for reaching Governor Baker via post card, letter, email, phone, FAX, or Tweet is listed below.
Get the print version HERE
Thank you for supporting a clean energy future!
StopNED Coalition Alternative Solutions Team
Contact Governor Charlie Baker:
Massachusetts State House
Office of the Governor
Boston, MA 02133
Phone: 617.725.4005 or 888.870.7770 (in-state)
Email contact form: http://www.mass.gov/governor/constituent-services/contact-governor-office/
Tweet to: @MassGovernor
 News coverage of Baker energy policy:
Gov. Charlie Baker: Increased gas capacity, along existing rights of way, critical to lowering energy prices
[especially the video clip]
Baker stresses energy costs as key to competitiveness
Baker calls for input on paying for gas pipeline through electricity bills
We have created a feedback form to consolidated input about open house experiences. Having all of this data in one place will help us find inconsistencies in the answers people were given by Kinder Morgan, and help prepare for scoping hearings.
Thanks for any feedback you provide — whether you found something you heard surprising, troubling, or dubious. – Katy Eiseman & Cathy Kristofferson for the StopNED Coalition Landowner Outreach Team
** UPDATE **
Happy to add Celebrity Chef Michael Dussault straight from Gordon Ramsay’s Hell’s Kitchen Season 14 to the team – Dinner is going to Rock!
Two floors of Entertainment are going to Rock!
Music by Yardsale Rejects with special guest The Rock Snowmen – performing The 99% UnderScore performs upstairs at @The Billiard’s Cafe
Dinner Buffet Compliments of Grumpy Chef and Lucia’s Tavola with special Guest Chef Michael Dussault – straight from Gordon Ramsay’s Hell’s Kitchen Season 14.
Tickets online Eventbrite https://stopnedparty.eventbrite.com/
Pay at the door Reserve online through OpenTable @ www.Markohs.com or you can call Markoh’s on Main to reserve your spot. Please reserve, space is limited.