Tag: FTTF

ACTION ALERT: Keep the Pressure on to Scrap-NESE

THANK YOU!

Over 4,500 people signed online petitions to the NJDEP and/or to Governor Murphy that included reasons for the NJDEP to deny the June 12, 2019 permit applications.  More comments were emailed or submitted in writing to the NJDEP during the comment period for this 3rd set of applications, but we do not know how many.

YOUR COMMENTS TO NJDEP & GOVERNOR MURPHY ARE STILL NEEDED

Keep telling NJDEP and your elected representatives that you want the DEP to deny the permit applications for NESE. Attached below are reasons that you can use in your comments.

NJDEP is required to apply regulations from their Freshwater Wetlands Protection Act Rules, Flood Hazard Area Rules, Stormwater Management Rules, Coastal Zone Wetland Rules and any other applicable regulations in deciding whether or not the applications for NESE meet NJ standards.  For the Coastal Wetlands & Waterfront Development permits, NJDEP needs to make a decision by Friday, October 25.  For the Flood Hazard Area permit, a decision is due by Tuesday, October 29. 

Since the NJDEP accepts new information from Williams/Transco about the pending permit applications for NESE after the end of the comment period, people should send comments about this new information to NJDEP.  Williams/Transco responded to comments sent to the NJDEP on September 4 & 9, 2019.  These documents, sent to NJDEP, are attached below.

At this time, the applications do not meet standards in the regulations for (1) Surface Water Quality, (2) Protecting Threatened & Endangered Species and the Bayshore Economy, (3) Avoiding Exceptional Resource Value Wetlands, and (4) Public Interest / Compelling Public Need.  Additionally, (5) NESE hinders meeting clean energy goals of the State.

  1. Construction of the NESE Project threatens surface water quality, increased stormwater flooding, and threatened & endangered species and their habitats.
    • From construction in Raritan Bay –  
      • Unearthing toxics above levels acceptable in the regulations
      • Generating turbidity (clouding the water) that would interfere with designated use of the waters
    • From construction of the Madison Loop –
      • Digging in acid-producing soils would result in poor re-vegetation on steep slopes and could lead to excess runoff into wetlands (some of which are classified as “exceptional resource”).
    • From the design of the retention basin for Compressor Station 206 – 
      • This will not adequately address stormwater runoff.
      • NOTE:  Williams/Transco made similar errors that NJ DEP failed to detect and correct in the design and construction of a recent compressor station in Chesterfield Township (“Garden State Expansion” project).
  2. Construction of the Raritan Bay Loop, with its newly proposed shorter schedule, threatens the health of marine life, habitats, benthic and shellfish communities, and the economy of the region due to suspension and spreading of toxins from beneath the seafloor, noise from construction, and limited access to construction space in the Bay for commercial and recreational activities.
  3. Williams/Transco did not demonstrate that there are no practicable alternatives to avoid impacting exceptional resource value wetlands and their transition areas at the proposed CS206 site and Madison Loop.
  4. NJDEP explained that Williams/Transco did not demonstrate (1) that the proposed NESE Project serves an essential health or safety need of the municipality in which it is proposed; (2) that the proposed NESE Project serves existing needs of residents of the State; and (3) that there is no other means available to meet the established public need.   NESE does not meet the “public interest” criteria because: 
    • There is no “compelling public need” for it – It does not provide a public health or safety benefit, and, additionally, NY does not need this gas.  Rather, NESE:
      • threatens our air and water quality from methane and other toxic releases, 
      • negatively impacts our health from Compressor Station 206 emissions, 
      • poses safety risks (fires or explosions) from increased velocity of transporting natural gas through pipelines that are 50+ year old which will impact the rate of corrosion, and 
      • increases risks of flooding at the CS206 site from an inadequately designed retention basin.
    • It doesn’t preserve natural resources, and
    • There would be a negative impact on the shore economy by dredging up toxins from the floor of the Bay which would harm the health and safety of marine life and of Bayshore communities.
    • NOTE:  FERC’s 5/3/19 Certificate of Public Convenience & Necessity was not based on criteria NJDEP needs to use to determine public interest / compelling public need.
  5. The NESE Project’s greenhouse gas emissions and methane leaks would undercut the State’s goals to address Impacts on Climate Change.  Based on the responses from the public and political leaders, there is growing support for these goals.

The NJDEP makes the decision about the permit applications.

Send your comments to New Jersey’s DEP Project Managers & copy others who should read your comments:

TO:

NJDEP Project Managers: 
Joslin Tamagno Joslin.Tamagno@dep.nj.gov
Steve Olivera Stephen.Olivera@dep.nj.gov 

COPIES TO:

Governor Phil Murphy Constituent.relations@nj.gov
Christopher Jones, Manager – Land Use Christopher.Jones@dep.nj.gov 
Catherine R. McCabe, NJDEP Commissioner Commissioner@dep.nj.gov 
Diane Dow, Director – Land Use Diane.Dow@dep.nj.gov 
Virginia Kopkash, Assistant Commissioner – Land Use Ginger.Kopkash@dep.nj.gov 
Ruth Foster, Director – Permit Coordination & Environmental Review Ruth.Foster@dep.nj.gov 

Governor Cuomo & Mayor DeBlasio, along with many other elected officials in NJ & NY, have voiced their opposition to the NESE Project.  

On WYNC’s September 24, 2019 Brian Lehrer Show, NY’s Governor Cuomo said the following about the NESE Project:  “We have taken a position: We’re against the pipeline. That’s our position.” About National Grid, he said that the investigation should be complete in a few weeks and, when asked about negotiating with National Grid, he stated, “… If they’re extorting people and wrongly turning off gas service to homes to create political pressure, I’m not negotiating over that.  That’s extortion. That’s a crime.” Listen to the interview, and hear more about his comments on the NESE Project and National Grid below starting at 7:00.

Governor Murphy hasn’t spoken out about NESE despite the fact that this project undermines the New Jersey Board of Public Utilities (NJBPU) 2019 Energy Master Plan’s 2050 Clean Energy goal.

ACTION ALERT: Call or write to your NJ State Legistlators

There are many reasons why NJDEP should deny permits for the NESE Project, but they need to know that your representatives oppose it.

We know that the Northeast Supply Enhancement (NESE) Project threatens our health, safety and the quality of our waters and air.  Construction of NESE also puts threatened and endangered species in harm’s way.

  • The NYSDEC and NJDEP people reviewing the water permit applications are required to apply state regulations in their decision-making.  
  • Elected officials hear from their constituents, and there are certainly behind-the sense conversations that include lobbyists of Williams/Transco.
  • Though we have sent many comments to the NJDEP and do not know exactly what will make a difference in their decision-making process, it is important that we all let our elected officials know how we feel about the NESE Project.

SOME REASONS WHY THE NJDEP SHOULD DENY THE PERMIT APPLICATIONS

  • The applications do not comply with state regulations for Surface Water Quality, Stormwater Management, and showing a “compelling public need” for moving gas across NJ to NY.
  • This project would not benefit New Jersey in any way since the gas would all go to New York.  Instead, we would be faced with all of the safety and environmental consequences. 
  • NESE would create more air and water pollution for the entire region.
  • The NESE pipeline would cut through waterfront areas into the bay, increasing coastal flooding and dredging up toxins in the Raritan Bay.  When you cut through a bay like the Raritan, it has an impact on the fisheries as well as the ecology of the Bay.  The fish, plants and other living creatures in the Bay would be threatened by this pipeline.
  • This pipeline would cut through the already polluted and sensitive Raritan Bay and the New York Bay.  Construction would disrupt 1 million cubic yards of contaminated sediment such as arsenic, lead and PCBs, putting toxic chemicals into the Raritan Bay.  The release of those toxins will affect aquatic migration, interfere with breeding, contribute to harmful algae blooms, and impact human health.
  • We’ve spent decades cleaning up the waters in Raritan Bay, and the NESE construction also threatens commercial and recreational fishing economies at the Bayshore.
  • The pipeline project’s path would cut across numerous contaminated sites as well as 2 Superfund sites, the Raritan Bay Slag and Higgins Farm sites, as it goes across the state into the Raritan Bay.  
  • This project would cut through wetlands and other sensitive areas, further imperiling the water, soil and wildlife with more toxic runoff during construction.
  • This project would increase polluted stormwater runoff, destroy critical habitat and cause significant degradation to the environment. 
  • The Coastal Wetland permit would allow for the destruction of wetlands critical for protection against flooding and storm surges.  Wetlands also offer vital pollution protection.  They filter chemicals and sediment out of the water before it is discharged into the ocean.  The loss of those important coastal wetlands will create more pollution and flooding in Middlesex and Monmouth counties. 
  • It’s dangerous to remove wetlands because they act as natural storm barriers and water filters for the area.  The risk will be heightened with worsening storm surges and climate effects including sea level rise.
  • Stormwater runoff impacts from the proposed Compressor Station 206 will also have harmful results.  The station will release formaldehyde, chromium, benzene and hydrocarbons into industrial stormwater runoff that will increase pollution and flooding in an area already plagued by flooding.
  • The Freshwater Wetlands and Flood Hazard Area permits would allow for the destruction of exceptional resource value wetlands and transition areas along with forested areas that are critical for protection against flooding and storm surges as well as vital for the threatened Barred Owl.
  • This gas is highly flammable and dangerous.  An accident with this pipeline and compressor station could contaminate our waterways and environment and put people at risk.

Attached is a list of New Jersey Senators and Representatives.  Call and/or write to your representatives ASAP. 

The NJDEP has until September 25, 2019 to issue their decision about the Coastal Wetlands and Waterfront Development permit applications.

PROPOGANDA ACTIONS

We know that Williams/Transco is guaranteed at least a 14% return on its investment via the FERC permitting process, and we know that National Grid (the customer for the NESE gas) is doing everything they can to influence Governor Cuomo and the New York Department of Environmental Conservation (NYSDEC) to issue the permits by not honoring new applications for gas hook-ups until the NESE Project is approved.

Some points about National Grid

In New York, public utilities are natural monopolies because the infrastructure required to produce and deliver a product such as electricity, gas or water is very expensive to build and maintain, and having more than one company building infrastructure would make our streets a mess.  As a result, they are granted special status as monopolies, but are overseen and regulated by a public utilities commission to ensure accountability to the public.  However, utilities can easily take advantage of their power—and that’s what National Grid has done.

In July 2019, National Grid sent out an email blast to their customers taking a play from our activist handbook to “send comments to the DEC” in favor of the Williams Transco pipeline.  In so doing they are abusing their monopoly power to panic customers into lobbying for their private profit.

  • National Grid’s recent moratorium on new gas hookups violates state regulatory procedures meant to protect ratepayers.
  • The utility’s recent emails to those ratepayers about the illegal moratorium, which ask customers to lobby government agencies to support the pipeline, further violate ethical guidelines and are an abuse of its power as a monopoly.   
  • The utility’s recent emails to those ratepayers do not offer any alternatives, like renewable energy, to the customer to alleviate said gas moratorium.
  • The Public Service Commission (PSC) has a robust system of administrative procedures which protect ratepayers and ensure that they can weigh in and have their interests represented when utilities make changes that might affect them.  For example, Public Service Law requires National Grid to consult with the PSC before denying ratepayers gas service.  Only the PSC can decide how to address possible gas shortages.  
  • By unilaterally imposing its gas moratorium, National Grid has circumvented these procedures and prevented the PSC from being able to adequately protect ratepayers and regulate the potentially self-serving actions of a monopoly utility. 
  • National Grid’s emails exacerbate this potential harm to its customers.  Along with being confusing and manipulative, they pressure captive ratepayers—ratepayers who have no other choice of utility—to act politically against their best interests and on a private corporation’s behalf. 
  • National Grid’s emails also create a harmful climate of fear based around a supposed gas shortage.  This is all as the utility continues to ignore expert reports proving that we don’t need this gas and continues to withhold information that we have requested, which they claim substantiates the need for this new pipeline. 
  • The New York DEC has a legal duty to uphold the Clean Water Act and protect our waters and the ecosystem our waters support.

Some media coverage of these manipulative tactics by National Grid is found here:

Confused about FERC terminology…these quick tips might help

(Details at https://www.scrap-nese.org/actions-to-take/)

Intervenor: A stakeholder, a taxpayer, directly affected by Compressor/pipeline, or anyone from the public whose participation is in the public interest.  Being an intervenor legally empowers your comments and ensures that FERC registers the concern.  You must be registered with FERC, see below.  We encourage everyone to file for intervenor status.


eRegistration (https://ferconline.ferc.gov/eRegistration.aspx)

The process of identifying to FERC, you will be issued a FERC ID Number via your email.  Keep the email and password you used to register for future communications with FERC.
Once eRegistered, you can:

  • eSubscribe, to receive email notifications of new items posted about NESE (CP17-101).
  • eFile – file a Motion to Intervene, requiring answer from FERC, or
  • eFile – submit simple comments for FERC’s attention only.


eFiling (https://www.ferc.gov/docs-filing/efiling.asp)
Motion to Intervene:

  • On the Filing Type page, select General – Intervention – (doc-less) Motion to Intervene.
  • Copy and paste (or write your own) reason why you should be an intervenor.

NOTE:  Save comments to post as a separate action at a later stage.

Comment:

  • Have a comment ready as a Word document to upload.
  • On the Filing Type page, select general – comment
    (on Filing, Environ, Report or Tech Conf) – Comment.
  • On the File Upload page, select Browse … go to your documents and select the one you want to send … select Upload.


eComment (https://www.ferc.gov/docs-filing/ecomment.asp):

  • There’s no need to be registered or an intervenor to submit just comments.
  • Best is to copy & paste prepared comments from a text file into the text box.

Note: You may eFile comments/interventions as frequently and as many times as you want.
Use material provided by Franklin Twp Task Force (FTTF) to include in your comments.