FERC Approves Broadwater

Broadwater Energy is one more hurdle closer to the finish line. On March 20th, Federal Energy Regulation Commission (FERC) approved the Broadwater Liquefied Natural Gas (LNG) project to be built in the Long Island Sound. The terminal is expected to assist in meeting the increasing energy demand in New York and Connecticut.
After reviewing the issue for 38 months and over 25,000 staff hours, FERC approved the project after a thorough environmental, safety and security review and after considering both project and facility alternatives.
The Broadwater project would deliver natural gas to fuel electric generating plants and heat homes. The barge would be located in the Long Island Sound, nine miles off the coast of Riverhead, New York and 10.2 miles from the nearest onshore point in Connecticut. The project would include eight LNG storage tanks, a regasification plant and a 21.7-mile long pipeline extending from the LNG terminal to a sub sea interconnection with the Iroquois Gas Transmission System, which will bring the gas onshore.
“We have reviewed the record in the Broadwater LNG proceeding and have considered carefully the concerns of the many citizens who have commented on the project,” FERC Chairman Joseph T. Kelliher affirmed. “Based on all available scientific facts, we approve the Broadwater project today, subject to rigorous conditions, because it can meet the projected energy needs for New York City, Long Island and Connecticut, and can provide the service safely, securely and with limited adverse impact on the environment.”
However the approval is conditional to mitigation measures. As Kelliher explained, “We have carefully reviewed the information and analysis contained in the final Environmental Impact Statement (EIS) and we agree with the conclusions presented in the final EIS that construction and operation of the Broadwater Project, with the adoption of the proposed mitigation measures, would result in only limited adverse environmental impacts.”
The Commission’s approval of the project is subject to the operator adopting more than 80 mitigation measures to enhance safety and security and to ensure it has limited environmental impacts. Among the measures that were part of the final EIS include requirements that Broadwater submit, at least 60 days before construction, plans detailing how the FERC order will be implemented. The Director of FERC’s Office of Energy Projects will review the implementation plans before construction can commence. Another mitigation condition requires that Broadwater develop an Emergency Response Plan and coordinate procedures with the Coast Guard; state, county, and local emergency planning groups; fire departments; state and local law enforcement; and appropriate federal agencies. In addition, prior to installation activities in Long Island Sound, FERC also will require Broadwater to file the New York State Department of State determination of the project’s consistency with the New York Coastal Management Plan, under the applicable provisions of the Coastal Zone Management Act.
Broadwater LLC, a joint venture between TransCanada and Shell US Gas is pleased with the FERC decision. John Hritcko, senior vice president of Broadwater LLC, stated, “This decision is an important step forward in bringing new clean, reliable, affordable natural gas supply to a region where prices are volatile and climbing. Without new energy supply, energy consumers will continue to face volatile and increasing natural gas prices in New York and Connecticut.”
Robin Kriesberg, executive director of Friends of the Bay took the news in stride. “They generally approve all these proposals so it is not surprising at all,” she shrugged. “It was expected.”
Local Politicians Not Happy

Local politicians seem to up in arms over FERC’s decision. Suffolk County Legislative Majority Leader Jon Cooper (D-Huntington) issued a statement that expressed, "I am deeply disappointed that FERC, which is funded with taxpayer dollars, instead chose to ally itself with the Big Energy conglomerates on this action," said Cooper. "The feds promised this decision would not be made without first getting feedback from the millions of citizens who would have to live up close and personal with the Broadwater barge. But now it seems as if all the hearings and comment periods on Broadwater were nothing more than window dressing on a backroom deal that was decided by lobbyists in Washington from the very beginning."
Agreeing with Cooper, State Senator Carl Marcellino (R-Syosset) said, “FERC’s unfortunate approval of Broadwater is ill-conceived and illogical. The fact is Broadwater will not solve Long Island’s energy needs and is a potential environmental hazard, which could erase all the strides we have made cleaning up the Sound. Governor Paterson needs to stand up now and say no to this proposal instead of being silent regarding the folly of Broadwater.”
Kriesberg noted that “part of the Anti-Broadwater Coalition and along with a number of groups from Long Island were going to get in touch with the governor to make sure he understands our position and that he has all the information he needs so he can make the right decision.”
The New York State Department of State can still block the project by refusing to issue an operating permit. And while former Governor Spitzer had set an April 12th deadline for the State's final decision, newly sworn in Governor David Patterson said last week that he might seek a postponement for further study. To that end, Cooper has sent a letter to Patterson commending him for his judicious decision to postpone state action and urging him to direct his State Department to deny application of the permit.
"In courtroom circles, they say it's a good thing for the defense when the jury asks for more time to deliberate," Cooper commented. "I hope that Governor Paterson will use this extra period to decide to defend the millions of people who intimately relate living on the Long Island Sound to being integral to their quality of life."
If the NYSDOS approves the Broadwater permit the next action opponents will consider is a lawsuit.
-Faith Rackoff reprinted from the 3/28/08 Oyster Bay Guardian