How to File as an Intervenor on the Pacific Connector Pipeline and Jordan Cove Energy Project
For more than 12 years, a huge Canadian fossil fuel corporation has been pushing for a fracked gas pipeline and export terminal in southern Oregon. This 235 mile pipeline and fracked gas export project would export liquefied methane gas overseas. The project would trample the rights of landowners through the use of eminent domain, disturb tribal territories and burial grounds, threaten 400 waterways, put existing jobs in fishing, tourism, and other sectors at risk, drive up energy prices, and create one of the largest sources of climate pollution in the state.
In 2016, under the Obama administration, the Federal Energy Regulatory Commission (FERC) denied Veresen’s proposal for the fracked gas pipeline and LNG export terminal in Southern Oregon and said the project is not in the public interest. This is only the second time in history that FERC has denied an LNG project.
But Veresen is hoping that they might have different luck under the the Trump administration. Veresen is counting on the new administration to push federal agencies like FERC, and Oregon state agencies to allow this pipeline project to go through.
In January 2017, Veresen started the pre-application process to ask FERC to consider the Jordan Cove Liquefied Natural Gas (LNG) export project once again. On September 21, 2017 Veresen filed their Certificate Application for with FERC.
It’s time to take action to stop the project and we are calling on you to consider becoming an intervenor on the Pacific Connector Pipeline and Jordan Cove Export terminal.
What is an Intervenor?
Now that Veresen has filed the Certificate Application, individuals or groups can
file with FERC as intervenors. Filing as an intervenor is a way of registering your concerns about the project with the Federal Energy Regulatory Commission (FERC). It allows you to submit comments and documents “on the record” to FERC. As as intervenor, you will be able to have legal standing to state your case in front of a court if the project is approved and participate in future legal challenges if you choose.
Who Can Intervene and For What?
Whether you are a landowner along the proposed route, or a concerned resident who loves hiking in the National Forests, or a business owner who is concerned about impacts, we all have a stake in ensuring the pipeline does not get built.
Anyone who meets the following criteria can intervene:
if you have the right to participate according to local statute or commission rule;
your interests as an individual, organization or company will be directly affected by the outcome of the proceeding;
or you are participating in the public interest.
What The Motion Must Include
Your position and the basis in fact and law for that position
Your interest in “sufficient factual detail” to demonstrate that:
You have a right to participate (found in statute or Commission rule),
Your interest will be directly affected by the outcome of the proceeding,
You are participating in the public interest. A direct interest can be demonstrated if you are a consumer, customer, competitor, or Security holder of a party.
*Note: Unless you can show you are directly impacted, most individuals and organizations should participate in the public interest. Be sure to include that in your motion*
I am filing a motion for intervention status on FERC docket CP17-494-000 based on my residence at 215 Scotland Road, Shady Cove, OR 97000 . This property abuts property through which the pipeline passes. As a private landowner, I am concerned about the use of eminent domain,pipeline safety, impacts to wetlands on my property and impacts to my well water.
As a ratepayer, my interest will be directly affected by the outcome of the proceeding and I am participating in the public interest as a consumer who is concerned about gas rates. Exporting gas overseas would create more competition on the world market and is estimated to raise gas prices at home by up to 54%.
My interest will be directly impacted as a fishing guide on the Rogue River who depends on clean waterways and healthy fish for my livelihood. The pipeline would impact water turbidity and construction would disrupt fish habitat and river access.
Our organization is participating in the public interest to protect the rights of our member to a clean, livable and healthy climate. A recent article in the Oregonian shows that the Jordan Cove project, if built, would quickly become the largest source of carbon pollution in the state after the Boardman Coal plant shuts down in 2020. Jordan Cove’s power plant would produce 2.1 million metric tons of CO2 a year. In addition to direct power plant emissions, methane leakage at drill sites may bring that total to 57 million metric tons of CO2 equivalent per year.(http://www.oregonlive.com/business/index.ssf/2014/11/jordan_cove_lng_in_coos_bay_co.html)
How to File as an Intervenor
FERC moves quickly, so registration must be completed as soon as possible and before the deadline to file on October 26th, 2017. As an intervenor, you will receive the applicant’s filings and all other public Commission documents related to the case including materials filed by other intervening parties. But as an intervenor, you also have responsibilities, including that you are required to submit whatever comments or documents you submit to FERC to the “service list.” The “service list” includes all the other parties who have signed up at the time of your submission. You can download a list of service emails and send an email to those parties, or you can send them each a letter.
The following information outlines the steps to register with FERC and submit your opposition to the Pacific Connector Pipeline and Jordan Cove Project.
How to Register for an account with FERC:
1. Enter http://www.ferc.gov/docs-filing/efiling.asp into your browser. The page should look like:
2. After you have registered, you should get an email. Once you have gotten this email, you are now able to sign up for FERC’s eFiling (electronic document submission), eSubscription (receiving all information related to your relevant docket), eComment (comment submission), and to become an intervenor.
3. If you return to the FERC Online Home Page (https://ferconline.ferc.gov/FERCOnline.aspx), you should be able to log-in with your email and password. You will then come to this screen.
5. You are now registered with FERC and able to take further action to halt Veresen in the FERC process.
6. From here, you will access the Pacific Connector Pipeline project by entering the docket numbers into the various sections listed. If you wish to register for the eSubscription, for example, you will go to “eSubscription” and click, “Add New Subscription.” If you are following the project, you will receive email notifications whenever new documents or comments are submitted. You will also want to file as an intervenor, instructions as follows:
Filing as an Intervenor
1. Return to the FERC Online Home Page (https://ferconline.ferc.gov/FERCOnline.aspx), and click on “eFiling.”
2. Choose the following pathway: “General” --> “Intervention” --> “(doc-less) Motion to Intervene.” Click “Next.” If you would like to upload a PDF of your motion instead of typing it in a text box, select “Motion to Intervene instead of “Doc-less Motion to Intervene”
3. Enter docket number 4. CP17-494-000 on the next screen. This is the docket number for the Pacific Connector Pipeline. Hit “Search.” Click the blue button to add the docket number. Enter docket number CP17-495-000. This is the docket number for the Jordan Cove terminal. Hit “Search.” Click the blue button to add the docket number. Click “Next” to proceed.
5. You will now see the “Document-less Intervention Description” page. Enter the reason you wish to be an intervenor in the box up to 6,000 characters. You may want to write this in advance in a word document, then copy and paste into the text box. Be sure to read the section above on what to include in your motion before writing your motion. Then, click “Next.”
6. On the “Specify Filing Parties” page click “on behalf of other party(ies) if you are filing on behalf of a group, or “as an individual” if you are filing for yourself or another person. If you are filing as an individual, enter your e-mail and click, “Add as signer.” Click “Next.”
7. You will now see the Submission Description page. You can keep the pre-formatted text, reading “(doc-less) Motion to Intervene of Your Name Here under CP17-494-000 (for Pacific Connector) and CP17-495-000 (terminal). Click, “Next.”
8. On the “Summary” page, click “Submit.” You will receive an email “Receipt of Filing” first,
Informing the Service list:
1. The next step is to contact all parties who are on the Service List, which is required of all intervenors. The Service List includes the e-mails of the filer(s) and all parties who have thus far signed up as intervenors. Anytime you file any comments or documents, you must download the latest list and email copies to every party on the list.
2. Return to the FERC site and click “Query Service List”
3. You may have to Log In if you have not already, entering your FERC ID and password and click “Log In”
4. Enter the docket CP17-494-000 (for Pacific Connector) and CP17-495-000 (for Jordan Cove Terminal). click “search”
5. Click on the blue cross under “select”
6. “type of address” should read “email”; “format” should read “delimited with semicolon”
7. Click “download list” and save to your computer. It will read as a .txt document.
8. Cut and paste this list to the address of your e-mail and click “enter” and it should populate your e-mail address field with all of the e-mail addresses on the service list
9. Enter “Docket # CP17-494-000 (for Pacific Connector) and CP17-495-000 (for Jordan Cove Terminal). Motion to Intervene” into the subject heading
10. Compose the following message: “Please be advised that (your name) has filed a Motion to Intervene with FERC on Docket _________’ close with your name and address as you have registered with FERC.
How to File as an Intervenor by Mail
For people that do not have an e-mail they need to send in the original and 3 copies by postal mail to:
Kimberly D. Bose, Secretary
Nathaniel J. Davis, Sr., Deputy Secretary
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, DC 20426
They must also serve the applicant with a copy. Receipt of mail sent via the US Postal Service may be subject to irradiation and significant delays so it is suggested that the package be sent by overnight delivery or at least by certified mail so the person has a record of the date of mailing.
Thanks for filing as an Intervenor!
When you are done, please email Sarah@rogueclimate.orgto let us know so we can track friends and members who have registered as intervenors. Note: If you have missed the deadline to intervene, all is not lost as you still can still file a "Motion to Intervene Out of Time." You must file a request online and justify why your should be considered.
More information on Registering as an intervenor from FERC