Tuesday, September 19, 2017

Holy BLEVE, Batman! France LPG truck explosion (video)

Truck transporting Bottles of LP Gas (LPG) explodes in Chevanceaux, France
Truck transporting Bottles of LP Gas (LPG) explodes in Chevanceaux, France
Truck transporting Bottles of LP Gas (LPG) explodes in Chevanceaux, France
Truck transporting Bottles of LP Gas (LPG) explodes in Chevanceaux, France
Holy BLEVE, Batman!

(Chevanceaux, France): A truck transporting hundreds of small steel tanks of "LP Gas" aka, "Bottle Gas" catches fire, and the tanks start exploding and launching like rocket grenades.

Article in French:

Translate into English

More news:

In the US, LP Gas (a mixture of propane and butane) is commonly used to heat homes, to power camping equipment (lights, cook-stoves, heaters), and is the fuel for BIC cigarette lighters.

Propane & Butane are a gas at standard temp/pressure (25°C / 1 ATM) but under low pressure (100-200 psi), liquefies.

All tanks containing Highly Volatile Liquids -- inc., propane, butane, gasoline, diesel, crude oil, ethane, so-called "Natural Gas Liquids" (NGLs) or "condensate", etc -- are subject to a "boiling liquid expanding vapor explosion", or BLEVE. They are catastrophic explosions which send shrapnel in all directions. Small LP tanks are subject to BLEVE, and even large tanks, like RR tank cars, if exposed to external fire. (cf: BLEVE: https://en.wikipedia.org/wiki/Boiling_liquid_expanding_vapor_explosion)

Recall that while Arlington Gas Storage-- a wholly-owned subsidiary of Crestwood Equity Partners (formerly, Crestwood Midstream Partners, formerly Inergy, L.P.), recently withdrew their application for a small increase in storage of methane ("natural gas") under Seneca Lake near Watkins Glen ("Gallery-2 Expansion", FERC docket CP13-83) , they still have an active permit with NYS DEC to store 88.2 MILLION GALLONS of LP gas at the same location.

Dramatic videos of Chevanceaux, FR truck explosion:

May you, and all beings
be happy and free from suffering :)
-- ancient Buddhist Prayer (Metta)

Wednesday, September 13, 2017

Something is Fishy in the Delaware River Basin

Q: How do you

and get all the Fractivists
to Jump for Joy?
A: Make it look like a ban!

Gov. Cuomo's post on Facebook today.

Friends, something isn't right.

There is significant propaganda being issued now
regarding the "DRBC Ban",
and some of it is coming from unlikely sources.

Governor Andrew Cuomo is making claims on Facebook that today
he voted for a permanent ban on fracking in the Delaware River Basin



The Delaware River Basin Commission today passed a RESOLUTION today (on which Gov. Cuomo holds a seat, along with the governors of DE, NJ, PA, and President Trump) to WRITE RULES (a "rulemaking") which would govern how fracking would occur in the basin.

They pledged to TALK ABOUT language of a prohibition.
They DID NOT PLEDGE to a prohibition in the entire basin.

Many trusted friends in the movement are calling this a "BAN" and jumping for joy.

The leak on Thursday to Associated Press (which we believe came from Governor Tom Wolf's office) stated the ban would only be in TWO COUNTIES in the Upper Delaware over the Marcellus, likely Wayne and Pike County.


There is NO GAS THERE!
as they are South and East of Engelder's "Line of Death".
(line of thermal maturity. Beyond it, the gas is overcooked,

Tiny Blue/Pink dots: Gas Wells.
Blue Dots: Perimeter of Marcellus Shale.
Red: Line of Thermal Maturity
Tan/Yellow: Delaware River Basin (DRB)
Light Blue: NY area with prospects?

Notice the PA drilling stops before we get to the DRB (no gas in Wayne Co).

So what's going on here? HINT: Google "South Newark Shale".

In 2012, a temporary do-nothing ban(*) was enacted (5 years ago), inserted into a late-night budget bill by a couple of PA State Senators (McIlhinney and Mensch) from the wealthy PA Suburbs, seeking reelection brownie points.

(* It was "do nothing" because fracking was already effectively banned in the entire DRBC since 2010).

This temporary ban on fracking in the South Newark Shale
will expire Dec 31, 2017

POTENTIAL FRACKING ALERT!For the following PA Counties:
Bucks, Montgomery, Berks. 

Bucks County is where the DRBC just met. Huh.
(the scene of the crime)

NOW SUDDENLY, Gov. Wolf leaks to the AP that there will
be a "Ban on fracking in the DRBC" and whispers: (in two counties
where BTW there isn't any gas).

And then Cuomo chimes in that he voted to "ban fracking (permanently)"
(no he didn't!!) and that "Fracking is now banned in the DRB",
like this is the result of his recent vote. (no, it isn't!)

Read the fine print, friends.
Fact check everything.

To demonstrate how effective the propaganda has been,
here's something that a very respected group called
Berks Gas Truth recently released:
"The Associated Press is reporting that the Delaware River Basin Commission will announce its intention to ban fracking tommorow. The plans are to ban fracking in two counties, Wayne and Pike, the only vulnerable counties in the Basin that are also in the Marcellus. In other words, it would effectively ban fracking in the entire basin."
Uh, no it wouldn't. And Berks County is potentially impacted when this new shale basin is opened up.

I am not trying to disparage the good work of any person.
I am only trying to express that there is NO NGO, NO PERSON
who can always be trusted 100% of the time.

Friends, you must try
(to the best of your ability)

Even very smart people
with hearts of gold
can get tricked.


May you, and all beings
be happy and free from suffering :)
-- ancient Buddhist Prayer (Metta)

Tuesday, September 12, 2017

EXCLUSIVE PHOTOS: XNG Truck Rollover, Otsego County NY

XNG Titan-40 rollover, Otsego County NY, 9/12/2017

XNG Titan-40 rollover, Otsego County NY, 9/12/2017

Notice Side-saddle tanks. This tractor appears to be diesel powered. Most of the tractors XNG uses for this route are CNG powered Freightliner Cascadia.  

Exclusive Photos provided to me by an anonymous source. Please send other photos, and details (name of driver, exact location, time of day) to WilliamAHuston@gmail.com  I will credit you, or not: Your choice. Thanks.


By JIM KEVLIN • Special to www.AllOTSEGO.com

TOWN OF BURLINGTON – An empty XNG truck en route south from the company’s Little Falls plant went off Route 205 about two miles south of Route 80 at 8:20 a.m. today, according to county Emergency Services Director Art Klinger.

The driver was shook-up, but was able to tell emergency personnel arriving at the scene that the tanker was empty, Klinger said.

“There was no release of gas at any time,” XNG Vice President Matt Smith emphasized in an email received a few moments ago.

If the truck had been heading north from XNG’s northeast Pennsylvania’s plant, it would have been full and presented more of a challenge.

“While the accident is still being investigated, there was no evidence of any mechanical issue and no other vehicle was involved,” said Smith, continuing, ” Our safety and response team was dispatched.  XNG personnel arrived within 20 minutes of notice to provide support and manage the tow-away. ”

The XNG team joined the Fly Creek Fire Department, sheriff’s deputies and county emergency services personnel, Klinger said.  Chuck’s Towing from Richfield Springs and another towing service from Clinton were called to the scene and set the truck upright, Klinger said.

“We are sincerely appreciative of the rapid response and professionalism of the first responders involved, particularly the Fly Creek fire department and local police,” Smith said, who helped conduct the local training sessions Aug. 8 at The Meadows.

Because emergency personnel, including Fly Creek firefighters, had undergone the day-long training at the Meadows, the mishap was handled with more confidence than otherwise, Klinger said.

A number of XNG trucks – company officials and anti-gas activists provide different numbers – began cross the county in February, delivering natural gas from the Pennsylvania fracking fields to the company’s Town of Mannheim plant outside Little Falls, where it is put in the Iroquois Pipeline that proceeds to the Eastern Seaboard.  XNG also delivers natural gas to a number of plants throughout Central New York.

The route through Otsego County is up Route 205 from Oneonta’s west end, east on Route 80, then up Route 28 along Canadarago Lake, through Richfield Springs, before heading down Vickerman Hill to Mohawk.

#BombTrucks are Never Empty

This is a page "VP-Owners-Manual-Rev-B.pdf" obtained here:

This is a Type-4 CNG Carbon Fiber Composite Virtual Pipeline tube trailer.
a/k/a, #BombTrucks

A fully loaded Quantum VP-Lite carries about 24,000 lbs of methane at 3,600 psi. This results in a Gross Vehicular Weight at the max allowed without a DOT Special Permit: 80,000 lbs.

This is the loaded, or "high pressure" configuration.
There is also a 200 psi "low pressure" configuration, but it's not correct to call this "empty".

This trailer can never be emptied without damaging it. 
At between $500,000 to $700,000 each, they want to avoid this at all costs.

I estimate at 200 psi (assuming a linear function), that an "empty" or low-pressure configuation, the trailer still holds neary a ton of methane, over 1,300 lbs.

From Quantum Technologies

Sunday, September 10, 2017

PSB article about #BombTrucks

Covers XNG's operation between Forest Lake, PA, Vestal NY, Manheim NY,
and the proposed NG Advantage terminal in Fenton.

Article is not bad! Jeff Platsky got many details right (which few outlets are doing)

1) Correctly describes XNG's interstate, bulk wholesale, "Pipe to Pipe" operation.
2) Correctly describes the facility as a "Compressor/Filling Station"
3) Alludes to some of the unique hazards of the trailers.

Only a couple of issues:

  • a) "No injuries" -- Article quotes a resident who is misinformed. The driver of the truck which rolled over 2/21/17, Allison Mayes, was seriously injured and may have a permanent disability.

  • b) "40'ft trailers"

    "Through the day and night, 40-foot tractors rumble down the winding and shoulderless 4-mile stretch to Pennsylvania state Route 267...."

    40' is the smallest of three different trailer types.

    By my estimation, XNG has about 50 trailers total:
    10 loading at all times at Forest Lake
    10 unloading at all times at Manheim
    11 loaded in transit outbound from Forest Lake 
    11 unloaded in transit outbound from Manheim
    6 are servicing "core customers"
    ~50 total est.

    Of these:
    ~25x are 40' Hexagon Titan trailers  (~360k scf)
    ~20x are 45' Quantum VP-Lite trailers (~470 scf)
    ~5 are 53' LightSail LightStore trailers (~470 scf)
Here's the article -- BH


Pa. township's gas facility mirrors Fenton's possible fate
Jeff Platsky, jplatsky@gannett.com | @JeffPlatsky Published 2:20 p.m. ET Sept. 8, 2017 | Updated 2:29 p.m. ET Sept. 8, 2017

A public hearing at Fenton Town Hall on September 6, 2017 where residents had an opportunity to voice concerns over the planning board and its procedures. Patrick Oehler/Staff Video

(Photo: Jeff Platsky/Staff photo)

High on a hill in Forest Lake Township, Pennsylvania, an incongruous industrial facility operates on a road otherwise populated by weathered farm houses, single-family residences and lake homes.

The $19 million, 130,000-square-foot natural gas transfer station runs 24 hours a day, 7 days a week, 365 days a year in a bucolic section of Susquehanna County where farmland meets the dense forest.

On this plot of land, where once stood an open field and the only outstanding feature was an underground natural gas pipeline, a half dozen truck trailers are backed into a closed-off area where they are filled with natural gas. Red "no trespassing" signs are placed at the property's edge about every 20 feet. Employees question visitors walking along the outskirts of the property.

XNG's Forest Lake Township compressor/transfer station has been open since this past January, filling trailers with compressed natural gas from the Marcellus Shale for transport to a pipeline in Little Falls, NY. Jeff Platsky / Staff video

Through the day and night, 40-foot tractors rumble down the winding and shoulderless 4-mile stretch to Pennsylvania state Route 267 carrying compressed natural gas between the filling point and Little Falls, New York, where the gas is transferred into Iroquois Pipeline.

This is where America's thirst for cheap natural gas meets rural residents who only want to be left alone in their quiet surroundings.

On this hilltop northeast of Choconut, Pennsylvania, however, the sounds of nature have been replaced by the steady drone of industry. For the hundred or so residents living along North Road, the racket from trucks comes at all hours, on all days, even Easter Sunday.

"The truck volume is steady, said resident Tom O'Reilly, who notes he had to move his bedroom away from the road to keep from waking from the unyielding truck noise up and down North Road, which runs in front of his home. "I hear these trucks all night long."

Welcome to daily life in Forest Lake Township, where, for the past eight months, residents have lived with an industrial operation in the middle of what was until the beginning of this year their little heaven on earth.
Fenton fight continues

It is also a mirror of what might be in store for Port Dickinson and Hillcrest residents who are fighting NG Advantage's attempt to build a similar operation within a half-mile of their homes and a beloved community park.
On /Wednesday, opponents of a proposed natural gasBuy Photo

On /Wednesday, opponents of a proposed natural gas transfer/compression station confronted members of the Town of Fenton board to express their objections to the NG Advantage project on the West Service Road. The Fenton Town Board holds a public hearing on Wednesday, September 6, 2017 at Fenton Town Hall. (Photo: Patrick Oehler/Staff Photo)

The debate has caused deep divisions in this community northeast of Binghamton. Project opponents are alleging conspiracies among the officials who gave the nod to a 10-bay NG Advantage natural gas compressor/transfer station. They claim the planning board performed a hasty and shoddy review.

"They didn't divulge what was going on for months," said Maureen Sullivan, who has emerged as the leader of  a committed community group determined to halt the plant.

Fenton board hears an earful on gas facility

Planning board didn't take 'hard look' in NG Advantage approval, judge says

Fenton grants OK for natural gas facility

Approved by the Town of Fenton in the first-round review, the project now faces a more uncertain future based on the action of a group of residents and the Chenango Valley School District, who successfully challenged the town's original blessing.

Opponents won a significant victory two weeks ago when a state Supreme Court judge ruled the Town of Fenton performed a deeply flawed environmental review of the NG Advantage gas transfer/compression station. The decision threw the issue back into the hands of the town's planning board for a more complete and thorough study of the project's impacts on the community.

"Getting a (full review) is pretty big victory for an environmental group," said Carolyn Zenk, a Long Island-based environmental attorney.

By turning back the Town of Fenton Planning Board's original project approval, a state Supreme Court Judge set up a second review that will require an exhaustive environment assessment.

"We are back at square one," said Albert Millus, Town of Fenton attorney.
Homes evacuated

Among the elements to come under the new review are potential hazards from possible truck accidents.

Twice in the past year, portions of North Road were evacuated when trucks tipped over and gas was vented before the trailer was up righted. Both times, the entire length of North Road was closed.

"No one was hurt or injured," noted Robert Reichlen, also a North Road resident.

That may be of little solace to opponents of NG Advantage, who argue the proposed 10-bay filling station is too close to school and residential neighborhoods for a project with such hazards.
Residents fill the Fenton Town Hall for a public hearingBuy Photo

Residents fill the Fenton Town Hall for a public hearing on Wednesday, September 6, 2017 to express their opposition to the NG Advantage natural gas transfer/compression station on the West Service Road. (Photo: Patrick Oehler/Staff Photo)

Annoying backups at the West Service Road, Route 12A intersection will also be addressed in the impact statement, as well as water quality and a host of other environmental concerns.

Project sponsor NG Advantage will pay for the impact statement, a development that's already causing concern among opponents who argue the study will be biased and fail to fairly assess the plan's potential hazards.

"Unfortunately, the law allows the developers to prepare a draft impact statement," Zenk said, but it also requires a comment period and a possible public hearing on the document, key elements missing in the original review process.

For its part, NG representatives have long contended opponents are exaggerating the hazards for effect, and say the plan for the West Service Road shares many features with the numerous truck terminals and other industrial businesses along the same stretch of road. They also point to the 100 jobs that will be created at the site.

The Town of Fenton has yet to name a lead agency — the board that ultimately decides the project's fate — on the second review.

Zenk was baffled as to why the Town of Fenton Planning Board bypassed a full environmental impact statement in the original assessment.

"Just do the damn impact state," Zenk said. "Are you so afraid of what will public will say?"
Pipeline preferable?

A Broome County Planning Department review suggested — in 13 pages of itemized objections and 18 more of supporting documents — the NG plant would have "significant negative impacts" and recommended denial.

"I hope they stop them," said Larry O'Reilly, Tom's father and owner of Timberline Realty in Choconut. "I understand why those people are concerned. They should not be on the roads that weren't built for this kind of traffic."

The older O'Reilly says a half-dozen properties in close proximity of the Forest Lake Township natural gas transfer station on the market are drawing no interest. He believes the nearby industrial operation is the cause.

"There's not a person who wants these things around," Tom O'Reilly said.

Though nearby residents on North Road, Forest Lake Road and Ark Hollow Road vehemently objected to the XNG facility when it was first proposed one year ago, there was little they could do. Lax land use regulations and zoning laws limited the opposition from challenging the project in court.

That's where opponents of the NG Advantage station may have an upper hand. New York zoning laws are far more stringent than those for their now pressed-upon neighbors in Susquehanna County.

"This area was targeted because we didn't have zoning," Tom O'Reilly said.

XNG and NG Advantage are part of a new breed of natural gas enterprises — virtual pipelines — companies that truck compressed natural gas from existing pipelines to locations and facilities without access to the nation's natural gas infrastructure.

Virtual pipelines make gas "so mobile, so accessible," said Brad Gill of the Independent Oil and Gas Association of New York. "They fill a niche even the pipelines couldn't fill."

Trucks from the XNG site have been traveling through Broome County since the facility opened earlier this year, taking Route 26 to Vestal Road and on to Route 17 for the trip further north to Herkimer County.

"We have a general awareness of it," Broome County Emergency Management Services Director Michael A. Ponticiello said of the hazards of transporting compressed natural gas in trailers. "It happens all the time. We don't have any specific concerns as long as codes are followed."

Based on plans submitted by NG Advantage, the compressor and loading station will operate around the clock, filling 125 trailers daily. One of NG's larger customers is the International Paper plant in Ticonderoga, New York.

According to NG Advantage, the $18 million facility will house four, 500-horsepower compressors at its opening, with a maximum of 12. Up to 125 trucks a day will draw the compressed gas for delivery to industrial and commercial customers located away from the main 36-inch Millennium pipeline.

 "New York state puts a limit on pipelines, and this is what you get," Tom O'Reilly said.

He suspects if the Constitution Pipeline were allowed to proceed — the Department of Environmental Conservation quashed the Susquehanna County to Schoharie County project over environmental concerns about river crossings — the virtual pipelines would be unneeded.

Don't get Tom O'Reilly wrong. He has no beef against natural gas drilling or pipelines in his backyard, but he does have a problem with the work-around: virtual pipelines.

By Tom O'Reilly measure, New York took the short-sighted approach.

With virtual pipelines, he said, "New York state gets its road hammered and more dangerous highways."

Follow Jeff Platsky on Twitter @Jeff Platsky

May you, and all beings
be happy and free from suffering :)
-- ancient Buddhist Prayer (Metta)

Tuesday, August 29, 2017

BREAKING! Judge Nullifies Town of Fenton Planning Board's approval of NG Advantage #BombTrucks terminal


Judge Lebous NULLIFIES Town of Fenton Planning Board approval of the NG Advantage, LLC proposed #BombTrucks terminal, and remands it back to the planning board for full Type-1 environmental review under SEQR!



I added the decision to my "Virtual Pipelines" document archive:

Navigate to Operators -> NG Advantage
There you will see the Fenton Legal folder.

(NOTE: You should be able to access this archive without
paying Dropbox any money. If you get nagged that
"Your Dropbox is Full", and you can't see the files, let
me know and I'll give you some ideas to try.)

Thanks to Damascus Citizens for Sustainability
for donating the Dropbox space for hosting the
CNG #BombTrucks

COMING SOON: I have a major update coming, so stay tuned.

PS: there is a meeting in the Town of Fenton tonight at 7pm, regarding
an "Aquifer permit" and a new site plan.
Fenton Town Hall, 44 Park St, Port Crane, NY 13833

May you, and all beings
be happy and free from suffering :)
-- ancient Buddhist Prayer (Metta)

Wednesday, August 23, 2017

Please help Ray Kemble of Dimock, PA

Neighbors Craig Stevens (L) and Ray Kemble (R) in Washington DC, telling the EPA's Scientific Advisory Board that the EPA's flawed fracking study needs to be revisited.

Hi all,

I've gotten to know Ray Kemble of Dimock PA over the last 7 years, and he's a really amazing guy.

His accomplishments are many-- He helped us defeat fracking in NY, and stood with us against numerous pipelines, compressor stations and storage projects-- too many to list.

Ray's advocacy has been key in getting a ban in Maryland, and a powerful ban bill in Florida.

Now he is sitting on the story of the century-- that YES, FRACKING alone is PROVEN to contaminate underground sources of drinking water, something the industry has consistently denied for a decade.  (Know of a journalist who wants to win a Pulitzer Prize?)

Remember the EPA's bogus claim in June 2015 that there was no "widespread, systematic impact" on water? Guess who mobilized the effort to convince the EPA's own Scientific Advisory Board that the report needed to be rewritten? Yes, it was Ray Kemble of Dimock!

When I started investigating the new XNG "Virtual Pipeline" #BombTrucks operation, Ray (a 30-year trucker specializing in heavy hauling and HAZMAT) spent hours with me teaching me about trucking (Bridge Formula, HAZMAT rules, etc).

And the industry has noticed how effective Ray has been. You've probably heard that Cabot Oil and Gas has just file a $5 million dollar SLAPP suit against Ray to try to silence his voice. Ray broke his back Feb. of this year, and also had cancer surgery, and has tons of medical expenses.

NOW IS OUR TIME to help Ray keep fighting.

Please donate generously, and PLEASE share this email on all pipeline and fracking lists everywhere. Ray is the "last man standing in Dimock" who has refused to be silenced.

Ray is fighting for all of us who are impacted by gas drilling and infrastructure.

TinyURL.com/LastManStandingInDimock or YouCaring.com/LastManStandingInDimock

Bill Huston, Binghamton NY
May you, and all beings
be happy and free from suffering :)
-- ancient Buddhist Prayer (Metta)

Tuesday, August 8, 2017

Who do you call when the first responders are owned by the biggest threat to public safety?

Who do you
call when the first responders are owned
by the biggest threat to public safety?

-- BH, hypothetical question


I was checking online for the article which Vera recently posted about Cabot's lawsuit against Ray, and I found this:
Susquehanna County Sheriff's Deputies are getting new bullet-proof vests, thanks to a $10,000 donation from Kinder Morgan to support the department's public safety efforts.
In a check presentation held Thursday, July 27, Allen Fore Vice President of Public Affairs for Kinder Morgan presented Sheriff Lance Benedict with the check.
Here's a comment I left on the article:

| August 8, 2017 at 6:08 pm | Reply
Your comment is awaiting moderation.

Headline should read, "Roosters crowing over Fox's gift of Shark Repellant to protect the Henhouse!"

Reminds me of this story from a couple of years ago:

Which I reported on here:

And my own experience with the Vestal PD:

Or the latest #BombTrucks rollover in Forest Lake, where the County Emerg. Mangement officials were turned away by the Forest Lake FD, whom we understand work for XNG:


… I think it is TRAGIC, IMMORAL, and possibly ILLEGAL how our Police and Fire personnel with a DUTY to a Public Safety purpose, are co-opted to do the biding of the industries which are pose the greatest threat to public safety.

May you, and all beings
be happy and free from suffering :)
-- ancient Buddhist Prayer (Metta)

Thursday, August 3, 2017

FOIL / Freedom of Information Act Request / Back and Forth

Request for information to FERC (Federal Energy Regulatory Commission) under Freedom of Information Law (FOIL).

My original request: 27 July 2017
TO: FOIL Officer, Leonard Tao, Office of External Affairs

  1. I am seeking all correspondence between FERC and any of these corporate entities:

    XNG, Xpress Natural Gas, Direct Energy, Direct Energy Business

    between 2011 to the present, which relates to EITHER

    a) any NGA section 3 or section 7 jurisdictional questions about the operation of terminals to transport LNG or CNG by trucks, OR,

    b) any inquiries, correspondence or application for a Certificate of Public Convenience and Necessity from FERC, or to being a Prefile process for such, for operation of terminals to transport LNG or CNG by trucks
  2. I prefer electronic copies, originals as submitted to FERC
  3. I am willing to pay any reasonable fees, HOWEVER as I am a public interest researcher, I would ask for a waiver of fees.  
  4. My interest is as a citizen researcher, for public service journalism. I have worked as a researcher, videographer, and blogger in the public interest since 2010.
  5. As this relates to a critical and current public safety investigation, I am requesting expedited processing
Best Regards,
William Huston
My second request 3 Aug 2017
From: William Huston <williamahuston@gmail.com>
Sent: Thursday, August 3, 2017 1:07 AM
Subject: FOIL / Freedom of Information Act Request #2 8/3/2017

TO: FOIL Officer, Leonard Tao, Office of External Affairs
  1. I am seeking all correspondence between FERC and any of these corporate entities:

    NG Advantage, Clean Energy, Clean Energy Fuels

    between 2011 to the present, which relates to EITHER

    a) any NGA section 3 or section 7 jurisdictional questions about the operation of terminals to transport LNG or CNG by trucks, OR,

    b) any inquiries, correspondence or application for a Certificate of Public Convenience and Necessity from FERC, or to being a Prefile process for such, for operation of terminals to transport LNG or CNG by trucks

  2. I prefer electronic copies, originals as submitted to FERC

  3. I am willing to pay any reasonable fees, HOWEVER as I am a public interest researcher, I would ask for a waiver of fees.  

  4. My interest is as a citizen researcher, for public service journalism. I have worked as a researcher, videographer, and blogger in the public interest since 2010.

  5. As this relates to a critical and current public safety investigation, I am requesting expedited processing
Best Regards,
William Huston
FERC's reply 3 Aug, 2017:
Mr. Huston
Please be advised that the Federal Energy Regulatory Commission is an independent agency that regulates the interstate transmission of electricity, natural gas, and oil. FERC also reviews proposals to build liquefied natural gas (LNG) terminals and interstate natural gas pipelines as well as licensing hydropower projects. The Energy Policy Act of 2005 gave FERC additional responsibilities as outlined and updated Strategic Plan.  FERC does not regulate Compressed Natural Gas nor handle the operation of terminals to transport LNG or CNG by trucks.   http://www.ferc.gov/

The type of information that you are seeking may be available at US Department of Transportation, Pipeline and Hazardous Materials Safety Administration or the Department of Energy. For your convenience we are providing the links to these Federal Agencies: 

  • DEPARTMENT OF TRANSPORTATION /Pipeline and Hazardous Materials Safety Administration 

Department of Energy /FOIA REQUEST
If you have additional questions regarding matters handled by FERC, please do not hesitate to contact the FOIA/CEII Service Center at foia-ceii@ferc.gov(202) 502-6088 or contact me directly at (202) 502-8389.

 Toyia Johnson
Toyia Johnson
Office of External Affairs
FOIA Public Liaison
Phone:  (202) 502-8389Toll Free: 1-866-208-3372
Online FOIA & CEII request forms: http://www.ferc.gov/legal/ceii-foia.asp

NOTICE: This email message and any attachments are for the sole use of the intended recipients and may contain information that is classified as privileged, CEII or otherwise protected from disclosure. Any unauthorized review, use, disclosure or distribution is strictly prohibited.  If you are not the intended recipient, please contact the sender by reply email and delete the original message and attachments from your computer and other electronic devices.

My response 3 Aug, 2017:
Hi Toyia,

Thanks for the reply. Unfortunately, it is not legally responsive.

Please have a look at 5 U.S. Code § 552. "Public information; agency rules, opinions, orders, records, and proceedings" (Freedom of Information Law). 

This law places certain duties upon you in terms of a) time limits for a response, b) assignment of a tracking number, and c) acceptable ways that you are obligated to reply.

For example, you can give me the records I request.
Or, you can deny my request, citing certain exemptions.
Or, you can ask for more time.

However, you have done none of these things.
In two different FOIL requests for records,
I asked for "correspondence between FERC" and several different
business entities. (See the original requests for the list of business nams)
Instead of granting me these records, or denying my request, or asking for more time, you instead answered a *jurisdictional question*.

There are several problems with this.

  • You have given me an *interpretation* of the law.
  • I do not believe your opinion on such matters is legally binding.
  • This is not what I asked for.
Respectfully, can you please either

a) give me the records I have requested
b) deny my request citing a reason allowable under law, or
c) ask for an extension following the deadlines defined by statute.

Best Regards,
Bill Huston