Sunday, October 5, 2014

Dominion New Market Project -- Messaging & Comment Ideas

This is going to a few friends.
Please help get the word out
and share this. --

This hearing is just 3 days from now!!

WHEN: Wednesday Oct 8 2014 -- 7pm,
  Probably a Rally and Press Conference at 6pm
   Small Room! Get there early.

WHERE: Town Hall., 995 State Route 26,
Georgetown, NY 13072 (Madison County)

WHAT:  Federal Energy Regulatory Commission
(FERC) Public Hearing on
The Dominion New Market project
Docket CP14-497

will bring 112,000 Dekatherms per day
of Radon-Laced Fracked Gas
to New York customers.

112,000 Dekatherms is equivalent energy
to about 30 kilotons of TNT,
or about 2 Hiroshima bombs.

Sound good to you?




Get this--
The Dominion New Market project
is 33,000 HP additional compression
into a 50+ y/o pipe,
which probably has defective welds (*).

Heck, What could go wrong?

Sissonville WV (20' pipe) was similar pipe.  Oops. 

FERC the permitting agency
is not only funded by industry,
they violate US Law (**) a dozen ways.
  • FERC does not consider upstream impacts,
       like fracking (violates NEPA)
  • FERC does not consider downstream impact
       like radon (violates NEPA)
  • FERC does not consider cumulative impacts
       (violates NEPA)
FERC Commissioners: Rogue's Gallery

But it's EVEN WORSE!!

The FERC Commissioners
are defying orders 
of a Three Judge Panel of Federal Judges,
by continuing to segment projects in violation of NEPA (++).
  • example 1: • Algonquin AIM • Atlantic Bridge, • Access NE
  • example 2: • Constitution Pipeline  • Wright Interconnect, • K-M TGP NED,  • Iroquios SoNo
  • example 3: • Minisink Compressor • CPV Valley Power Plant, •  Hancock Compressor
  • example 4: •  Cove Point LNG, • Williams/Transco Atlantic Sunrise
There are dozens of such segmented projects.
In fact ALL of these projects are interconnected.

If FERC were SANE they would be doing
cumulative impacts analysesof the sum of these.

People have been demanding thisin dozens of different FERC dockets!

NEPA (the Law) REQUIRES this analysis!

Are you OK with FERC:
  • Segmenting Projects?
  • Violating Federal Law?
  • and Defying the Courts?
Oh, one more thing--
This project produces over 200,000 tons
of carbon emissions per year
.

Got that GAS MASK working?

Maybe want to get one of these?
The EPA is calls New Construction Projects
over 100,000 tons per year
a Major Source of Emissions
and subject to PSD  and Title V Permitting.

But! The Dominion New Market Project
is NOT considered a major source, because...

I dunno...! 

 Because it's three facilities, not one maybe?
That makes sense, right?

Sense of scale--

200,000 tons is like 20 miles of train cars
loaded with coal, into the air every year.

Can you imagine a COAL TRAIN 20 miles long?



Imagine what this fallout
could do to local agriculture...?
Imagine with this will do to the AIR WE BREATHE!

"Would you like some LOCAL TOMATOES, Corn, and Wheat with your Soot and Chemicals?"

Please come if you can.

FERC is fast tracking this project,

using what's been called an illegal Fast Track process (%%)

where FERC Pre-Decides
to skip a full Environmental Impact Statement
BEFORE environmental scoping begins! 
(i.e., before they have all the facts)

They don't even hide the fact they are doing this.
Check the FERC Flowchart:

 https://www.ferc.gov/help/processes/flow/gas-2.asp

You OK w/FERC
skipping legal requirements?

FERC routinely looks the other way
when their applicants build jurisdictional facilities

(like the Williams Central Station or the Windsor Dunbar Compressor)

WITHOUT a Certificate of Public Convenience and Necessity, 
IN VIOLATION of the Natural Gas Act.
 
FERC looks the other way while massive facilites are constructed
WITHOUT PERMIT in violation of the Natural Gas Act.  
These facilities are a NUISANCE wherever they are built.

​To be exact: these are NON JURISDICTIONAL "Gathering-line systems"
according to a loophole in the law
-- written by-- 

...drum roll...

the American Petroleum Institute!

The API wrote the loophole!! HAR HAR!
The Architect is Pleased
Think I'm kidding?

It's called the API-RP80, which is
incorporated by reference into the regulations.

SEE FOR YOURSELF!
49 CFR 192.8

Am I freaking you out yet?

OK! Time for some humor!
Here's a cute video
about a very serious problem:

The Rubber Stamp Song (video)

OK back to the real-life horror show:
Sorry, I wish this were a Halloween Prank!

The Natural Gas Act (Federal Law) says 
if an applicant is unfit to run the facility safely--
if they violate laws and defy regulations, then
"...such application shall be denied"
-- Read It!  15 U.S. Code § 717f(e)

Um...

Because FERC is a ROGUE agency
which defies the courts and the Federal Law, maybe?

"Williams Partners -- A proven leader-- in Industrial Accidents!"


Does it sound OK to you
for FERC to continue to issue permits
to companies with horrible Safety and Compliance Records
in violation of the Natural Gas Act?

Show of Hands?
Oh, did I tell you that FERC and Dominion
are Conspiring to Hide
SO MUCH critical safety information
... like MAOP, heat, operating pressure, physical parameters
about the exsiting pipe, inspection records, Cathodic Protection history,
and on and on... 

-- that it is impossible to determine
WHO in the path lives in a High Consequence Area?

A 30 min video on these topics

A SHORT 6 minute video

Here's an essential fact sheet

on the Dominion New Market Project:

http://nyfriendsofcleanairandwater.blogspot.com/2014/10/fact-sheet-for-dominion-new-market.html
(corrected link to the proper docket)
I hope to see some of you on Wednesday!

Reminder that the Federal Courts are mostly not on our side.

There is generally agreed
no cause for relief PRIOR to FERC issuing a permit.

But then it's too late!We've seen this so many times...
in re., Minisink, Spectra, and the TGP cases---
These were all built while tied up in the courts. 


In all of these cases, the projects were built
and are Now in Service. 


BOTTOM LINE:
It is almost USELESS to seek remedy in the courts.

Recap of some recent decisions of the Federal Courts:
Summary: FERC can wildly violate NEPA and the Natural Gas Act
and other laws, but this alone does not denote a cause of action
or granting a petition to review.

No group of citizens or intervenors can petition the courts
for review unless there is proven injury.


People who fear Radon Gas exposure
do not have legal standing
...until they are sick or dead.

  • Minisink Residents et. al. v. FERC, 12-1481

    Summary: No one wants a stinky, loud, obnoxious compressor
    in the neighborhood! WHO WOULD?
    But Minisink Residents should SUCK IT UP
    and STOP WHINING
    and be GROWN-UPS
    for the greater good 
    of corporate profits and exports to factories in China.

    (slightly paraphrased)

    PS: the judge who wrote the decision
    made between $5,000 to $15,000 in dividend income
    from a fund which has $1.7 Billion invested
    in Fracked Gas and Pipeline Companies
    !!

    I could not invent such a story, friends!! 
    CHECK MY FACTS
Carolyn Elefant -- one of the TOP attorneys fighting FERC cases
and a former FERC staffer, recently said after Minisink--

"I don't see how any of these cases are winnable."
-- Carolyn Elefant, esq.  [SOURCE]
Friends--
These actions by FERC are CRIMES
which are putting many human lives at risk.

It is for all of these reasons that
It has become my personal opinion
that it is time to activate the
Pledge to Resist
.


This means, nonviolent direct actions,
possibly risking arrest.
Putting our bodies in the way of injustice.

I will leave this up to individuals
and also "the hive" to decide and discuss.

I am grateful to all of my friends
who stand next to me
in defense of the Earth.

Will Moksha Huston


Footnotes:

* LF-ERW pipe was common prior to 1970.
Known to have defective welds subject to fail as the pipeline ages.

** FERC has many recent violations of both NEPA--
National Environmental Policy Act, and also the Natural Gas Act.

++ See: Delaware Riverkeeper Network v. FERC, 13-1015,

U.S. Court of Appeals for the D.C. Circuit

%% Maya van Rossum of DRN has talked about this.

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

Don't forget to sign the
Pledge to Resist
the Constitution Pipeline:

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