NG Advantage draft EIS for Fenton

​To: Rico Biasetti, CEO NG Advantage

CC: Gerry Myers, COO NG Advantage

     David Hamlin, Supervisor, Town of Fenton
     Albert Millus, esq., Counsel, Town of Fenton
     Tina Fernandez, esq, Counsel, Town of Fenton Planning Board
     Richard Armstrong, Town of Fenton Engineer

     Town of Fenton Planning Board

Dear Mr. Biasetti,

I understand from recent press articles, that NG Advantage will pursue the bulk CNG truck terminal
located in Fenton, NY, that they, the project sponsor will be preparing the Draft EIS for the project.

I have also obtained a copy of the "Projected Review Schedule" under FOIL, which, upon information
and belief, was provided to the Fenton Planning Board by NG Advantage in a closed meeting on 9/14.
(attached)

Unfortunately, I can see that you have not fully grasped Judge Lebous' decision and order, as you are continued
to act in what appears to be BAD FAITH. For example, in the "Projected Review Schedule", we can see that you
have chosen the lead agency to be the Planning Commission, when the judge specifically said this was both unwise,
that a more capable lead-agency should be selected, and that the selection is in the purview of the SEQR process,

and NOT for the Applicant to decide.

We can also see that you have not provided for a public scoping process, and, more insulting, have decided this
would receive a "Negative Declaration" (no environmental impacts). This is patently absurd.

I have prepared the following comments to help guide you through the SEQR process.
This is, in my opinion, some information which will be necessary as you do initial scoping of the
environmental impacts.

SCOPING PROCESS MUST BE PUBLIC, WITH PUBLIC HEARINGS

NY SEQR law requires a public scoping process. I am now a lay-expert on these

trucks, but I do not know everything as I have only been researching this since

mid-May. There MUST be a robust Public Scoping process for potential environmental

impacts so that ALL potentially impacted citizens can participate meaningfully.

REGIONAL IMPACTS MUST BE SCOPED

NY SEQR requires the lead agency to examine all impacts, not just those local to the project.

NG Advantage has continuously asserted throughout this process that all impacts are hyper-local to
the compressor/loading station itself.

For example, the invite-only "Public Sessions" which were in-fact closed to the public. Only residents within
1,000'ft of the fixed facility itself were invited to these NON-PUBLIC sessions.

I was asked to leave under threat of arrest at the first "Open Forum"  at the American Legion, both as a
member of the media, and as a concerned member of the public.

Agents of NG Advantage said the customers of this gas might be as far as 200 miles from the facility.
This is corroborated by the fact you demonstrated a diesel tractor at the above event, which has a longer

range than the CNG tractors used by your competitor, XNG.

As you know, these Type-4 carbon-fiber composite, bulk haul CNG tube trailers are very new.
The earliest permit I can find is for the Hexagon Titan, US DOT SP-14950, first issued 22 February 2012.
I believe this is when the "Virtual Pipeline" market began. The Quantum trailer demonstrated at

your invite-only info-sessions have only been permitted by US DOT (SP-16524) barely 1 year..

Exact nature of your business must be revealed.

A company which is involved in a similar business model, XNG "Xpress Natural Gas" has used fraud and deception.
They told everyone they were involved in local distribution to industrial customers (universities, paper mills,
tomato farms, hospitals, etc).

However we discovered they are in-fact engaged in bulk, wholesale interstate commerce in natural gas,
which is subject to FERC jurisdiction.

Also as you know these trailers are ISO standard intermodal shipping containers. So each of these
"Virtual Pipeline" truck transfer stations are a potential site for US Export. This is subject to DOE and FERC
jurisdiction.

In order to properly determine if you have obtained all required permits, you must make a statement
as to what your business plan is. Are you planning to export this gas? Are you planning on Interstate transport?

At a meeting 31 Jan, 2017, I asked your execs whether you were planning on Pipe-to-Pipe
operations. Gerry Meyers told me "maybe".

This is very different from the public statements you are otherwise making, about delivering

gas to industrial customers who are not on a pipeline.

Routes and Terminii must be revealed at time of scoping

In order to perform an Environmental Impact Statement which properly examines all
impacts of your business, we must know several things:

1: The exact model trailers you are using, and the operating pressure.

2: The Potential Impact Radius of a catastrophic failure of a full trailer, and

3: The routes (and customers) you will be delivering to.

With this information, we can then move the impact radius circle along the route, and assess how many schools,
day care centers, nursing homes, businesses, private residences etc. might be impacted by a catastrophic failure.
We can also look at special hazards, such as bulk storage of HAZMAT materials, at-grade RR crossings, etc.

So far, we have none of this information.

Quantitative Risk Analysis must be performed

Science has a way of determining risk. This is called a QRA.

This MUST be done prior to being permitted.

Exact truck/trailer combo, trailer capacity and pressure, must be revealed

This is necessary to understand the potential impacts of a catastrophic failure.

Necessary safety data either does not exist, or has not been revealed

I have done an exhaustive search in all states where these trailers are presently

in use. I have found NO CASE where either an EIS or a QRA were performed,

Basic information like the PIR (Potential Impact Radius) either does not exist

or is considered proprietary (secret).

As far as I have seen, the protocol used by US DOT is utterly inadequate.

I still have outstanding records request from US DOT, but so far, I have

seen no evidence US DOT or the manufacturer has done real-world destructive

testing of a fully-loaded trailer. (Head-on impact, Side Impact, Diesel fire,

Worst-case explosive scenario -- puncture first, vapor cloud, then ignition).

Potential Impact Radius and possible modes of catastrophic failures must be revealed

This is necassary for both the QRA and the EIS

Bulk, Wholesale, Interstate Transport in Natural Gas Requires FERC Certificate and environmental review under NEPA

XNG is currently using these trailers to do bulk, wholesale, interstate transport of Natural Gas

without a Certificate of Public Convenience and Necessity, as required by the Natural Gas Act.

I have petitioned FERC to take jurisdiction over XNG's operation as is required by law

and issue an enforcement action.

Additionally, any FERC regulated activity, such as exports or interstate commerce, requires

an Environmental Impact Statement under the National Environmental Policy Act (NEPA).

US Export requires FERC and DOE approval.

Natural Gas Act requires both DOE and FERC approval for US Exports. Intent to export
MUST be declared now.

Public Interest must be respected

You have consistantly shown contempt for NY State Laws, and for the public's

ability to participate in the process. This must stop if you think we will

give you a permit to operate here.

If these guidelines are not followed, I am stating my intention

to seek all remedies available to me under law.

Best Regards,

William Huston, Independent Pipeline and Hazardous Materials Safety Investigator
Binghamton, NY

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