FERC stonewalling public on fracked gas pipeline risk

by Bill Meyer

 

When the public learned that New York state had stopped "fracking," there were widespread celebrations. Those opposed to fracking praised Governor Andrew Cuomo for wisdom and clarity in rejecting a dangerous, unhealthy, and destructive industrial process that many feel can never be done safely.

However, while New York’s fracking review proceeded, another fracked gas controversy was garnering far less media attention, even though it will impact many local communities every day.

The Federal Energy Regulatory Commission (FERC) on Jan. 23 took another step closer to approving a Spectra Energy project to dramatically increase a pipeline that would transport Pennsylvania fracked gas over a 1,000-mile route into New England. Regrettably, this review heavily relies on studies provided by Spectra Energy itself.

FERC has made no meaningful response to the many residents, New York state agencies, and elected officials that have requested independent risk and environmental studies, and a more thorough analysis of the specific impacts on local communities.

For example, when U.S. Rep. Nita Lowey asked FERC to compel Spectra to provide an independent risk analysis on important safety issues related to the expanded pipeline’s close proximity to the Indian Point nuclear power facilities, she received a “form letter”-style reply stating that all of the identified issues had been evaluated.

Despite a lack of necessary information and the full public review of potentially dangerous impacts, the recent FERC final environmental impact statement (EIS) has told us not to worry because, although there are negative impacts, some of them will be addressed at a later time.

Many people have spent considerable time and resources pulling together detailed information about what this proposal would do to our communities.  Among other issues, they have identified:

  • the need for an independent review of the dangers to the Indian Point nuclear facility;
  • destruction of local parkland;
  • exposure of families and children to harmful air and water contaminants;
  • public health concerns from toxic pipeline systems known as “pigging” and “compressor stations” in residential neighborhoods; and
  • potentially catastrophic pipeline risks such as explosions and uncontrolled fires.

The cornerstone of FERC’s review is the National Environmental Policy Act. It requires public comment because it is understood that a federal agency’s staff cannot adequately take a “hard look” at the impacts on local communities. These impacts are best addressed when those directly affected are able to review and comment on proposals. The catch is that FERC has not obtained and publicly presented much of the legally required information. Therefore, thousands of impacted neighbors have not seen, let alone had the chance to publicly comment on in any meaningful way, information that directly affects them. Even though a final EIS is out, crucial data and information have not been addressed or subjected to public review and comments. This is unacceptable.

New York state has put many years into its effort to study the environmental and health impacts of fracking, concluding that the scientific information currently available does not support drilling. Yet, through an incomplete federal process, New York residents may end up being exposed to larger amounts of fracked gas from the expansion of this pipeline and compressor stations. If approved, local communities with scarce financial resources will be left without any opportunity to challenge the legality of the project. Most will be unable to wage expensive court battles in order to address the many ignored issues. It should not come to this.

State elected officials and environmental agencies have called for FERC’s omissions regarding this pipeline to be corrected. The Lower Hudson Group of the Sierra Club urged Sens. Charles Schumer and Kirsten Gillibrand to join its members and Rep. Nita Lowey in demanding that FERC follow its own rules.

Both senators subsequently sent strong letters to FERC, urging the agency to address public concerns.

New York residents expect federal officials to give the same attention to this issue that our state officials provided when assessing the risks frack-ing posed to our health, safety, and welfare. Nothing less is acceptable.

Bill Meyer is chair of the Sierra Club’s Lower Hudson Group and Chapter conservation chair. This article first appeared in “The Journal News,” a newspaper serving the Lower Hudson.

 


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