Today’s order issues Gulf South Pipeline Company, LLC (Gulf South) a certificate to construct and operate its proposed Lamar County Expansion Project (Project) located in Lamar and Forrest Counties, Mississippi. The Project will include the construction of approximately three miles of 20-inch-diameter pipeline lateral and a compressor station, and will provide up to 200,000 dekatherms per day of firm transportation service to Cooperative Energy’s Morrow Power Station, Moselle Power Plant, and Benndale Power Plant.[1]
I fully support the order as it complies with the Commission’s statutory responsibilities under the Natural Gas Act (NGA) and the National Environmental Policy Act. The order determines that the Project is in the public convenience and necessity, finding that the Project will not adversely affect Gulf South’s existing customers or competitor pipelines and their captive customers, and that Gulf South has taken appropriate steps to minimize adverse impacts on landowners.[2] The order also finds that the Project will not significantly affect the quality of the human environment.[3] Further, the Commission quantified and considered greenhouse gases (GHG) emitted by the construction and operation of the Project and by the operation of Cooperative Energy’s power plants,[4] consistent with the holding in Sierra Club v. FERC (Sabal Trail).[5]
As discussed in the order, the Commission quantified an upper bound estimate of the GHG emissions that could be combusted at Cooperative Energy’s existing power plants.[6] Furthermore, as discussed in the order, the Commission considered whether the GHG emissions were significant, but concluded that it has no suitable means by which to determine if the GHG emissions were significant.[7]
I write separately to respond to my colleague’s argument that the Commission should have determined whether the GHG emissions related to the Project are “significant.” In my concurrence in Transcontinental Gas Pipe Line Company, LLC (Transco), I explain that the Commission has no standard for determining whether GHG emissions significantly affect the environment, elaborate on why the Social Cost of Carbon is not a useful tool for determining whether GHG emissions are significant, and explain that the Commission has no authority or reasoned basis to establish its own framework.[8]
For logistical reasons and administrative efficiency, I hereby incorporate my entire analysis in Transco by reference and am not reprinting the full text of my analysis here.[9]
For the reasons discussed above and incorporated by reference herein, I respectfully concur.
[1] Gulf South Pipeline Co., LLC, 171 FERC ¶ 61,228 (2020).
[2] Id. PP 12-15.
[3] Id. P 44.
[4] Id. PP 33-34.
[5] 867 F.3d 1357 (D.C. Cir. 2017).
[6] Gulf South Pipeline Co., 171 FERC ¶ 61,228 at P 33.
[7] Id. P 32.
[8] Transco 171 FERC ¶ 61,032 (2020) (McNamee, Comm’r, concurring at PP 63-74)
[9] Id. PP 16-74.