Commissioner James Danly Statement
March 25, 2022
Docket No. CP21-179-000

I concur with the Commission’s finding that Nopetro LNG, LLC’s liquefaction and truck loading facility and associated transloading operations in Port St. Joe, Florida would not be subject to the Commission’s jurisdiction[1] under section 3 or section 7 of the Natural Gas Act.[2]  I write separately merely to express my continued disagreement with the Commission’s expansive view of its jurisdiction in New Fortress Energy, LLC.[3]

For these reasons, I respectfully concur.

 

[1] See Nopetro LNG, LLC, 178 FERC ¶ 61,168 (2022).

[2] 15 U.S.C. §§ 717b, 717f.

[3] See New Fortress Energy LLC, 174 FERC ¶ 61,207 (Danly, Comm’r, dissenting), reh’g denied, 176 FERC ¶ 61,031 (2021) (Danly, Comm’r, dissenting).

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