Commissioner Mark C. Christie Statement
March 18, 2021
Docket No. CP20-487-000
Order: C-3
I concur with the finding in today’s order that Northern’s application[1] meets all applicable statutory requirements and should be approved.
I dissent to the extent that the order makes the approval of this application legally dependent on what is presented herein as an analysis of the purported impact on climate change of this project’s level of GHG emissions.[2] This is a major question of law and, as the order acknowledges,[3] will be considered in a separate proceeding we initiated just one month ago at our February Commission Meeting: the Notice of Inquiry (NOI) on certificate proceedings.[4]
The whole point of this NOI proceeding – at least for me – is to give all interested persons and groups a fair opportunity to weigh in on major issues such as this one, that are relevant to the certificate process, without preconditions or prejudgments on those issues. Among other issues, this NOI seeks comment on legal questions concerning potential GHG emission and climate change analyses. It is unfair and premature at best to jump the gun on that NOI process by effectively deciding this major question of law in this order with its limited participation.
For these reasons, I respectfully concur in part and dissent in part.
[1] The application requested authorization to abandon in place certain line segments and authorization to construct and operate approximately 87.3 miles of pipeline and to modify existing and install new above-ground facilities to replace the capacity associated with the abandoned facilities.
[2] Order at PP 29-39.
[3] Id. at P 33.
[4] Certification of New Interstate Natural Gas Facilities, 174 FERC ¶ 61,125 (Feb. 18, 2021).