Docket Nos. CP20-55-000
Today’s order makes a finding of fact that the upstream GHG emissions are not reasonably foreseeable.[1] I would add, however, that, unlike downstream emissions, the Commission has no legal obligation to estimate emissions from upstream, non-jurisdictional activities anyway, so this finding fulfills no legal obligation, and amounts to a “finding” of no legal consequence. Further, the Commission has no legal authority whatsoever to order mitigation of such non-jurisdictional upstream activities, much less to consider such non-jurisdictional upstream emissions in our merits review under the Natural Gas Act. For these reasons, I respectfully concur.
For these reasons, I respectfully concur.
[1] Order at P 59. The Supplemental EA reached the same conclusion. Supplemental EIS at 119-120.