Docket No. CP20-55-001
I concur in today's Order and write separately only to address Commissioner Danly's misgivings regarding the Commission's authority to oversee the operational safety of LNG facilities.[1]
I have previously explained in detail why the Commission's authority to regulate operational safety at LNG facilities is beyond serious question.[2] In a nutshell, our authority rests on the broad authorizing language in the Natural Gas Act, complementary language in other relevant federal statutes, and nearly forty years of consistent agency interpretation and practice.
Over the decades, the Commission has built a substantial LNG safety regulatory program. In doing so, the Commission followed Congress’s direction.
For these reasons, I respectfully concur.