Docket No. CP22-15-000

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.

 

[1] Order at PP 32-33.  The Final EIS reached the same conclusion.  Final EIS at 144.

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