Commissioner James Danly Statement
September 27, 2023
Docket No. CP19-7-000
Today I am requesting additional information regarding the utilization of the 261 Upgrade Project[1] facilities under Tennessee Gas Pipeline Company, L.L.C.’s natural gas transportation agreement with Bay State Gas Company d/b/a Columbia Gas of Massachusetts.[2] On March 11, 2022, the U.S. Court of Appeals for the District of Columbia Circuit remanded the Commission’s orders in this proceeding.[3] I request this information because I view it to be potentially relevant to the Commission’s decision making on remand.
[1] See Tenn. Gas Pipeline Co., L.L.C., 169 FERC ¶ 61,230 (2019), denying reh’g & stay, 170 FERC ¶ 61,142 (2020).
[2] See Tenn. Gas Pipeline Co., L.L.C., 165 FERC ¶ 61,134 (2018).
[3] See Food & Water Watch v. FERC, 28 F.4th 277, 289 (D.C. Cir. 2022) (“[W]e remand to the agency to perform a supplemental environmental assessment in which it must either quantify and consider the project’s downstream carbon emissions or explain in more detail why it cannot do so.”); id. (“On remand, the Commission remains free to consider whether there is a reasonable end-use distinction based on additional evidence, but it has not carried its burden before us at this stage.”).