INGAA Seeks Rehearing of Sea Robin Remand
A major pipeline group last week sought rehearing of FERC's
remand decision on Sea Robin Pipeline on the grounds that it failed
to include the "behind-the-plant" factor when determining the
jurisdictional status of the offshore gas pipeline.
This "is the first time that the Commission has declined, in a
particular case ripe for judicial review, to include the
behind-the-plant factor as one element of the appropriate test for
establishing the Commission's NGA jurisdiction over offshore
facilities," the Interstate Gas Association of America (INGAA) said
In weighing the "behind-the-plant" factor, FERC in the past
routinely has found that offshore facilities located upstream of
processing facilities were non-jurisdictional in nature, and those
downstream of such facilities were jurisdictional, INGAA noted.
Based on this factor and others, Sea Robin - which transports raw
natural gas - should have been found to be totally exempt from
Commission jurisdiction, it told FERC.
Instead, FERC in late June decided to split the baby on Sea
Robin, ruling that half of the offshore pipeline's offshore
facilities were exempt gathering and half were jurisdictional
transportation. Specifically, it said Sea Robin's facilities
upstream of the Vermillion 149 platform were gathering, while its
pipeline facilities (a 66-mile, 36-inch line) downstream of the
platform were transmission in nature.
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