If FERC should deny rehearing of the interim order approvingIndependence Pipeline and the MarketLink expansion, Texas EasternTransmission (Tetco) and Rep. William J. Pascrell (D-NJ) separatelyhave asked for a stay of the decision pending a judicial review.

Tetco contends it meets two standards for granting a stay – ithas a “high probability” of succeeding in the courts and it wouldexperience “irreparable injury” in the form of stranded capacity ifthe two projects are given a green light. Also, it believes a staywould provide more opportunity to review its proposed leasealternatives to the East-bound Independence and MarketLinkprojects, which it says would be in the public’s interest.

The Duke Energy pipeline argues a stay is appropriate in thiscase because FERC’s decision “while styled [as] an interim order isakin to a certificate order, subject to the typically imposedcondition that the applicant execute contracts” before startingconstruction. The Commission issued the interim order inmid-December, conditionally approving the projects but withholdingcertificates until adequate market support is shown.

Rep. Pascrell has asked for the stay based on what he contendsis a lack of need for the MarketLink expansion, which would gothrough northern New Jersey. Even if MarketLink and Independencecan come up with firm contracts to replace precedent agreements,which the Commission has ordered, “no true need will have beendemonstrated that cannot be satisfied in some alternative way [thatis] less harmful to the communities involved.”

Susan Parker

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