Stay Sought of NE Pipe Projects if Rehearing Denied
If FERC should deny rehearing of the interim order approving
Independence Pipeline and the MarketLink expansion, Texas Eastern
Transmission (Tetco) and Rep. William J. Pascrell (D-NJ) separately
have asked for a stay of the decision pending a judicial review.
Tetco contends it meets two standards for granting a stay - it
has a "high probability" of succeeding in the courts and it would
experience "irreparable injury" in the form of stranded capacity if
the two projects are given a green light. Also, it believes a stay
would provide more opportunity to review its proposed lease
alternatives to the East-bound Independence and MarketLink
projects, which it says would be in the public's interest.
The Duke Energy pipeline argues a stay is appropriate in this
case because FERC's decision "while styled [as] an interim order is
akin to a certificate order, subject to the typically imposed
condition that the applicant execute contracts" before starting
construction. The Commission issued the interim order in
mid-December, conditionally approving the projects but withholding
certificates until adequate market support is shown.
Rep. Pascrell has asked for the stay based on what he contends
is a lack of need for the MarketLink expansion, which would go
through northern New Jersey. Even if MarketLink and Independence
can come up with firm contracts to replace precedent agreements,
which the Commission has ordered, "no true need will have been
demonstrated that cannot be satisfied in some alternative way [that
is] less harmful to the communities involved."
©Copyright 2000 Intelligence Press, Inc. All rights
reserved. The preceding news report may not be republished or
redistributed in whole or in part without prior written consent of
Intelligence Press, Inc.