FERC on Monday rejected requests by New England parties to reopen the case on the proposed Weaver’s Cove liquefied natural gas (LNG) import terminal to be located in Fall River, MA, saying the parties failed to demonstrate that the company’s new plan to use smaller tankers to navigate the Taunton River amounted to “extraordinary circumstances.”

The city of Fall River, the Conservation Law Foundation, Save the Bay and a private citizen, Michael L. Miozza, filed motions in March seeking to reopen the proceeding on the controversial Weaver’s Cove LNG project, which FERC approved in July 2005 (see Daily GPI, July 1, 2005). They argued that Weaver’s Cove LNG’s plan to use smaller tankers to clear the existing Brightman Street Bridge and make deliveries to the proposed terminal fundamentally altered the project, and required FERC to reopen the record to conduct further environmental analysis and public interest review.

But FERC disagreed. “In determining whether there is good cause to reopen the record…the Commission considers whether or not the party requesting reopening has demonstrated the existence of extraordinary circumstances that outweigh the need for finality in the administrative process. To persuade the Commission…the party must demonstrate a change in circumstances that is more than just material — the change must go to the very heart of the case. We find that movants have not met that burden and will deny their request to reopen,” the order said [CP04-38-002].

The ruling was another major setback for the opponents of the Weaver’s Cove LNG project. Their only remaining option now is to block construction of the proposed terminal facility in court.

“Issues related to the navigability and safety of LNG vessels on the Taunton River and other pertinent waterways are properly before the agency with appropriate jurisdiction to address them — the Coast Guard. No changes to our authorization or additional analysis are required with respect to the other matters raised by movants,” the FERC order said.

“We note, however, that if the Coast Guard’s review of this matter results in changes to the project that require a change to our authorization, we would determine at that time what additional review we might be required to undertake in connection with such changes…Finally, because we are denying the motions to reopen the record, we likewise will deny Fall River’s motion to stay the Commission’s orders” approving the Weaver’s Cove project and denying rehearing of that decision. Following FERC’s refusal in January to rehear the case, Fall River and Miozza sought judicial review of the agency’s orders.

Weaver’s Cove LNG sponsors, Hess LNG and Poten & Partners, were forced to reduce the size of the LNG tankers following enactment of a federal transportation law in 2005 that blocked demolition of the Brightman Street Bridge over the Taunton River (see Daily GPI, Aug. 10, 2005). Leaving the bridge in place effectively prevents the LNG project from using traditional-size LNG tankers, which can’t fit through the bridge’s opening.

As a result, the Weaver’s Cove LNG sponsors announced plans in February to use smaller LNG tankers that would make more frequent trips up the Taunton River to the proposed terminal site (see Daily GPI, Feb. 14).

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