West Coast senators warn FERC not to approve ‘flawed and unwanted’ NW gas pipeline expansion

WASHINGTON (KTVZ) – Senators Jeff Merkley (D-OR), Patty Murray (D-WA), Ron Wyden (D-OR) and Maria Cantwell (D-WA) on Wednesday urged the Federal Energy Regulatory Commission (FERC) to reject a proposal from TC Energy for a major expansion of methane gas infrastructure in the Pacific Northwest, as FERC is scheduled to take up the proposal at a Thursday meeting.

The senators pointed to what they called a myriad of problems with TC Energy’s proposal and FERC’s consideration process, including the proposal’s direct conflict with Washington, Oregon, and California climate laws; a potential rise in energy costs for consumers; TC Energy’s troubled safety record; and FERC’s failure to properly and sufficiently consult Tribes prior to a final decision.

Here's the rest of Merkley's news release:

FERC is poised to make a decision despite the serious climate impacts of this project, which would undermine state climate laws and conflict with the Biden administration’s climate goals.

FERC’s decision Thursday will prove to be a major litmus test on whether the Commission can pivot towards a clean energy future or whether it will continue to approve projects that are incompatible with avoiding the worst impacts of climate chaos.

“We write to express our opposition to TC Energy’s proposed Gas Transmission Northwest (GTN) Xpress Project, and to urge the Federal Energy Regulatory Commission (FERC) to reject TC Energy’s request for a certificate of public convenience and necessity. TC Energy’s project would increase rates for consumers, cause over $8.8 billion in climate damages and undermine our states’ efforts to combat the climate crisis just so that a Canadian company can increase the shipment of Canadian fracked methane gas. Elected officials from across Washington, Oregon, and California have been clear: this project is incompatible with our climate laws,” the Senators wrote in a letter to FERC’s four commissioners.

The GTN Xpress Project faces opposition not only from Senators, but also from Governor Tina Kotek (D-OR), Governor Jay Inslee (D-WA), and the Attorneys General of all three West Coast states.

“Oregon passed strong clean energy and decarbonization laws and regulations in 2020 and 2021. These laws are not arbitrary or abstract,” said Oregon Governor Tina Kotek. “Companies have enforceable regulations to meet in order to help prepare our state for a cleaner, more resilient future. I’m opposed to the proposed Gas Transmission Northwest (GTN) Xpress project because I do not believe it can comply with Oregon’s clean energy laws and regulations.”

“We are in the midst of a climate crisis, and the only way to defeat climate change is to end our use of fossil fuels. That’s it,” said Washington Governor Jay Inslee. “Every new fossil fuel project leaves another generation chained to the damage of climate chaos. We must focus intensely on building up our clean energy infrastructure and ensure our children and grand-children have access to the clean energy options and opportunities they deserve and need.”

The Senators also raise concerns that FERC failed to properly consult with impacted Tribes, which is a trust obligation and raises questions about whether the proposal could impact tribal treaty rights. The Columbia River Inter-Tribal Fish Commission was not consulted as part of the environmental review of the project, despite the fact that the pipeline travels near the Snake River and a safety incident could potentially impact endangered fish.   

“GTN Xpress represents a significant expansion of methane gas infrastructure at a time when California, Oregon, and Washington are moving away from fossil fuels. It will increase public safety risks and does not have the support of impacted tribes. Further, the project will raise energy costs for consumers, it is incompatible with laws in all three aforementioned states, and there is not adequate demonstrated need. We oppose GTN Xpress and urge you to deny TC Energy’s request for a certificate of public convenience and necessity,” the Senators concluded in their letter.

The full text of the letter is available here and below.

Today’s letter follows previous letters that highlight how the proposed expansion is not in the public interest and how TC Energy has failed to demonstrate adequate need for the project.

Dear Chairman Phillips and Commissioners Christie, Clements, and Danly:

We write to express our opposition to TC Energy’s proposed Gas Transmission Northwest (GTN) Xpress Project, and to urge the Federal Energy Regulatory Commission (FERC) to reject TC Energy’s request for a certificate of public convenience and necessity. TC Energy’s project would increase rates for consumers, cause over $8.8 billion in climate damages and undermine our states’ efforts to combat the climate crisis just so that a Canadian company can increase the shipment of Canadian fracked methane gas. Elected officials from across Washington, Oregon, and California have been clear: this project is incompatible with our climate laws.

The West coast is leading the race to transition to clean energy and combat the climate crisis, but TC Energy’s proposal is inconsistent with the state laws underpinning those efforts. As the Attorney Generals of California, Oregon, and Washington pointed out, “if GTN continues business as usual with its pipeline in 2050, that would represent 48 percent of the region’s target GHG emissions from all sources.”  Put simply, there is no way that our states can meet their emissions goals if this project moves forward.

TC Energy’s proposal is also bad for consumers, forcing existing customers to subsidize the costs of pipeline expansion to the benefit of TC Energy and Canadian fossil fuel producers. Pacific Gas and Electric and Puget Sound Energy have both intervened because they fear GTN Xpress will unfairly force existing customers to subsidize new customers. TC Energy has filed “an improperly segmented review, hiding the full scope of environmental impacts and costs to consumers.” 

Further, TC Energy has failed to demonstrate that there is need for the project. TC Energy has entered into a precedent agreement with Tourmaline Oil, a Canadian fossil gas producer that is not a utility. FERC’s own Final Environmental Impact Statement for GTN Xpress acknowledged that it is unclear where Tourmaline’s gas would be delivered to, or for what purpose, and then concluded that “downstream emissions from Tourmaline Oil’s subscribed capacity are not reasonably foreseeable.” Since Tourmaline Oil’s uses for the fossil gas are not reasonably foreseeable, they should not serve as the justification for a pipeline expansion.

While it is not primarily FERC’s responsibility, we would be remiss not to mention the poor safety record that TC Energy has demonstrated. In the last year, TC Energy’s Keystone pipeline spilled nearly 600,000 gallons of bitumen oil in Kansas and their Columbia Gas Transmission Pipeline exploded in Strasburg, Virginia. This project intends to increase capacity solely through higher compression, meaning greater safety risks.

Finally, we have strong concerns that FERC did not engage in proper and sufficient tribal consultation. FERC, as a part of the federal government, has a trust obligation to engage in robust government-to-government consultation with impacted tribes. As noted in the letter sent by the Columbia River Inter-Tribal Fish Commission (CRITFC) to FERC, the Environmental Impact Statement (EIS) process does not address several key concerns, including the impacts this project may have on aquatic resources and endangered species.  While the Final EIS acknowledges consultation with the Washington Department of Fish and Wildlife, CRITFC is a co-manager of some critical fishery resources in the Columbia River Basin and should have been consulted as well. The Starbuck Compressor Station is only five miles from the Snake River, which the pipeline crosses en route to Oregon. Whether a safety incident could impact endangered fish, thus impacting tribal treaty rights, does not appear to have been considered.

GTN Xpress represents a significant expansion of methane gas infrastructure at a time when California, Oregon, and Washington are moving away from fossil fuels. It will increase public safety risks and does not have the support of impacted tribes. Further, the project will raise energy costs for consumers, it is incompatible with laws in all three aforementioned states, and there is not adequate demonstrated need. We oppose GTN Xpress and urge you to deny TC Energy’s request for a certificate of public convenience and necessity.