Panel Holds Key Opinion

By Tom Incantalupo, Newsday, Melville, N.Y.

Jan. 9–The federal commission that will make the most important ruling, if not the final one, on a liquid gas terminal proposed for the middle of Long Island Sound has been criticized at times by public watchdogs and environmentalists for being too cozy with the energy industry it regulates.

Its staff was blasted last year by Connecticut academics for allegedly flawed research on a report concluding that the floating terminal proposed by Broadwater Energy Corp. of Houston could be operated without damaging the environment.

But the Federal Energy Regulatory Commission, which is scheduled to hold four public information meetings on the Broadwater project in Connecticut and Long Island beginning tonight, has the respect of some environmentalists.

Terry Black, director of a Florida-based project funded by environmental groups to help them deal with the commission, said, “In all my experience, I have never worked with people as capable and sophisticated technically as the staff there. “

If approved, Broadwater’s 1,200-foot-long terminal would be built 9.2 miles north of Wading River in New York State waters and go into operation in late 2010, taking on super-cold liquefied natural gas from tankers, heating and regassifying it, and eventually piping it ashore.

The five-member FERC was created in 1978 to replace the Federal Power Commission and is bipartisan. No more than three members can be from the same political party. All of its current members were appointed by President George W. Bush, but Suedeen Kelly of New Mexico is a Democrat and Jon Wellinghoff of Nevada is an independent.

Four are lawyers: Kelly; Wellinghoff; chairman Joseph Kelliher, a Bronx native raised in New Jersey; and Marc Spitzer of Arizona. Commissioner Philip Moeller of Washington state has a bachelor’s degree in political science.

All have had experience in setting, or at least teaching, energy policy, helping run public utilities or representing them.

None of the members have publicly voiced an opinion on Broadwater.

David Hamilton, the Washington-based director of global warming for the Sierra Club, said the commission seems to have become more attuned in recent years to the benefits of energy conservation in taking some of the load off energy infrastructure, but added, “Their sensitivity to environmental issues on their own merits is still scant to nonexistent. “

Commission spokesman Bryan Lee said, however, that commission approvals always are granted contingent on a long list of measures to ensure public health and safety are protected; the report concluding that Broadwater could operate safely, for example, was predicated on 79 conditions being met.

But two academics from Connecticut told government officials that the document was poorly researched. One, Peter Auster, science director for the National Undersea Research Center of the University of Connecticut, said, “If they did a more thorough job of discussing what the potential impacts are, they could have done a better job of evaluating viable alternatives. “

FERC’s decisions are not subject to review by the president or Congress, but can be challenged in court.

FERC is expected to rule on the Broadwater project this year, as soon as late spring. New York State’s Departments of Environmental Conservation, State and General Services also must approve it, with their decisions also expected later this year.

Agency profile

The Federal Energy Regulatory Commission:

A five-member federal government entity whose members serve alternating five-year terms.

All current members appointed by President George W. Bush: three Republicans, one Democrat, one independent.

Jurisdiction over a wide range of power-producing and transmission projects on- and offshore, including the proposed Broadwater Energy Corp. liquid natural gas plant in Long Island Sound.

Headquartered in Washington, D.C. Has staff of more than 1,200.

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Copyright (c) 2007, Newsday, Melville, N.Y.

Distributed by McClatchy-Tribune Business News.

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