LB City Attorney Files Motion Seeking Intervenor Status In LB LNG FERC Proceeding
UNITED STATES OF AMERICA
(February 19, 2004) -- The LB City Attorney's office has filed a motion with the Federal Energy Regulatory Commission (FERC) seeking intervenor status for the City of Long Beach in FERC's proceedings on the application by a Mitsubishi subsidiary ("Sound Energy Solutions") to build a Liquefied Natural Gas facility in the Port of Long Beach.
Intervenor status would effectively give LB City Hall the administrative right to participate as a party in FERC's proceeding. As described on FERC's web site, intervenors enjoy "distinct advantages over those who only file comments" including the right to participate in hearings before FERC's administrative law judges, file briefs, file for rehearing of a Commission decision, have legal standing in a Court of Appeals if they challenge the Commission's final decision; and be placed on a service list to receive copies of case-related Commission documents and filings by other intervenors.
In the public interest, LBReport.com quotes pertinent portions of the city's motion below.
As previously reported by LBReport.com, at the Feb. 17 City Council meeting, LB writer Bry Myown used the public comment period to note the impending Feb. 23 deadline for seeking intervenor status...and urged the city to do so. Ms. Myown's remarks sparked brief Council discussion with City Attorney Robert Shannon, who noted that his office had already filed with FERC as an "interested party" and a number of city agencies are already permitting parties and thus have the right to comment...but also indicated that he planned to examine the matter the next day to see if the city might gain some additional rights by seeking to intervene.
Excerpted text from the city's motion to intervene follows:
FEDERAL ENERGY REGULATORY COMMISSION
Sound Energy Solutions -- Docket No. CP04-58-000
MOTION TO INTERVENE OF
CITY OF LONG BEACH, CALIFORNIA
Pursuant to Rule 214 of the Federal Energy Regulatory Commission's ("Commission") Rules of Practice and Procedure and the notice issued by the Commission in the captioned proceeding on February 2, 2004, the City of Long Beach, California (City) submits its motion to intervene.
City is a "municipality" within the meaning of section 2(3) of the Natural Gas Act located within the County of Los Angeles in Southern California . City owns and operates the gas distribution system serving the cities of Long Beach and Signal Hill. The City utility purchases both core and non-core natural gas for its municipal gas utility which is resold to its customers at cost. The proposed site of applicant's liquefied natural gas (LNG) terminal in the Port of Long Beach, is located in the City. The City owns and operates a fleet of vehicles using natural gas fuel and operates natural gas vehicle fuel stations...
On January 26, 2004, Sound Energy Solutions (SES) filed an application, pursuant to Section 3(a) of the Natural Gas Act and Part 153 of the Commission's Regulations, for authorization to site, construct and operate a liquified natural gas (LNG) terminal located in the Port of Long Beach, Los Angeles County, California for the purpose of importing LNG into the United States.
SES further requests a final order to be issued by the Commission by October 20, 2004, enabling commencement of construction in order to meet an in-service date in 2008. SES stated that its proposed LNG import terminal is designed to import LNG from Asia and elsewhere abroad to the United States for sale in California's non-core natural gas markets and provide liquid vehicle fuel to customers in the Los Angeles Basin. The majority of the LNG will be received from ocean-going tankers, stored in its liquid state, then vaporized for transportation at an average rate of 700,000 with a peak capacity of 1,000,000 Mcf per day via a new 2.3 mile natural gas pipeline to be constructed, owned and operated by a third party which will connect with the Southern California Gas Company's existing pipeline system at its Salt Work's Station, Line 765.
The City operates a municipal gas utility, a fleet of natural gas vehicles and operates natural gas fueling stations. The proposed site of the LNG terminal is within the Port of Long Beach, in the City of Long Beach and thus issues of public safety, security and environmental impact are of concern to the City and citizens of Long Beach as well as the availability of a clean-burning fuel, steady supply of natural gas, and economic benefits from the location of an LNG terminal in the Port of Long Beach. Thus, City has a vital interest in the outcome of this proceeding that cannot be adequately represented by any other party.
Accordingly, City's intervention in this proceeding is appropriate and in the public interest.
WHEREFORE, City respectfully requests that it be permitted to intervene as a party in the captioned proceeding with the full rights and privileges accorded to parties before the Commission appurtenant to that status.
Dated this 19th day of February 2004.
CITY OF LONG BEACH, CALIFORNIA
By: Carol A. Shaw, Deputy City Attorney
ROBERT E. SHANNON, City Attorney
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Attorneys for CITY OF LONG BEACH
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