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    LB LNG Applicant Tells FERC: CA & Local Agencies' "Established Role In Permitting & Review Process" Unaffected By FERC Exclusive J'diction On Siting & Operation

    (May 3, 2004) -- While the Federal Energy Regulatory Commission (FERC) considers late-filed requests by the CA Coastal Commission, South Coast Air Quality Management District, CA Dept. of Fish and Game and CA Regional Water Quality Control Board to intervene in proceedings on an application by a Mitsubishi subsidiary to build and operate a Liquefied Natural Gas (LNG) facility in the Port of LB, the project applicant (Sound Energy Solutions or SES) has told FERC that it does not believe the federal agency's assertion of exclusive jurisdiction over siting, construction and operation of the LNG facility affects the permitting and review authority of these state and local agencies or eliminates SES' need to get permits from them.

    "SES does not believe that FERC's jurisdiction under the [federal] Natural Gas Act affects the environmental permitting and review authority of these state and local agencies or eliminates the necessity of obtaining such permits," said SES in a legal answer filed with FERC on April 27.

    In its answer, SES does not directly oppose or support the motions of the CA agencies to intervene...but tells FERC that "SES has worked throughout the NEPA pre-filing process with all the relevant state, local, and regional agencies to obtain the needed permits and authorizations for the proposed SES LNG import terminal. SES believes that the established role of these state and local agencies in the permitting and review process for the SES LNG import project is unaffected by the [FERC] Declaratory Order [asserting fed'l jurisdiction]. SES has advised these state and local agencies of its view, and is continuing to work closely with the appropriate state, local, and regional agencies to complete the permitting and review process as the project moves forward." will report FERC's decision on the motions by the CA agencies when it is issued.

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