Two New Jersey agencies asked the U.S. Court of Appeals for the D.C. Circuit to review the federal approval of PennEast Pipeline Co. LLC's 1.1-Bcf/d natural gas pipeline project that would deliver Marcellus Shale gas supplies from Pennsylvania to East Coast markets.
The New Jersey Department of Environmental Protection and the Delaware and Raritan Canal Commission petitioned the federal court for a review of the Federal Energy Regulatory Commission's January certificate order for the project. In the May 22 filing, the groups said the FERC approval was flawed because of insufficient data about environmental resources, an incomplete analysis of alternatives to the pipeline, and conflicts with the state's jurisdiction on the Clean Water Act.
In February, the New Jersey agencies submitted a combined request to FERC for a rehearing of the project's authorization and a stay. On Feb. 22, FERC staff issued a tolling order extending the time the commission had to consider the rehearing request, which the state agencies said lacked authority. The federal commission issued a second tolling order in April. Because the agencies said the original tolling order was invalid, they said their request was effectively denied by FERC. Pipeline opponents have accused FERC of using tolling orders as a tactic to delay potential appeals in federal courts.
New Jersey has repeatedly challenged the project, including denying the developer a Clean Water Act permit due to a lack of information. State legislators have asked FERC to reconsider the certificate order.
The challenges have frustrated PennEast. "The PennEast pipeline is the only project needlessly being debated in the region that can reduce carbon emissions, lower costs and provide reliable round-the-clock energy," Penneast spokesperson Pat Kornick said in a May 17 statement.
The developer released a study that concluded the pipeline could have saved New Jersey and eastern Pennsylvania consumers about $435 million in energy costs during the 2017-2018 winter season if it had been in service.
FERC authorized the approximately 1-Bcf/d project with a Jan. 19 certificate order after a 4-1 decision. Shippers include local distribution companies and electric generators such as New Jersey Natural Gas Co., PSEG Power LLC and Consolidated Edison Inc. New Jersey Natural Gas is wholly owned by New Jersey Resources Corp.
The 120-mile project is a joint venture of subsidiaries of Enbridge Inc., Southern Co. Inc., New Jersey Resources, South Jersey Industries Inc. and UGI Corp. (FERC docket CP15-558)
