Citing state rules requiring a proven need before issuing land leases, Oregon State Land Board members resolved, in essence, to challenge FERC authority on this State matter.
}
OREGON STATE LAND BOARD } In the matter of the federal siting
RESOLUTION } process for liquefied natural gas
} facilities
}
Whereas, the State Land Board has an interest in whether liquefied
natural gas (LNG) is an appropriate energy source for the citizens of Oregon; and
Whereas, the State Land Board has authority with regard to certain
agency actions that may affect the siting of LNG import terminal facilities and
associated pipelines; and
Whereas, there are three proposals to establish liquefied natural gas
import terminals and associated pipelines along Oregon’s coast and the
Columbia River and as many as four proposed natural gas pipelines that could
bring domestic natural gas from the Rockies to the Northwest; and
Whereas, given that no federal studies have been done, the only analysis
of the need for natural gas and the best way to supply it in Oregon has been a
recent study by the Oregon Department of Energy (ODE) that concludes that there
is presently little justification for the establishment of any LNG import terminals in
Oregon; and
Whereas, the ODE analysis has also concluded that the life-cycle impact
of greenhouse gas emissions of LNG import terminal facilities is greater than that
of emissions related to piped natural gas; and
Whereas, LNG proposals are causing considerable uncertainty for Oregon
residents who expect to be affected by the siting of LNG terminals and associated
pipelines in Oregon; and
Whereas, the federal regulatory process for approving LNG terminals
inadequately addresses the issues of need, supply and greenhouse gas
emissions; and
Whereas, the federal regulatory process has failed to properly address
the needs and issues of affected states through its practice of issuing conditional
federal approval before issues related to other state and federal permits have
been fully addressed; and
Whereas, Governor Kulongoski has repeatedly asked the federal
government to withhold approval of LNG import terminal facilities and associated
pipelines until issues related to state authorizations have been addressed; and
Whereas, Governor Kulongoski has requested the federal government
reconsider its approval of the Bradwood Landing LNG terminal and has
threatened to pursue judicial review on that matter, if necessary, now, therefore,
Be It Resolved, that the State Land Board supports:
1. Governor Kulongoski’s position that federal approval should not be granted
for LNG facilities in Oregon until a justification by the Federal Energy Regulatory
Commission (FERC) for the need for siting this energy source in Oregon has
been established, consistent with federal environmental laws.
2. Governor Kulongoski’s request that federal approval of any LNG import
terminal facility and associated pipelines in Oregon not be granted until that
action has been fully coordinated with state authorizations.
3. Governor Kulongoski’s direction to state agencies to implement state
requirements related to state review and authorizations to the fullest extent
to address concerns about the environmental, social and economic impact
of proposed LNG projects in Oregon.
4. Direction to the Department of State Lands to keep the State Land Board
informed about the permitting of LNG in Oregon and to use its best efforts to
ensure that the Department’s authorizations are consistent with the Governor’s
direction, in coordination with other state agency processes.
5. The adoption of federal legislation that eliminates the federal pre-emption
of state authority to make siting decisions concerning LNG import terminal
facilities and associated pipelines.
6. Future direction from the incoming presidential administration to FERC
that it adopt firm standards, consistent with the National Environmental
Policy Act and the Endangered Species Act (ESA) to require that a robust
needs and justification analysis be developed as part of the licensing process
and that full consultation with the federal agencies regarding impacts to
ESA-listed species occur before any federal approval is granted.
Adopted this ____ day of December 2008.
Theodore R. Kulongoski
GovernorBill Bradbury
Secretary of StateRandall Edwards
State Treasurer