Tag: Williams

ACTION ALERT – Two Virtual Ways to Help Wipe-Out NESE!

Your voice is needed NOW to help stop the Williams/Transco Northeast Supply Enhancement (NESE) Pipeline and Compressor Station! NJ Governor Murphy will decide whether to deny or approve NESE by June 5.  Please urge Governor Murphy to say “No” to NESE — the unnecessary, climate-altering, and dangerous methane gas project — and say “Yes” to a healthier future with cleaner air, land, and water by participating in these two events: 

Stop NESE Virtual NJ Rally 

Citizens of all ages are invited to join a virtual rally on May 18, at 1pm, via Zoom. While we cannot gather to rally in person, we can rally virtually!  Small signs are encouraged! 

RSVP to Attend

 After registering your RSVP, you will receive further event details and a link to join the Zoom meeting. 

“Wave to Wipe-Out NESE”Facebook Event

2Citizens of all ages are invited to create and post expressions opposing NESE that are directed to NJ Governor Murphy. Post your submissions between May 18 at noon, through June 1 at noon, following the tips in the event page description. If you do not use Facebook, you can still participate in this event by sending your submissions to communications@cleanoceanaction.org.  

Please join or click “go” to the event here:

Wave to Wipe-Out NESE

Together, we can help STOP NESE!

ACTION ALERT – SEND COMMENTS TO NJDEP BY APRIL 6, 2020 (5PM)

We know that there is no way for Williams/Transco to build NESE’s pipeline and compressor station without threatening our water quality, threatened & endangered species, and wetlands.   We will continue to fight this dangerous and unnecessary project to the end.   

The NESE Project has been stopped twice in New York and three times in New Jersey when prior applications for permits were withdrawn and/or denied.  Now, following the 4th set of applications in January 2020, it’s time for the NJDEP to deny the permit applications with prejudice (a.k.a. “for good”).  YOUR COMMENTS ARE NEEDED!

Many of the concerns of people in NJ & NY have been heard, and they need to be voiced again about the 2020 permit applications.

NJDEP has issued a comment period for the January 2020 applications that ends on April 6, 2020 at 5PM.  

NJDEP has until May 6, 2020 to issue their decisions about the permit applications.

TO DO NOW

1) Submit your comment in opposition to the project today via these easy online links where the letter is already written, and you just need to add your identifying information + any additional comments you’d like.

Sign the change.org Petition
Ask NJDEP to scrap NESE
Sign the Sierra Club Petition

2) Attached are sample written comments/points that are relevant to the NJDEP’s current review of applications as well as political points (such as climate change impacts).

Recommendations

  1. Write separate comments for each topic or point.
    • Using the attached comment statements, you could do a “word search” for a topic or concern of interest to you.
    • On the next page is a list of the attached comment topics with provided information.
  2. Choose points from what is provided on the attached comment ideas/points & use them to create your own individual comments by copying/pasting what you want to use into a Word document and adding to it.  Save it.  
  3. Include your full name and address at the end of all comment letters.
  4. Send each comment as an attachment (the Word document or that document saved as a PDF) via email to NESEcomment@dep.nj.gov
  5. Send your comments to the following people in NJDEP & the Governor, too, by email.  Emails are listed below so that you can copy & paste them into your email.  You could also copy your local State Senators and Representatives.  
  6. For the Subject of your email, copy & paste this into the space – Transco NESE Comments

You’re sending Comments on NESE – Program Interest # 0000-01-1001.3; Activity #: LUP 200001

Comment Topics – Elaborated Points are in the attached documents.

COMMENT 1: Construction of the NESE Project threatens water quality, increased stormwater flooding, and threatened & endangered species.

  • Construction of a stormwater basin at the proposed Compressor Station 206 site does not include complete plans that account for the specific soil type that exists there.
  • Impacts to the habitat for the State threatened barred owl as well as protected vernal pool habitats at the proposed Compressor Station 206 site were not adequately assessed or avoided.
  • Construction Schedule of the Raritan Bay Loop was reduced from 12 months to 7 months.
  • A shortened timeline increases the intensity of work, so the overall impacts will be magnified.  
  • Noise Impacts from Pile Drivings – It is not clear if the construction schedule for these activities has changed with the compressed construction schedule for the Raritan Bay Loop, but their requests for harassment permission have increased.
  • Dredging up toxics has not been avoided by construction of the Raritan Bay Loop, and this will likely cause long-term harm that was not accounted for in the applications.
  • To reach a conclusion that the impacts on water quality would be short-lived, temporary and localized neglects to consider the unusual tidal flows in Raritan Bay, the chain-reactions from destroyed habitat and food sources for marine life, and the contamination of food sources for marine life and people.
  • NESE’s Raritan Bay Loop’s Undisputed, Devastating Impact on Shellfish Beds and Benthic Communities 
  • Williams/Transco has not sufficiently identified permanent, temporary, and secondary/indirect impacts from onland construction, and they have not shown plans to avoid and/or mitigate these impacts.
    • Acid Producing Soils
    • Construction through or near Superfund Sites & other toxic sites
LONG COMMENT
SHORT COMMENT

COMMENT 2: Williams/Transco did not demonstrate a “compelling public need” for the NESE Project that meets requirements of NJ’s Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-10.4 or, alternatively, demonstrate an extraordinary hardship from denial of a permit.

The NESE Project does not serve an essential health or safety need of the municipality in which it would be constructed, and its proposed use does not serve existing needs of residents of the State.  

  • Air Quality & Health Impacts
  • Safety Risks – Fires or Explosions

Additionally, the “need” for the NESE Project has been refuted by reports, and the needs of the State that are currently focused on fighting climate change impacts would be harmed by the NESE Project despite claims by Williams/Transco about “benefits” to New Jersey.

LONG COMMENT
SHORT COMMENT

COMMENT 3: NESE is not in the Public Interest.

  • Need to preserve natural resources
  • Relative extent of the public and private need for the regulated activity
  • Practicability of using reasonable alternative locations and methods
  • Economic value
  • Ecological value of the freshwater wetlands and probable impact on public health and fish and wildlife.  
LONG COMMENT
SHORT COMMENT

COMMENT 4: Contaminants that would be unearthed, suspended and redistributed in the Raritan Bay exceed “acceptable” levels.  Exceedances were found by the NYSDEC for heavy metals (copper & mercury) in New York waters, too.   Thus, construction of the Raritan Bay Loop of the NESE Project would (a) negatively impact surface water quality, and (b) harm threatened and endangered species and their habitat.

Additionally, the shortening of the in-water construction schedule raises serious concerns about impacts from increased vessel traffic and noise as well as adhering to time-of-year restrictions to protect threatened and endangered species if the schedule needs to be altered due to unforeseen circumstances.

Furthermore, the unique tidal flows in the Raritan Bay do not seem to have been given appropriate consideration.

LONG COMMENT

COMMENT 5: Other Concerns about In-Water Construction

  • Time of Year Restrictions
  • Thermal Discharges
LONG COMMENT
SHORT COMMENT

COMMENT 6: There is a Questionable “Need” for additional natural gas in National Grid’s NY area.

LONG COMMENT
SHORT COMMENT

COMMENT 7: There is no real consideration of climate crisis-mitigating renewable alternatives by the Federal or State agencies.

Additionally, the impact of the NESE Project on climate change effects should be considered in light of the threats facing New Jersey as well as the State’s goals to reduce greenhouse gases.

LONG COMMENT
SHORT COMMENT

Action Alert – Urge Governor Murphy’s NJ DEP to Deny Permits for the Williams-Transco Northeast Supply Enhancement Project

Everyone’s voice is needed again

Urge Governor Murphy’s New Jersey Department of Environmental Protection to Deny Permits for the Williams-Transco Northeast Supply Enhancement Project

APPLICATIONS – STATUS UPDATE

The NJDEP declared that Williams/Transco’s January 2020 application was “complete for review” on February 7, 2020.  That starts the 90-day timeline within which the NJDEP must issue a decision which should happen by May 6, 2020.

NJDEP’s Identification Number for the 1/21/20 Applications is:

Program Interest # 0000-01-1001.3         Activity # LUP200001

NJDEP has provided application documents and ways to submit comments on a Portal that can be found at:  https://www.nj.gov/dep/nese

The deadline for sending comments to NJDEP is Monday, April 6.

ACTIONS TO TAKE NOW

Urge Governor Murphy and the New Jersey Department of Environmental Protection to deny this harmful and unnecessary project once and for all.  Demand Murphy and the NJDEP put actions behind their promises of a clean energy future.  Demand that the NJDEP says NO to NESE!

  1. Sign the petition letter to ask for more time to review materials and submit comments + hearings (fact-finding meetings) scheduled by the NJDEP to hear our concerns.  The only NJDEP hearings for four different application times were on 11/5/18 and 3/18/19.
  2. Sign the petition letter that asks for the NESE permit applications to be denied.
  3. Look for online petition letters to sign.  We’ll provide information about them once they are live.

The 2 petition letters are here:

  1. NJDEP – Request Hearings + Extra Time to Comment
  2. NESE – Encourage Denial of NESE Permits

You can email your petition letters:

  • Format needs to be MSWord-compatible and not locked/read-only.
  • Put the following in the SUBJECT box:  Transco NESE Comments
  • Email to:  Governor Murphy, Commissioner McCabe & the NJDEP’s NESE Portal for comments

Constituent.relations@nj.gov
commissioner@dep.nj.gov 
NESEcomment@dep.nj.gov

You can mail paper copies to:

TRANSCO NESE Public Comment
Land Use Regulation
N.J. Department of Environmental Protection
501 East State Street
Mail Code 501-02A; P.O Box 420
Trenton, NJ   08625-0420

Governor Philip D. Murphy
Office of the Governor
State of New Jersey
20 West State St., 4th Floor
Trenton, NJ 0862

Catherine R. McCabe
Commissioner
N.J. Department of Environmental Protection
401 East State St., 7th Floor
Trenton, NJ 0862

BACKGROUND

For the fourth time in three years, Williams-Transco is seeking approval for the Northeast Supply Enhancement (“NESE”) Project.  The massive expansion project would require the construction of a highly air polluting gas-fired compressor station in Somerset County, New Jersey, as well as the construction of a 23.4 mile offshore pipeline that will rip through Raritan and Lower New York Bay.  The project is designed to carry fracked methane gas from Pennsylvania through New Jersey and sensitive marine waters to New York.  If approved, the project would lock the region into decades of fossil fuel dependence, significantly contributing to catastrophic climate change while creating significant and severe environmental harm throughout New Jersey and New York.  

Why Is The Project A Bad Idea?

A Climate Disaster 

  • A major reason to oppose NESE is the impact it will have on accelerating climate change.  This billion dollar project will lock the region into decades of continued reliance on fossil fuels.  If approved, the project will bring climate altering methane gas to New York City, resulting in the equivalent of over 7 million tons of carbon dioxide into the atmosphere every year!

Incompatible with New Jersey and New York’s Clean Energy Agenda 

  • To address climate change, both Governor Murphy of New Jersey and Governor Cuomo of New York have unveiled progressive climate plans to significantly reduce emissions and promote a swift transition to renewable energy.  NESE creates a legacy incompatible with these goals. 

Destruction of Decades of Water Quality Improvement in the Raritan and Lower New York Bays

  • The Raritan Bay and Lower New York Bay are the oldest industrial watersheds in the nation.  Decades of pollution, dumping, and mismanagement resulted in widespread contamination.  However, environmental efforts in the last few years have significantly improved the area.  NESE threatens to reverse these improvements.  Dredging of a 23.4 mile trench through the heart of these waterways will re-suspend sediment containing harmful toxins such as PCBs, dioxin, lead, mercury and arsenic.
  • The company behind the project also plans to discharge over 690,000 gallons of drilling fluids into the water releasing untold chemicals and biocides into the marine environment.

Harm to Marine Life 

  • The area the proposed pipeline will disrupt is home to a wide variety of marine life.  The Raritan and Lower New York Bay is home to over two-hundred species of fish, sixteen species of marine mammals, including the Atlantic Right Whale, and five species of turtles. Several of these species are considered endangered or threatened. 
  • Construction of the offshore pipeline will result in widespread industrial activity which will harass and harm marine life.  The resuspension of the toxic contaminants will destroy important ecosystems such as oyster reefs, clam beds, wetlands and shallow waters.  As the toxic sediment resettles, it will also suffocate fish eggs and larva, killing the next generation of marine life.  

Ocean Dumping – Contaminating the Atlantic Ocean 

  • The company plans to not only re-suspend harmful toxic sediment, but has proposed to dump over 735,000 cubic yards of contaminated sediment into the ocean.  This will expose marine life to toxic pollutants, reintroducing toxins into the environment and allowing it to enter the food chain.

A Threat to Public Health and Safety 

  • Over the past years, pipelines and pumping stations owned and operated by the company proposing NESE have experienced over ten explosions or fires.  In the last five years, the company has continued to receive safety and risk violations from various federal agencies including penalties in New York and New Jersey.  The company has also received numerous fines from the EPA for unsafe discharges of pollutants. 
  • Compressor Station 206 is proposed to be built in a densely populated area, next to an active blasting quarry and a Superfund site. 
  • Compressor Station 206 will increase the velocity of gas through pipelines that are over 50 years old which will accelerate the rate of corrosion that leads to fires and explosion.   

Increased Air/Noise Pollution 

  • The proposed Compressor Station 206 will result in harmful emissions of toxic air pollutants such as Carbon Monoxide, Sulfur Dioxide, Nitrous Oxides, Particulate Matter 2.5, Volatile Organic Compounds, Formaldehyde, and Benzene, and some of these emissions will increase Ozone, which is unhealthy for children, the elderly, and those with respiratory ailments.
  • For the second consecutive year, the American Lung Association gave both Monmouth County and Middlesex County an F in the annual State of the Air report for ozone pollution. 
  • Low-frequency noise from compressor stations, it has been reported, is harmful to both humans and wildlife.

An Unneeded Cash-Grab

  • The billion dollar project will be paid for by ratepayers in New York. If approved, federal regulations will give Williams-Transco a mandatory 14% return on investment for the harmful project.  There are better, less harmful alternatives to this massive overbuild of a project based on profit and not need.  
  • In fact, after New York regulators previously denied the project for the environmental harm it would create, National Grid, the utility contracted to purchase the gas from the project, issued a moratorium on all new connections and urged customers to support the project.  New York regulators concluded that there was no proof that the moratorium was needed and fined the company 35 million dollars, and ordered the company to lift the moratorium.  

Action Alert – Speak Up to Scrap NESE

NESE has new filings at the Federal & State levels, and our voices are needed again.

Williams/Transco now proposes to use (improve + extend) the access road from Route 518 to the EPA building on the Higgins Farm Superfund Site to get to the proposed Compressor Station 206.

FERC

FERC has opened up a new docket just for Williams/Transco’s January 31, 2020 “Application to Amend Certificate” to allow it to use & extend the Higgins Farm/EPA road to access the proposed Compressor Station 206.  The FERC Docket Number for this specific proceeding is CP20-49.  This is distinct from the FERC Docket for the overall NESE Project (FERC Docket Number CP17-101), which remains open/active.

Use this new docket number for the following actions:

  • March 20, 2020 = deadline to submit comments to FERC on the proposed “environmental document” which FERC will produce

To view the Amendment application, go to:

https://drive.google.com/drive/folders/1OKm3OIW4tNc6VGtVoCHK6qp_MS5ITEmq?usp=sharing

NJDEP

January 21, 2020:  new applications were submitted to NJDEP.

February 19, 2020 DEP Bulletin:  public notification that the new applications are “administratively complete” as of 2/7/20.

  • NJDEP has a portal (available here) on their website where they posted application materials (available here) & where there’s a form that can be used to submit comments online (available here).    You can use that or send comments as attachments to NESEcomment@dep.nj.gov.  
  • 45 day comment period has been provided for these applications by the DEP.  Thus, comments = need to be at DEP by April 3 (Friday).

There is hope!

On February 21, 2020, Williams/Transco stopped their investment in the Constitution Pipeline after 8+ years of legal battling.  They noted that “greenfield” (new) projects have weaker risk-adjusted returns. For NESE, the proposed Compressor Station 206 + most of the Raritan Bay Loop are not within their right-of-way areas and, thus, are “greenfield” components.

What can you do?

Sign up to be an intervenor with FERC on the new Docket No. for NESE CP20-49 by Feb. 26, 2020.

Find your prior comments that were sent to NJDEP on prior versions of the permit applications, and send them anew since, for the most part, the issues still exist. Submit your comments here.

Sign the online petition(s) to NJDEP about denying these latest permit applications, giving more time for making comments, and holding fact-finding (public hearing) meetings. Sign our MoveOn petition to the NJDEP here.

FYI:  This April 22 = the 50th anniversary of Earth Day.

12/9/19 Update

Williams/Transco withdrew all permit applications to NJDEP for the NESE Project on November 26, 2019, the day after National Grid & New York reached an agreement following National Grid’s moratorium on gas service.  

Williams/Transco will submit new applications “at a later date.”

Once again, NJDEP did not have/take the opportunity to deny permit applications for the NESE Project before all permit applications were withdrawn by Williams/Transco on 11/26/19.

  • For the Flood Hazard Area permit application which was “complete for review”, the DEP’s decision date deadline was 11/28/19.  
  • For the Coastal Wetlands & Waterfront Development applications along with a request for a Section 401 Water Quality Certification and Coastal Zone Consistency Determination, the decision date was 6/12/20 before Williams/Transco withdrew these applications on 10/25/19 and then reapplied – without anything new in the applications – on 10/28/19.  Those 10/28/19 applications were administratively complete but had not yet been declared technically complete (which is needed to be considered “complete for review”) before Williams/Transco withdrew them.

On 11/26/19, Williams/Transco wrote that they withdrew all applications for permits to afford the NJDEP additional time to review the application material and comply with the DEP’s timelines under NJ regulations.  The DEP has 90 calendar days (which can be extended by exactly 30 calendar days) to render a decision after an application is declared to be “complete for review”.

  • Publically available documents do not reveal that the DEP indicated in any way that they needed extra time for their review or that the DEP asked Williams/Transco to withdraw and resubmit permit applications so that they would have additional review time.
  • Given the response letter from the DEP’s Christopher Jones (11/27/19) following the withdrawal of applications, it appears that the permit applications still failed to meet the standards for approval.  He wrote that any subsequent new applications would need to address persistent deficiencies in the applications that pertain to (1) confirming that there is a compelling public need for the proposed additional natural gas capacity; (2) steps to show that the alternate access road to the proposed compressor station – that would avoid or minimize environmental impacts – is truly not a practicable alternative; and (3) providing information about monitoring the proposed in-water dredging operations to ensure that all best practices and operational procedures would be implemented and that there are adaptive management procedures that could be implemented in case dredging resulted in exceedance of surface water quality standards.
  • Williams/Transco has not indicated what they will do next other than writing that they will submit applications for the permits at a later date.  Note:  Prior letters withdrawing applications (6-14-18 & 10-25-19) noted that they would submit new applications in the coming days.
  • At this time, we do not know the plans of Williams/Transco to obtain permits needed for NESE.   Are they waiting to see National Grid’s plan for a long-term solution to meeting demand for gas that is due within 3 months?

RELATED ISSUE:

National Grid, the planned recipient of the additional natural gas for New York from the NESE Project, has recently entered an agreement with NY that is outlined below.  This was in response to investigative actions following National Grid’s moratorium on new or reengaged gas service that was heightened after NYSDEC denied permits for the NESE Project in May 2019.  

The real need for more gas in this service area has been in question for a while.

National Grid’s 11-25-19 Agreement with NY

  1. National Grid promised that it will meet demand for the next 2 years.
  2. Within 3 months, National Grid will propose long-term solutions to gas supply issues in the region:
    • Reduce demand through energy efficiency & demand response programs (ask & expect more customers to shift to “non-firm” service – oil or other alternate fuel – and charge these customers differently , being able to penalize them if they do not switch)
    • Truck-in compressed natural gas
    • Long-term possibilities to be considered include renewable energy sources, conservation strategies, liquefied & compressed natural gas facilities, new natural gas pipeline, and/or NESE if it is the most viable & sustainable solution. 
    • Long-term plan needs to be approved by NY State by June 2020 to go into operation by the fall of 2021.
  3. $36 million penalty will be paid by National Grid to New York.
    • $7 million to compensate customers harmed by the moratorium
    • $8 million for new gas efficiency measures
    • $20 million as investment in clean energy businesses across NY State
  4. NY’s Public Service Commission will appoint a monitor to oversee National Grid’s operations & review compliance with this agreement over the next 2 years.  National Grid will pay for the monitor.
  5. National Grid will host public hearings.  At least one will be in Nassau County & another in Suffolk County.

10/29/2019 Update

NJDEP did not issue their decision on the water permit applications on October 25, 2019 as was expected. 

Rather:

  1. Williams/Transco asked for a 30-day extension for a DEP decision on the Flood Hazard Area permit, and
  2. Williams/Transco withdrew their permit applications for Waterfront Development with Section 401 Water Quality Certification & Coastal Zone Management Consistency, and they submitted new applications three days later – October 28, 2019.

      The NJDEP does not have a 90-day decision deadline to adhere to for the Freshwater Wetlands permit application (i.e., There would be no consequences if they rendered a decision on this beyond 90 days after declaring the application to be complete for review.)

      THANK YOU!

      This is to recognize all the recent efforts to ensure that the NJDEP was aware of our concerns, issues with the applications, and recognition that the applications did not meet the stringent standards that the NJDEP was required to adhere to.  Prior to the NJDEP’s anticipated 10/25/19 decision on the June 12, 2019 applications:

      • Franklin Township Council passed a resolution urging the NJDEP to reject the June 2019 permits for the Northeast Supply Enhancement (NESE) Project at their 10/22/19 meeting.
      • Princeton Council passed a resolution urging the NJDEP to reject the June 2019 permits for the Northeast Supply Enhancement (NESE) Project at their 10/14/19 meeting.
      • Letters were sent to the Governor and NJDEP’s Commissioner McCabe from 33 elected officials and 32 organizations or their members urging the DEP to deny the permits for NESE on 10/18/19.
      • Nearly 6,000 people signed letters and/or online petitions/letters from New Jersey League of Conservation Voters, Sierra Club, Food and Water Watch, Clean Ocean Action, Central Jersey Environmental Defenders, and the Natural Resources Defense Council stating opposition to NESE and urging the DEP to deny the permits for NESE.  
      • Over 200 people called the Governor’s office to urge the DEP to deny the permits for NESE because they did not meet stringent regulatory standards
      • Many individuals sent individually-prepared comments to the NJDEP.
      • Franklin Twp. Manager sent extensive comments from the Franklin Township Task Force to the NJDEP and other officials in Trenton on 8/20/19 and 10/21/19.
      • Eastern Environmental Law Center and Princeton Hydro sent comments to the NJDEP on 8/2/19, 8/23/19, 10/21/19, and 10/24/19.
      • People rallied in Red Bank on 9/14/19 at an event organized by Clean Ocean Action.
      • And there were more actions …

      Some of the reasons cited for denying the permits were:

      1. Construction of the NESE Project threatens surface water quality, increased stormwater flooding, and threatened & endangered species and their habitats.
        • From construction in Raritan Bay –  
          • Unearthing toxics above levels acceptable in the regulations
          • Generating turbidity (clouding the water) that would interfere with designated use of the waters
        • From construction of the Madison Loop –
          • Digging in acid-producing soils would result in poor re-vegetation on steep slopes and could lead to excess runoff into wetlands (some of which are classified as “exceptional resource”).
        • From the design of the retention basin for Compressor Station 206 – 
          • This will not adequately address stormwater runoff.
          • NOTE:  Williams/Transco made similar errors that NJ DEP failed to detect and correct in the design and construction of a recent compressor station in Chesterfield Township (“Garden State Expansion” project).
      2. Construction of the Raritan Bay Loop, with its newly proposed shorter schedule, threatens the health of marine life, habitats, benthic and shellfish communities, and the economy of the region due to suspension and spreading of toxins from beneath the seafloor, noise from construction, and limited access to construction space in the Bay for commercial and recreational activities.
      3. Williams/Transco did not demonstrate that there are no practicable alternatives to avoid impacting exceptional resource value wetlands and their transition areas at the proposed CS206 site and Madison Loop.
      4. NJDEP explained that Williams/Transco did not demonstrate (1) that the proposed NESE Project serves an essential health or safety need of the municipality in which it is proposed; (2) that the proposed NESE Project serves existing needs of residents of the State; and (3) that there is no other means available to meet the established public need.
        • NESE does not meet the “public interest” criteria because: 
          • There is no “compelling public need” for it – It does not provide a public health or safety benefit, and, additionally, NY does not need this gas.  Rather, NESE:
            • threatens our air and water quality from methane and other toxic releases, 
            • negatively impacts the health of people and marine/wild life from Compressor Station 206 emissions & unearthed toxins from constructing in Raritan Bay,
            • poses safety risks (fires or explosions) from increased velocity of transporting natural gas through pipelines that are 50+ year old which will impact the rate of corrosion, and 
            • increases risks of flooding at the CS206 site from an inadequately designed retention basin.
        • It doesn’t preserve natural resources, and
          • There would be a negative impact on the shore economy by dredging up toxins from the floor of the Bay which would harm the health and safety of marine life and of Bayshore communities.
          • NOTE:  FERC’s 5/3/19 Certificate of Public Convenience & Necessity was not based on criteria NJDEP needs to use to determine public interest / compelling public need.
      5. The NESE Project’s greenhouse gas emissions and methane leaks would undercut the State’s goals to address impacts on Climate Change.  Based on the responses from the public and political leaders, there is growing support for these goals and opposition to NESE.
        • Approximately 6,000 people called the Governor and/or signed online petitions to the NJDEP and/or to Governor Murphy that included reasons for the NJDEP to deny the June 12, 2019 permit applications.  More comments were emailed or submitted in writing to the NJDEP during the comment period for this 3rd set of applications, but we do not know how many.
        • Governor Cuomo & Mayor DeBlasio, along with many other elected officials in NJ & NY, have voiced their opposition to the NESE Project.

      REMEMBER:  The NESE compressor station & pipeline can’t be built without permits from the NJDEP.

      STAY TUNED for plans for future actions.

ACTION ALERT: Keep the Pressure on to Scrap-NESE

THANK YOU!

Over 4,500 people signed online petitions to the NJDEP and/or to Governor Murphy that included reasons for the NJDEP to deny the June 12, 2019 permit applications.  More comments were emailed or submitted in writing to the NJDEP during the comment period for this 3rd set of applications, but we do not know how many.

YOUR COMMENTS TO NJDEP & GOVERNOR MURPHY ARE STILL NEEDED

Keep telling NJDEP and your elected representatives that you want the DEP to deny the permit applications for NESE. Attached below are reasons that you can use in your comments.

NJDEP is required to apply regulations from their Freshwater Wetlands Protection Act Rules, Flood Hazard Area Rules, Stormwater Management Rules, Coastal Zone Wetland Rules and any other applicable regulations in deciding whether or not the applications for NESE meet NJ standards.  For the Coastal Wetlands & Waterfront Development permits, NJDEP needs to make a decision by Friday, October 25.  For the Flood Hazard Area permit, a decision is due by Tuesday, October 29. 

Since the NJDEP accepts new information from Williams/Transco about the pending permit applications for NESE after the end of the comment period, people should send comments about this new information to NJDEP.  Williams/Transco responded to comments sent to the NJDEP on September 4 & 9, 2019.  These documents, sent to NJDEP, are attached below.

At this time, the applications do not meet standards in the regulations for (1) Surface Water Quality, (2) Protecting Threatened & Endangered Species and the Bayshore Economy, (3) Avoiding Exceptional Resource Value Wetlands, and (4) Public Interest / Compelling Public Need.  Additionally, (5) NESE hinders meeting clean energy goals of the State.

  1. Construction of the NESE Project threatens surface water quality, increased stormwater flooding, and threatened & endangered species and their habitats.
    • From construction in Raritan Bay –  
      • Unearthing toxics above levels acceptable in the regulations
      • Generating turbidity (clouding the water) that would interfere with designated use of the waters
    • From construction of the Madison Loop –
      • Digging in acid-producing soils would result in poor re-vegetation on steep slopes and could lead to excess runoff into wetlands (some of which are classified as “exceptional resource”).
    • From the design of the retention basin for Compressor Station 206 – 
      • This will not adequately address stormwater runoff.
      • NOTE:  Williams/Transco made similar errors that NJ DEP failed to detect and correct in the design and construction of a recent compressor station in Chesterfield Township (“Garden State Expansion” project).
  2. Construction of the Raritan Bay Loop, with its newly proposed shorter schedule, threatens the health of marine life, habitats, benthic and shellfish communities, and the economy of the region due to suspension and spreading of toxins from beneath the seafloor, noise from construction, and limited access to construction space in the Bay for commercial and recreational activities.
  3. Williams/Transco did not demonstrate that there are no practicable alternatives to avoid impacting exceptional resource value wetlands and their transition areas at the proposed CS206 site and Madison Loop.
  4. NJDEP explained that Williams/Transco did not demonstrate (1) that the proposed NESE Project serves an essential health or safety need of the municipality in which it is proposed; (2) that the proposed NESE Project serves existing needs of residents of the State; and (3) that there is no other means available to meet the established public need.   NESE does not meet the “public interest” criteria because: 
    • There is no “compelling public need” for it – It does not provide a public health or safety benefit, and, additionally, NY does not need this gas.  Rather, NESE:
      • threatens our air and water quality from methane and other toxic releases, 
      • negatively impacts our health from Compressor Station 206 emissions, 
      • poses safety risks (fires or explosions) from increased velocity of transporting natural gas through pipelines that are 50+ year old which will impact the rate of corrosion, and 
      • increases risks of flooding at the CS206 site from an inadequately designed retention basin.
    • It doesn’t preserve natural resources, and
    • There would be a negative impact on the shore economy by dredging up toxins from the floor of the Bay which would harm the health and safety of marine life and of Bayshore communities.
    • NOTE:  FERC’s 5/3/19 Certificate of Public Convenience & Necessity was not based on criteria NJDEP needs to use to determine public interest / compelling public need.
  5. The NESE Project’s greenhouse gas emissions and methane leaks would undercut the State’s goals to address Impacts on Climate Change.  Based on the responses from the public and political leaders, there is growing support for these goals.

The NJDEP makes the decision about the permit applications.

Send your comments to New Jersey’s DEP Project Managers & copy others who should read your comments:

TO:

NJDEP Project Managers: 
Joslin Tamagno Joslin.Tamagno@dep.nj.gov
Steve Olivera Stephen.Olivera@dep.nj.gov 

COPIES TO:

Governor Phil Murphy Constituent.relations@nj.gov
Christopher Jones, Manager – Land Use Christopher.Jones@dep.nj.gov 
Catherine R. McCabe, NJDEP Commissioner Commissioner@dep.nj.gov 
Diane Dow, Director – Land Use Diane.Dow@dep.nj.gov 
Virginia Kopkash, Assistant Commissioner – Land Use Ginger.Kopkash@dep.nj.gov 
Ruth Foster, Director – Permit Coordination & Environmental Review Ruth.Foster@dep.nj.gov 

Governor Cuomo & Mayor DeBlasio, along with many other elected officials in NJ & NY, have voiced their opposition to the NESE Project.  

On WYNC’s September 24, 2019 Brian Lehrer Show, NY’s Governor Cuomo said the following about the NESE Project:  “We have taken a position: We’re against the pipeline. That’s our position.” About National Grid, he said that the investigation should be complete in a few weeks and, when asked about negotiating with National Grid, he stated, “… If they’re extorting people and wrongly turning off gas service to homes to create political pressure, I’m not negotiating over that.  That’s extortion. That’s a crime.” Listen to the interview, and hear more about his comments on the NESE Project and National Grid below starting at 7:00.

Governor Murphy hasn’t spoken out about NESE despite the fact that this project undermines the New Jersey Board of Public Utilities (NJBPU) 2019 Energy Master Plan’s 2050 Clean Energy goal.

ACTION ALERT: Call or write to your NJ State Legistlators

There are many reasons why NJDEP should deny permits for the NESE Project, but they need to know that your representatives oppose it.

We know that the Northeast Supply Enhancement (NESE) Project threatens our health, safety and the quality of our waters and air.  Construction of NESE also puts threatened and endangered species in harm’s way.

  • The NYSDEC and NJDEP people reviewing the water permit applications are required to apply state regulations in their decision-making.  
  • Elected officials hear from their constituents, and there are certainly behind-the sense conversations that include lobbyists of Williams/Transco.
  • Though we have sent many comments to the NJDEP and do not know exactly what will make a difference in their decision-making process, it is important that we all let our elected officials know how we feel about the NESE Project.

SOME REASONS WHY THE NJDEP SHOULD DENY THE PERMIT APPLICATIONS

  • The applications do not comply with state regulations for Surface Water Quality, Stormwater Management, and showing a “compelling public need” for moving gas across NJ to NY.
  • This project would not benefit New Jersey in any way since the gas would all go to New York.  Instead, we would be faced with all of the safety and environmental consequences. 
  • NESE would create more air and water pollution for the entire region.
  • The NESE pipeline would cut through waterfront areas into the bay, increasing coastal flooding and dredging up toxins in the Raritan Bay.  When you cut through a bay like the Raritan, it has an impact on the fisheries as well as the ecology of the Bay.  The fish, plants and other living creatures in the Bay would be threatened by this pipeline.
  • This pipeline would cut through the already polluted and sensitive Raritan Bay and the New York Bay.  Construction would disrupt 1 million cubic yards of contaminated sediment such as arsenic, lead and PCBs, putting toxic chemicals into the Raritan Bay.  The release of those toxins will affect aquatic migration, interfere with breeding, contribute to harmful algae blooms, and impact human health.
  • We’ve spent decades cleaning up the waters in Raritan Bay, and the NESE construction also threatens commercial and recreational fishing economies at the Bayshore.
  • The pipeline project’s path would cut across numerous contaminated sites as well as 2 Superfund sites, the Raritan Bay Slag and Higgins Farm sites, as it goes across the state into the Raritan Bay.  
  • This project would cut through wetlands and other sensitive areas, further imperiling the water, soil and wildlife with more toxic runoff during construction.
  • This project would increase polluted stormwater runoff, destroy critical habitat and cause significant degradation to the environment. 
  • The Coastal Wetland permit would allow for the destruction of wetlands critical for protection against flooding and storm surges.  Wetlands also offer vital pollution protection.  They filter chemicals and sediment out of the water before it is discharged into the ocean.  The loss of those important coastal wetlands will create more pollution and flooding in Middlesex and Monmouth counties. 
  • It’s dangerous to remove wetlands because they act as natural storm barriers and water filters for the area.  The risk will be heightened with worsening storm surges and climate effects including sea level rise.
  • Stormwater runoff impacts from the proposed Compressor Station 206 will also have harmful results.  The station will release formaldehyde, chromium, benzene and hydrocarbons into industrial stormwater runoff that will increase pollution and flooding in an area already plagued by flooding.
  • The Freshwater Wetlands and Flood Hazard Area permits would allow for the destruction of exceptional resource value wetlands and transition areas along with forested areas that are critical for protection against flooding and storm surges as well as vital for the threatened Barred Owl.
  • This gas is highly flammable and dangerous.  An accident with this pipeline and compressor station could contaminate our waterways and environment and put people at risk.

Attached is a list of New Jersey Senators and Representatives.  Call and/or write to your representatives ASAP. 

The NJDEP has until September 25, 2019 to issue their decision about the Coastal Wetlands and Waterfront Development permit applications.

PROPOGANDA ACTIONS

We know that Williams/Transco is guaranteed at least a 14% return on its investment via the FERC permitting process, and we know that National Grid (the customer for the NESE gas) is doing everything they can to influence Governor Cuomo and the New York Department of Environmental Conservation (NYSDEC) to issue the permits by not honoring new applications for gas hook-ups until the NESE Project is approved.

Some points about National Grid

In New York, public utilities are natural monopolies because the infrastructure required to produce and deliver a product such as electricity, gas or water is very expensive to build and maintain, and having more than one company building infrastructure would make our streets a mess.  As a result, they are granted special status as monopolies, but are overseen and regulated by a public utilities commission to ensure accountability to the public.  However, utilities can easily take advantage of their power—and that’s what National Grid has done.

In July 2019, National Grid sent out an email blast to their customers taking a play from our activist handbook to “send comments to the DEC” in favor of the Williams Transco pipeline.  In so doing they are abusing their monopoly power to panic customers into lobbying for their private profit.

  • National Grid’s recent moratorium on new gas hookups violates state regulatory procedures meant to protect ratepayers.
  • The utility’s recent emails to those ratepayers about the illegal moratorium, which ask customers to lobby government agencies to support the pipeline, further violate ethical guidelines and are an abuse of its power as a monopoly.   
  • The utility’s recent emails to those ratepayers do not offer any alternatives, like renewable energy, to the customer to alleviate said gas moratorium.
  • The Public Service Commission (PSC) has a robust system of administrative procedures which protect ratepayers and ensure that they can weigh in and have their interests represented when utilities make changes that might affect them.  For example, Public Service Law requires National Grid to consult with the PSC before denying ratepayers gas service.  Only the PSC can decide how to address possible gas shortages.  
  • By unilaterally imposing its gas moratorium, National Grid has circumvented these procedures and prevented the PSC from being able to adequately protect ratepayers and regulate the potentially self-serving actions of a monopoly utility. 
  • National Grid’s emails exacerbate this potential harm to its customers.  Along with being confusing and manipulative, they pressure captive ratepayers—ratepayers who have no other choice of utility—to act politically against their best interests and on a private corporation’s behalf. 
  • National Grid’s emails also create a harmful climate of fear based around a supposed gas shortage.  This is all as the utility continues to ignore expert reports proving that we don’t need this gas and continues to withhold information that we have requested, which they claim substantiates the need for this new pipeline. 
  • The New York DEC has a legal duty to uphold the Clean Water Act and protect our waters and the ecosystem our waters support.

Some media coverage of these manipulative tactics by National Grid is found here:

ACTION ALERT: Submit Comments to NJDEP by August 23!

NJDEP has issued a COMMENT PERIOD for the June 2019 NESE applications that ends on August 23, 2019

Join us in stopping Williams/Transco’s proposed Northeast Supply Enhancement (NESE) Project’s Compressor Station 206 and pipeline in Old Bridge/Sayreville and under Raritan Bay that threatens our communities, the environment, and efforts to address risks from climate change in NJ and NY.

ACTIONS:

  • Call Governor Murphy between 9 AM and 5PM at 866-586-4069 or 609-292-6000 & leave a message that you expect the NJDEP to protect our health and safety by denying the permit applications for the Northeast Supply Enhancement (NESE) Project that do not meet standards of NJ regulations.

WHY?  There are many reasons to oppose NESE’s compressor station and pipeline proposed to be built in New Jersey.

  1. Construction would harm the health and environments of humans, marinelife and wildlife.
  2. Operation of the compressor station would threaten our health from toxic air emissions.
  3. Increased velocity of moving gas through pipeline that is 50+ years old risks hastening of corrosion that leads to fires and explosions.
  4. Williams/Transco has a poor safety record.
  5. The NESE Project undercuts goals and efforts of NJ and NY to fight impacts of climate change.

The NESE Project has been stopped twice in New York and twice in New Jersey when 2017 and 2018 applications for permits were withdrawn and/or denied.  Now, following the third applications in June 2019, it’s time for the NJDEP to deny the permit applications with prejudice (a.k.a. “for good”).  

We know that there is no way for Williams/Transco to build NESE’s pipeline and compressor station without threatening our water quality, threatened & endangered species, and wetlands.  We will continue to fight this dangerous and unnecessary project to the end.

YOUR COMMENTS ARE NEEDED NOW!    Many of the concerns of people in NJ & NY have been heard, and they need to be voiced again about the 2019 permit applications – by August 23, 2019.

Now is the time to make it known that you expect the NJDEP to deny the water permit applications that they received on June 12, 2019 for the NESE Project. 

YOUR COMMENTS ARE NEEDED!  Click the button below to submit your comments through the Action Network by the extended deadline of August 23.

SUBMIT COMMENTS

ACTION ALERT: Comment Period Extended to August 23

The fight against Compressor Station 206 and the pipeline in the Raritan Bay is not over! 

Williams/Transco still needs permits from NJDEP and the NY State Department of Environmental Conservation (NYSDEC) to receive FERC’s permission to begin construction. 

  • The earlier permit applications to NJDEP were withdrawn or rejected – 6/23 & 7/10/17 applications withdrawn on 6/15/18 > new applications submitted 6/20/18 > denied by NJDEP on 6/5/19 > new applications submitted on 6/12/19. 

It has been over 3 years since the opposition to the NESE Project began, and there’s still hope that the NJDEP will do the right thing and reject the third set of applications from Williams/Transco for permits since they fail to meet State requirements for the permits. 

  • The June 12, 2019 applications to NJDEP still do not meet NJ regulations by showing a “compelling public need” for the NESE Project. 
  • They still include harms from construction of the pipeline to our surface water quality, marine life, and threatened & endangered species and their habitats. 
  • The proposed infiltration basin for the compressor station site still does not meet required regulations. 
  • Operations would guarantee decades of toxic air pollution from the compressor station. 

See attachments: NJDEP’s deficiency letters

Now is the time to make it known that you expect the NJDEP to deny the water permit applications that they received on June 12, 2019 for the NESE Project. 

YOUR COMMENTS ARE NEEDED!  Click the button below to submit your comments through the Action Network by the extended deadline of August 23.

SUBMIT COMMENTS