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Publisher: S&P Global Market Intelligence
December 12, 2016

For rebuffed Jordan Cove LNG, pipeline was the stumbling block at FERC

Joe Fagan was quoted in an article, "For rebuffed Jordan Cove LNG, pipeline was the stumbling block at FERC," in S&P Global Market Intelligence. The article discusses FERC's rejection of the Jordan Cove Energy Project LP and Pacific Connector Gas Pipeline projects, based on a lack of "necessity and commercial support." The developers requested a rehearing, saying they had entered into agreements that demonstrated commercial support for the project.  But the Commission on Dec. 9 denied that request because developers failed to present "extraordinary circumstances that would have justified a rehearing," according to the article. "The title of [FERC's] order should be, 'A Day Late, a Dollar Short,'" Fagan said in the article. "FERC repeatedly [expressed] its frustration with the fact that the evidence of the market support/demand was not provided during the FERC review process despite the attempt by agency staff to elicit evidence of such support." Moving forward, Fagan said, "getting a Court of Appeals to remand the decision not to issue the certificate back to FERC will be a high bar." Instead, the developers could opt to submit a new application with the agreements demonstrating commercial support. FERC acknowledges that it can rely on the earlier record, Fagan said,  meaning "the developers would not be starting from square one." 

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Joseph H. Fagan
Joseph H. Fagan
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Washington, D.C.
| (202) 218-3901

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