I read with
interest your editorial of August 13, where you asked the question as to
whether the federal government will listen to the public that overwhelmingly
opposed the Northeast Direct Pipeline to be built by Tennessee Gas. The agency tasked with
overseeing the permitting process is the Federal Energy Regulatory Commission
(FERC). Part of that process were the recent scoping
sessions where information was gathered from the public as to the environmental
impacts of the proposal.
Established by Congress in 1928 as the Federal Power
Commission to coordinate hydro-electric projects under federal control, the
scope and mission of the commission steadily expanded over time. The FPC was
reorganized and renamed in 1977. Although its commissioners are appointed by
the President and approved by the Senate, FERC, on its website is described as
an "independent agency".
The Energy
Policy Act of 2005 made the most significant changes to FERC and its authority
since the 1930s. The law gave FERC broad power to overrule local and state
governments with regard to the siting of new gas
pipelines, even when they conflict with federal law. FERC also was given the
power of eminent domain so it can take property to build infrastructure. It
permits "contracts", even export contracts
to be considered "public good" for the taking of land via eminent
domain.