FERC to Constitution Pipeline: A Year Means A Year, You Shoulda Fought

Sadly, FERC has once again refused to help Constitution Pipeline avoid the consequences of letting itself to be double-crossed by Gov. Andrew Corruptocrat.

FERC, in a decision released yesterday, has denied the Constitution Pipeline. This time it was the rejection of an excellently drafted request for a rehearing on the basis that the New York State DEC’s two refiling requests were nothing but a ruse to delay and ultimately deny the project. The DEC, which does nothing significant that is not at the direction of Governor Corruptocrat, clearly manipulated the Constitution Pipeline folks. FERC, though, which knows exactly what DEC is doing, wasn’t sympathetic. It’s effectively said “you should have known better.” And, unfortunately, who can blame them? Everyone who’s done business in or within New York knows everything is political and nothing is not corrupt. Everyone but the naive well-meaning people at the Constitution Pipeline, that is.

The heart if the decision follows:

Constitution repeats a series of arguments from its petition for declaratory order to the effect that New York DEC admitted that Constitution’s second withdrawal and Third Application were an “unwarranted fiction” to extend the time for review of the application beyond the time allowed under any interpretation of Section 401. Constitution contends that the maximum reasonable period of time for New York DEC’s decision expired on May 9, 2015, one year after receipt of the Second Application and eleven months before New York DEC’s denial on April 22, 2016. Constitution asserts that the Commission’s interpretation of Section 401 allows state agencies to skirt hard choices and engage in legalistic gamesmanship by insisting that applicants reapply by simply resubmitting their existing applications, thus “fostering a regulatory scheme that is detrimental to the public interest.”

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