FERC Denies Request to Reopen Weaver’s Cove Record

Today FERC denied motions to reopen the record of the previously approved Weaver’s Cove LNG terminal.  The requests filed by the Conservation Law Foundation, Save the Bay, and an individual citizen argued that Weaver’s Cove’s decision to use smaller vessels in response to a federal law that prevented the Brightman Street Bridge from being removed materially changed the project and warranted further FERC review.  According to the Commission, “[t]o persuade the Commission to exercise its discretion to reopen the record, the requesting party must demonstrate a change in circumstances that is more than just material – the change must go to the very heart of the case.”

Although FERC denied the request, it reserved the possibility that the docket may be reopened if the U.S. Coast Guard amends its evaluation of the facility.  The Commission noted, “if the Coast Guard’s review of this matter results in changes to the project that require a change to our authorization, we would determine at that time what additional review we might be required to undertake in connection with such changes.”  The order is available at the FERC e-Library in Docket No. CP04-36-002.

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