Jordan Cove Energy Project

On December 1, the project owner filed their initial brief requesting that FERC vacate the authorizations for the project under Sections 3 and 7 of the Natural Gas Act. On December 16, FERC issued an order vacating authorizations issued for both the Jordan Cove LNG Terminal and the Pacific Connector Gas Pipeline. This effectively ends the project.

On November 1, the U.S. Court of Appeals for the D.C. Circuit remanded the record in the Jordan Cove LNG Terminal and Pacific Connector Pipeline proceedings to FERC. The court's order requires FERC “to consider whether a stay of the authorization for the Pacific Connector Pipeline is appropriate."

Following their monthly meeting on November 18, FERC issued an order that they will accept briefs on whether a stay should be granted to a portion of their authorization of the Pacific Connector Pipeline order. Section 9 of the order reads:

“In light of the D.C. Circuit's decision, we request briefing on whether the Commission should stay its NGA section 7 authorization for the Pacific Connector Pipeline and, if so, for what period of time. In their briefs, developers should clarify whether they plan to move forward with the projects as authorized by the certificate. Initial briefs are due by December 1, 2021. Reply briefs, if any, are due by December 15, 2021." It should be noted that the Section 7 NGA authorization “confers to the certificate holder federal eminent domain authority over the authorized route."

The State’s Land Use Board of Appeals (LUBA) reversed a decision by Coos County and the City of Coos Bay which granted permits for dredging and installation of a temporary pipeline to transport dredge spoils from the Coos Bay Estuary.

The project owner filed a motion in the DC Circuit to suspend the merits briefing schedule and to hold the cases in abeyance which challenge FERC’s decision to authorize the project. State agencies and other petitioners in the case, except for the Cow Creek Band of Umpqua Tribe, have opposed this motion (Cow Creek Band did not take a position). According to the motion, Project Developers “have decided to pause the development of the Jordan Cove Liquefied Natural Gas Project while they assess the impact of recent regulatory decisions involving denial of permits… necessary for the Project to move forward.”

The Secretary of Commerce has upheld DLCD’s objection to the joint consistency certification from Jordan Cove Energy Project and Pacific Connector Gas Pipeline. DLCD’s objection was based on the determination that the proposed actions were not consistent with the enforceable policies of the Oregon Coastal Management Program, and on having insufficient information.

FERC denied the applicants’ petition for a declaratory order asking the Commission to find that the Oregon Department of Environmental Quality had waived its authority to issue a water quality certification under section 401(a)(1) of the Clean Water Act.

NOAA’s National Marine Fisheries Service (NMFS) notified FERC that they were reinitiating consultation on the project.

On behalf of intervening Oregon state agencies, Oregon Department of Justice submitted a Second Amended Petition for Review to the Federal Energy Regulatory Commission.

On behalf of intervening Oregon state agencies, Oregon Department of Justice submitted a request for rehearing to the Federal Energy Regulatory Commission. The request details the State's objections to the FERC issued Certificate of Public Convenience and Necessity.

FERC issued an Order granting authorizations under Sections 3 and 7 of the Natural Gas Act for the siting, construction and operation of the Jordan Cove LNG Terminal and the construction and operation of the Pacific Connector Gas Pipeline. The authorizations are subject to conditions contained in the order.

DLCD has completed its evaluation of the Federal Consistency Application and Joint CZMA Certifications submitted by JCEP and has determined the proposed project has not established consistency with multiple enforceable policies of the OCMP. DLCD objects to JCEP's consistency certifications.

DLCD's press release and decisions documents are available on the agency's website.

Jordan Cove withdrew its application for a removal-fill permit from the Department of State Lands, effective January 24, 2020.

The Oregon Department of Justice submitted comments on behalf of multiple State agencies regarding FERC's Final Environmental Impact Statement.

FERC released the Final Environmental Impact Statement on the Jordan Cove Energy Project.

A Stay Agreement has been executed between DLCD and Pembina, which extends DLCD’s decision deadline to February 28, 2020.

On September 13, 2019, DSL received a request for an extension from Jordan Cove LNG to extend the DSL permit decision date to January 31, 2020. DSL approved the extension.

The Department of Land Conservation and Development posted the public comment period for the federal consistency review of the proposed project. Comments will be accepted until midnight September 21, 2019. During review, the proposed project must demonstrate how it is consistent with the enforceable policies of the Oregon Coastal Management Program. A list of enforceable policies triggered by the proposed project is located on DLCD’s Coastal Management Program Public Notice webpage.

DLCD sent the federally-required 3-month notice to the Jordan Cove Energy Project explaining why the project is still under review for federal consistency with the Oregon Coastal Management Program. The notice also included an information request that will aid analysis of the fish and wildlife enforceable policies of the Program.

The Oregon Department of Justice submitted comments on behalf of multiple State agencies regarding FERC's Draft Environmental Impact Statement.

DLCD has postponed its public comment period (see below), as it reviews additional information.

DLCD affirmed that the proposed project application for federal consistency review submitted on April 12, 2019 is complete and the 6-month review period started on date of submittal. DLCD will post an opportunity for comments on June 17, 2019, that will last for 60 days. The 6-month review period ends October 12, 2019.

In April, DSL asked Jordan Cove to provide additional information regarding its removal-fill permit. On May 9, Jordan Cove provided a 1,600+ page response. DSL will now review the response, and has until September 20, 2019 to approve, deny, or extend the application period for Jordan Cove.

DEQ has denied Jordan Cove Energy Project’s application for a Section 401 Water Quality Certificate. DEQ’s decision is “without prejudice.” This means that the applicant may reapply for the certification, and submit additional information that could result in a different decision.

The Jordan Cove Energy Project has informed ODOE that due to engineering changes to on-site energy generation at the export facility, the company is no longer seeking an exemption to a site certificate (the state permit that authorizes energy generation above a certain threshold). ODOE has requested more information from the applicant.

DSL has finished its review of comments received on the Jordan Cove Energy Project removal-fill permit and asked the applicant to provide additional info.

FERC issued its Draft Environmental Impact Statement and is accepting public comments until July 5, 2019. The State of Oregon will also be reviewing and commenting on the project.

The permit decision deadline for Jordan Cove's removal-fill application has been extended to September 20, 2019. A decision may be made sooner if DSL is in possession of all necessary information to make a permit decision.

DSL has closed the comment period for the revised removal-fill permit application (see below), and will be reviewing the submitted comments.

DSL determined that the revised removal-fill permit application (see below) was complete.

The agency is now accepting public comments on the application through February 3, 2019 at 5 p.m. DSL will hold five public hearings to hear comments on the application.

DSL received a revised removal-fill permit application for the Jordan Cove Energy Project, covering the LNG slip and access channel, LNG terminal, and natural gas pipeline. DSL has until December 6, 2018 to review the application for completeness. If the application is deemed complete, a 60-day public review and comment period will begin. DSL has tentatively scheduled five public hearings on the application (these will be canceled if the application is deemed incomplete).

The Jordan Cove Energy Project has withdrawn and resubmitted its application for the project’s 401 Water Quality Certification. DEQ was awaiting additional information from the applicant that it needed to make a decision on the application (see September DEQ entry, below). The applicant chose to withdraw and resubmit the application to restart the review period, as allowed under state and federal rules.

DEQ will complete its analysis of the certification once it receives all necessar information. DEQ also sent an information request on the Post Construction Stormwater Management Plan for the LNG facility on September 25, 2018.

The removal-fill application for the Jordan Cove Energy project remains in “awaiting revision” status. Jordan Cove LNG requested on August 24, 2018 that the application remain in awaiting revision status and the resubmittal deadline be extended to November 30, 2018. The Oregon Department of State Lands agreed to the request.

If a revised application is received, a 30-day completeness review will begin. If the application is determined to be complete, a public comment period will begin. The minimum public comment period is 30 days; DSL intends to keep the public comment period for this application open for 60 days. During the public comment period, a public hearing will be held in each of the counties – Coos, Douglas, Jackson, and Klamath – where the project is proposed to be located.

The Department of State Lands will continue to provide email updates about this project. Additional information about past application actions and project background is also available on the DSL website.

ODOE announced that the September 27-28, 2018 meeting of the Energy Facility Siting Council has been cancelled. This meeting, scheduled to occur in North Bend, had one agenda item: EFSC’s consideration of a request from Jordan Cove Energy Project LP for a high-efficiency cogeneration energy facility exemption from the requirement to obtain a site certificate. The applicant requested that the scheduled agenda item be removed from the September meeting.

DEQ is reviewing more than 43,000 comments it received from members of the public and tribal representatives on the Section 401 Water Quality Certification application during the comment period, which closed on Aug. 20, 2018.

DEQ has conducted a preliminary review of the 401 Water Quality Certification application. As part of its review, DEQ is requesting more information from the applicant including additional information on how the project will comply with state and federal water quality standards and information on how the project could affect beneficial uses of ground and surface water. DEQ has asked the applicant by Oct. 7, 2018 to provide the information or a schedule to provide the information.

As DEQ continues its review of the application material and the public comments, it may develop additional information requests.

The proposed Jordan Cove liquefied natural gas export facility includes specific energy generating components that fall under Oregon Energy Facility Siting Council jurisdiction. The company has submitted an application for an exemption from a state-issued certificate to generate electricity. The request is available for public review and comment until August 13, 2018, and is scheduled to be discussed at the Energy Facility Siting Council’s September meeting.

Jordan Cove LNG requested that the Department of State Lands suspend review of its removal-fill permit application and change the application’s status to “suspended awaiting revision.” Jordan Cove anticipates providing additional details on the Kentuck Slough and eelgrass mitigation sites and updated land use permitting information by the end of August 2018. DSL has agreed to this request.

DSL announced that it received a revised removal-fill permit application for the Jordan Cove Energy Project on May 10, 2018. The Department has 30 days to conduct a completeness review, which it will conclude by June 8, 2018. If the application is deemed complete by June 8, a public comment period begins, and at least three public hearings will be held in June in communities where the project would be located. If issues remain, the submittal deadline may be extended and the schedule would shift.

Water Quality – DEQ and the U.S. Army Corps of Engineers opened a 60-day comment period on a Section 401 Water Quality Certification application from the Jordan Cove Energy Project. The Corps’ comment period will close at 5 p.m. on July 21, 2018. DEQ has extended its comment period and it will now close on August 20, 2018.

DEQ will review and consider all comments on the application received during the public comment period. Following this review, DEQ may request additional information from the applicant. DEQ will use the application material to develop an evaluation findings report and draft certification decision. DEQ may issue the draft certification decision on the project as proposed, issue the certification with conditions, or deny the certification.

Air Quality – DEQ is reviewing permit applications for the Jordan Cove liquid natural gas facility and for the compressor station in Malin for the Pacific Connector pipeline.

Landfill – In April, DEQ received a permit application from Jordan Cove to close the landfill on the North Spit. The former Weyerhaeuser mill had a landfill permit for mill wastes on the North Spit; the permit was transferred to Jordan Cove in 2009. The landfill closure process will be completed in phases over the next couple of years.

U.S. Coast Guard issued a Letter of Recommendation “on the suitability of the Coos Bay channel for LNG marine traffic as it relates to safety and security.” Read the full news release from the U.S. Coast Guard.

DSL has extended the submittal deadline for a revised removal-fill permit application to May 18, 2018. Jordan Cove is using the additional time to address information deficiencies identified by DSL during its completeness review.

DSL agreed to extend the revised removal-fill permit application submittal deadline to April 30, 2018. Jordan Cove Energy Project had requested additional time to prepare a revised application to address the information deficiencies identified during DSL’s completeness review.

DSL concluded its completeness review of Jordan Cove Energy Project's application, and deemed the application incomplete. The applicant has up to 120 days to provide the additional information DSL requested.

DSL received a removal-fill permit application for the Jordan Cove Energy Project. The application covers: 1) the liquefied natural gas (LNG) slip and access channel; 2) the LNG terminal; and 3) the natural gas pipeline. A completeness review is underway.

Jordan Cove submitted a Joint Permit Application to the U.S. Corps of Engineers and DEQ that describes potential environmental impacts associated with the project. The Corps and DEQ will hold a 60 day public comment period on the application once the Corps deems the application complete.