January 26, 2006

The Honorable Joseph T. Kelliher, Chairman
Federal Energy Regulatory Commission
888 First Street, NE
Washington, DC 20426

Dear Chairman Kelliher,

In response to your statement of January 19, 2006 regarding the Weaver's Cove and KeySpan LNG cases, I was reassured by your insistence on strict adherence to public safety standards.  While I strongly agree with your assessment that our nation is challenged by rapidly increasing energy needs, I would add that the solutions - such as Broadwater Energy's proposed LNG terminal - must not imperil the health and safety of American families, or the environment of Long Island Sound and surrounding areas.

Specifically, I am deeply concerned that this joint venture between TransCanada Corporation and Shell - as it moves forward with its short-sighted and flawed design to site a nearly quarter-mile long floating LNG re-gasification barge in the Long Island Sound - has ignored its obligation to assure the public that transparency, credibility and public safety will be treated as priorities.  Throughout the application process, Broadwater Energy has raised grave concerns by consistently failing to submit important data necessary to meet federal regulatory and security requirements.   

In fact, most every environmental and civic organization in the region, as well as virtually all locally elected officials, have raised concerns about the Broadwater proposal.  Their objections were validated last month by the U.S. Coast Guard, which declined to accept data submitted by Broadwater Energy and cited multiple deficiencies in its application, as indicated in a strongly worded December 21, 2005 letter to Broadwater Energy, which I have enclosed for your reference.

Perhaps the single most conspicuous short-coming in Broadwater's application is the erroneous use of atmospheric information for Baltimore, Maryland rather than Long Island, New York to exhibit dispersion risks in the event of a hurricane or Northeastern gale.  I agree with the Coast Guard's characterization that this 250-mile mistake is "unacceptable."

Moreover, I find it particularly egregious that Broadwater officials compared this project's risk factors to a study performed by Sandia National Laboratory detailing potential hazards of LNG terminals significantly smaller in size and scope than this project.  In its response to Broadwater, the Coast Guard states, "[the] report does not sufficiently validate the applicability of the Sandia National Laboratories Report."  It is clear that Broadwater is simply trying to fit a square peg in a round hole when it comes to public safety.

Another cause for grave concern is Broadwater Energy's lack of transparency.  Broadwater refused to publicly disclose certain data it considers "sensitive security" information, a characterization also refuted by the Coast Guard. Coast Guard officials wrote, "Be aware that much of the information in the...report does not appear to meet the definition of sensitive security information."  Such a disparity can only mean that Broadwater does not want information revealed that would prove detrimental to the public and the future of its project.

If such blatant disregard for public safety and sound science are indicative of Broadwater Energy's approach to this project, then I encourage you in the strongest possible terms to demand strict compliance with the application requirements - and to stop any further development of the project - until the Coast Guard, the Federal Energy Regulatory Commission, and all relevant federal agencies are satisfied that Broadwater has completely adhered to its regulatory obligations. 

Even now in the early stages of the application process, it is crucial to my district -and indeed the entire Long Island Sound region - that your agency provides every assurance that it will uphold the public trust in preserving public health and the environment from potentially irreversible damage as presented by the Broadwater LNG.

I appreciate your time and consideration of these concerns.  I look forward to working with you toward safeguarding our environment in the effort to meet our nation's energy needs.  Should you have any further questions, please feel free to contact me directly or Brian Farber of my Washington, DC office at (202) 225-3826.                                  

Sincerely,

Tim Bishop
Member of Congress


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_____________________________
Jon Schneider
District Director
Congressman Tim Bishop
1st Congressional District of New York
(631) 696-6500