San Juan County hearing examiner's decision on GSX overturned
Yesterday, San Juan County joined neighbouring Whatcom County and British Columbia, in reducing the likelihood that the GSX Pipeline will go ahead.
"Hearing examiner's decision on GSX overturned [by San Juan County Commissioners]", San Juan Islander, Nov 10, 2004 (link)
"they [Terasen] could put in enough storage for peak use and that will be reviewed by the BCUC and if that in fact is the case then GSX would not be needed." Richard Neufeld, Minister of Energy of Mines, CKNW Radio, Nov 4, 2004
"if they [Terasen] do get regulatory approval and we can firm up costs, we would go with the Terasen alternative" Bev van Ruyven, Vice-Pesident, BC Hydro, CBC Radio, Nov 4, 2004
"[Whatcom County] Council delays action on pipeline", John Stark, Bellingham Herald, Oct 28, 2004 (link)
from the San Juan Islander...
Hearing examiner's decision on GSX overturned
posted 11/10/04
In a two to one vote, San Juan County Board of County Commissioners overturned Hearing Examiner Wick Dufford's decision about a gas pipeline. He had approved a permit for the Georgia Strait Crossing Pipeline Project after listening to testimony in an April 9, 2004 hearing. The project includes a four-mile segment in county waters.
The Friends of the San Juans appealed the decision to the BOCC on the grounds Dufford erred when he approved the permit. "We believe the hearing examiner essentially rewrote San Juan County shoreline code," said FOSJ attorney John Karpinsky. Pipelines were only to be allowed if there were no feasible alternatives. Dufford interpreted feasible as preferable, Karpinsky said.
In order to be approved, the pipeline would have to be in the public interest. "The hearing examiner said because someone is going to make money, it is a benefit to the state. People can make money off prostitution," said Commissioner Rhea Miller said. "I don't see anyway this (the pipeline) promotes public interest."
Commissioner John Evans did not think there was an error of law and voted against overturning Dufford's decision. He also noted, "it is not a crime to make money."
Commissioner Darcie Nielsen believed Dufford made a stretch to approve the permit. She voted with Miller to overturn the decision and go back to the original staff recommendation to deny the permit.
Because federal agencies including the the Federal Energy Regulation Commission (FERC) are involved in permitting the project, it is unclear how much of an impact the county's decision will have. The next step in the permit process would be an appeal to the Shoreline Management Hearings Board if the pipeline company decides to appeal the BOCC decision.
This article is followed in the San Juan Islander with a series of articles on GSX going back to March 2000. You can obtain this article and the historical ones at:
http://www.sanjuanislander.com/county/permit_center/gsx_pipeline.shtml