[Congressional Record Volume 150, Number 138 (Tuesday, December 7, 2004)]
[Extensions of Remarks]
[Pages E2177-E2178]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 CONFERENCE REPORT ON H.R. 4818, CONSOLIDATED APPROPRIATIONS ACT, 2005

                                 ______
                                 

                               speech of

                        HON. PATRICK J. KENNEDY

                            of rhode island

                    in the house of representatives

                      Saturday, November 20, 2004

  Mr. KENNEDY of Rhode Island. Mr. Speaker, I would like to bring my 
colleagues attention to a provision included in the Fiscal Year 2005 
Appropriations Omnibus bill, H.R. 4818, titled, ``Federal Energy 
Regulatory Commission Salaries and Expenses.'' The language included in 
this section declares that it is the intent of Congress for the Federal 
Energy Regulatory Commission (FERC) to have exclusive jurisdiction over 
the siting and approval of Liquefied Natural Gas (LNG) terminals. This 
language seems to target a pending lawsuit by the State of California 
challenging the placement of a LNG facility. Although the language is 
non-binding, I am concerned with the possible repercussions of this 
provision, as well as the method in which it was added to the bill.
  My home state of Rhode Island is currently examining a proposal 
regarding a LNG terminal in Providence. Members of the Rhode Island 
Congressional delegation and state officials have been in active 
discussions with all federal and local agencies that would be affected 
by this terminal to ensure that the region is properly informed of the 
hazards of a potentially expanded or new LNG facility. Rhode Island's 
unique geography and narrow waterways would force the LNG tanker ships 
to travel through densely populated areas to reach the terminal. The 
citizens of Rhode Island and our Congressional delegation have justly 
requested that all safety concerns are addressed before the facility is 
considered due to the ships close proximity to residential and 
businesses areas. There is also an increased potential for 
environmental damage due to dredging, as well as concerns for how 
increased tanker traffic will affect the commercial fishing industry, 
which is already under tremendous stress. Further, the U.S. Coast Guard 
recently responded in a letter to my office that the security of the 
LNG ships would be a shared Federal, State, local, and industry 
responsibility.
  I understand the FERC's assessment that the shipment of LNG is 
engaged in foreign commerce, however, this statement severely limits 
the process and dangers involved with shipping LNG. The delivery of 
LNG, especially in populated areas such as Rhode Island, greatly 
impacts the lives of those who live near the transport route. Also, the 
state and local law enforcement agencies that will be called upon to 
ensure the public's safety will continue to be stretched thin. 
Excluding the involvement of the state from the consideration of a LNG 
terminal is inconsistent with all the information my office has 
received from various inquiries that unequivocally proves that state 
and local agencies would be greatly impacted by the construction of a 
large facility. The federal government is also ignoring the critical 
expertise and knowledge that can be gained by including state and local 
experts in this process.
  I am also extremely disappointed with the closed-door method that was 
used to add this

[[Page E2178]]

language to the omnibus. Supporting the FERC's exclusive jurisdiction 
over the siting and approval of LNG terminals is an extremely important 
decision that is worthy of a full debate in Congress. By including 
controversial language in an omnibus at the end of the 108th session of 
Congress, there is no opportunity to amend or strip the bill of this or 
other, harmful provisions. I hope that my colleagues will join me in 
more closely examining the full impact of this issue on every state in 
the next Congress. I look forward to an open debate that will include 
the input of those citizens and local officials who are most affected 
by the inclusion of this language in the omnibus. Thank you.

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