[Congressional Record Volume 156, Number 28 (Tuesday, March 2, 2010)]
[Senate]
[Pages S945-S946]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself, Ms. Cantwell, Ms. Mikulski, Mr. 
        Cardin, Mr. Dodd, and Mr. Merkley):
  S. 3056. A bill to amend the Energy Policy Act of 2005 to repeal a 
section of that Act relating to exportation and importation of natural 
gas; to the Committee on Energy and Natural Resources.
  Mr. WYDEN. Mr. President, along with Senators Cantwell, Mikulski, 
Cardin, Dodd, and Merkley, I am reintroducing legislation that will 
repeal the authority granted to the Federal Energy Regulatory 
Commission, FERC, in the Energy Policy Act of 2005 to site Liquified 
Natural Gas, LNG, terminals. Prior to enactment of these changes,

[[Page S946]]

States, such as Oregon, had authority to site these large energy 
facilities--a right that was preempted by the 2005 act. At the time, 45 
Senators went on record saying that cutting State siting agencies out 
of the LNG siting process was a bad idea.
  As citizens and their public officials in my State and those of my 
colleagues can attest, putting FERC in the driver's seat for LNG siting 
has been a colossal mistake. Rather than address the critical 
environmental and economic questions of whether these large, 
potentially dangerous natural gas storage facilities are even needed or 
whether energy supplies could be provided with less environmental 
impact and risk, FERC has taken the attitude that it's not its job to 
make such decisions. The result is the worst of all possible public 
policy worlds where FERC refuses to address the tough questions and the 
law limits the ability of our States to step where FERC fails.
  Right now, in Oregon, we have three separate LNG projects. Two of 
those have been approved by FERC over the objections of citizens and 
State officials and one is still pending. Together, they would have a 
combined capacity of 3.3 billion cubic feet, BCF, of gas per day. Yet, 
the States of Oregon and Washington, together, only use 1.33 BCF per 
day. Natural gas prices in North America have significantly declined 
and supplies have increased since these projects were proposed. Yet, 
FERC categorically refuses to address the basic question of whether the 
three proposed facilities are even needed to serve our market. FERC 
also refuses to consider whether any of the competing interstate 
pipeline proposals to bring natural gas to Oregon from the Rocky 
Mountains would be a better option. In fact, FERC asserts that it is 
not its job to determine which, if any, of these proposals best serves 
our market.
  While the new chairman of FERC--Jon Wellinghoff--has been willing to 
vote against LNG siting proposals, the truth is that FERC continues to 
plow ahead with siting decisions that make no economic sense and which 
endanger forest lands, farms, vineyards, and residential neighborhoods. 
Given FERC's record, my colleagues and I believe that it is essential 
that Congress restore the local and State role in these critical 
decisions about where, and even whether, LNG facilities and the 
pipelines that connect them are to be built.
  The legislative language is identical to the bill I introduced in the 
last Congress--S. 2822--and which garnered the support of a number of 
my colleagues including then-Senator Barack Obama. That bill was needed 
then, and it is needed now. I am going to be calling on the President 
for his help in fixing this serious mistake.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3056

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXPORTATION OR IMPORTATION OF NATURAL GAS.

       (a) In General.--Section 311 of the Energy Policy Act of 
     2005 (Public Law 109-58; 119 Stat. 685) is repealed.
       (b) Application.--The Natural Gas Act (15 U.S.C. 717 et 
     seq.) shall be applied and administered as if section 311 of 
     the Energy Policy Act of 2005 (and the amendments made by the 
     section) had not been enacted.
                                 ______