Beyond Extreme Energy (BXE)

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There are big changes at the Federal Energy Regulatory Commission (FERC) now that Richard Glick has been named chair. Forty three years after Congress ordered FERC to create the Office of Public Participation, efforts are being made to fund and create the OPP at FERC. FERC is giving new attention to environmental justice and climate movement criticism, holding listening sessions and conferences seeking insight into how FERC can chart a new course. 

Since 2014 Beyond Extreme Energy (BXE) has been a staunch opponent of FERC as a rubber stamping agency for the fossil fuel industry. We welcome these changes at FERC, but believe that FERC cannot be fully reformed from within. The changes made under one progressive chair cannot undo the decades of FERC corruption and structural facilitation of climate change. What can be achieved under Glick can be undone by subsequent chairs. Therefore we have long campaigned for the creation of the Federal Renewable Energy Commission (FREC). 

In 1977 FERC was created by Congress due to “growing doubts about the effectiveness” of FERC’s 1920s predecessor the FPC. The time has come to likewise dismantle FERC, and to replace it with an institution with a clear climate mandate rooted in the issues of the 21st century. 

At this moment, those within FERC are seeking counsel as to what must change. Parallel to this Congressional support for the creation of FREC has grown based on our Legislative Case for a Federal Renewable Energy Commission. Forces from below, from above, and from within are looking at what a new FERC requires. At this critical juncture we are inviting frontline organizers, activist groups, and legislators to the FERC Into FREC Summit! The Summit will be held via Zoom on April 10th from 1-5PM EDT.

The goal of this summit is to deepen our vision for how a Federal Renewable Energy Commission would function. We have many critiques of FERC, and many dreams of a green future. But what are the policies and mechanisms that make it a reality?

To get us there we will examine BXE’s current visions of FREC, proposals from Congress, and what frontline groups envision. We will split off into breakout groups to tackle issue by issue the workings of a new sort of energy regulatory commission. One rooted in environmental justice, community control, and decarbonization.

To attend- please register here: https://forms.gle/mtpiB3o2obiYTnU29

To have the most in depth conversations possible- we ask that attendees familiarize themselves with BXE’s Legislative Case for a Federal Renewable Energy Commission. 

See you there!

This Thursday will be the first meeting chaired by FERC Commissioner Richard Glick. Glick has been an outspoken opponent of rubber stamping fossil fuel infrastructure and FERC’s failure to account for cumulative greenhouse gas emissions.
BXE is glad that Glick was named chair of FERC last month by President Biden. We still believe that FERC cannot be reformed from within, and must be fully replaced by a Federal Renewable Energy Commission (FREC) focused on sunsetting fossil fuels and fully transitioning to renewable energy. We’re cautiously optimistic about Glick’s plans for environmental justice, a funded office for public participation, and other major changes at FERC. But we are not so naive as to believe what can be done in the course of one administration cannot be undone by subsequent administrations. The global crisis of climate change requires the creation of a new agency with a mandate rooted in the issues of the 21st century.
On Thursday we will be emailing, calling, or tweeting at FERC to congratulate Glick as he gavels in his first commissioners’ meeting. At the same time, we will be urging him and the other commissioners to stand up to the fossil fuel industry consistently and repeatedly, stop being a rubber stamp for them. We’re keeping our eye on FERC, and will keep the pressure on!
You can join us in this effort by sending a message to the five commissioners or live-tweet at them during the meeting with us.  You can find sample messages and tweets here.

Twitter:

Telephone: 

• BXE’s FERC Hotline: (866) 455-3498
• Commissioner Christie: 202-502-8110
• Commissioner Chatterjee: 202-502-6477
• Commissioner Danly: 202-502-8338
• Commissioner Clements: 202-573-2699

E-mail:

• Neil.Chatterjee@ferc.gov
• Richard.Glick@ferc.gov
• James.Danly@ferc.gov
• Mark.Christie@ferc.gov
• Allison.Clements@ferc.gov
  

Sample Messaging:

‘We’re excited for big changes at FERC under Chairman Glick. However, we remain skeptical that FERC can be reformed in ways that truly meet the challenges of the climate crisis. We’re keeping our eyes on FERC, especially with new promises of environmental and climate justice.’

‘I’m calling to congratulate Richard Glick on his new position as Chair of FERC. I’m excited that he is looking to make big changes at FERC regarding cumulative greenhouse gas emissions, environmental justice, and renewable energy. We hope he continues to take a stand against fossil fuels as we seek to build long term solutions like the creation of a Federal Renewable Energy Commission.”

Sample Tweets Based on FERC’s current Agenda: 

Where is the tolling order for #FrackedGas infrastructure certificates @RichGlickFERC @ClementsFERC @FERChatterjee @FERC? 

The transportation of #FrackedGas and the sale thereof in interstate and foreign commerce is contrary to the public interest @RichGlickFERC @ClementsFERC @FERChatterjee @FERC

Public convenience and necessity means community and ecosystem and planetary factors have equal priority with other NGA goals @RichGlickFERC @ClementsFERC @FERChatterjee @FERC

The @FERC #FrackedGas project approval process has been captured by industry @RichGlickFERC @ClementsFERC @FERChatterjee

In 2021 @RichGlickFERC @ClementsFERC @FERChatterjee  @FERC are hearing about a Colonial offer to extend in-transit storage privileges for TransMontaigne’s Collins facility in 2016 #FREC has more important things to do.

The Quality Bank’s valuation of #Resid continues to be just and reasonable.  Our valuation of #Resid?Less than zero. 

#KeepItInTheGround (-0) @RichGlickFERC @ClementsFERC @FERChatterjee @FERC                              

We are in a #ClimateCrisis, we need a moratorium on all #FrackedGas expansion so we can #BuildBackBetter @RichGlickFERC @ClementsFERC @FERChatterjee @FERC

“The compressor is a threat to our neighborhood and should never have been placed in such a densely populated [area] in the vicinity of a fertilizer plant”- C Vallee.

Continue expanding #LNG export facilities like #Freeport?No! We are in a #ClimateCrisis @RichGlickFERC @ClementsFERC @FERChatterjee @FERC

We need a moratorium on all #FrackedGas expansion so we can #BuildBackBetter

More Background:

Richard Glick has done more than this in his three-plus years as a FERC Commissioner. He has openly opposed and written strong dissents, primarily but not only on climate grounds, to majority decisions approving new gas pipelines, LNG terminals and compressor stations. Those dissents likely helped lead the DC Court of Appeals to strike down last year, FERC’s “Kafkaesque” (their words) decades-long abuse of eminent domain to the extreme detriment of landowners around the country faced with planned fossil fuel infrastructure on their land.

We hope for and will continue to work for the best possible results from a FERC chaired by Richard Glick and, later this year, with a Democratic majority of commissioners. But we are acutely aware of FERC’s long, rubber-stamp history and its continuing ties to the fossil fuel industry. 

Accordingly, we will continue to advance our FERC Into FREC campaign. We call for and are working toward Congressional legislation that mandates that this new Federal Renewable Energy Commission have as its primary mission to lead the transition from fossil fuels to renewables, battery storage and energy efficiency. Commissioners of FREC must be champions of renewable energy and free of conflicts of interest. They must be serious about environmental justice, transparency and active promotion of community-based involvement in decision-making as a new electrical grid is built based on jobs-creating renewables with storage. And much more.

Why do we need a new FREC if Richard Glick is chair and will soon lead a Democratic majority of commissioners? One reason is that if a Republican wins the Presidency in 2024, we can expect FERC, under Republican control, to experience the same efforts to advance fossil fuels that we’ve seen under Trump. And we remember 20-plus years of FERC doing its rubber-stamping thing for the fossil fuel industry under both Republicans and Democrats.  Without FREC legislation any positive actions by FERC will be hampered, litigated against, and not complied with by the fossil fuel industry.

So as we congratulate Richard Glick on Thursday, we will let him and the other commissioners know that we are watching and we will keep pressing in every way we can for the creation of the kind of 21^st century, federal energy regulatory body we desperately need.

For Immediate Release:

Washington DC – At this Morning’s hearing of the Senate Energy and Natural Resources (ENR) Committee three activists from Beyond Extreme Energy were arrested while speaking in opposition to Bernard McNamee, who is Trump’s latest Republican nominee to be a Commissioner at the Federal Energy Regulatory Commission (FERC).

This action put the exclamation point on the more than 25,000 signatures and letters gathered to oppose McNamee’s nomination.

McNamee is a long-time fossil fuel insider and climate denier. He has worked as a lawyer for energy companies, was the energy spokesperson for the conservative think tank, the Texas Public Policy Foundation (funded by Exxon-Mobil and Chevron), and an energy advisor for Senator Ted Cruz, who introduced him at today’s hearing.

Last summer McNamee was instrumental in drafting policy with Energy Secretary Rick Perry to have ratepayers bail out ailing nuclear and coal plants owned by political allies of Donald Trump. When this radical plan was unanimously rejected 5-0 by FERC, McNamee was again part of crafting a plan to use the War Powers Act to force the same subsidy through. That radical plan raised the concern of many members of the ENR Committee, but Politico reports that it was seen as a key “litmus test” for Mcnamee’s nomination to FERC.

BXE and other activists contend that by putting McNamee in a position of power at FERC Trump is seeking to take direct political control of what is supposed to be an independent government agency, all while forcing American ratepayers to buy power from uneconomical power plants that would raise costs on U.S. consumers by billions of dollars per year. Preliminary estimates range from the American Coalition for Clean Coal Electricity projection of about $4 billion per year, to The Brattle Group’s estimate of between $9.7 billion and $17.2 billion per year.

A BXE activist stood up during the hearing, interrupting McNamee as he gave his personal introduction to say “Members of the committee, I have to object to this nominee. I ask you to think about conflict of interest and what a terrible example this nominee is with all his connections to fossil fuel industries.” As he was removed from the hearing room he continued: “Think about all the victims of eminent domain, and the refugees and those killed by the fires and hurricanes. Vote NO ON MCNAMEE.”

Two additional BXE members stood and held a banner reading “Vote No On McNamee!”
All three were taken out of the hearing room and arrested, but have since been released after paying a small fine.

The ENR Committee is to vote soon after Thanksgiving on McNamee and the other nominees to other government agencies. Senator Murkowski (AK) has stated that the decision will go before the full Senate in December.

Activists have been speaking out in opposition to McNamee for weeks — in addition to the tens of thousands of signatures, activists collected letters from citizens and endorsements from more than 100 organizations, and compiled an impressive list of detailed questions and concerns about the nominee. Shortly before Halloween, these same three activists who were arrested today (and others) visited the offices of most members of the ENR Committee dressed as “Super Villians for FERC,” in an action that added a little humor to the question of why they oppose this nomination (video).

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Just as climate change is the overwhelming challenge of our future, so too are our children the hope and promise of our future.  After attending the Climate Reality Training last October, I showed my fourth grade students a slide show on climate change.  I told them that they were not powerless to make a difference so when we heard about the Rover Pipeline leaking, they wanted to do something.  I directed them to do some research and then write opinion papers to send to newspapers and decision makers.  Here is one of those papers written by one of my students.

–Michele Wilkins Bailey, Ann Arbor, MI

---

by Molly Dunton, Earthworks

On Thursday, January 18th, the Federal Energy Regulatory Commission (FERC) held it’s monthly meeting at its sleek office building in Northeast DC. As FERC staff, industry reps, and members of the press filed in, the mood in the room was noticeably jubilant. Hushed conversations took place between first time attendees, who wondered out loud how these meetings work, while veteran staff debated who would win the weekend’s football games. At the top of the hour, a silence fell over the room as the Commissioners took their seats at a large round table. The livestream kicked on as the FERC Secretary opened the meeting by reading an excerpt from the Sunshine Act*:

“Members of the public are invited to observe, which includes attending, listening, and taking notes, but does not include participating in the meeting or addressing the Commission.”

Secretary Bose finished her attempt to outlaw public participation in the meeting, banged her gavel, and hurried on to the agenda, which included proposals to approve several permits and certificates for infrastructure projects our nation does not need. It was then, after being told that I was allowed to witness but not engage with matters directly harming people and places I care about, that I decided to stand up and actively participate in this public meeting.

My name is Molly Dunton and I live and work in DC, not far from FERC headquarters. I have the pleasure of working for the national environmental non-profit Earthworks, and I have the privilege of working with residents around the country that have been negatively impacted by extreme energy development. In other words, my job involves supporting communities that have been forsaken by FERC in the name of corporate profits. I may not live in a frontline or fenceline community, but I carry the voices of my partners on the the front lines with me into my work. My home is not currently threatened by one of FERC’s reckless project approvals, but when might it be? Regardless of how much or how little physical stake any of us has in a given project on FERC’s docket, this fight is personal.

FERC’s continued assault on American communities is not only unsustainable and financially unviable, its unjust. What’s worse, barring the public from participating in the proceedings that decide our collective fate has created a culture of invincibility at FERC. When the opportunity arose to attend the January FERC meeting with our partner Beyond Extreme Energy (BXE), I jumped at the chance to disrupt these opaque proceedings and challenge that notion of invincibility. That morning, I was a bit intimidated about entering a federal building knowing I would not be leaving on my own accord, but whatever apprehension I felt was quickly replaced by confidence and strength instilled in me by those that had gone before and others who showed up to support us.

BXE has been disrupting FERC meetings on a regular basis for years, and has perfected an almost formulaic approach: 1) know your message, 2) keep it short and sweet, and 3) disrupt early in the proceedings before Commissioners have a chance to rush through their docket and conclude. As mentioned earlier, as soon as I was told by the FERC Secretary that I and other members of the public would never be given the chance to speak or ask questions during these meetings, I knew it was my chance to stand up, reclaim that space, and speak my truth to their purported power. My statement, yelled above the chaos that erupted in the room, was as follows:

“FERC recently announced it would review its process for pipelines. We the people have drafted for your consideration an 8 point plan for a pipeline review process where the wellbeing of people and the environment actually matter.”

At this point, I attempted to hand our plan to the Commissioners. Needless to say, they did not accept. As I was escorted out of the room by security, I could still actively participate in the non-participatory meeting, so I continued with increased urgency in my voice:

“Protect our resources! Protect our women! Protect our children! Stop being a rubber stamp for industry!”

(Photo Credit: Phil Ateto)

The past year has been difficult for our movement to say the least. Beyond FERC, our leaders are increasingly out of touch with the on the ground reality of their policies. The FERC meeting on January 18th provided me with something I had been desperately seeking: a chance to look those leaders unwaveringly in the eye and try to hold them accountable. Being able to scream at corrupt FERC Commissioners and staff, and call them out for servicing the fossil fuel industry over the American people, was cathartic. Knowing that my actions had contributed to challenging FERC’s paradigm, even in some small way, was uplifting and empowering, feelings that have been hard to come by as of late.

My disruption was brief, maybe 30 seconds, and the Commission resumed the meeting almost immediately. But a few minutes later, my co-conspirator and from West Virginia stood up to take her turn. And next month, there will be more allies signing up to participate in FERC’s regular meeting. So long as FERC continues to approve projects that put profits before people, and continue to ignore the voices of those it truly works for, we the people will continue standing up and speaking out.

*The Government in the Sunshine Act was passed by Congress in 1976 with the goal of creating more transparency within government agencies and federal commissions. The full text of the section that pertains to meeting transparency can be found below.

• 375.203   Open meetings.

(a) General rule. Except as provided in §375.206, meetings of the Commission will be open meetings.

(b) Public participation in open meetings. (1) Members of the public are invited to listen and observe at open meetings.

(i) “Observe” does not include participation or disruptive conduct, and persons engaging in such conduct will be removed from the meeting.

(ii) The right of the public to observe open meetings does not alter those rules which relate to the filing of motions, pleadings, or other documents. Unless such pleadings conform to the other procedural requirements, pleadings based upon comments or discussions at open meetings, as a general rule, will not become part of the official record, will receive no consideration, and no further action by the Commission will be taken thereon.

(2) To the extent their use does not interfere with the conduct of open meetings, electronic audio and visual recording equipment may be used by a seated observer at an open meeting.

(c) Physical arrangements. The Secretary shall be responsible for seeing that ample space, sufficient visibility, and adequate acoustics are provided for public observation of open meetings.

[45 FR 21217, Apr. 1, 1980, as amended at 80 FR 13225, Mar. 13, 2015]

 

Response of Beyond Extreme Energy to the statement of the chairman of the Federal Energy Regulatory Commission (FERC) that the agency will review its approval process for interstate gas pipelines. 

If FERC were an agency which truly put the public interest first, the announced plan to review their process for approving pipelines would be a welcome development. But facts don’t lie: over the past 30 years FERC has granted permits for all but two proposed interstate gas pipelines. It is a rubber stamp agency, and it has been this through both Democratic and Republican administrations.

This announced plan comes on the heels of FERC’s efforts in New York to override the rights of states to make decisions on air and water permits for proposed pipelines. It comes as FERC considers Rick Perry’s order that they change regulatory rules and increase costs to consumers so that coal and nuclear power are given special privileges in the supposedly fuel source neutral, FERC-regulated market.

The “need” as far as new gas pipelines is to stop building them and get serious about the urgently-needed shift to renewables. But all signs indicate FERC is going from bad to worse. Instead of moving forward into the 21st century world of wind, solar and other renewables, the Trump-appointed FERC leaders want things to go backwards to the fossil fuel-dominated 20th century. We don’t trust them.