Flaming Gorge pipeline: Earthjustice, et al. to FERC — ‘No’ should mean no to do-over for preliminary permit

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From the Earthjustice blog (Doug Pflugh):

Million is back at it again, asking the Federal Energy Regulatory Commission to reconsider his application for a preliminary permit. Million’s request comes on the heels of FERC’s dismissal of his preliminary permit. You may remember that Million turned to FERC after an earlier attempt to permit this project was terminated by the Army Corps of Engineers last summer. That’s two no’s in less than one year. Will a third do the trick?

This week, Earthjustice, representing 10 environmental groups, filed papers with the Federal Energy Regulatory Commission (FERC) objecting to a do-over by FERC. FERC’s decision to deny the permit was right on the money and should have been the end of this scheme. But, with at least $1.4 billion at stake—according to Million—it’s easy to understand why he isn’t giving up easily…

Earthjustice represents a coalition of ten conservation groups with interests throughout the Colorado River Basin: Sierra Club, Center for Biological Diversity, Rocky Mountain Wild, Save the Poudre: Poudre Waterkeeper, Biodiversity Conservation Alliance, Wyoming Outdoor Council, Citizens for Dixie’s Future, Glen Canyon Institute, Living Rivers: Colorado Riverkeeper, and Utah Rivers Council.

More coverage from Mark Wilcox writing for the Wyoming Business Report. From the article:

Aaron Million’s confidential business plan to annually pump about 81 billion gallons out of Flaming Gorge and the Green River that feeds it has been revealed to the Associated Press, and it is no small wonder he has not taken ‘no’ for an answer. The plan would bring in an estimated net profit of between $1.4 and $2.4 billion. And that’s after construction costs of somewhere between $2.8 billion and $3.2 billion. And end users of the water would pay up to $117 million in annual operating costs based on a “cost plus 20 percent” business model with estimated operating costs of between $70 million and $90 million…

“Million’s plan is a blatant attempt to transform an important public good into billions of dollars of private profit,” said Earthjustice staff attorney McCrystie Adams in a statement urging the Federal Energy Regulatory Commission not to rehear Million’s request. Earthjustice represents various conservation clients on this issue. “We know from the developer’s public statements and documents that he’s looking for someone else to cover the millions of dollars of permitting costs that will undoubtedly be associated with what they describe as ‘the largest water infrastructure, pipeline, hydropower and storage project’ in the region.”

Adams’ statement refers to portions of the plan showing that Million’s Wyco Power and Water Inc. is seeking to raise $15 million through 2015 to get through the permitting process. While the amount raised so far is confidential, $5 million has been spent on the permitting process.

“It is clear that Million sees the Flaming Gorge Pipeline as his Mega-Millions jackpot and hopes someone else will pay for his tickets,” Adams wrote. “Fortunately, the odds of permitting this boondoggle are similar to winning the lottery.”

More Flaming Gorge pipeline coverage here and here.

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