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Judge affirms commission’s Cove Point order

Baltimore, MD – Another court challenge related to the Dominion Cove Point Liquefied Natural Gas (LNG) Exportation project has received an opinion from a judge. On Friday, Dec. 19 Baltimore Circuit Judge Alfred Nance affirmed the Maryland Public Service Commission’s (PSC) order approving an electricity generating power station at the Lusby gas terminal. In making his ruling, Nance rejected an appeal from the Accokeek, Mattawoman, Piscataway Creeks (AMP) Communities Council, Inc.

A hearing on the matter was held Dec. 17.

The power station is part of Dominion’s $3.8 billion project, which has already begun. Dominion received approval to construct the liquefaction facility back in September from the Federal Energy Regulatory Commission. The power station will generate the electricity for the liquefaction facility. with the liquefaction component, Dominion will be able to export natural gas via its offshore terminal.

The PSC issued a certificate of public convenience and necessity allowing Dominion to construct the 130-megawatt generating station.

According to the court document, Nance concluded the PSC did not violate AMP Creeks’ right to due process, was not “arbitrary or capricious” in reaching its decision, did not act outside its statutory authority by attaching financial conditions to the order, the commission’s findings were supported by substantial evidence, the commission did not act “arbitrarily or capriciously” in considering the Calvert County Commissioners’ recommendation regarding the project, approved conditions while addressing emissions and economic impacts of the project on Maryland customers and the commission determined the overall project satisfied the public good.

Washington, DC attorney Sean P. Canavan represented AMP Creeks in the litigation.

Contact Marty Madden at marty.madde@thebaynet.com

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