Who Should Determine Market Need For LNG Projects?

Law360, New York (May 11, 2010, 11:08 AM EDT) -- The debate between members of the Federal Energy Regulatory Commission (“FERC” or “Commission”) in two recent cases involving applications for licenses to build and operate new liquefied natural gas (“LNG”) import terminals in Oregon[1] raises a fundamental issue regarding the FERC’s role in authorizing new gas projects: Who is better-equipped to decide if a project is needed — a majority of the Commission or the energy markets?

In these cases, over strong dissents of then-Commissioner and now-Chairman Jon Wellinghoff, a majority of the Commission voted to...
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