Permits put on hold for planned pipeline to fuel a new Tennessee natural
gas power plant
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[October 15, 2024]
By JONATHAN MATTISE
NASHVILLE, Tenn. (AP) — A federal appeals panel has temporarily halted
two permits needed to begin construction on a pipeline project in
Tennessee that will supply a natural gas plant.
In a split 2-1 decision, the 6th U.S. Circuit Court of Appeals panel
delivered a ruling Friday that, for now, prevents Tennessee Gas Pipeline
Company LLC from starting to build its 32-mile (50-kilometer) pipeline
through Dickson, Houston and Stewart counties.
The project would fuel the Tennessee Valley Authority's combined-cycle
natural gas facility at the site of the coal-fired Cumberland Fossil
Plant that is being retired.
Tennessee Gas Pipeline Company could have begun construction as soon as
Tuesday, according to the court records.
TVA, meanwhile, plans to mothball its two-unit coal plant in two stages
— one, by the end of 2026, to be replaced the same year by the
1,450-megawatt natural gas plant; and the second, shuttered by the end
of 2028, with options still open on its replacement.
“This pause is a crucial opportunity to rethink the risks of fossil fuel
development and prioritize the health and environment of Cumberland and
our region,” said Emily Sherwood, a Sierra Club senior campaign
organizer, in a news release Monday.
TVA’s plans to open more natural gas plants have angered advocates who
want a quick redirection away from fossil fuels and into solar and other
renewables, as TVA plans to retire its entire coal fleet by the
mid-2030s.
The case is set for oral arguments on Dec. 10. If additional appeals are
filed and succeed, the timeline could be reset again.
“We do not agree with the court’s temporary stay and are evaluating our
options to ensure this project can be constructed in a timely manner,”
the pipeline firm's parent company, Kinder Morgan, said in a statement
Monday.
Spokespeople for the Tennessee Valley Authority and the Army Corps of
Engineers declined to comment. Chad Kubis, a spokesperson for the state
attorney general's office, said officials there are evaluating their
next steps.
The Southern Environmental Law Center and Appalachian Mountain
Advocates, on behalf of Appalachian Voices and the Sierra Club, asked
the appeals court in August 2023 to reconsider a water quality permit
issued by the Tennessee Department of Environment and Conservation for
the pipeline. In September, the groups requested an appellate review of
another permit from the U.S. Army Corps of Engineers.
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Electrical power lines string across the landscape near downtown
Sunday, Aug. 11, 2024, in Nashville, Tenn, as Nashville Electric
Service distributes power to surrounding communities and is supplied
their electricity from The Tennessee Valley Authority. (AP
Photo/John Amis, File)
In the ruling, Judges Eric Clay and
Karen Moore argued that the groups risk irreparable harm if pipeline
construction begins before the judges decide their case. The
company's plans would cross scores of streams and wetlands, where
construction could do long-lasting damage to waterways and wildlife,
the plaintiffs contend.
Judge Amul R. Thapar, in dissent, contended the court lacks
jurisdiction for the state agency claim, and that the plaintiffs
haven't shown they would suffer irreparable harm or that their case
would likely succeed.
TVA's plans for expanding its natural gas fleet have drawn
additional lawsuits, including over the Federal Energy Regulatory
Commission’s approval of the Cumberland pipeline.
Another lawsuit claims that TVA’s environmental review of the
Cumberland plant was perfunctory, in violation of the law. A
separate challenge contests the decision-making for a planned
1,500-megawatt natural gas facility with 4 megawatts of solar and
100 megawatts of battery storage at the Kingston Fossil Plant, the
site of a massive 2008 coal ash spill. Late last month, a judge
dismissed a different lawsuit that challenged TVA's process to
approve plans for gas turbines at a retired coal plant in New
Johnsonville.
The groups suing over gas expansion plans note that TVA is off track
to meet the Biden administration’s goal of eliminating carbon
pollution from power plants by 2035 to try to limit the effects of
climate change, even with a majority of the board appointed by
President Joe Biden. Several of TVA's proposals for new natural gas
plants have prompted criticism from the U.S. Environmental
Protection Agency, including a warning that its environmental review
of the Kingston project doesn’t comply with federal law.
TVA CEO Jeff Lyash has said repeatedly that gas is needed because it
can provide power regardless of whether the sun is shining or the
wind is blowing. He added that it will improve on emissions from
coal and provide the flexibility needed to add 10,000 megawatts of
solar to its overall system by 2035. TVA has a goal of 80% reduction
in carbon emissions by 2035 over 2005 levels and net-zero emissions
by 2050.
TVA provides power to 10 million people across seven Southern
states.
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