Wu's Letter To The "Guvnuh"

February 21, 2008
The Honorable Ted Kulongoski160 State Capitol900 Court StreetSalem, OR 97301-4047
Dear Governor Kulongoski:
I write regarding your February 14, 2008 letter to the Federal Energy Regulatory Commission (FERC) about federal legislation to repeal Section 311 of the Energy Policy Act of 2005.
As you know, under current law, FERC has the sole authority to make decisions regarding the construction, expansion and operation of liquid natural gas (LNG) facilities. While the law requires FERC to consult with state and local governments, those entities have no role in the final decision, and FERC is not required to consider their concerns. I believe this is wrong.
I firmly believe all agencies at every level of government, as well as citizens and community organizations, must work cooperatively to determine what is best for the well-being of each community. It is the local citizens who should have the final say in determining whether an LNG facility is built in their area, as they will be the ones most affected by the decision.
Because I strongly believe that local and state governments should have a role in the LNG siting process, I supported the Castle-Markey amendment to the Energy Policy Act of 2005 when it was debated in April 2005. This amendment would have ensured that states have control over whether an LNG facility is sited in any particular state. The Castle-Markey amendment would have created authority for states to have a say in the final decision. Unfortunately, the amendment failed on a 194 to 237 vote. For this and other compelling reasons, I voted against the final passage of that energy bill.
I have worked at length with members of our community to make the LNG decision-making process as open and transparent as possible. It is vital for the public to have the opportunity to add their views in this important process.
I fully support your request that the state of Oregon and local communities have meaningful input in the LNG decision process. You can be assured I will work with the Oregon delegation on your request for federal legislation.
With warm regards,
David Wu
Member of Congress