Examiner backs shoreline permit

NATURAL-GAS PIPELINE:
Whatcom County Council must give final approval.

John Stark
The Bellingham Herald

Whatcom County Hearing Examiner Michael Bobbink has recommended approval of a county shoreline permit for the $248 million Georgia Strait Crossing natural-gas pipeline, sending the project on to the Whatcom County Council for final approval.

But those familiar with the project say the county's regulatory process could wind up being irrelevant to the project's fate for two reasons:

• Federal courts may rule that Washington state and the county have no jurisdiction in the matter because they did not raise environmental objections within the time limit set by law.

• The natural gas-fired generating plant on Vancouver Island, which the pipeline would be built to serve, may not be built, or could be served by an existing pipeline if it is built.

The pipeline, known as GSX, is a project of Williams Pipeline Co. Steven Snarr, general counsel for Northwest Pipeline Corp., a Williams subsidiary, acknowledged that his company has no current timeline for starting or completing construction of the pipeline.

In his 20-page ruling, Bobbink said he saw no reason to believe the pipeline would have significant impacts on marine life or on the aesthetics of the Cherry Point area, where the pipeline would go under water to deliver natural gas to Vancouver Island. The pipeline is proposed to begin at Sumas and would cross 33 miles of the county between there and Cherry Point before entering the Strait of Georgia.

In making his ruling, Bobbink noted widespread citizen opposition, including 66 letters submitted by opponents. Whatcom County Planning and Development Services staff also opposed the project.

But Bobbink's opinion cites environmental reviews by state and federal agencies finding that any potential environmental impacts could be avoided with appropriate safeguards. He also said his review of the evidence indicated the project would not interfere with navigation or commercial fishing, and would not restrict future development of vacant heavy industrial land at Cherry Point.

Bobbink's opinion got poor reviews from representatives of environmental organizations.

Fred Felleman, president of Fuel Safe Washington, said he didn't think Bobbink's opinion gave enough weight to environmental concerns or to the possibility of providing gas to Vancouver Island via an existing pipeline.

But Felleman said he was encouraged that Bobbink chose not to approve the project's shoreline permit outright, ruling instead that it qualified for full County Council review under county zoning law.

Wendy Steffensen, water programs coordinator for ReSources, said she was disappointed that Bobbink chose to override the recommendations of the county planning staff. But she also expressed hope that the County Council would turn the project down.

Council Chairman Dan McShane said it was too soon to say when and how the Council will address the issue. He said the Council has three options: Refer the matter to the Planning Commission for further review, rule on the permit based on the evidence already collected by Bobbink, or schedule a new public hearing before reaching a decision.

Pipeline company counsel Snarr said his company will press ahead with the county regulatory process, even though the company believes that it already has the permission it needs from the Federal Energy Regulatory Commission. Snarr said the company wants to work out proper environmental safeguards with county and state officials, even though they contend the county no longer has the authority to block the project.

A ruling on the jurisdiction question is pending in the 10th Circuit Court of Appeals in Denver.

Reach John Stark at 715-2274 or john.stark@ bellinghamherald.com.