Rosenberg now heads to Washington with pipeline testimony under his arm, where he will meet with FERC and Congressional leaders.
On the eve of his trip to Washington to meet with the Federal Energy Regulatory Commission on the matter of an interstate pipeline proposal, Massachusetts Senate President Stanley Rosenberg said the more he digs into energy issues, the more he sees a "disconnect" between lawmakers who push clean energy policies and regulators who are bound by outdated statutes.
"The policy makers, in both the executive and legislative branches, are driving us toward a green energy future," said Rosenberg in a Tuesday conference call with reporters. "We have to figure out how to bridge that gap -- between the policy direction for the future, and the regulatory scheme which is rooted in the past."
Rosenberg's primary purpose in meeting with energy commissioners on Wednesday is to hand-deliver testimony from his Western Massachusetts constituents on Northeast Energy Direct, a proposed Kinder Morgan natural gas pipeline which would slice through the senator's district. Rosenberg held a Franklin County public hearing on the pipeline on Sept. 10 where more than 70 people testified, most to express opposition. Another 50 submitted testimony online, he said.
Rosenberg held the hearing after FERC initially declined to slow down its "scoping process" on the environmental impact of the pipeline. The federal commission later agreed to extend its comment deadline and accept the additional testimony gathered by Rosenberg.
Rosenberg told reporters during the Tuesday call that when agencies such as the regulatory commission and the state's Department of Public Utilities look at large energy infrastructure proposals, they are forced to "go through a checklist."
"They have a list of things they have to look for, based upon statutes and regulations. And if it complies, they approve ... even if it's in conflict with a policy direction we're heading in as a society."
The federal Natural Gas Act, which gives the commission jurisdiction over the permitting of interstate gas pipelines, was enacted in the 1930s, he said. At the time, he said, pipeline expansion was necessary to power the nation.
"That statute was set up because people didn't want pipelines in their backyards," said Rosenberg, "so they set up a federal statutory construct so that we had the energy to run the country."
Long-standing regulatory structures at both the state and federal level are ill-equipped to deal with today's decentralized energy production in the form of wind, solar, and hydro, Rosenberg said, adding that provisions of the Natural Gas Act could also impede the commission from evaluating the larger energy landscape when making determinations about any one pipeline proposal:
"How can you make a decision uniquely about gas, and the amount of gas we need, if you don't consider the amount of solar, wind, and hydro that might be available -- some of which might be available before the gas pipeline could be built?"
Kinder Morgan hopes to have its pipeline up and running in 2018.
Rosenberg said various energy-related regulatory regulations are outdated, and that "now we're in a situation where some of them are not appropriate to what we're trying to do."
A number of bills designed to promote clean energy are now before the state Legislature.
A measure pitched by Gov. Charlie Baker could potentially clear the way to import 1,200 megawatts of hydropower into the Bay State. Baker also proposed lifting the cap on net metering to increase solar energy development. Another bill before the House would promote offshore wind. Those bills and others were heard before the Joint Committee on Telecommunications and Energy on Tuesday.
In addition, Spectra Energy's Algonquin Incremental Market pipeline, which would cross eastern Massachusetts and serve eight local natural gas distribution companies, gained the commission's approval in March.
While in Washington, Rosenberg plans to meet with U.S. Sen. Edward Markey and other Congressional leaders, as well as with Christopher King, principal assistant secretary for congressional and intergovernmental affairs with the Department of Energy.
Rosenberg said he will also attend a legislative leadership conference with President Obama and senior White House officials, and has requested a meeting with the White House energy policy team.
As for his back-to-back afternoon meetings with Commissioner Cheryl LaFleur and FERC Chairman Norman C. Bay, Rosenberg said he would bring "three thick binders" of local testimony on the proposed Kinder Morgan pipeline, and try to gather as much information as possible on how the commission plans to make its decision about the Northeast Energy Direct project.
Kinder Morgan has not yet formally applied for a Certificate of Public Convenience and Necessity for the line. Under the 1938 Natural Gas Act, FERC has the power to preempt state and local law in the permitting of interstate natural gas pipelines.
Rosenberg reiterated that he holds no position on the pipeline, but wishes to ensure that the commission conducts a deliberative process.
"Like most people in Western Mass., I don't want our green fields to be crossed by a pipeline if we can avoid it," said Rosenberg, adding that he supports "reliable, affordable energy" that is "as green as possible."
______________________________________________________
Mary Serreze can be reached at mserreze@gmail.com.