Iroquois Pipeline Expansion by Compression (ExC) Project

On March 26, 2024, Ian Goodman and Brigid Rowan of The Goodman Group, Ltd. (TGG) provided Expert Comments to assist New York Lawyers for the Public Interest (NYPLI) in their April 29, 2024 comments to NYS Department Environmental Conservation (DEC) regarding the NYS Department of Public Service (DPS) Letter concerning the DEC Review of the Iroquois Enhancement by Compression Project (ExC Project).

According to the DEC’s Environmental Notice Bulletin of 02/28/24:

On February 26, 2024, NYS DPS provided its assessment that the ExC Project is necessary to ensure Con Edison’s and National Grid’s continued provision of safe, adequate, and reliable gas service to customers in the downstate region of New York State.

Following the DPS assessment, DEC has allowed a period for public comments:

…to provide feedback on NYS DPS’ finding that the ExC Project is necessary, and, therefore, justified under Section 7(2) of the Climate Act, should the NYS DEC find that the ExC Project is inconsistent with the attainment of the statewide greenhouse gas emission limits.

TGG’s Expert Comments address DPS’ finding that ExC is necessary, and, therefore justified under the Climate Leadership and Community Protection Act (the Climate Act).  Our key findings were as follows:

1. DEC must ensure the successful implementation of the Climate Act. Approval and implementation of ExC are inconsistent with the attainment of statewide greenhouse gas emissions limits set out by the Climate Act.
2. The DPS Letter does not justify that ExC is necessary in NYS’ current context, which requires a rapid reduction in greenhouse gas emissions.
3. DPS fails to justify that ExC is necessary for the following reasons:
   1. DPS’s business-as-usual approach to supply planning is no longer fit for purpose and will not support a transition from natural gas
   2. DPS relies on flawed, disputed and outdated Design Day Demand and Design Day Supply projections
   3. DPS does not adequately consider alternative approaches to gas supply planning (including management of tight gas supply) in a manner consistent with the Climate Act
   4. DPS fails to consider the competing risks and benefits for ExC.

Update February 7, 2025: NYS DEC issued permits to expand compressor stations at Athens and Dover, allowing Iroquois to proceed with construction in New York State. The permits were issued based on the DPS argument that ExC is needed to ensure reliability need despite inconsistency with the Climate Act and GHG targets. The TGG Expert Comments have concluded that this need has not been adequately justified by DPS. ExC’s regulatory challenges are not eliminated: the Project has not yet received required permits for facilities in Connecticut.