Natural Gas Regulation: Certificate of Public Convenience and Necessity Administrative Law: Freedom of Information Act

摘要

Millennium Pipeline applied for and received a certificate of public convenience and necessity to construct a compressor station as part of its pipeline system. There was substantial public interest in the FERC proceedings based on opposition by a number of residents. FERC prepared an environmental assessment prior to issuing the certificate. Plaintiffs file a Freedom of Information Act (FOIA) request, 5 U.S.C. § 552, for various documents that are not part of the voluminous public record including email and correspondence between FERC staff and between FERC staff and Millennium. As to Mr. Odland's requests, FERC did produce a number of documents but specifically withheld some 575 documents based on FOIA exceptions. As to Mr. Mojica's requests, FERC again did produce a number of documents, redacted portions of those documents and likewise refused to release a large number of documents. FOIA imposes a duty upon federal agencies to release government records unless they fall within nine listed exceptions. 5 U.S.C. § 552(b). Plaintiffs bear the burden of proof to show that FERC improperly withheld agency records. The agency is afforded a presumption of good faith in claiming any of the listed exceptions apply. Before one can seek judicial review of the denial of a FOIA request, plaintiffs were required to administratively appeal such denial decisions. As to those documents, the court lacks jurisdiction to review the decision because of the failure to exhaust one's administrative remedies. As to certain other documents, the court finds that there was sufficient evidence to support the application of two of the listed exceptions contained in FOIA.