The Commission on Jan. 7 considered a petition from Rocky Mountain Natural Gas asking for a declaratory order that a certificate of public convenience and necessity (CPCN) is not required to replace two aging compressors at Crystal River Compressor Station with a single, functionally equivalent compressor.
Lindsey Dundas summarized the ALJ recommended decision and staff exceptions. The ALJ found the replacement is ordinary course of business and thus not subject to CPCN rules. Staff filed exceptions asking the Commission to expressly affirm whether equivalent compressor replacements of this type fall within ordinary course or to pursue rulemaking given the climate and greenhouse gas implications of allowing new gas-powered devices to replace older equipment without alternatives analysis.
Commissioners said they were sympathetic to staff's environmental and policy concerns but concluded those issues are better addressed through a rulemaking rather than in this adjudicatory docket. The Commission agreed to deny staff's exceptions, uphold the ALJ decision, and add language noting the Commission's concerns and potential future rulemaking.