Here is the link to the "details:" Seggos on LPG
Notwithstanding the recommendations of the rulings or the replies of Department staff and applicant to the appeals, my review of the record indicates that petitioners Gas Free Seneca,Seneca Lake Pure Waters Association and Seneca Lake Communities have made compelling arguments concerning cavern integrity and, in particular, potential gas or other leakage that would lead me to reject the conclusion that no adjudicable issues exist.
Even if that were not the case, Applicant’s May 2018 letter, as well as the Gas Free Seneca response thereto, provides a sufficient basis to identify cavern integrity as an adjudicable issue.
As noted, applicant advised that U.S. Salt (which is a separate entity from Finger Lakes LPG) found that well 64, which U.S. Salt is presently developing, “may be in communication with either Gallery 10 (which consists of wells 18, 52 and 57) and/or other nearby wells” (Applicant’s May 2018 letter at 1). Applicant indicated that it will be submitting the results of pressure testing of Gallery 10, which will include various wells as additional monitoring points, and requests that the other participants in the proceeding have the opportunity to comment. In this instance, such a comment process is insufficient – the results and their implications, particularly as they are being provided at this late date, render the adjudication of the cavern integrity issue as the more appropriate course in this situation.
The results of the pressure testing of Gallery 10 and information from the additional monitoring points must be fully evaluated in the context of the prior analyses relating to gas migration, leakage and other aspects of cavern integrity.
Applicant’s May 2018 Letter, it is possible that other pathways for contamination flow would need to be evaluated.
A substantive and significant issue has been raised. Accordingly, the adjudication of the cavern integrity issue would not only be warranted, but demanded. Any adjudication would need to address the extent to which the findings of the investigation affect the conclusions of any of the matters relating to cavern integrity that were contained in the petitions and whether any new cavern-related integrity issues or contamination pathways have been identified.