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NE Hub Partners v. CNG Transmission Corp.

District Court erred in rejecting, as not ripe, plaintiff's action for judgment declaring state proceedings preempted to the extent they involve the issues already considered by the FERC prior to its issuance of a certificate of public convenience and necessity for plaintiff's natural gas storage facility.

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Argued October 6, 2000

OPINION OF THE COURT

After detailed examination of numerous technical, safety, and environmental issues, the Federal Ener gy Regulatory Commission (“FERC”) issued a certificate of public convenience and necessity for plaintiff-appellant NE Hub Partners, L.P.’s (“NE Hub”) natural gas storage facility (the “Facility”) in Tioga County, Pennsylvania. The Commonwealth of Pennsylvania may seek to revisit those issues in consolidated administrative appeals in its own permitting process in a costly pr oceeding that will delay NE Hub’s construction of the Facility. Consequently, NE Hub brought a district court action seeking an injunction against the state appellate proceedings in an attempt to bar aspects of them on federal preemption gr ounds. The district court, however, rejected the claim without reaching its merits, principally on the jurisdictional gr ound that it was not ripe for decision before the state pr ocess concluded. See NE Hub Partners, L.P., No. 1: CA-99-0082 (M.D. Pa. Apr. 7, 2000) (“NE Hub”). We disagr ee with the district court on the ripeness issue and accordingly will reverse its order dismissing the action and will remand the case for further proceedings.

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