ITEM 8.01 OTHER EVENTS
On Friday, February 13, 2009, Washington Gas Light Company (Washington Gas)
filed a request with the Federal Energy Regulatory Commission (FERC) for an
emergency stay of the effectiveness of orders the FERC issued on October 7, 2008
and January 15, 2009 (collectively, the Orders). The Orders authorize, among
other things, a 500 percent increase over historically delivered volumes of
vaporized liquefied natural gas (LNG) to an interstate pipeline that is
connected with the distribution system of Washington Gas, a wholly owned
subsidiary of WGL Holdings, Inc. (WGL Holdings). Washington Gas had in prior
filings indicated to the FERC the harm that LNG, which has a low level of heavy
hydrocarbons (HHCs), has caused and is likely to cause to the mechanically
coupled pipelines throughout its service territory. Washington Gas also proposed
actions to mitigate that harm. The motion alternatively requests that the FERC
immediately modify the Orders to impose a condition capping the volumetric
amount of vaporized LNG to be delivered to the relevant pipeline interconnection
that serves Washington Gas's distribution system to historically delivered
levels to avoid such harm. Washington Gas requested that the FERC act on an
expedited basis by issuing a stay of the Orders or modifying the Orders on or
before March 13, 2009. If the FERC fails to act by that date, Washington Gas
will seek relief in the U.S. Court of Appeals. On February 18, 2009, the FERC
ordered that answers to Washington Gas's petition be filed by February 23, 2009
consistent with Washington Gas's proposed timeline. Additional details regarding
this issue and the Orders are described in the recently filed Form 10-Q
quarterly report by WGL Holdings and Washington Gas and the annual report on
Form 10-K.
Absent immediate FERC action, Washington Gas expects that beginning in April,
2009, significantly increased volumes of vaporized LNG will begin to flow to the
relevant interconnection that serves Washington Gas's distribution system. Such
an increase in the receipt of vaporized LNG is likely to result in a
significantly greater number of leaks in Washington Gas's distribution system.
Washington Gas is attempting to mitigate the risk of any such increase in leaks
through: (i) additional pipeline replacement programs; (ii) continuing to inject
hexane into the gas stream at critical gate stations that will receive high
concentrations of vaporized LNG and completing the construction of an additional
hexane injection facility; (iii) isolating or separating its interstate pipeline
receipt points, where possible, from pipelines that transport Cove Point gas and
(iv) continued efforts before the FERC to condition incremental increases in
deliveries from the Cove Point terminal on the appropriate resolution of safety
concerns consistent with the public interest.
Washington Gas is committed to maintaining the safety of its distribution
system for its customers and will continue to oppose the authorization of the
Cove Point expansion until a long-term solution is determined that can address
the safety issues associated with the expanded flows of vaporized LNG from the
Cove Point terminal into the interstate pipeline system that also serves
Washington Gas.