Pilots accuse NFE of withholding required data as dispute over LNG vessel intensifies
By THE STAR STAFF
A simmering dispute between New Fortress Energy (NFE) and the San Juan Bay Pilots escalated this week as both sides filed sharply worded motions in federal court, revealing deep disagreements over tug requirements, berth dimensions, and the information needed to safely maneuver the liquefied natural gas (LNG) carrier Amur River into San Juan Harbor.
The clash comes as the Amur River, a 145‑foot‑beam LNG tanker, remains offshore awaiting authorization to berth at NFE’s terminal. The delay has forced the San Juan power plant to burn diesel instead of natural gas, raising generation costs for Puerto Rico ratepayers.
In their filing, the pilots argue that NFE failed to comply with the court’s directive to fully answer three issues before the maneuver occurs. They say NFE’s latest submission “does not respond” to the court’s question about whether the Amur River exceeds the 141.1‑foot design beam in NFE’s own Army Corps permit application, nor does it provide the required “show cause” explanation for failing to disclose a revised public notice during a prior hearing.
The pilots note that the vessel’s beam is 44.24 meters, larger than the 43.40‑meter beam listed for comparable LNG vessels in the Coast Guard’s Letter of Recommendation (LOR).
They also accuse NFE of providing incomplete or unverifiable technical data. In one example, NFE supplied a berthing‑energy figure expressed as a percentage of the fender system’s capacity -- but did not disclose the system’s actual capacity, making the number impossible to validate.
The pilots say they asked for clarifications within minutes of receiving NFE’s email, but that the company dismissed their questions as “engineering review” beyond what pilots require. The pilots counter that they are simply asking for operational limits -- such as maximum safe approach speed -- that any pilot needs to safely bring a vessel alongside.
The most contentious issue remains standby tugs, which the pilots insist are required whenever an LNG vessel is moored at NFE’s terminal and other ships transit nearby.
The pilots argue that the Coast Guard’s LOR explicitly makes tug requirements a presumption of safe operation, stating that vessels “will transit with the quantity and capacity of tug and other assist equipment deemed necessary by the San Juan Bay Pilots.”
They further note that operational parameters -- including tug number and capacity -- cannot be changed “unless [the Captain of the Port] explicitly concurs in writing.” They say NFE stopped funding standby tugs in February 2026 without any such concurrence.
NFE rejects the pilots’ position, arguing that the standby‑tug requirement was previously imposed through temporary Captain of the Port Orders that were later rescinded. The company says the pilots are attempting to impose “unilateral fiat” and convert a disputed safety measure into a permanent operational condition.
NFE also insists that the question of who pays for standby tugs is irrelevant to the safety of the Amur River’s entry and should not be litigated in this emergency proceeding.
Another flashpoint is whether the Amur River fits within the berth pocket.
NFE told the court that the LNG berth pocket authorized by the Army Corps is 150 feet wide, citing a 2017 Corps image plate.
But the pilots say the image plate actually shows two figures: an existing berth of 100 feet and a future berth of 150 feet, with notes stating that final limits were “to be determined during [the] PED [pre-construction engineering and design] phase.” They argue that NFE is relying on an unbuilt future design rather than the current berth dimensions.
The pilots add that the court ordered NFE to produce engineering documents establishing the berth width nearly a year ago, and that NFE’s counsel told the court: “It can be provided, Your Honor. … We will produce it.” Those documents have not been filed.
NFE counters that the pilots are improperly treating a pending permit application -- still in public‑comment stage -- as evidence that the vessel cannot safely berth today.
Tug compliance: NFE says all 4 tugs meet requirements
NFE identified four tugs -- Ava M. McAllister, Maxwell Paul Moran, Audrey McAllister and Hayley Moran -- and provided bollard‑pull certificates showing each exceeds 70 metric tons, the threshold in the court’s interim measures.
NFE told the court that “the parties representing” the tugs comply with Paragraph 3 of the stipulation.
The pilots dispute this, saying they never joined that representation. They argue that the class certificates provided are outdated or incomplete, noting that several lack current annual survey endorsements. They do not claim the tugs are out of class -- only that NFE has not provided documents proving current class status.
NFE says the parties had nearly reached agreement over the weekend, resolving issues related to Coast Guard awareness and wind restrictions. The company claims the pilots then “moved the goalposts” by demanding additional engineering analyses after the standby‑tug issue became the sole remaining dispute.
The pilots say the opposite: that NFE has not complied with the court’s orders and is attempting to sidestep safety requirements embedded in federal documents.
The pilots ask the court to order NFE to answer the unresolved beam‑dimension question, require NFE to produce any Coast Guard concurrence allowing changes to tug requirements, and compel NFE to complete its technical disclosures.
NFE asks the court to recognize its compliance, affirm tug suitability, and decline to rule on standby‑tug costs.
With the Amur River still offshore and Puerto Rico’s power system burning costly diesel, the court’s next decision will determine whether the LNG tanker can finally enter the harbor, or whether the standoff continues.
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