FEDERAL ENERGY
REGULATORY
COMMISSION
NATURAL GAS REVIEW
PROCESS
FERC STAFF - OCT. 2015
FERC Staff Presentations
• FERC’s Rules and Regulations and
FERC’s Orders for a Jurisdictional
Project(s) Are the Only Definitive
Information and Rulings to Rely Upon
• The information in this presentation is
FERC Staff’s understanding and views
of the FERC’s existing process, actions
and findings.
2
• Introduction to the Natural Gas
Review Process
• The FERC Process
– Section 2.55: Auxiliary Installations and
Replacements
– Section 157, Subpart F: Blanket
Certificate Projects
– Section 7: New Construction and
Abandonment Projects
– Section 3: Import and Export Facilities
What Does FERC Regulate?
• Natural Gas Industry
– Interstate transportation rates and terms &
conditions of services
– Interstate Pipeline and Storage Facilities
– Liquefied Natural Gas (LNG) Import/Export
terminal construction
– Import/Export Points
– Oversee related environmental review and
compliance
4
Activities/Projects Exempt from
FERC Jurisdiction
• Local Distribution Company facilities (e.g.,
retailers, utilities.)
• Intrastate pipelines (where gas is produced,
transported and consumed within a single
state)
• Gathering facilities
• Producers
INTRODUCTION TO THE GAS
CERTIFICATE REVIEW PROCESS
Gas Pipeline/Facilities Review Process
• Evaluate applications for facilities to import, export,
transport, store or exchange natural gas
• Authorize the construction and operation of facilities for such
services
• Approve abandonment of such facilities
• Approve initial rates for new services
• Conduct environmental reviews of proposals involving
construction, modification, or abandonment
• Implement the “Pre-Filing Process”
• Conduct inspections of LNG facilities and pipeline
construction
• Service area determinations for LDC’s And jurisdiction
determinations for gathering companies
FERC Staff Roles & Responsibilities
– Overall project management for FERC Process
– Coordinates with all FERC offices (rates,
accounting, legal)
– Pipeline simulation modeling
– Reservoir engineering review
– Manage the Blanket Certificate Process
– Manage the NEPA process for natural gas facilities
– Make recommendations to the Commission to
avoid, minimize and mitigate impacts
– Monitor compliance during construction
Major Interstate Pipelines
9
Source: Based on data from Ventyx Global Energy Decisions, Inc., Velocity Suite, April 2012
Underground Storage
• Important component of any large gas
buyers’ (LDC – end user) portfolio.
• Won’t significantly change overall
annual balances.
• Will get you through high demand days
or when production is not available or
both, plus balance the system.
10
Underground Storage Capacity
& Types
Source: U.S. Energy Information Administration, Form EIA-191, Monthly Underground Natural Gas Storage
Report
Note: Maximum working gas represents highest demonstrated levels of storage across all facilities.
11
Existing North American LNG
Import or Export Terminals
US Jurisdiction
As of February 21, 2014
FERC
MARAD/USCG
Regulatory Paths
NATURAL GAS ACT
Section 3
Import/Export
Section 7(c)
Interstate
Case
Specific
Blanket
Authority
Automatic
Prior
Notice
Case
Specific
18 CFR Section 2.55
AUXILIARY INSTALLATIONS AND
REPLACEMENTS
Section 2.55 Overview
• Auxiliary installations and replacements
– On existing Certificated systems
– Subject to the FERC’s NGA jurisdiction
– No new Certificate authority required
 No federal action, NEPA not required
 FERC staff reviews advanced notifications/annual reports
 May conduct compliance inspections
– Within Certificated rights-of-way and previously approved workspaces
– Must comply with all environmental restrictions of the original
Certificate (e.g. Plan and Procedures).
– Landowner notifications are expected by FERC (NOPR RM12-11-000)
Must still comply with other applicable Federal and state laws,
and obtain landowner agreements, as applicable
Typical Auxiliary Installations
• Valves and drips
• Pig launchers/
receivers
• Yard and station
piping
• Buildings
• Gas cleaning,
cooling, and
dehydration
equipment
• Water pumping,
treatment, and
cooling equipment
• Electrical and
communication
systems
• Residual refining
equipment
• Cathodic protection
equipment
18 CFR Section 157 Subpart F
THE BLANKET CERTIFICATE
PROCESS
Natural Gas Act
• Blanket Certificate
• Automatic Authorization
• Cost of facilities is less than $ 11.4 million
• Facilities are “eligible” facilities
• 45-day landowner notification / waived
• Prior Notice
• Cost is between $ 11.4 and $ 32.4 million
• 60-day notice period prior to construction
• Facilities are “eligible” facilities
18
Section 7 – New Construction and
Abandonment of Facilities
THE FERC PROCESS
Section 7 Certificates
• Case Specific Section 7(c) Certificate
– Conduct a full review of proposal
including engineering, rate, accounting,
and market analysis
– Conduct an environmental review by
preparing an Environmental Assessment
or an Environmental Impact Statement
Project Evaluation
How Does FERC evaluate all
of these major projects ?
What criteria are used in
this evaluation ?
21
Prior policy problems
Evidence to find for a Certificate of
Public Convenience and Necessity
• The reliance on percentage of
capacity under long-term contracts to
show demand; became mostly
contracts with marketing affiliates.
• The pricing of new facilities; cost
burden to existing customers.
22
PL99-3-000 Certificate
Policy
• New Certificate Policy Statement
issued on September 15, 1999.
• Clarification of Certificate Policy
Statement issued on February 9,
2000.
• Clarification issued on July 26, 2000.
• Policy applied to facts of each case.
23
PL99-3-000 Certificate Policy
(cont’d)
Goals
• Foster Competition
• Consider Captive Customers
• Avoid Unnecessary Physical
Impacts
• Achieve Optimal Amount of
Facilities
• Encourage Complete Record
• Expedite Review Time
24
PL99-3-000 Certificate
Policy (cont’d)
• Apply Threshold Cost Test
– Subsidization = Incremental Rates
– No Subsidization = Rolled-in
Treatment
– System improvements for existing
customers = Rolled-in Treatment
25
PL99-3-000 Certificate Policy
(cont’d)
• Develop Record
– Adverse Impacts on
• Existing Customers and Pipelines
• Landowners
• Communities
– Specific Benefits
– Need and Market
– Condemnation Impact
– Initial Rate Derivation and Tariff Sheets
26
Section 7 Applications
• Section 7 applications are filed for the
construction, operation and services of
interstate pipelines
• Pipelines seek initial rates in section 7
applications for new facilities
• Commission preference for
incremental rates (instead of rolled-in
rates)
• Commission issues a Certificate of
Public Convenience and Necessity
Section 7 Applications (Cont’d)
• Initial rates are not made subject to refund
• Less-rigorous scrutiny of rates under section 7
(public convenience and necessity standard)
than section 4 (just and reasonable standard);
but apply similar ratemaking principles
• Section 7 procedures “act to hold the line
awaiting adjudication of a just and reasonable
rate.” (U.S. Supreme Court in 1959 CATCO
case)
• Three-year rate review certificate condition
Negotiated Rate Issues
• Traditionally, Commission developed costbased just and reasonable rates (cost of
service ratemaking)
• Commission also allows market-based
rates (value of service pricing) with
showing of lack of significant market
power
• In 1996 policy, Commission allowed an
alternative ratemaking concept, i.e.,
negotiated rates
Section 3 – Construction of Import and
Export Facilities
THE FERC PROCESS – Facilities
DOE Process - Commodity
Imports / Exports
• Any entity that proposes to site,
construct and operate or modify
facilities used to import or export gas
must file an application pursuant to
Section 3 of the NGA and file for the
issuance of a Presidential Permit.
• In order to grant a Presidential Permit
for international border crossing
facilities, the Commission must
"consult" with the Secretaries of State
and Defense prior to its issuance.
31
Imports / Exports
• The owner of the gas must apply to
the Office of Fossil Energy,
Department of Energy (DOE/FE) for
Section 3 authority as well to import
or export.
• Jurisdictional pipelines that filed for
Section 3 authorization to site,
construct, and operate border
facilities most likely will not be the
same party that applies for Section 3
authority from DOE/FE.
32
Hackberry Decision
(December 2002)
Liquid to Vapor Flow
USA
LNG
Buyers
B
B
Open Access At Delivery of Vapor
into Interstate Pipeline System
A
LNG
Suppliers
A
Open Market or Proprietary At
Delivery of Liquid to Terminal
33
Exporting LNG
• DOE – Policy decision to export gas
– Free Trade Nations / non-Free Trade
Nations
– How much allow / really sold / price impact
– World energy future (politics & economics)
• FERC – New or modified facilities
• Re-export imported LNG (brief trend)
• Newest process, FERC completes NEPA,
then DOE rules on non-Free Trade Nations.
34
Dual Paths of Review –
Sec. 3 or Sec. 7
Application Filed
Non-Environmental Review
Environmental Review
Draft Order Prepared
Commission Action
35
Sec. 7 Certificate Process Overview
Non-Environmental Review and Analysis
• Engineering – GQI, storage, hydraulic flow
• Tariff – rates, terms & conditions of service
• Policy – precedents, rules, regulations
• Accounting
Application
Filed
Parallel Processing
Paths
Parallel Processing Paths
Order
Issued
Environmental Review and Analysis
• Biological – fish, wildlife, vegetation
• Cultural – historic preservation
• Land use – recreation, aesthetics
• Soils and geologic
• Air and noise – quality, loudness
• Socioeconomic impacts
• System alternatives
36
Two Parallel Processes
NGA
Certificate
Process
DPC
Announce
Open
NEPA
Season
Environmental
Review
DG2E
Prefilling
Meetings
Prefilling
Process
Outreach
37
Issue
Order
Building the Record
Compliance
FERC & NEPA
• The National Environmental Policy Act of 1969
– Federal agencies must consider the effects
of their actions on the human environment
• EPAct 2005 – amended the Natural Gas Act
– FERC is always the lead agency for NEPA
– FERC coordinates all other federal
authorizations, sets the schedule
CEQ regulations for implementing NEPA - 40 CFR 1500-1508
FERC’s regulations implementing NEPA - 18 CFR 380
NEPA Review
Categorical
Exclusion
Environmental
Assessment
Environmental
Impact Statement
Actions that will
not individually
or cumulatively
have a significant
effect on human
environment
Projects that do
not pose a
significant effect
on human
environment
Complex projects
Projects where
significance of
effect on human
environment is
unknown
Projects with
significant effects
on human
environment
Routine activities
18 CFR §380
Common Environmental Issues
• Wetlands and Waterbodies
• Agricultural and Residential Areas
• Archeological and Historical Resources
• Endangered Species
• Landowner Concerns
• Safety and Response
• Noise and Air Impacts
40
YOU ARE
HERE
PROCESS PREPARATION
Project Concept (Applicant)
• Determine project purpose and need
• Conduct “open season” to determine
market interest
• Identify a base project
– Pipeline alignment
– Aboveground facility locations
– Interconnects
Project Planning (Applicant)
• Begin public outreach efforts
• Identify and contact agencies
– Potential resource issues
– Applicable permits
• Develop project execution plans and
schedules (e.g., plan field surveys)
Pre-Filing Process
• Begin project review/outreach prior to Application
• Pre-Filing is required for
– All LNG terminals
– Projects proposing an Applicant-Prepared Draft
EA
– “Strongly recommended” for certain natural gas
facility projects
Refer to FERC’s new guidance document “Guidelines
for Applicant-Prepared Draft Environmental Assessments”
Objectives of Pre-Filing Process
• More interactive NEPA/
permitting process
– No shortcuts
• Earlier, more direct
interaction between
–
–
–
–
FERC
Other agencies
Landowners
Applicant
• Be more proactive and
explore options for
outreach
• Procedures are
• Identify/resolve problems
designed to encourage
and have “no surprises”
cooperation with
federal, state, tribal,
• Transparency in the Preand local authorities
Filing review process
FERC staff are an advocate for the process, not the project
Pre-Filing vs. Traditional Filing
Pre-Filing
Traditional
• Must initiate process at
• No time restrictions on
least 6 months prior to
submitting 7(c)
filing a 7(c) Application
Application
• Provides opportunity for
identification of
• FERC Review starts after
stakeholders concerns
application is received;
early in the process
less opportunity for
• Minimize post-Application
data requests
outreach
• Typically results in fewer
“surprises”
Ex-parte rules governing off-the-record
communications do not apply during Pre-Filing
(Pre) Pre-Filing Meeting (Applicant)
• Introduce project to FERC
• Discuss environmental and nonenvironmental requirements
• Discuss status of ongoing activities (e.g.,
public outreach)
• Determine regulatory path and NEPA
document options
• Submit drafts
– Pre-Filing Request Letter
– RFP for third-party contractors to prepare NEPA
document
Federal Agency Coordination
• FERC's NEPA review must demonstrate
compliance with other Federal laws
• Assistance with required consultations
may be delegated to the Applicant
Some agencies and tribal groups may request
government-to- government consultations
APPLICANT PROCESS
FERC PROCESS
Assess market need and consider project feasibility
Request use of FERC’s Pre-Filing Process
Receive Applicant’s request to conduct its review of
the project using FERC’s NEPA Pre-Filing Process
Study potential site locations
Public Input
Opportunities
Identify Stakeholders
Formally approve Pre-Filing Process and issue
PF Docket No. to Applicant
Hold open house(s) in project area to discuss project
Participate in Applicant’s open house(s)
Issue Notice of Intent for Preparation of an EIS,
opening the scoping period to seek public comments
Conduct route studies and field surveys; Develop
Application
File formal Application with the FERC
Hold public scoping meeting(s) and site visit(s) in
project area; Consult with interested stakeholders
Issue Notice of Application
Analyze data and prepare Draft EIS
Issue Draft EIS and open comment period
Public Input
Opportunities
Hold public comment meeting(s) on Draft EIS
in project area
Respond to comments and revise Draft EIS
Issue Final EIS
Commission Issues Order
Public Input
Opportunities
Parties can request FERC to rehear decision
Submit outstanding information to satisfy conditions
of the Commission’s Order
Issue Notice to Proceed with construction
EIS Pre-Filing Environmental Review Process
Pre-Filing Request
• Acknowledgment that a
complete Application
and Environmental
Report will be provided
• Public outreach plan
description
• Letter of Intent and
Preliminary WSA
certification (LNG)
• DOE authorization (LNG)
YOU ARE
HERE
PRE-FILING
PROCESS
18 CFR §157.21
Pre-Filing Approval Letter
• PF docket number
assigned
• Issuance of docket
number opens the
public record
• Third-party NEPA
document
consultant
selected when
needed
Public Record - Availability
• Project-related submittals,
reports, comments, and
communications are posted
to eLibrary
• Ex-parte rules governing offthe-record communications
do not apply during Pre-Filing
• Record will include materials
for all associated docket
numbers (i.e., CP docket
number)
• Basis for Commission
decisions
FERC Online
eComment
eRegister
eFiling
eSubscription
eService
eLibrary
www.ferc.gov/docs-filing/elibrary.asp
Mailing Lists
• Mailing address information provided for:
– Landowners (§157.6(d)(2)), other interested stakeholders,
agencies, elected officials, tribes, non-governmental
organizations, libraries, newspapers and other local media
outlets
• Mailing lists provided to FERC staff in specified
Excel format and landowners info can be non-public
Open Houses
• Open to the public
• Sponsored and hosted by Applicant
• Informal setting
• FERC or the third-party NEPA document contractor
will attend
• General discussions are not part of the public record
• FERC site review
Number and locations of open houses are project specific
Notice of Intent
• NOI is start of NEPA
process
• Indicates type of
NEPA document to
be prepared
• Issuance of NOI
starts scoping
period
• Announces close of
scoping period
Scoping Meetings
• Includes public scoping meetings and
interagency coordination meetings
• Sponsored and hosted by FERC
• More formal setting
• Included as part of public record
– Public scoping meeting transcripts
– Interagency meeting notes
Company may be asked to arrive an hour before start of scoping meeting
For illustration purposes only. Examples can be found on eLibrary.
Proposed route, Alternate route, Specific locational
issues, Specific studies needed, Explanation of process
Interagency Coordination Meetings
• Applicant provides a project status
update
• FERC identifies agency roles and
responsibilities for NEPA review
• Agencies identify issues and concerns
Agency Roles and Responsibilities
FERC
Other Federal Agencies
• Be the lead Federal agency
responsible for complying
with NEPA
• Establish and maintain
schedule for Federal
authorizations
• Coordinate all Federal
authorizations and agency
comments
• Compile agency actions
and decisions into a
consolidated record
• Participate in Pre-Filing
process as specified in
– Interagency MOU
(2002)
– EPAct (2005)
Resource Reports
1
2
3
4
5
6
7
• General Project Description
• Water Use and Quality
• Fish, Wildlife, and Vegetation
• Cultural Resources
• Socioeconomics
• Geological Resources
• Soils
Resource Reports
8
9
10
11
12
13
• Land Use, Recreation, and Aesthetics
• Air and Noise Quality
• Alternatives
• Reliability and Safety
• PCB Contamination
• Engineering and Design Material (LNG)
Refer to FERC’s guidance document “Guidance Manual for
Environmental Report Preparation”
Resource Report Requirements
• Existing conditions
• Direct and indirect
impacts
– Construction
– Operation
– Abandonment
– Cumulative
• Proposed mitigation
measures
– Applicant-committed
– Agencyrecommended
• Applicable agency
correspondence
• Reference list
18 CFR §380.12(c)
FERC may require a revised set of draft resource reports if the first
drafts are not complete which can have significant schedule impacts
RR 1: General Project Description
Description of
Proposed Facilities
(Public)
Purpose and Need
(Public)
Construction and
Restoration Methods
(Public)
Non-jurisdictional
Facilities
(Public)
Topo Maps, Alignment
Sheets, Plot Plans
(Public/CEII)
18 CFR §380.12(c)
RR 1: General Project Description
Land Requirements
(Public)
Schedule
(Public)
Affected
Landowners – 18
Future Expansion or
Abandonment Plans
(Public)
CFR §157.6(d)(2)
(Privileged)
Required Permits
and Authorizations
(Public)
18 CFR §380.12(c)
RR 2: Water Use and Quality
Groundwater
• Aquifers
• Wellhead
protection
areas
• Springs
• Public and
private wells
Surface Waters
• Waterbodies
• Canals
• Public watersheds
• Reservoirs
• Modifications to
FERC Procedures
18 CFR §380.12(d)
Wetlands
• Federal
jurisdiction
• State
jurisdiction
• Modifications
to FERC
Procedures
RR 3: Fish, Wildlife, and Vegetation
Fish
Wildlife
• Designated
fisheries
• EFH and other
significant
habitats
• Special-status
species
• Habitat types
• Designated
critical habitat
• Wildlife
refuges, areas,
and preserves
• Special-status
species
18 CFR §380.12(e)
Vegetation
• Cover types
• Sensitive
community
types
• Special-status
species
Photo credits: U.S. Fish and Wildlife Service
• Area of
potential
effects
• Survey
protocols and
requirements
• Ethnography
Reports and Plans
• SHPO
• THPO
• Indian Tribes
• Land
management
agencies
Investigations
Consultations
RR 4: Cultural Resources
• Overview/
Survey Report
• Treatment Plan
• Unanticipated
Discoveries
Plan
Refer to FERC’s guidance document “Guidance for Reporting on
Cultural Resources Investigations”, 18 CFR §380.12(f), and 36 CFR §800
RR 5: Socioeconomics
Population
and Housing
Disadvantaged
and Minority
Communities
Each
County
Crossed
Employment
and Revenue
Infrastructure
and
Transportation
18 CFR §380.12(g)
RR 6: Geological Resources
• Geomorphologic and Geologic Conditions
- Regional and Site (Project) Specific Conditions
• Mineral Resources
- By Milepost that are Currently or Potentially Exploitable
• Paleontological Resources
• Blasting
• Investigations for Underground Storage Facilities
(Salt Caverns, Depleted Reservoirs, Aquifers)
• Geotechnical Investigations
- Hazardous Conditions
- LNG or HDDs
18 CFR §380.12(h)
RR 7: Soils
• Location
• Characteristics &
limitations
• Rare or unique
soils, including
prime farmland
Soils
• Describe
proposed
mitigation
• Compare to FERC
Plan (identify
differences)
• Justify
modifications
• Erosion and
sediment control
measures
• Seeding mixes and
dates
• Application rates
• Invasive species
Construction/
Restoration
Methods
Agency
Consultations
18 CFR §380.12(i)
RR 8: Land Use, Recreation, and Aesthetics
• Agricultural/ specialty
crops
• Residential
• Industrial
• Forest
• Open
• Planned developments
•
•
•
•
Parks
Campgrounds
Monuments
Trails
• Scenic drives
• Scenic rivers
• Coastal zone
• Conservation/
management areas
• Hazardous waste sites
• Native American religious
sites and traditional
cultural properties
• Golf courses
• Other special interest areas
(e.g., wild and scenic rivers;
federal, state, local lands)
• Visual resource
management areas
18 CFR §380.12(j)
RR 9: Air and Noise Quality
Air Quality
• Climate
• Federal Regulations
• Non-attainment areas
• Federal Class I areas
• Greenhouse gas emissions
• Air quality impact modeling
Environmental Noise and Vibration
• Regulations – 55 dBA Ldn
• Noise-sensitive areas
• Noise surveys and modeling
18 CFR §380.12(k)
System
Alternatives
• Major route
alternatives
• Route variations or
deviations
• Landowner and
stakeholder requests
• Alternative new pipeline
system
• Existing pipeline system(s)
• Alternative configurations
• Additional compression
• Existing system
interconnections
Site
Alternative
No-Action
Alternative
• Consequences
• Environmental impacts
avoided
• Energy alternatives
• Energy conservation
Route
Alternatives
RR 10: Alternatives
• Major aboveground
facility sites
18 CFR §380.12(l)
RR 11: Reliability and Safety
Facility Failure
Pipelines & LNG Facilities
•
•
•
•
•
•
Design and Operation
Public Safety
Environmental Hazards
Service Interruptions
Contingency Plan
Emergency Response Plan
RR 12: PCB Contamination
• Replacement, abandonment
by removal, or abandonment
in place of pipeline facilities
determined to have PCBs in
excess of 50 ppm in pipeline
liquids
• Provide statement of
compliance with
– EPA disposal permit
– Requirements of Toxic
Substances Control Act
• Status of remediation efforts
at compressor station sites
located on PCBcontaminated soils
18 CFR §380.12(n)
RR 13: LNG Engineering and Design
LNG Facilities
•
•
•
•
•
DETAILED Design and Operation
Public Safety
Special Fire & Vapor Hazards
Contingency Plan
Emergency Response Plan
FERC Comments during Pre-filing
• FERC will issue comments on draft RRs
• FERC may require written response
and/or
• May require comments to be
incorporated into next round of RRs
YOU ARE
HERE
7(C) APPLICATION
EXHIBIT F-I
18 CFR §157, Subpart A
Ex Parte Rules
• Once application is filed, communication must
be:
– in a public manner (no private meetings or calls)
– “on the record” (part of decisional file / equal
opportunity)
• Assures fairness and transparency in the
development of the record that FERC will use
for its decision
• Certain exceptions, but they need to be
disclosed
• Procedural matters are not ex parte
Other Federal Authorizations
• Applicant will
– Submit requests for other Federal
authorizations before or concurrent with
FERC Application
Authorization needed and issuing agency
Submittal date and anticipated approval
date
Justification for requests not yet submitted
and anticipated submittal date
Notice of Application
• CP docket number
assigned
• Announces
submittal of
Application
• Describes process
for becoming
involved in
the FERC’s review of
the project
Landowner Notification Letter
• Docket number
• Certificate process pamphlet
• Company and project
information, including maps
• Company and FERC contact
information
• Landowner rights and eminent
domain information
• Locations where Application is
available
• Notice of Application
Bulk order copies of “What Do I Need To Know?” landowner brochure
are available for purchase from the U.S. Government Bookstore
http://bookstore.gpo.gov/actions/GetPublication.do?stocknumber=061-000-00967-1
Direct Mailing List
Affected
Landowners
• Crossed
• Adjacent or abutting
• Properties within 0.5
mile of a new
compressor station
• Affected by surface
disturbance within an
existing gas storage
field boundary
Other Stakeholders/
Interested Parties
• Residences within 50
feet of construction
work areas
• Jurisdictional and
permitting agencies
• Local and state
officials
• As identified by
FERC staff
Other Federal Authorizations
• Federal permitting agencies will
– Notify FERC within 30 days of receipt of
applications and completeness
– File data requests within 10 business
days (provide copy to FERC)
Scheduling Notice
• Identifies schedule
for
– Issuance of Notice
of Availability of
Final EIS
– 90-day Federal
Agency Action/
Decision target
date
YOU ARE
HERE
NEPA REVIEW
18 CFR §380
Draft EIS
• FERC’s third-party contractor begins work prior to
the Application being submitted
• Contains recommendations from FERC staff to the
Commission
• FERC estimates at least 4 months from CP
docketing to issuance of Draft EIS
• EPA will issue Notice of Availability in Federal
Register
• Stakeholders have 45 days to provide written
comments and responses to Draft EIS
The FERC Project Manager may allow the Applicant to provide
e-files to assist the third-party contractor in preparing the EIS
Draft EIS Comment Meetings
• Sponsored and hosted by FERC
• More formal setting
• Meeting transcripts included as part of
public record
Final EIS
• FERC Staff
addresses
comments
received on Draft
EIS; does more
review as needed
• Final EIS is FERC’s
final
environmental
document
• EPA will issue
Notice of
Availability in
Federal Register
EA Process
• FERC will make decision whether to issue
EA with a 30 day comment period
• All EA’s available on E-Library once
complete
• If issued for comment, EA is final –
comments are addressed in any Order
• There is no draft EA issued.
Final Order/Certificate
• Commission will vote on proposed
project and issue a Final Order
• FERC estimates 2 months from
issuance of Final EIS to issuance of
Certificate
• Applicant “accepts” Certificate
Order Issuing Certificate
• Summarizes open
season results,
proposed rates,
tariffs, and capacity
• Identifies intervenors
• Summarizes
environmental
impacts and
alternatives evaluated
• Identifies Conditions
What is an Intervenor?
http://www.ferc.gov/help/how-to/intervene.asp
Standard Certificate Conditions
•
•
•
•
•
•
•
•
•
•
File final “Construction” alignment sheets
File Implementation plan for FERC approval
Requires revised environmental information
Documentation of landowner approval
File weekly/biweekly status reports
Reports due until restoration is complete
FERC’s approval required to begin service
Environmental complaint resolution process
Documentation of other federal authorizations
On-site FERC and independent inspectors
Opportunities to Challenge
the Final Decision
• Parties to the proceeding (i.e., those who have filed a
motion to intervene, not those simply filing comments
on the proposal) may seek rehearing of the FERC
decision.
• If not satisfied with FERC’s Order on Rehearing, parties
may seek judicial review at the Court of Appeals.
• If not satisfied with the Appellate Decision, parties may
seek judicial review at the Supreme Court – this is a very
rare occurrence.
State
Permits
Received
YOU ARE
HERE
COUNTDOWN TO
CONSTRUCTION
IMPLEMENTATION PLAN
Implementation Plan
• Typically submitted within 60 days
of acceptance of Certificate
• Includes Applicant-committed plans,
reports, documents, and clearances
• Provides opportunity for changes
• Describes how environmental
requirements will be communicated
 Incentives/penalties
Notice to Proceed (NTP) Request
• Applicant must submit a NTP request to
begin construction
• Do not request authorization to construct
unless
– All applicable permits and authorizations
have been obtained
– All pre-construction requirements have been
fulfilled
If the entire project is not ready to go to construction, requests
can be submitted for discrete spreads, segments, or facilities
CONSTRUCTION
DIG – LAY PIPE – BURY – RESTORE
Construction Impacts
• Erosion and sedimentation
• Soil layer mixing
• Restrictions/conflicts with property use
• Loss or change of habitat
• Increased or decreased accessibility
• Wildlife / habitat protection time windows
105
10
Right-of-way workspace and
pipe string
10
Pipe bends and slopes
10
Side Booms – Pipe in the ditch
10
Protecting and recovering archeological resources
10
Construction in populated areas
11
Residential
construction
11
Open-cut river crossing
11
Dry crossing of
stream
11
Horizontal directional drill
11
Avoiding sensitive resources
11
Wetland construction
11
Preservation and restoration of stream
banks
11
Construction within a electric transmission
line corridor
11
Topsoil segregation
11
Erosion control - slope breakers
12
Slope stabilization
12
Compressor station
12