Federal Energy Regulatory Commission
Office of Energy Projects
Land Agent Training
IRWA
Calgary, June 2010
Douglas A. Sipe
Outreach Manager
Division of
Gas-Environment and Engineering
FERC
Who is FERC?
 FERC is an independent federal regulatory agency that:

Regulates the interstate transmission of natural gas
(siting & rates); electricity and oil (rates only);

Reviews proposals to build interstate natural gas
pipelines and liquefied natural gas (LNG) terminals,
and natural gas storage fields

Licenses and inspects non-federal hydropower
projects
Office of Energy Projects
FERC
FERC Organization Chart
Chairman
Jon Wellinghoff
Energy
Projects
Administrative
Litigation
Commissioner
Philip D. Moeller
External
Affairs
Administrative
Law Judges
Commissioner Commissioner Commissioner
Marc Spitzer
John R. Norris
Cheryl LaFleur
Enforcement
Energy Market
Regulation
Electric
Reliability
Executive
Director
General
Counsel
Secretary
Energy Policy &
Innovation
Office of Energy Projects
FERC
FERC’s Siting Authority
 Section 3 of the Natural Gas Act
 Determination of consistency with the public interest
 Section 7 of the Natural Gas Act
 Determination of public convenience and necessity
 Energy Policy Act of 2005
 Assigns FERC exclusive siting authority—does not
preempt other required federal authorizations
 Mandates use of Pre-Filing Process for LNG terminals
 Names FERC lead agency for NEPA review and
coordinator of all federal authorizations
Office of Energy Projects
FERC
INFRASTRUCTURE BOOM
(Certificated in the last 10 years)
 Pipelines
 106 Bcf/day of Capacity and 14,592 Miles
 Storage Facilities
 870 Bcf of Capacity
 LNG Facilities
 37 Bcf/day of Total Capacity
Office of Energy Projects
FERC
Land Agent
Complaints/Training
 What is FERC’s View?
 Was the industry caught off guard?
 How widespread is the issue?
 Has the industry improved stakeholder relations?
 Keeping up with Technology?
 Why am I talking about this?
Office of Energy Projects
FERC
Evolution
 Old School
 Right of Way Negotiations
 Environmental Regs
 Location…Location…Location
 Land Use
 Land/Water/Coastal
 Population
 Strong Communities
 The Last Mile/Demand Centers
Office of Energy Projects
Hello
FERC
Heightened
Public Interest
 Congressional Interest Escalated Significantly
 Increased calls to FERC’s Office of External Affairs and
Office of Enforcement (Dispute Resolution Service)
 Filed letters and calls to FERC PM’s/Management
 * Change… landowner calls now being referred to
the Dispute Resolution Service
Office of Energy Projects
The Landowners’
Perspective
FERC
Changed the World
Office of Energy Projects
FERC
Complaints
 Trespass…Eminent Domain (State vs. Fed)…“It’s a Done
Deal”…Trust/Truth…”FERC won’t let us move”…Damage
to property from surveyors…Lack of info… Abrupt
easement signing dates… Agreements not complied
with…FERC caped the amount of compensation…
Leaving property unsecured…Surveyors performing
unscheduled work (ex. hurts hunting farms)…Multiple
land agents…If they would do what they said they were
going to do…etc
Office of Energy Projects
FERC
Face of Your Company
 Either Building or Hurting the Reputation of the
Company
 Company Philosophy and Purpose
 Don’t just blame the LAND AGENT
 The effect on the FERC Process (What Schedule?)
Industry Needs to Adopt a Standard Code of
Ethics…You are all Painted with the Same Brush
Office of Energy Projects
FERC
Training Push
 Industry is strengthening overall training
 INGAA's Commitment to Landowners
• Eight Steps to build and maintain strong positive
relations with landowners
 Ambassador Training
 IRWA Training Plan
 FERC Outreach
 Attend FERC Seminars
Office of Energy Projects
FERC
Expanding Outreach
What is FERC Doing?
 State Outreach Initiative
 Open House
 Site Visits
 Scoping/Comment Meetings Improvements
 Local, State, and Federal Elected Officials Meetings
 Administrative Law Judge Hearings (Oregon)
 What's Next??????
Office of Energy Projects
FERC
Project Team
 Know project details
 Explain the Process and “next steps” (e.g. surveys,
compensation, construction, and eminent domain)
 Educate consumers on the NEED of the Project
 KNOW THE FERC PROCESS
 Recognize FERC’s Expectations and Role
 Educate Stakeholders how to become involved in the
FERC process (FERC Brochure)
Office of Energy Projects
FERC
FERC Misc.
Jurisdiction
2.55, Blanket, 7C, Section 3…
Pre-Filing/Traditional
Right-of-way acquisition concurrent with FERC review
process
 Tension between market forces and pre-filing process
 Use of state-granted eminent domain
 Availability of workforce
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Office of Energy Projects
FERC
Calls to OEA/DRS
How are landowner calls handled within FERC???
 OEP Liaison
 Calls are communicated between offices
 Two sides to every story
 Log Communications
 Resolve disputes in a timely manner
Office of Energy Projects
FERC
Industry Promotion
 A Robust Stakeholder & Public Outreach Initiative
 What is your Communication Plan?
 What is the Industry Training Protocol?
 How is the Industry Tailoring their Message?
Office of Energy Projects
FERC
Questions?
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, DC 20426
Douglas A. Sipe
202.502.8837
douglas.sipe@ferc.gov
Office of Energy Projects