Your water. Your environment. Your voice.
NATURAL GAS
PIPELINES
WHAT THE FERC IS FERC AND
WHAT DO THEY HAVE TO DO
WITH PIP...
WHAT IS FERC?
• FERC is the Federal Energy Regulatory Commission
• An independent governmental agency created in 1977.
• I...
• Natural Gas Act passed in 1938
• It regulates:
• Transportation of natural
gas in interstate commerce.
• Sale of natural...
Transportation of natural gas
in interstate commerce
• FERC regulates the interstate transport of natural
gas.
– It does n...
Certificate of Public Convenience
And Necessity
• Commonly know as “Certificate of Need”
• The ultimate goal of a pipeline...
Certificate of Public Convenience
And Necessity
• 15 U.S.C. 717f sets out the requirements for FERC to
issue a certificate...
What is “Public Interest”
• The term is not defined in the Natural Gas Act.
• The term is not defined in the implementing
...
Standards
FERC’s policy on issuing Certificates of Need:
“the Commission balances the public benefits
against the potentia...
FERC PROCESS
The process for obtaining a Certificate of Need
• Pre-file
– Some of the work is
done in a public process.
– ...
FERC PROCESS
What to do once there is an application
filed?
• Submit comments to FERC.
• Comments submitted during pre-fil...
FERC PROCESS
What is Intervention?
• Must file a motion to request intervener status
• There is a time limit within which ...
After Certificate of Need
What is next after Certificate of Need
• Applicant needs to
obtain environmental
approvals.
• Ob...
Environmental Approvals
I thought FERC pre-empted all other
regulations?
NO!
Environmental Approvals
• Federal Laws are not pre-empted.
• Endangered Species Act
• Clean Water Act
• Section 401 Water ...
Environmental Approvals
• This is another opportunity to comment
and oppose the project.
• Applicant will submit permit ap...
Eminent Domain
If the applicant cannot obtain voluntary
sale of property they can file for eminent
domain.
Where do they f...
Resources
FERC - www.ferc.gov
Environmental Overview by FERC-http://www.ferc.gov/industries/gas/enviro.asp
Information on ...
Your water. Your environment. Your voice.
Thank you!
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Natural Gas Pipelines and FERC

Given by Jim Waltman, Executive Director of the Stony Brook-Millstone Watershed Association at the "Pipelines and Preserved Lands Forum" on 2/10/15.
Published on: Mar 3, 2016
Published in: Environment      
Source: www.slideshare.net


Transcripts - Natural Gas Pipelines and FERC

  • 1. Your water. Your environment. Your voice. NATURAL GAS PIPELINES WHAT THE FERC IS FERC AND WHAT DO THEY HAVE TO DO WITH PIPELINES?
  • 2. WHAT IS FERC? • FERC is the Federal Energy Regulatory Commission • An independent governmental agency created in 1977. • It oversees the regulation and approval of: • Hydroelectric • Electric utilities • Natural gas pipelines • Oil pipelines • Governed by 5 commissioners and is located in D.C.
  • 3. • Natural Gas Act passed in 1938 • It regulates: • Transportation of natural gas in interstate commerce. • Sale of natural gas for the purpose of resale in interstate commerce • Companies engaged in the interstate transportation or interstate resale of natural gas. Natural Gas Act Photo courtesy of FERC
  • 4. Transportation of natural gas in interstate commerce • FERC regulates the interstate transport of natural gas. – It does not regulate natural gas lines that are truly intra-state. – It does not regulate distribution lines – It does not regulate “feeder” lines
  • 5. Certificate of Public Convenience And Necessity • Commonly know as “Certificate of Need” • The ultimate goal of a pipeline company • It is the “permit” that authorizes a company to move forward with its project. • Even with a Certificate of Need, project still needs to obtain environmental permits.
  • 6. Certificate of Public Convenience And Necessity • 15 U.S.C. 717f sets out the requirements for FERC to issue a certificate of need: “Whenever the Commission, after notice and opportunity for hearing, finds such action necessary or desirable in the public interest, it may by order direct a natural-gas company to extend or improve its transportation facilities . .”
  • 7. What is “Public Interest” • The term is not defined in the Natural Gas Act. • The term is not defined in the implementing regulations.
  • 8. Standards FERC’s policy on issuing Certificates of Need: “the Commission balances the public benefits against the potential adverse consequences. The Commission’s goal is to give appropriate consideration to the enhancement of competitive transportation alternatives, the possibility of overbuilding, subsidization by existing customers, the applicant's responsibility for unsubscribed capacity, the avoidance of unnecessary disruptions of the environment, and the unneeded exercise of eminent domain in evaluating new pipeline construction.”
  • 9. FERC PROCESS The process for obtaining a Certificate of Need • Pre-file – Some of the work is done in a public process. – If pre-filed cannot file a formal application for 180 days after pre-file. • No pre-file – Applicant does all of the work upfront without public input. NEPA Process Issuance or denial of Certificate of Need
  • 10. FERC PROCESS What to do once there is an application filed? • Submit comments to FERC. • Comments submitted during pre-file are not part of the record. They must be refiled. • File for Intervention
  • 11. FERC PROCESS What is Intervention? • Must file a motion to request intervener status • There is a time limit within which to file for intervener status. • Time line is set out in notice of application. • Must file for intervener status if want to request rehearing.
  • 12. After Certificate of Need What is next after Certificate of Need • Applicant needs to obtain environmental approvals. • Obtain Easements – Voluntary Purchase – Eminent Domain (Condemnation) • Challenge to Certificate – Request rehearing – Appeal to Court
  • 13. Environmental Approvals I thought FERC pre-empted all other regulations? NO!
  • 14. Environmental Approvals • Federal Laws are not pre-empted. • Endangered Species Act • Clean Water Act • Section 401 Water Quality Certificate • Section 404 Dredge and Fill • Section 402 NPDES • Clean Air Act • National Historic Preservation Act
  • 15. Environmental Approvals • This is another opportunity to comment and oppose the project. • Applicant will submit permit applications to State/Federal Agencies. • In NJ that may mean: • NJ DEP • Delaware River Basin Commission. • In other states: • EPA • Army Corp • FWS
  • 16. Eminent Domain If the applicant cannot obtain voluntary sale of property they can file for eminent domain. Where do they file: • Federal if over $3,000 • State if less than $3,000 or chosen. How do they value the property? Big question. Some jurisdictions look to Federal law, some to state law.
  • 17. Resources FERC - www.ferc.gov Environmental Overview by FERC-http://www.ferc.gov/industries/gas/enviro.asp Information on Pending and Upcoming Projects – http://www.ferc.gov/for-citizens/projectsearch/SearchProjects.aspx FERC’s citizens guides: http://www.ferc.gov/for-citizens/citizen-guides.asp Caroline Elefant’s Knowing and Protection Your Rights When an Interstate Gas Pipeline Comes to Your Community - http://lawofficesofcarolynelefant.com/wp- content/uploads/2010/06/FINALTAGguide.pdf
  • 18. Your water. Your environment. Your voice. Thank you!

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