FERC Reform Comment Deadline

Natural gas pipeline to feed LNG plant under construction.

The Federal Energy Regulatory Commission (FERC), which is the federal government’s arbiter over natural gas pipelines and LNG (liquefied natural gas) facilities such as the Jordan Cove/Pacific Connector project proposed for Oregon, is reviewing its policies, or at least putting on a show of doing so.  The public has until close of business on July 25 to comment.  (FERC’s invitation to comment doesn’t specify whether the deadline is 5 p.m. their time (in Washington, D.C.), meaning 2 p.m. in our time zone, or whether those on the West Coast have until our close of business—to be safe, better treat 2 p.m. as the deadline.

On April 19, FERC issued a Notice of Inquiry (NOI) seeking information and stakeholder perspectives to help the Commission explore whether, and if so how, it should revise its approach under its currently policy statement on the certification of new natural gas transportation facilities to determine whether a proposed natural gas meets the standard for public need.

In the NOI, the Commission seeks input on whether, and if so how, the Commission should adjust: (1) its methodology for determining whether there is a need for a proposed project, including the Commission’s consideration of agreements and contracts for service the would-b developer already has in place as evidence of such need; (2) its consideration of the potential exercise of eminent domain and of landowner interests related to a proposedproject; and (3) its evaluation of the environmental impact of a proposed project.

The use of eminent domain to push pipelines through the lands of unwilling property owners, and FERC’s failure to date to consider the contribution of gas transported by these facilities to global warming, have been two key issues in the national uprising against pipelines and LNG plants.

The comment period was initially to end June 25, but a widespread outcry that this didn’t give the public time to consider the complex issues and respond pushed FERC to extend the deadline by a month.

If commenting, reference Certification of New Interstate Natural Gas Facilities, Notice of Inquiry  (NOI), 163 FERC ¶ 61,042 (April 19, 2018); Docket No. PL18-1-000 – 2.

Comments can be mailed to: "Those unable to file electronically may mail or hand deliver comments to Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE, Washington, DC 20426.

Here is FERC’s website for commenting online:  https://ferconline.ferc.gov/FERCOnline.aspx.

However, be aware that the process is cumbersome—it isn’t as simple as sending an e-mail.  For some advice on dealing with the process, see this helpful website created by activists opposing natural gas developments: https://plan4ne.wordpress.com/about/ferc-certificate-policy-review/.