(see Southern LNG)(PF06-14), Southeast Supply Header, LLC/SoNat(PF06-28), Gulfstream Natural Gas System, L.L.C. Greater use of dynamic line ratings could help ease long delays facing renewable energy projects in some parts of the country as they seek to connect to the transmission system, according to the Working for Advanced Transmission Technologies Coalition, which has pushed FERC to encourage these and other technologies. light of FERC's recent record approving new gas pipelines, FERC commissioners have been neutral or modestly supportive towards legislative proposals for stronger certificate review . This is problematic for several reasons. She urges FERC to consider climate policies prior to approving new natural gas pipelines. These consequences not only adversely affected pipeline investors, but also landowners and consumers. Second, the policy statement seeks to expand the consideration of supposedly adverse effects of a pipeline. Commissioner Christie, along with a second Commissioner, James Danly, argued that adopting the approach proposed in the policy statements will result in FERC violating its statutory obligations. The only way to satisfy environmental justice standards is to convince environmental justice organizations to pronounce themselves satisfied. FERC issues 'historic' overhaul of pipeline approvals - E&E News It is telling that the 1999 policy statement which was updated was originally passed unanimously. These legal challenges, Klass explains, would have resulted in years of delays, billions of dollars of cost overruns, and continuing uncertainty. Klass suggests that the recently enacted clean energy mandates of Virginia, a state through which the pipeline was designed to run, also contributed to the decision to terminate the project. The agency is accepting comments through April 4 to inform a potential long-term greenhouse gas emissions policy. In the first quarter of 2022, the Federal Energy Regulatory Commission (FERC) approved three projects intended to increase U.S. natural gas exports via pipeline and as liquefied natural gas (LNG). While Commissioner Christie is correct that the NGA does not mention climate change, it does require FERC to ensure that any new pipeline project serves the public convenience and necessity. FERC cannot do that without considering the full range of benefits and costsincluding environmental costsassociated with each project. Great Lakes Gas, Transmission Limited Par, This page was last updated on June 08, 2023. The upstream considerations introduce yet another element of uncertainty because it does not require calculations of upstream impacts to be included in an application, only encourages companies to do so. Monetizing Climate Damages Discloses Information, Facilitates Significance 33 Determinations, and Informs Decisionmaking As Required By NEPA. Indeed, over the last nearly 100 years, the public convenience and necessity standard has consistently been viewedby both FERC and the courtsas encompassing environmental considerations. Together with its commitment to reviewing demand projections underlying the capacity subscribed, estimated capacity utilization rates, potential cost savings to customers, regional assessments, and statements from state regulatory commissions or local distribution companies, FERC will resume its role as an arbiter of what additional gas infrastructure is needed versus simply contracted with developers who profit from construction even when their shippers are turning back capacity on existing pipelines. In one example, the policy statement seeks to expand the scope of impacts on landowners, moving beyond the economic impact of eminent domain to include unquantifiable complaints from landowners. Earlier this year, the Federal Energy Regulatory Commission (FERC) for the first time in over 20 years updated its policy on what factors it considers in its approval process for interstate natural gas pipelines. Headlines. FERCs newly announced Interim Greenhouse Gas Emissions Policy Statement represents its first attempt to tackle climate change, which FERCs Chair Richard Glick has rightly described as an existential threat to our security, economy, environment, and, ultimately, the health of individual citizens. Chair Glick has further recognized that, [u]nlike many of the challenges that our society faces, we know with certainty what causes climate change: It is the result of [greenhouse gas] emissions, including carbon dioxide and methane, which can be released in large quantities through the production and consumption of natural gas., Despite this, until relatively recently, FERC had largely avoided discussing the climate change impacts of its decisions, with past Commissioners often emphasizing that FERC is an energy regulator, not an environmental one. Mountain Valley pipeline get FERC authorization to resume construction ROANOKE, Va. (WDBJ) - The Federal Energy Regulatory Commission (FERC) has approved permits allowing construction of the Mountain Valley Pipeline to restart . on the part of the applicant to transfer, sell, or assign to any other entity the facility or facilities for which approval is sought. Dynamic line ratings may ease grid congestion issues, which some say can impede the development of renewable energy projects (Energywire, Jan. 27, 2020). in weighing whether a project is required by the public convenience and necessity. However, a 2020 Sabin Center, found that FERC often bases its decisions solely or primarily on economic factors, and gives little consideration to environmental impacts. This action followed a considerable political outcry, in which fossil fuel industry groups and congressional Republicans had complained that FERC was injecting critical uncertainty into the pipeline approval process. A FERC policy statement is essentially a guideline for how FERC plans to approach consideration of a given issue. . Saying that he would have supported more limited revisions to the policy statement, Commissioner Mark Christie said the new policy goes beyond what would be reasonable changes. Effective for both new and pending gas proposals, the policy asserts that projects emitting at least 100,000 metric tons per year of carbon dioxide equivalent would have a significant impact on the environment. A level of 100,000 metric tons of carbon is roughly equal to the greenhouse gas emissions of 21,700 cars driven for one year, and about 231,500 barrels of oil, according to EPA. FERC issued Order No. Energy-Related Carbon Dioxide Emissions, Energy-Related Carbon Dioxide Emissions at the State Level, Quarterly Coal Report (QCR)First-Quarter 2023, Quarterly Coal Distribution Report (QCDR)First-Quarter 2023, Annual Solar Photovoltaic Module Shipments Report, Midwest and Rocky Mountain Transportation Fuels Markets, East Coast and Gulf Coast Transportation Fuels Markets, FERC approves new natural gas pipeline projects to increase U.S. exports, the United States added 7.44 Bcf/d of new pipeline capacity. Presidential Permits for Border Crossings - United States Department of While that is true, the nations energy mix is inextricably intertwined with its environmental well-being, and FERC has long recognized that environmental impacts are important costs of pipeline development, which must be weighed against its benefits. Similar to its authority under the Natural Gas Act, FERC has authority under the Federal Power Act to ensure that operators of interstate electricity infrastructure charge just and reasonable rates. A detailed description of . FERCs authority to approve interstate pipelines stems from the NGA which was passed in 1938a time when gas was a limited resource to be conservatively rationed. Circuit upheld the order, exercising great deference toward FERCs approach in remedying practices that result in unjust and reasonable rates. Klass notes that for decades, federal courts have used electricity cases and natural gas cases interchangeably to assess FERC rate decisions. Under these new policies, pipeline approvals at FERC will become enormously difficult. Increasing Real-Time and Day-Ahead Market and Planning Efficiency Through Impro, Daytime & Evening Scoping Meeting Regarding Missisquoi, LLC (Project No. With Western Europe so heavily dependent on Russia for its natural gas, it has been left with no choice but to continue to allow imports from the rogue nation even as it wages war with Ukraine. Yet in current energy markets, environmental considerations are economic considerations, argues Alexandra B. Klass, a professor at University of Michigan Law School, in a recent article. However, some commissioners and clean energy groups at the time called for the use of dynamic line ratings, as well. Tags: While neither statement is final, their impending release still represents a major step for FERC, signaling a shift in its approach to approving new pipeline projects. Henceforward, the commission must weigh all of the benefits against all of the adverse impacts, FERC staff said. natural gas pipelines, . At the federal level, in addition to the Biden Administrations commitment to net-zero carbon emissions by 2050, Congress passed two significant lawsthe Infrastructure Investment and Jobs Act and the Inflation Reduction Actthat encourage a transition toward clean energy reliance. Climate Law Blog That could make FERC even more hesitant to use the metric. In a separate but related decision, the commission also laid out a framework for evaluating projects greenhouse gas emissions. . The combined effect of the updated pipeline certification statement is an explicit undermining of the pipeline approval . The only thing they accomplished today was constructing additional road blocks that further delay building out the energy infrastructure our country desperately needs.. First, the Commission updated a previous policy statement describing how it will determine whether a new interstate natural gas transportation project is required by "public convenience and necessity" under Section 7 of the Natural Gas Act (NGA). Monday, February 28, 2022 On February 17th, the Federal Energy Regulatory Commission ("FERC" or the "Commission") issued updates to its policies by which it determines whether to approve or. Many of the challenges centered on FERCs assessment of the greenhouse gas emissions associated with pipeline development. the D.C. Please note that email communications to the firm through this website do not create an attorney-client relationship between you and the firm. by Henrik Nilsson March 24, 2022 in Natural Gas Reading Time: 3 mins read 0 The Federal Energy Regulatory Commission (FERC) approved three significant interstate natural gas pipeline projects at today's monthly meeting, and Chairman Richard Glick said he is confident the projects will survive legal scrutiny. First, the statement eliminates so-called precedent agreements as the key deciding factor for pipeline approvals. The Federal Energy Regulatory Commission (FERC)i.e., the federal agency responsible for approving interstate gas pipelinesyesterday announced two major statements explaining how it proposes to: (1) realign its fossil fuel infrastructure approval process with the Natural Gas Act (NGA)s mandate to only approve projects that serve the public interest; and (2) factor climate change into this framework for pending and future decisions. Financial market analysis and financial data for major energy companies. Cox said Wednesday that Mountain . Earlier this year, the Federal Energy Regulatory Commission (FERC) for the first time in over 20 years updated its policy on what factors it considers in its approval process for interstate natural gas pipelines. EIA's free and open data available as API, Excel add-in, bulk files, and widgets. There could also be benefits for consumers, said Commissioner Willie Phillips. Scholar urges FERC to consider clean energy policies before approving natural gas pipelines. Send your feedback to, Residential Energy Consumption Survey (RECS), Commercial Buildings Energy Consumption Survey (CBECS). This includes seeking evidence of respectful and good faith negotiation to acquire lands. Second, FERC issued an interim policy statement explaining how it will assess the impacts of natural gas infrastructure projects on climate change in its reviews under the National Environmental Policy Act (NEPA) and NGA. The interim GHG policy also contemplates consideration of downstream combustion of natural gas in the pipeline approval process. 1953, and go to the Federal Energy Regulatory Commission; submarine cables, which are covered by Executive Order 10530 of May 10, . Finally, the interim policy statement allows for vague mitigation actions by a pipeline applicant. By injecting environmental justice into the FERC approval process, the Democratic commissioners are explicitly saying they plan to further politicize the pipeline approval process, looking to activist groups to provide sign off on pipeline approvals. Circuit Court of Appeals held that FERC is required to consider downstream greenhouse gas emissions, at least in some circumstances. FERC Prevents Landowners from Defending Their Property from Pipeline Companies FERC Raises the Bar for New Gas Pipeline Approvals - TriplePundit The White Houses pick to fill Chatterjees seat, D.C. utility regulator Willie Phillips, will need to be confirmed by the Senate ENR Committee, and is likely to field questions on pipelines in particular. FERC also initiated an inquiry considering whether to require transmission providers to use a type of technology that helps make the most out of electric power lines and can potentially boost renewable energy. State energy information, including overviews, rankings, data, and analyses. Rover Pipeline LLC (PF14-14 ) Rover Pipeline Project (see Panhandle/CP15-94 and Trunkline/CP15-96), Panhandle Eastern Pipe Line Company, LP Panhandle Backhaul Project (see Rover/CP15-93; Trunkline/CP15-96), Trunkline Gas Company, LLC Trunkline Backhaul Project (see Rover/CP15-93; Panhandle/CP15-94), Tennessee Gas Pipeline Company, L.L.C. Several years after FERC approved the Atlantic Coast Pipeline, for example, the developers canceled the project due to legal challenges over the environmental permits required for development. Maps, tools, and resources related to energy disruptions and infrastructure. View all news. A pipeline cannot be expected to try to supervise a drilling companys emissions, but those emissions can affect a pipelines approval. Exploration and reserves, storage, imports and exports, production, prices, sales. Seventh Meeting of the Joint Federal-State Task Force on Electric Transmission, FERC Staff Issues the Final Environmental Impact Statement for the Cumberland Project (CP22-493), June 2023 Highlights | FERC insight | Volume 6, FERC Finalizes Credit Risk Management Rule, Approved Major Pipeline Projects (1997-Present), Frequently Asked Questions: Spillway Inspections, *NEW* WorkshOPP On Public Participation In The Natural Gas Pre-Filing Review Process, Prohibition of Energy Market Manipulation, Electronic Privacy Act Request Consent for Disclosure of Records, Electronic Privacy Act Request for Individual Access to Records, Designation of Incoming Dam Safety Documents, Equal Employment Opportunity and Civil Rights, Office of Administrative Law Judges (OALJ), Office of Administrative Litigation (OAL), Office of Energy Infrastructure Security (OEIS), Office of Energy Market Regulation (OEMR), Office of Energy Policy and Innovation (OEPI), Internet Protocol Version 6 (IPv6) Policy, Information for Jobseekers with Disabilities, Standards for Descriptions of Documents Submitted to FERC, Frequently Asked Questions (FAQs) eLibrary, CP17-20, CP17-21, CP17-21-001, CP18-07, PF15-18, PF15-19, PF17-05, CP20-00052-000, CP20-00052-001, PF19-00007-000, WBI Energy Transmission, Inc./North Bakken Expansion Project Amendment, CP20-00068-000, CP20-00070-000, PF19-00003-000, Enable Gas Transmission, LLC, Enable Gulf Run Transmission, LLC/Gulf Run Pipeline, Line CP Modifications, Tuscarora Gas Transmission Company/Tuscarora XPress, Northern Natural Gas Company/Northern Lights 2021 Expansion, Texas Eastern Transmission, LP/Middlesex Extension Project, Texas Eastern Transmission, LP/Appalachia to Market Project, Portland Natural Gas Transmission System/Westbrook XPress Project Phases II and III, ANR Pipeline Company/Grand Chenier XPress Project, Gulf South Pipeline Company, LLC/Lamar County Expansion Project, Texas Eastern Transmission, LP/Cameron Extension Project, Summit Permian Transmission, LLC, Double E Pipeline, LLC/Double E Pipeline Project, National Fuel Gas Supply Corporation, Transcontinental Gas Pipe Line Company/FM100 Project, Leidy South Project, Columbia Gulf Transmission, LLC/Louisiana XPress Project, Kinder Morgan Louisiana Pipeline LLC/Acadiana Project, *Mountain Valley Pipeline, LLC/Southgate Project, Vector Pipeline L.P., Blue Water Energy Center Project, Adelphia Gateway, LLC, Adelphia Gateway Pipeline, Eastern Shore Natural Gas Company, Del-Mar Energy Pathway Project, Tennessee Gas Pipeline Company, L.L.C., 261 Upgrade Projects, Dominion Energy Transmission, Inc., West Loop Project, Rio Bravo Pipeline Company, LLC, Rio Grande LNG, LLC, Rio Bravo Pipeline Company LLC, Rio Grande LNG Terminal and Pipeline System Project, Rio Grande LNG Terminal, Rio Bravo Pipeline Project, El Paso Natural Gas Company, L.L.C., South Mainline Expansion Project, Transcontinental Gas Pipe Line Company, Southeastern Trail Project, Cheniere Corpus Christi Pipeline, L.P., Corpus Christi Liquefaction, LLC, Corpus Christi Liquefaction Stage III, L, Stage 3 LNG Facilities, Stage 3 Pipeline, Sendero Carlsbad Gateway, LLC, Limited Jurisdiction Certificate, Natural Gas Pipeline Company of America, Lockridge Extension Project, Venture Global Plaquemines LNG, LLC, Venture Global Gator Express, LLC, Gator Express, Plaquemines LNG, Natural Gas Pipeline Company of America, SPL Project, Cheyenne Connector, LLC, Rockies Express Pipeline LLC, Cheyenne Connector Pipeline Project, Gulf South Pipeline Company, LP, Willis Lateral Project, Portland Natural Gas Transmission System, Westbrook XPress, Transcontinental Gas Pipe Line Company; Northeast Supply Enhancement Project, PORT ARTHUR LNG, LLC, Port Arthur Pipeline, LLC, PALNG Common Facilities Company, LLC; Liquefaction Project, Pipeline Facilities Project, Louisiana Connector Project, Driftwood LNG LLC, Driftwood LNG Pipeline LLC, Driftwood Pipeline LLC, Driftwood LNG, Driftwood Pipeline, Empire Pipeline, Inc., Empire North Project, Northern Natural Gas Company, Northern Lights 2019 and Rochester Expansion Projects, Portland Natural Gas Transmission System, Portland XPress Project Phase III. FERC 102: FERC's Role in Grid Decarbonization - Resources for the Future in weighing whether a project is required by the public convenience and necessity. However, a 2020 Sabin Center study found that FERC often bases its decisions solely or primarily on economic factors, and gives little consideration to environmental impacts. The Federal Energy Regulatory Commission (FERC) issued a brief order on March 24, 2022, backtracking on the historic and divisive changes it had announced several weeks ago to its natural gas pipeline certification policies. In the wake of significant legal challenges to FERCs practice of approving projects based exclusively on affiliated gas shipper contracts with the pipeline developer, like those in, , and even arms-length projects for which FERC failed to require developers to demonstrate rather than just claim market demand, like. The precedent agreements with shippers filed in the RAEA and GTN Xpress dockets are summarized below. But Chatterjee left the commission in August, leaving FERC deadlocked on the issue. The project includes 13.1 miles of new pipeline and two new compressor stations that will deliver natural gas to the proposed Plaquemines LNG Project in Plaquemines Parish, Louisiana. Her extensive experience in energy policy, consumer and environmental justice and equity issues will come in handy as the new office continues to focus on enhancing public participation in commission proceedings., By Miranda Willson | 06/30/2023 06:45 AM EDT, By Miranda Willson | 06/29/2023 06:46 AM EDT, By David Iaconangelo | 06/28/2023 06:46 AM EDT, By Miranda Willson | 06/27/2023 06:17 AM EDT, By Mike Soraghan | 06/26/2023 06:26 AM EDT. Meanwhile, FERC announced that it has hired Nicole Sitaraman as deputy director for the Office of Public Participation. Circuit Court of Appeals has already held that, where the gas carried by a pipeline is intended to be combusted in power plants or other facilities, the emissions associated with combustion are reasonably foreseeable. So, presumably, FERC will quantify downstream emissions where it knows that the gas carried by a pipeline is intended for combustion. Reserves, production, prices, employment and productivity, distribution, stocks, imports and exports. Over the last several years, I became increasingly concerned that the Commission majority often cut corners in a manner that fell short of the Commissions obligations under the National Environmental Policy Act (NEPA) and the Natural Gas Act (NGA), Glick wrote. The Evangeline Pass Expansion Project is a 1.1 billion cubic feet (Bcf/d) project owned by Tennessee Gas Pipeline Company. FERC's Pipeline Approval Process: What To Expect | Hart Energy

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