FERC issues 'historic' overhaul of pipeline approvals - E&E News Still, the significance level established by the policy may ultimately have a small incremental practical impact, ClearView Energy Partners said in a research note yesterday. For example, the Sabin Center has previously recommended setting the significance threshold at 25,000 tons of carbon dioxide-equivalent, which is the level at which facilities are required to report their emissions to the Environmental Protection Agency. Today is a historic day, said Gillian Giannetti, an attorney at the Natural Resources Defense Councils Sustainable FERC Project. The agency is accepting comments through April 4 to inform a potential long-term greenhouse gas emissions policy. In some circumstances, environmental and climate policies have resulted in cancellation of FERC-approved pipeline projects, notes Klass. Scholar urges FERC to consider clean energy policies before approving natural gas pipelines. Circuit Court of Appeals held that FERC is required to consider downstream greenhouse gas emissions, at least in some circumstances. 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. Circuit sent the operating certificate for Spire Inc.'s 65-mile pipeline back to . Fish and Wildlife Service, which allows . Reports requested by congress or otherwise deemed important. 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. Monthly and yearly energy forecasts, analysis of energy topics, financial analysis, congressional reports. 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. FERC Commissioner Mark C. Christie, among other opponents of the updated policy, argued that the added weight it gave to environmental factors overstepped FERCs limited authority as an economic regulator. FERC approves new natural gas pipeline projects to increase U.S Barrasso had also urged FERC to act quickly on a proposal from Southeast utilities to form an automated energy exchange in the region, but the commission was unable to come to a decision by last weeks monthly open meeting. FERC approves all construction on Mountain Valley Circuit Court of Appeals said that it was troubled by FERCs claim that it could not consider downstream emissions because it lacked the information needed to do so. Democratic FERC commissioners defend approach to pipeline assessments The debate over how the commission should approach pipeline approvals comes ahead of a Senate ENR . Building more high-voltage transmission lines that can transport power across long distances may be necessary as the United States transitions toward more carbon-free energy resources, experts say. Until recently, FERC also generally did not consider how gas proposals would contribute to climate change. Copyright 19962023 Holland & Knight LLP. The study noted that FERC conducts environmental reviews for pipeline projects under the National Environmental Policy Act (NEPA) but found that those reviews typically have no or little bearing on [FERCs] decisions., This has prompted criticism from the courts. For example, in a 2017 decisionSierra Club v. FERCthe D.C. the D.C. Start Preamble. Daniel M. Firger Associate Director Foreign companies are buying up U.S. coal mines. Forms EIA uses to collect energy data including descriptions, links to survey instructions, and additional information. Reserves, production, prices, employment and productivity, distribution, stocks, imports and exports. Columbia Law School In many cases, FERC has limited its assessment to the emissions arising directly from pipeline construction and operation, and refused to consider indirect emissions from the upstream production and downstream consumption of natural gas transported via the pipeline. But while FERC is exploring reforms to improve transmission planning processes, its also important that the commission encourage better use of existing power infrastructure, Glick said. Still, Commissioner James Danly said the revised statement could discourage investments in gas infrastructure that may be needed to maintain a reliable energy system. That is the sort of policy statement that provides certainty. 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. 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. Indeed, Klass finds that between 1999 and 2019 FERC rejected only two out of almost 500 applications for any reason whatsoever. Barrasso, who serves as Ranking Member of the Senate Energy and Natural Resources Committee, earlier this month had accused the commission of unnecessarily delaying pipeline approvals in an effort to scrutinize greenhouse gas emissions more closely. 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. There has been criticism of FERCs reliance on precedent agreements as the primary approval threshold, especially from environmental groups that claim that essentially no new natural gas pipeline capacity is needed. However, the agency will conduct an environmental impact statement (EIS) as opposed to a less-rigorous environmental assessment (EA) for any gas project that exceeds that level. Land taken by governments to construct approved pipelines is not always returned to the owner once a project is canceled, Klass explains. Rethinking FERC's Approach to Natural Gas Pipeline Approvals In a separate but related decision, the commission also laid out a framework for evaluating projects greenhouse gas emissions. 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 . FERC Proposes Revamp to Pipeline Approval Process Two notable projects were completed in Florida and North Dakota this past quarter. provisions in H.R. Yesterdays announcements begin to rectify these problems but leave many unresolved questions. Second, estimating downstream combustion is essentially impossible in any kind of rigorous manner. The threshold aligns with an Obama-era EPA standard relating to greenhouse gas emissions known as the tailoring rule, something the actual policy, once posted on FERCs website, will explain further, Glick told reporters after the meeting (E&E News PM, Oct. 27, 2009). FERC approved two projects that connect to LNG terminals in Louisiana. These consequences not only adversely affected pipeline investors, but also landowners and consumers. This was confirmed in another decision in 2019, in which the D.C. Dynamic line ratings may ease grid congestion issues, which some say can impede the development of renewable energy projects (Energywire, Jan. 27, 2020). A A Scholar urges FERC to consider clean energy policies before approving natural gas pipelines. The Evangeline Pass Expansion Project is a 1.1 billion cubic feet (Bcf/d) project owned by Tennessee Gas Pipeline Company. But just one month after FERC issued the updated policy, FERC voted to reclassify the document as a draft and seek additional public input. This necessitates a broad-ranging review in which FERC must consider the need for pipeline development and weigh its benefits and costs. The commissions three Democratic members approved both policies, while the two Republicans on the panel opposed them. Henceforward, the commission must weigh all of the benefits against all of the adverse impacts, FERC staff said. In March 2021, FERC issued an order that creates new standards for evaluating the greenhouse gas emissions from pipeline projects, indicating that FERC will consider . The court noted that FERC could have requested the information from the pipeline developer but chose not to and stated: It should go without saying that NEPA also requires the Commission to at least attempt to obtain the information necessary to fulfill its statutory responsibilities.. MVP had requested FERC approval on June 26, 2023, for the pipeline that first got its certificate of . A pipeline cannot be expected to try to supervise a drilling companys emissions, but those emissions can affect a pipelines approval. FERC ensures reliable, safe, secure & economically efficient energy for consumers at a reasonable cost. While this might sound reasonable in theory, the policy statement makes clear that this is not a good faith effort to consider impacts, but rather an effort to give NIMBYs and political actors new avenues to oppose and delay pipeline approvals. DC Circ. AP Photo/Seth Perlman. Greenhouse gas data, voluntary reporting, electric power plant emissions. (Incidentally, a federal court in Louisiana last week issued a preliminary injunction preventing federal agencies from using an interim SCC, adopted by the Biden administration. In other cases, pipeline approvals could decrease emissions, at least in the short-term, if the availability of gas reduces the use of coal for electricity generation, for example. On Wednesday, the Federal Energy Regulatory Commission issued an order stating Mountain Valley is "authorized to proceed with all remaining construction associated with the project.". However, mitigation is in the eye of the beholder, there are multiple standards and programs for GHG mitigation, and each has its critics and supporters. By Miranda Willson | 02/18/2022 07:24 AM EST, Gas pipeline sections are stacked in a field in Illinois. How exactly is a company to show respect and good faith? PDF Policy Brief on FERC Plays Politics with Pipelines The third project FERC approved expands capacity by 0.5 Bcf/d to transport U.S. natural gas via pipeline to the Energia Costa Azul LNG Export Project in Baja California, Mexico. The natural gas orders came during FERCs regular open meeting, during which the agency also opened a new proceeding on technologies to make electric power lines more efficient and announced a new senior staff member at the Office of Public Participation. Includes hydropower, solar, wind, geothermal, biomass and ethanol. Under these new policies, pipeline approvals at FERC will become enormously difficult. 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. 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. But Klass observes that FERC has failed to consider clean energy implications in pipeline approvals as it has in the electricity contexteven though precedent suggests it has authority to do so. FERC Announces Steps to Prevent Approval of Unnecessary Natural Gas FERC Prevents Landowners from Defending Their Property from Pipeline Companies Circuit Court of Appeals held that FERC is required to consider downstream greenhouse gas emissions, at least in some circumstances. The interim GHG policy also contemplates consideration of downstream combustion of natural gas in the pipeline approval process. FERC proposes environmental justice concerns play a larger role in federal approvals of natural gas pipelines. The only hard number is that FERC will require a full environmental impact statement (EIS) for projects with emissions of more than 100,000 tons per year. FERCs two Democratic commissioners on Monday defended the agencys efforts to scale up its analysis of how fossil fuel infrastructure contributes to climate change and its harmful impact on low income communities and communities of color against criticism from Sen. John Barrasso (R-Wyo). FERC Raises the Bar for New Gas Pipeline Approvals - TriplePundit The act does not define "public convenience and necessity," so the commission devised its certificate policy statement in 1999 to guide its decision-making process. FERCs newly announced draft Certificate Policy Statement proposes a shift in the Commissions approach to assessing the need for new pipelines to ensure it is aligned with the requirements of the NGA. Maps, tools, and resources related to energy disruptions and infrastructure. This includes seeking evidence of respectful and good faith negotiation to acquire lands. Klass urges FERC to use its authority to ensure fair rates to justify the approval of new pipelines only after considering the market impact of clean energy policies. 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. The only thing they accomplished today was constructing additional road blocks that further delay building out the energy infrastructure our country desperately needs.. State energy information, including overviews, rankings, data, and analyses. FERC has done so before, she notes, in the context of electricity transmission regulation, using its authority under the Federal Power Act. All aspects of the policy could be revised at a later date, although it is unclear when. Under the revisions to the certificate policy statement approved yesterday, the commission will consider four major factors before approving a project: the interests of the developers existing customers; the interests of existing pipelines and their customers; environmental interests; and the interests of landowners, environmental justice populations and surrounding communities. Set up for the first time last year, the office is designed to help members of the public engage with the agency as well as provide technical support for those affected by commission decisions. The Federal Energy Regulatory Commission (FERC), on February 17, 2022, voted in party-line to start considering the potential effects of gas infrastructure projects on climate change and local communities, especially considering pollution as it weighs whether the project is in the interest of the public or not. Energy & Environment . Klass explains that, when opponents challenged the order in court, the U.S. Court of Appeals for the D.C. When NIMBYs and environmentalists seek to impede a pipeline, they can simply claim (and already do claim) lack of good faith as a delaying tactic. According to Klass, this will prevent the development of pipelines at risk of failure due to lack of fossil fuel demand and consequently unjust and unreasonable rates for gas utilities and consumers.. Natural Gas Pipelines Blanket Certificates Intrastate Transportation Landowner Topics Issued Date CP20-30-000 Texas Eastern Transmission, LP/Middlesex Extension Project 264.00 Regional energy information including dashboards, maps, data, and analyses. proposes a shift in the Commissions approach to assessing the need for new pipelines to ensure it is aligned with the requirements of the NGA. Energy use in homes, commercial buildings, manufacturing, and transportation. Manchin lauds Biden admin 'course correction' on pipelines after Democratic FERC commissioners defend approach to pipeline - POLITICO Rather, she concludes that the Natural Gas Act obligates FERC to give weight to the environmental and climate policies to preserve its role as an economic regulator. Mountain Valley pipeline gets FERC authorization to resume - Nasdaq In one case, the court ordered FERC to redo permits for two LNG projects to better account for their impacts on climate and environmental justice. Please note that email communications to the firm through this website do not create an attorney-client relationship between you and the firm. Headlines. FERC Plays Politics with Pipelines - IER The court sent the project approval back to FERC for the agency to prepare an environmental impact statement consistent with the opinion. Description of Facility. 161 and their implications for gas pipeline certificate approval. According to Commissioner Christie, FERC doesnt have an open ended license under the U.S. Constitution or the Natural Gas Act to address climate change.. New York, June 19, 2023 (GLOBE NEWSWIRE) -- Reportlinker.com announces the release of the report "Vagus Nerve Stimulators Pipeline Report including Stages of Development, Segments, Region and . Under FERCs plan, gas projects that would emit more than the designated threshold could still be approved if the benefits are found to outweigh the costs. will no longer be the sole factor the Commission considers. It signaled that project proponents would be asked to provide specific information detailing how the gas to be transported by a proposed project would ultimately used, why the project is needed to serve that use, and the expected utilization rate of the project. This will better enable FERC to assess both demand and the real impacts from overbuilding capacity to areas that have enough infrastructure and capacity. November 17, 2022. This vague notion of environmental justice is once again in the eye of the beholder. The hallmark of Holland & Knight's success has always been and continues to be legal work of the highest quality, performed by well prepared lawyers who revere their profession and are devoted to their clients. FERC Staff Issues Final Environmental Impact Statement (EIS) for the GTN Xpress Project (CP22-2-000) November 18, 2022. 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 Spire and PennEast, and even arms-length projects for which FERC failed to require developers to demonstrate rather than just claim market demand, like City of Oberlin, FERC is now committing to truly assess project need. New York, NY 10027, 2023 (PF12-10), Transcontinental Gas Supply Co., LLC (PF11-4), Atlas Pipeline Mid-Continent WestTex, LLC, Texas East Tran, LP/Algon Gas Tran, LLC(PF10-17), Texas Eastern Transmission, LP (PF10-21) TEAM 2012 Expansion Project, Central New York Oil & Gas Company, LLC MARC I Project, National Fuel Gas Supply Corp. (see CP11-133/Tn) Northern Access Expansion Project, Dominion Transmission, Inc. Ellisburg to Craigs Project (see CP11-30), Tennessee Gas Pipeline Company Northeast Supply Diversification Project (NSD) (see CP11-41), Transcontinental Gas Pipe Line Co., LLC (PF10-13) Mid-South Expansion Project, Dominion Transmission, Inc. Northeast Expansion Project, Equitrans, L.P. (PF10-19) Sunrise Project, Transcontinental Gas Pipe Line Co. LLC (PF10-16) Mid-Atlantic Connector Expansion Project, Dominion Transmission, Inc. (PF09-15) Appalachian Gateway Project, Empire Pipeline, Inc. (PF10-5) Tioga County Extension Project, Questar Pipeline Company (PF10-7) ML 104 Extension Project, ETC Tiger Pipeline, LLC ETC Tiger Pipeline Expansion Project, Texas Eastern Transmission, LP Hot Spring Lateral Project, National Fuel Gas Supply Corporation (PF10-1) Line N Compressor Installation Proj (see CP10-457), Northern Border Pipeline Company (PF10-2) Princeton Lateral Project, East Tennessee Natural Gas, LLC (PF09-13) Northeastern Tennessee Proj (NET Proj), Kern River Gas Transmission Co (PF09-7) Apex Expansion Project, Questar Overthrust Pipeline Company (PF09-6) Main Line (ML) 133 Loop Expansion Project, Transcontinental Gas Pipe Line Corporation Mobile Bay South II Expansion Project, Florida Gas Transmission Co Mobile Bay Lateral Extension Proj(see Transco CP09-456), Transcon Gas Pipe Line Cp/FGT Co Pascagoula Expansion Proj (see FGT/ CP09-455), Wyoming Interstate Company 2010 System Enhancement Project, Tennessee Gas Pipeline Company / Line 300 Expansion, Colorado Interstate Gas Company / Raton 2010 Expansion Project, Bison Pipeline LLC / Bison Pipeline Project, ETC Tiger Pipeline, LLC / Tiger Pipeline Project, Ruby Pipeline, LLC /Ruby Pipeline Project, Wyoming Interstate Company, Ltd. Diamond Mountain Compressor Station Proj, Transcontinental Gas Pipe Line Co. LLC Bayonne Delivery Lateral Project, Gulf South Pipeline Company, LP Haynesville/Perryville Expansion Project, Algonquin Gas Transmission, LLC, Hubline/East to West Project, Fayetteville Express Pipeline LLC, Fayetteville Express Pipeline, Port Dolphin Energy LLC/Port Dolphin Project, Florida Gas Transmission Company, LLC/Phase VIII Expansion Project, Texas Eastern Transmission, LP/TEMAX and TIME III Projects, Transcontinental Gas Pipe Line Co., LLC Delta Lateral Project, Dominion Transmission, Inc. Dominion Hub III Project, Transcontinental Gas Pipe Line Co., LLC 85 North Expansion Project, Questar Overthrust Pipeline Co. Overthrust Compression Expansion Project, Oasis Pipeline LP and Oasis Pipeline Co. TX LP Clint Export Project, Kern River Gas Transmission Company 2010 Expansion Project, Northern Natural Gas Company Northern Lights 2009/10 Zone EF Exp Proj, Transcontinental Gas Pipe Line Co. LLC Mobile Bay South Expansion Project, Texas Gas Transmission, LLC Fayetteville Shale Compression Project, Northwest Pipeline GP Colorado Hub Connection Project, Algonquin Gas Transmission, LLC J-2 Loop Project, Algonquin Gas Transmission, LLCKleen Energy Lateral, AES Sparrows Point, LLC and Mid-Atlantic Express, LLC/Sparrows Point Project, Bradwood Landing LLC and Northern Star Energy/Bradwood Landing LNG, Transcontinental Gas Pipe Line Corporation/Sentinel Expansion Project, Midcontinent Express Pipeline LLC/Midcontinent, Colorado Interstate Gas Company/High Plains Expansion Project, Broadwater Energy LLC, Broadwater Project, Elba Express, L.L.C. The interim greenhouse gas policy (GHG) shares the vagueness of the certification update policy. As part of the application with FERC, the sponsors of proposed pipeline projects typically disclose pre-arranged, binding precedent agreements with shippers to demonstrate the economic need for the project. A A FERC proposes environmental justice concerns play a larger role in federal approvals of natural gas pipelines. 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. 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. The only way to satisfy environmental justice standards is to convince environmental justice organizations to pronounce themselves satisfied. This has prompted criticism from the courts. 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. High-Profile Intervenors Seek to Shake Up FERC's Gas Pipeline Approval FERC Proposes IBR Standards, Registration to Improve Grid Reliability. Law360 (June 22, 2021, 6:00 PM EDT) -- The D.C. To do that, other federal agencies typically use the so-called social cost of carbon, which reflects the cost, expressed in dollars per ton, of current and future damage caused by carbon dioxide emissions. In its earlier changes, issued on Feb. 17 along partisan lines, FERC released two final policy statements concerning its evaluation of natural gas projects, both of which were apparently motivated by a concern over climate change.

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