federal energy regulatory commission the pre-filing process
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Federal Energy Regulatory Commission The Pre-Filing Process. IRWA/AI January 13-14, 2009. FERC Gas Program. Evaluate applications for facilities to import, export transport, store or exchange natural gas in interstate commerce Authorize the construction and operation of facilities - PowerPoint PPT PresentationTRANSCRIPT
Federal Energy Regulatory Federal Energy Regulatory CommissionCommission
The Pre-Filing ProcessThe Pre-Filing Process
Federal Energy Regulatory Federal Energy Regulatory CommissionCommission
The Pre-Filing ProcessThe Pre-Filing Process
IRWA/AIIRWA/AIJanuary 13-14, 2009January 13-14, 2009
IRWA/AIIRWA/AIJanuary 13-14, 2009January 13-14, 2009
10
FERC
Office of Energy Projects
Major Pipeline Construction Projects
FERC Gas ProgramFERC Gas Program
Evaluate applications for facilities to import, export Evaluate applications for facilities to import, export transport, store or exchange natural gas in interstate transport, store or exchange natural gas in interstate commercecommerce
Authorize the construction and operation of facilitiesAuthorize the construction and operation of facilities
Approve abandonment of facilitiesApprove abandonment of facilities
Conduct environmental reviews of proposals involving Conduct environmental reviews of proposals involving construction, modification, or abandonment construction, modification, or abandonment
Implement Pre-Filing ProcessImplement Pre-Filing Process
Conduct inspections of LNG facilities and pipeline Conduct inspections of LNG facilities and pipeline constructionconstruction
Phases of Project Phases of Project ReviewReview
Project PreparationProject Preparation─ The applicant working on its ownThe applicant working on its own
Pre-FilingPre-Filing─ FERC staff working with the applicant and FERC staff working with the applicant and
stakeholders before the filing of an applicationstakeholders before the filing of an application
Application ReviewApplication Review─ FERC staff working with the applicant and FERC staff working with the applicant and
stakeholders after the filing of an applicationstakeholders after the filing of an application
Post-AuthorizationPost-Authorization─ FERC staff working with the applicant and FERC staff working with the applicant and
stakeholders to ensure compliance with conditions to stakeholders to ensure compliance with conditions to the FERC approvalthe FERC approval
The Pre-Filing ProcessThe Pre-Filing Process
Voluntary for pipelines, required for LNG Voluntary for pipelines, required for LNG facilitiesfacilities
Used for projects requiring an EIS, or an EA Used for projects requiring an EIS, or an EA where controversy is likelywhere controversy is likely
Normally requires the applicant to hire and Normally requires the applicant to hire and fund a contractor to prepare EA/EISfund a contractor to prepare EA/EIS─ Staff selects contractor from list of three Staff selects contractor from list of three
provided by the applicantprovided by the applicant─ Contractor works solely under Staff’s Contractor works solely under Staff’s
directiondirection
Pre-Filing RequirementsPre-Filing Requirements
Project sponsor selects site, pipeline routes Project sponsor selects site, pipeline routes and begins surveys and studiesand begins surveys and studies
Meet with staff regarding proposed projectMeet with staff regarding proposed project
Submit draft RFP for 3rd-party contract and Submit draft RFP for 3rd-party contract and draft PF request for staff reviewdraft PF request for staff review
File PF requestFile PF request
Complete at least 6 months of PF reviewComplete at least 6 months of PF review
Goals of the Pre-Filing Goals of the Pre-Filing ProcessProcess Early identification and resolution of Early identification and resolution of
environmental issuesenvironmental issues More direct interaction between FERC staff More direct interaction between FERC staff
and stakeholdersand stakeholders
Interactive, concurrent NEPA/permitting Interactive, concurrent NEPA/permitting process, no shortcutsprocess, no shortcuts
FERC staff are advocates of the FERC staff are advocates of the ProcessProcess, , not the not the ProjectProject!!
Goal of “no surprises” when application is Goal of “no surprises” when application is filedfiled
FERC Staff Pre-Filing FERC Staff Pre-Filing ActivitiesActivities
Identify affected parties:Identify affected parties:─ landownerslandowners─ agenciesagencies─ other stakeholdersother stakeholders
Facilitate identification Facilitate identification of issuesof issues
Identify study needsIdentify study needs
Facilitate resolution of Facilitate resolution of issuesissues
Issue scoping noticeIssue scoping notice
Examine alternativesExamine alternatives
Arrange and attend site Arrange and attend site visits and meetingsvisits and meetings
Initiate preparation of Initiate preparation of preliminary NEPA preliminary NEPA documentdocument
Review draft resource Review draft resource reportsreports
Public InvolvementPublic InvolvementDuring Pre-Filing ReviewDuring Pre-Filing Review
The FERC ProcessThe FERC Process
Project Sponsor Sends Project Sponsor Sends
Landowner Notification Landowner Notification
PackagePackage
Issue Notice of Intent to Issue Notice of Intent to
Prepare the NEPA Prepare the NEPA
Document (i.e., scoping)Document (i.e., scoping)
Hold Scoping MeetingsHold Scoping Meetings
Public InputPublic Input
Contact the project sponsor Contact the project sponsor
w/questions, concerns; w/questions, concerns;
contact FERCcontact FERC
Send letters expressing Send letters expressing
concerns about concerns about
environmental impactenvironmental impact
Attend scoping meetingsAttend scoping meetings
The Environmental ReportThe Environmental Report(13 Resource Reports)(13 Resource Reports)
1.1. General Project General Project DescriptionDescription
2.2. Water Use & QualityWater Use & Quality
3.3. Fish, Wildlife & Fish, Wildlife & VegetationVegetation
4.4. Cultural ResourcesCultural Resources
5.5. SocioeconomicsSocioeconomics
6.6. Geological Geological ResourcesResources
7.7. SoilsSoils
8.8. Land Use, Recreation, Land Use, Recreation, & Aesthetics& Aesthetics
9.9. Air & Noise QualityAir & Noise Quality
10.10. AlternativesAlternatives
11.11. Reliability & SafetyReliability & Safety
12.12. PCB Contamination PCB Contamination (for pipelines only)(for pipelines only)
13.13. LNG Engineering & LNG Engineering & Design DetailsDesign Details
Public InvolvementPublic InvolvementDuring Application ReviewDuring Application Review
The FERC ProcessThe FERC Process
Issue Notice of the Issue Notice of the ApplicationApplication
Issue Notice of Issue Notice of Availability of the DEISAvailability of the DEIS
Hold Public Meetings on Hold Public Meetings on DEISDEIS
Issue a Commission Issue a Commission OrderOrder
Public InputPublic Input
File an Intervention; File an Intervention; register for e-subscriptionregister for e-subscription
File comments on the File comments on the adequacy of DEISadequacy of DEIS
Attend public meetings to Attend public meetings to give comments on DEISgive comments on DEIS
Interveners can file a Interveners can file a request for rehearing of request for rehearing of the Commission Orderthe Commission Order
FERC
Office of Energy Projects
Timelines: Traditional vs. Pre-Filing Process
DevelopStudy
Corridor
DevelopStudy
Corridor
Approve PF
Request(at least6 mos.
before filing)
Conduct
Scoping
-6 -5 -4 -3 -2 -1 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
Conduct Scoping &
Direct Preparation of
Resource Reports
IssueDraftEIS
IssueDraftEIS
FileAt
FERC
IssueOrder
IssueOrder
FileAt
FERC
Prepare ResourceReports
PrepareResourceReports
IssueFinalEIS
IssueFinalEIS
Traditional – Applicant Activities
Traditional – FERC Activities
Pre-Filing – Applicant Activities
Pre-Filing – FERC Activities
(months)
Review Resource Reports
& AnalyzeProject
(length of studyperiod determined by the Applicant)
AnalyzeProject
SuccessesSuccesses The Pre-filing process is the normThe Pre-filing process is the norm
Increased agency acceptance of and participation Increased agency acceptance of and participation in the Pre-filing processin the Pre-filing process
Smaller projects are being filed and approved Smaller projects are being filed and approved quicker (using both the Pre-filing and Traditional quicker (using both the Pre-filing and Traditional processesprocesses
Other agencies are adopting similar review Other agencies are adopting similar review strategiesstrategies
The Real WorldThe Real Worldof Pre-Filingof Pre-Filing
The Pre-filing Process is not always being used The Pre-filing Process is not always being used as intendedas intended─ Agency consultations are not occurring during Pre-Agency consultations are not occurring during Pre-
filing or pre-certificate stagesfiling or pre-certificate stages─ Site-specific issues are not being identified and Site-specific issues are not being identified and
resolvedresolved
The number of recommendations in The number of recommendations in environmental documents is increasing instead of environmental documents is increasing instead of decreasingdecreasing
Result—delays in the start of constructionResult—delays in the start of construction
Stopping the PendulumStopping the Pendulum
Make better use of the Make better use of the PF processPF process
Deal openly with Deal openly with landownerslandowners
Engage elected officialsEngage elected officials
In other words—resolve In other words—resolve the issues the issues beforebefore they they become problemsbecome problems
Working TogetherWorking Togetherfor Solutionsfor Solutions Industry Efforts Industry Efforts
─ Commitment to LandownersCommitment to Landowners
─ Issues with shared corridorsIssues with shared corridors
Re-establish a regular dialogue between FERC Re-establish a regular dialogue between FERC staff and the industrystaff and the industry
Industry needs to educate consumers on impact Industry needs to educate consumers on impact of new natural gas supplies on our way of lifeof new natural gas supplies on our way of life
FERC staff want to be part of the solutionFERC staff want to be part of the solution
Contact Contact InformationInformation
Lauren H. O’Donnell, DirectorLauren H. O’Donnell, Director
Div. of Gas – Environment & EngineeringDiv. of Gas – Environment & Engineering
202-502-8325202-502-8325
[email protected]@ferc.gov