The U.S. Federal Energy Regulatory Commission has acted to streamline its rules governing natural gas pipeline construction applications.
FERC issued two notices of proposed rulemaking (NOPRs) and announced a technical conference on landowner notification issues.
In the first, FERC proposes to streamline pipeline certificate regulations to better fit the less-regulated environment of unbundled pipeline sales and open access transportation. The rule would expand the scope of blanket certificates to allow pipelines to: construct, operate, rearrange, replace, or abandon more facilities than are currently covered; change FERC regulations to facilitate construction of receipt points; allow pipelines to construct and operate temporary compression stations under a blanket certificate; and allow staff to dismiss objections to projects if they are vague or do not raise substantive issues. The proposed rule would also codify less cumbersome environmental filing rules and procedures that, while not part of existing regulations, are commonly used in FERC filings.
The second NOPR would let pipelines engage in a voluntary collaborative process with the public and FERC staff prior to filing a pipeline certificate application.
FERC said, "The goal is to improve communication, expand public participation, and resolve potential conflicts earlier in the process. Under this option, applicants would notify the commission and the public, including landowners and state and local government officials, of their intention to initiate pre-filing consultation. In addition to resolving disputes, the approach gives the applicant the option of working with FERC staff and other interested parties to complete environmental studies in advance of formal filing of an application."
FERC also plans to hold a technical conference in December to respond to increasing landowner concerns about new projects. And it is seeking public comment on whether companies should notify landowners prior to filing an application with the commission. For minor projects that do not call for a full FERC review, the commission asked for comment on whether companies should be required to notify affected landowners within a reasonable time prior to construction. It also invited comment on the use of working groups or negotiated rulemaking procedures to help develop proposals for improving its regulations on this issue. Comments are due Dec. 1.
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