FERC Introduction
Meeting
Northeast Energy Direct Project
March 12 and 19, 2015
Eric J. Tomasi – Project Manager
Division of Gas – Environment & Engineering
Office of Energy Projects
Federal Energy Regulatory Commission
FERC
Who is FERC?
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FERC is an independent federal regulatory agency
that:
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Regulates the interstate transmission of natural gas
(siting & rates); electricity and oil (rates only);
Reviews proposals to build interstate natural gas
pipelines and liquefied natural gas (LNG) terminals, and
natural gas storage fields (National Enviro. Policy Act)
Licenses and inspects non-federal hydropower projects
Office of Energy Projects
FERC
FERC Organization Chart
Chairman
Cheryl LaFleur
Energy
Projects
Administrative
Litigation
Commissioner
Philip D. Moeller
External
Affairs
Administrative
Law Judges
Commissioner
Tony Clark
Enforcement
Energy Market
Regulation
Commissioner
Norman Bay
Electric
Reliability
Executive
Director
Commissioner
Colette D. Honorable
General
Counsel
Secretary
Energy Policy &
Innovation
Office of Energy Projects
FERC
FERC’s Siting Authority

Section 7 of the Natural Gas Act
– Determination of public convenience and necessity
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Energy Policy Act of 2005
– Assigns FERC exclusive siting authority—does not
preempt other required federal authorizations
– Optional use of Pre-Filing Process for pipeline projects
– Names FERC lead agency for NEPA review and
coordinator of all federal authorizations
Office of Energy Projects
FERC
State and Local Permits
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FERC encourages cooperation between interstate
pipelines and local authorities.
Goal is to work with agencies to identify and minimize
conflicting requirements
If the Commission approves a project, state or local
permits must be consistent with the conditions of any
FERC certificate
Office of Energy Projects
FERC
FERC Role

FERC is the lead for NEPA review; coordinator of federal
authorizations
 Other agencies urged to participate in process

FERC establishes a schedule for all Federal authorizations
 Ensures expeditious processing of all natural gas project
permits and authorizations
 Federal authorization decisions to be issued within 90
days of FERC’s Final NEPA document

FERC to maintain complete consolidated record
 Provides for swifter judicial review
Office of Energy Projects
FERC
Division of Gas
(Environment and Engineering)

Evaluate applications and conduct environmental
reviews/siting for jurisdictional gas facilities:
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Import/Export, Storage, Interstate Transmission,
Abandonment, LNG
Conduct inspections of jurisdictional facilities

LNG facilities and pipeline construction/restoration
Office of Energy Projects
•FERC
Phases of Project Review

Marketing and Preliminary Project Design
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Pre-Filing - CURRENT
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FERC staff working with the applicant and stakeholders before
the filing of an application
Application Review
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The applicant working on its own
FERC preparing NEPA document that is reviewed by
cooperating agencies prior to public issuance for comment
Post-Authorization

FERC staff working to ensure compliance with conditions to the
FERC approval
Office of Energy Projects
FERC
Certificate Process
Non-Environmental Review and Analysis
• Engineering – GQI, storage, hydraulic flow
• Tariff – rates, terms & conditions of service
• Policy – precedents, rules, regulations
• Accounting
File
Application
Parallel Processing Paths
Preparation of EIS
• Project description/ purpose and need
• Water resources
• Ecology – fish, wildlife, vegetation
• Cultural resources – historic preservation
• Land use/socioeconomics – recreation, aesthetics
• Soils and geology
• Air and noise
• Alternatives
Issue
Order
FERC
The Pre-Filing Process
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More interactive NEPA/permitting process, no shortcuts
Be more proactive and explore ways to Outreach
Earlier, more direct interaction between FERC, other
agencies, stakeholders, and the applicant
Transparency in the Pre-Filing Review Process
Goal is to resolve problems and have “no surprises”
Encourages cooperation with federal, state, and local
authorities
FERC staff is an advocate for the process, not the project
Office of Energy Projects
FERC
NEPA Pre-Filing Review
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Project is in the preliminary planning phase
 Formal application has not been filed
 Purpose of the Pre-Filing Process
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encourage involvement by interested stakeholders in a
manner that allows for the early identification and
resolution of issues
identify and attempt to address environmental issues
prior to the time when an application is filed
Review and comment on draft resource reports
Office of Energy Projects
FERC
FERC Pre-Filing Activities
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Identify affected parties:
landowners
 agencies
 other stakeholders
 Facilitate identification
of issues
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Identify study needs
 Facilitate resolution of
issues
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Issue scoping notice
Examine alternatives
Arrange and attend site
visits and meetings
Initiate preparation of
preliminary NEPA
document
Review draft resource
reports
Office of Energy Projects
FERC
Resource Reports
1.
2.
3.
4.
5.
6.
7.
General Project
Description
Water Use & Quality
Fish, Wildlife &
Vegetation
Cultural Resources
Socioeconomics
Geological
Resources
Soils
8.
9.
10.
11.
12.
13.
Land Use, Recreation &
Visual Impacts
Air Quality & Noise
Alternatives
Reliability & Safety
PCB Contamination (for
pipelines only)
LNG Engineering &
Design Details
Office of Energy Projects
FERC
Agency Involvement
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Cooperating

Can review working draft NEPA document during application stage
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Not subject to ex parte rules
Participating
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Same as cooperating agency during pre-filing stage
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Limits to communication and review during application stage
Intervenor
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Must file a formal motion to intervene
Submissions must be served on the applicant and all other parties
to the proceeding
May seek rehearing of the FERC decision and possibly judicial
review at the Court of Appeals.
Office of Energy Projects
FERC
FERC/Agency
Actions During Pre-Filing
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Review route, identify study needs, and examine
alternatives
Connect with affected stakeholders
Participate in applicant open houses, hold interagency
meetings, inform local elected officials, and meet with
landowners
Facilitate identification and resolution of issues
Analyze draft resource reports and initiate preparation
of NEPA document
Office of Energy Projects
FERC
Applicant’s Responsibilities
Route
development, infrastructure assessment,
engineering design, and environmental surveys
Recognize
and address stakeholders’ concerns
and develop public participation plan
Invite
the public to open houses
Prepare
FERC and other permit applications
Engage
in proactive planning and communication
Office of Energy Projects
FERC
Applicant’s Responsibilities
at Filing Time
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Identify and address agency and stakeholder
concerns
Provide consistent information to agencies and
stakeholders
Submit complete FERC application
Provide FERC its proposed schedule of Federal
applications and anticipated receipt dates
File for all Federal authorizations before or
concurrent with FERC application filing
Office of Energy Projects
FERC
FERC/Coop. Agency Actions
During Application Review
Develop
and issue data requests, if needed
Prepare/review
FERC
draft EIS
issues draft EIS
Attend
comment meeting on draft EIS
Address
comments and issues final EIS
Office of Energy Projects
EIS Pre-Filing Environmental Review Process
Applicant Process
Assesses market need and
considers project feasibility
FERC Process
Requests use of
FERC’s Pre-Filing Process
Receives Applicant’s request to conduct its review of
the project within FERC’s NEPA Pre-Filing Process
Studies potential site locations
Identifies Stakeholders
Holds open house to discuss project
Public
Input
Opportunities
Conducts route studies and field surveys. Develops
application.
Files formal application with the FERC
Formally Approves Pre-Filing Process and issues PF
Docket No. to Applicant
Participates in Applicant’s open house
Issues Notice of Intent
for Preparation of an EIS opening the
scoping period to seek public comments.
Holds public scoping meeting(s) and
site visits in the project area.
Consults with interested stakeholders.
Issues Notice of Application
Analyzes data and prepares Draft EIS
Issues Draft EIS
and opens comment period
Public
Input
Opportunities
Holds public comment meetings on the Draft EIS in the
project area
Responds to comments
and revises the Draft EIS
Issues Final EIS
Commission Issues Order
Public
Input
Opportunities
Parties can request FERC
to rehear decision
Submits outstanding information to satisfy conditions
of Commission Order
Issues Notice to Proceed
with construction.
FERC
Contact Information
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, DC 20426
Eric J. Tomasi
202.502.8097
[email protected]