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Eric J. Tomasi – Project ManagerDivision of Gas – Environment & Engineering
Office of Energy ProjectsFederal Energy Regulatory Commission
Northeast Energy Direct Project
March 12 and 19, 2015
FERC Introduction Meeting
Who is FERC?
FERC is an independent federal regulatory agency that: 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 ChartFERC Organization ChartFERC
Office of Energy Projects
ChairmanCheryl LaFleur
CommissionerNorman Bay
Commissioner Philip D. Moeller
Commissioner Tony Clark
Commissioner Colette D. Honorable
Energy Projects
Electric Reliability
External Affairs
Energy Market Regulation
Enforcement
Energy Policy & Innovation
Administrative Litigation
Administrative Law Judges
Executive Director
General Counsel
Secretary
FERC’s Siting Authority
Section 7 of the Natural Gas Act– Determination of public convenience and
necessity
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
FERC
Office of Energy Projects
State and Local Permits
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
FERC
Office of Energy Projects
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
FERC
Office of Energy Projects
Division of Gas (Environment and Engineering)
Evaluate applications and conduct environmental reviews/siting for jurisdictional gas facilities:
Import/Export, Storage, Interstate Transmission, Abandonment, LNG
Conduct inspections of jurisdictional facilities LNG facilities and pipeline construction/restoration
FERC
Office of Energy Projects
Phases of Project Review
Marketing and Preliminary Project Design The applicant working on its own
Pre-Filing - CURRENT FERC staff working with the applicant and stakeholders before
the filing of an application
Application Review 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
• FERC
Office of Energy Projects
Certificate ProcessFERC
Parallel Processing Paths
IssueOrder
Non-Environmental Review and Analysis• Engineering – GQI, storage, hydraulic flow• Tariff – rates, terms & conditions of service• Policy – precedents, rules, regulations• Accounting
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
FileApplication
The Pre-Filing Process
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 authoritiesFERC staff is an advocate for the process, not the project
FERC
Office of Energy Projects
NEPA Pre-Filing Review
Project is in the preliminary planning phase Formal application has not been filed Purpose of the Pre-Filing Process
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
FERC
Office of Energy Projects
FERC Pre-Filing ActivitiesFERC
Office of Energy Projects
Issue scoping notice Examine alternatives Arrange and attend site
visits and meetings Initiate preparation of
preliminary NEPA document
Review draft resource reports
Identify affected parties: landowners agencies other stakeholders
Facilitate identification of issues
Identify study needs Facilitate resolution of
issues
Resource Reports FERC
Office of Energy Projects
8. Land Use, Recreation & Visual Impacts
9. Air Quality & Noise10. Alternatives11. Reliability & Safety12. PCB Contamination (for
pipelines only)13. LNG Engineering &
Design Details
1. General Project Description
2. Water Use & Quality3. Fish, Wildlife &
Vegetation4. Cultural Resources5. Socioeconomics6. Geological
Resources7. Soils
Agency Involvement
Cooperating Can review working draft NEPA document during application stage Not subject to ex parte rules
Participating Same as cooperating agency during pre-filing stage Limits to communication and review during application stage
Intervenor 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.
FERC
Office of Energy Projects
FERC/AgencyActions During Pre-
Filing
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
FERC
Office of Energy Projects
Applicant’s Responsibilities
Route development, infrastructure
assessment, engineering design, and
environmental surveysRecognize and address stakeholders’
concerns and develop public
participation planInvite the public to open housesPrepare FERC and other permit
applications Engage in proactive planning and
communication
FERC
Office of Energy Projects
Applicant’s Responsibilitiesat Filing Time
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
FERC
Office of Energy Projects
FERC/Coop. Agency Actions
During Application Review
Develop and issue data requests, if
needed
Prepare/review draft EIS
FERC issues draft EIS
Attend comment meeting on draft
EIS
Address comments and issues final
EIS
FERC
Office of Energy Projects
Identifies StakeholdersIdentifies Stakeholders
EIS Pre-Filing Environmental Review Process
PublicInputOpportunities
PublicInputOpportunities
PublicInputOpportunities
Applicant Process
Studies potential site locationsStudies potential site locations
Participates in Applicant’s open houseParticipates in Applicant’s open house
Issues Notice of Intentfor Preparation of an EIS opening the
scoping period to seek public comments.
Issues Notice of Intentfor Preparation of an EIS opening the
scoping period to seek public comments.
Issues Notice of ApplicationIssues Notice of Application
Analyzes data and prepares Draft EISAnalyzes data and prepares Draft EIS
Issues Draft EISand opens comment period
Issues Draft EISand opens comment period
Holds public comment meetings on the Draft EIS in the project area
Holds public comment meetings on the Draft EIS in the project area
Responds to commentsand revises the Draft EIS
Responds to commentsand revises the Draft EIS
Issues Notice to Proceed with construction.
Issues Notice to Proceed with construction.
FERC Process
Conducts route studies and field surveys. Develops application.
Conducts route studies and field surveys. Develops application.
Commission Issues OrderCommission Issues Order
Submits outstanding information to satisfy conditions of Commission Order
Submits outstanding information to satisfy conditions of Commission Order
Requests use ofFERC’s Pre-Filing Process
Requests use ofFERC’s Pre-Filing Process
Assesses market need andconsiders project feasibilityAssesses market need andconsiders project feasibility
Receives Applicant’s request to conduct its review of the project within FERC’s NEPA Pre-Filing Process
Receives Applicant’s request to conduct its review of the project within FERC’s NEPA Pre-Filing Process
Parties can request FERCto rehear decision
Parties can request FERCto rehear decision
Issues Final EISIssues Final EIS
Holds public scoping meeting(s) andsite visits in the project area.
Consults with interested stakeholders.
Holds public scoping meeting(s) andsite visits in the project area.
Consults with interested stakeholders.
Formally Approves Pre-Filing Process and issues PF Docket No. to Applicant
Formally Approves Pre-Filing Process and issues PF Docket No. to Applicant
Holds open house to discuss projectHolds open house to discuss project
Files formal application with the FERCFiles formal application with the FERC
Contact Information
Federal Energy Regulatory Commission888 First Street, N.E.
Washington, DC 20426
FERC
Eric J. Tomasi
202.502.8097