Regulatory Process
Federal Energy Regulatory Commission, or FERC, is the agency that regulates the interstate transmission of natural gas, oil, and electricity. It also licenses, inspects and oversees environmental matters for hydroelectric projects and major electricity policy initiatives.
FERC implements laws passed by Congress, which give the Commission its legal authority to do business under Title 18 - Conservation of Power and Water Resources, Parts 1 to 399 - of the Federal Code of Regulations (CFR).
FERC's oversight role of natural gas
FERC's natural gas responsibilities include regulation of:
- Pipeline, storage and liquefied natural gas facility construction
- Interstate transportation of natural gas
- Facility abandonment
FERC also:
- Oversees the construction and operation of pipeline facilities at United States points of entry for the import or export of natural gas
- Issues certificates of public convenience and necessity to prospective companies providing energy services or constructing and operating interstate pipelines and storage facilities
- Establishes rates for services
Environmental protection procedures
With respect to natural gas projects, FERC safeguards the environment by:
- Disclosing, analyzing and minimizing impacts where it is feasible and reasonable to do so;
- Encouraging applicants to communicate with relevant federal and state natural resources agencies, Native American nations and state water quality agencies prior to submitting an application;
- Ensuring that all applicants perform the necessary studies to make an informed decision on the project;
- Issuing environmental assessments impact statement for comment on most projects;
- Requiring steps to reduce environmental impacts with any certificate issued;
- Visiting proposed project areas to determine the range of environmental issues requiring analysis and holding scoping meetings as appropriate.
For more information:
- Environmental guidelines
- Miscellaneous guidelines and reports
- Natural gas and the environment
Regulatory Process
The Federal Energy Regulatory Commission (FERC) is charged by Congress with determining whether or not proposed interstate pipeline projects are in the public interest. The information below explains the FERC's review process for the planned project, and how you can get involved in the process.
FERC Pre-Filing
When a pipeline company is ready to begin preparing its FERC application for approval, it will initiate what is known as the FERC pre-filing process prior to submittal of the application. The pre-filing process is facilitated by the FERC to encourage involvement by citizens, government entities and other interested parties in the very early design stages of a proposed project.
During the pre-filing process, the FERC notifies citizens, government entities and other interested parties of the proposed project and requests comments. As part of the pre-filing process, Sundance Trail may host a series of open houses in the areas potentially affected by the proposal. Representatives from FERC normally participate in these meetings as well. FERC may also hold public scoping meetings in the project area.
Once the pre-filing process begins, all documents and correspondence submitted to or issued by the FERC regarding the project can be accessed by referencing the Pre-Filing Docket Number on the FERC website located at http://elibrary.ferc.gov/idmws/search/fercgensearch.asp.
FERC Filing
An integral component to FERC’s review of a proposed project is the Application for a Certificate of Public Convenience and Necessity (Certificate Application). The Certificate Application is a comprehensive document that describes the proposed project, its need and potential environmental impacts.
Williams’ Northwest Pipeline anticipates filing its Certificate Application for the Sundance Trail Expansion in 2009.
Among other things, the Certificate Application contains a description of the new facilities, need for the project, detailed maps, schedules, and various environmental reports which detail the various studies and analyses that have been conducted to determine what effect construction and operation could potentially have on the environment and community. The environmental resource reports include an analysis of route alternatives, as well as an analysis of potential impacts to water resources, vegetation and wildlife, cultural resources, socioeconomics, soils, geology and land use.
When the Certificate Application is filed and a Certificate Proceeding (CP) docket number is assigned, a copy of the entire application will be made available for viewing at public libraries, as well as via the FERC Web site by referencing the project’s docket number.
Sundance Trail anticipates that once the Certificate Application is filed, the FERC will require an additional eight to 10 months to make a final decision on whether to issue a Certificate Order authorizing Williams’ Northwest Pipeline to construct the Sundance Trail Expansion.
Environmental Evaluation
Environmental Evaluation
The FERC will prepare an Environmental Impact Statement using information included in Sundance Trail’s certificate application, supplemental information that may be provided by Sundance Trail upon request, and information assembled by its own staff. The evaluation will describe the proposed project and alternatives and will identify existing environmental conditions and the potential impacts from the project. The evaluation will also indicate what mitigation measures, construction procedures, and routing could be included in the project to eliminate or reduce impacts.
The draft Environmental Impact Statement will be mailed to federal, state, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; affected landowners; other interested parties; local libraries and newspapers. FERC will establish a public comment period to provide amble time for the pubic to review the evaluation. Once the comment period ends, FERC will issue a final Environmental Impact Statement which address comments by all interested parties.
Certificate of Public Need and Necessity
If FERC is satisfied that the project is in the public interest, the FERC will issue an Order granting a Certificate of Public Convenience and Necessity. FERC issues this document to signify that approval has been granted to build and operate the pipeline. Comments received on the environmental evaluation are typically addressed by FERC in this document. The certificate will detail the conditions of the approval, including the final route that FERC has authorized, and construction and mitigation measures that Sundance Trail must follow.