September 25, 2022

Volume XII, Number 268

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Update: FERC Commissioners Vote Unanimously to Revise Pipeline Certificate and GHG Emission Policy Statements

The Federal Energy Regulatory Commission has reached consensus to revise the two policy statements it issued on February 18, 2022, impacting the permitting and construction of new natural gas pipeline facilities

During the March 24, 2022 FERC open meeting, Chairman Glick explained that the new order will:

  • Change the status of both policy statements to be “draft” policy statements

  • Reopen the comment period for both draft policy statements so that the Commission can re-engage with stakeholders and further develop the record

  • Further develop the record, and revise both policy statements to make them applicable only prospectively to any pipeline certificate applications that are filed subsequent to the issuance of any final versions of the policy statements.

Currently-pending certificate applications will be reviewed pursuant to the Commission’s 1999 Policy Statement  and relevant FERC and judicial precedent.  Although the vote was unanimous, each of the Commissioners indicated that they intend to issue separate statements explaining their position on the decision to change course on the policy statements.

Comments on the draft policy statements are due April 25, 2022, and reply comments are due May 25, 2022.

©2022 Pierce Atwood LLP. All rights reserved.National Law Review, Volume XII, Number 83
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About this Author

Nicholas Gladd Partner Attorney Regulation Energy Law Maine D.C. Office Pierce Atwood LLP
Partner

Nic Gladd represents clients in complex transactional, regulatory, and litigation matters spanning the energy industry. Nic is experienced in structuring and negotiating commercial agreements for energy projects and operating assets,  counseling on power market design and cost-of-service ratemaking, and representing clients before administrative agencies and appellate courts.

Prior to joining Pierce Atwood, Nic was of counsel in the Energy & Infrastructure practice in the Washington, D.C. office of a large international law firm. In that...

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Randall S. Rich Pierce Atwood Partner DC Energy Energy Infrastructure Project Development & Finance
Partner

Randall Rich is the Leader of our Energy Practice Group and the partner-in-charge of the Washington, DC office. Throughout his over 38 years of experience, beginning in the Office of General Counsel of the Federal Energy Regulatory Commission (FERC) and continuing for more than 23 years at Bracewell, LLP, Randy always strives to form close personal bonds with clients as well as trusting relationships with both regulators and his colleagues in the energy bar. He gains an intimate understanding of the business and legal needs of clients by working for extended periods in their offices, hand-...

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Valerie L. Green Pierce Atwood Partner DC  Energy Energy Infrastructure Project Development  Finance Litigation
Partner

Valerie Green focuses her practice on natural gas, electricity, renewable energy, and regulatory and compliance issues involving the Federal Energy Regulatory Commission (FERC) and other administrative agencies. Clients rely on Valerie’s responsiveness, attention to detail, and deep knowledge of regulatory process and precedent in proceedings involving administrative litigation, compliance audits and investigations, and in appellate litigation before the U.S. Court of Appeals for the District of Columbia Circuit. Valerie’s focus on coalition and consensus building in situations involving...

202-530-6415
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