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

Eric.Tomasi@ferc.gov