Jenna R. DiFrancesco Burns White LLC Pittsburgh, Pennsylvania 1. Due to recent technological developments, the production of natural gas in the United

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Jenna R. DiFrancesco Burns White LLC Pittsburgh, Pennsylvania 1. Due to recent technological developments, the production of natural gas in the United"

Transcription

1 From Fracking to FERC to Finland, Part I : The Federal Energy Regulatory Commission Application Process for Natural Gas Pipelines A Case Study of the Rover Pipeline I. Introduction and Overview Jenna R. DiFrancesco Burns White LLC Pittsburgh, Pennsylvania 1 Due to recent technological developments, the production of natural gas in the United States has grown exponentially, as producers ability to extract natural gas from shale formations increases. With the increased production of shale gas comes the need for natural gas pipeline infrastructure to not only locally extract and gather gas, but to also transport natural gas from producing regions, like the Appalachian Basin, to consumers across the country and internationally. 2 Upon completion, the seven hundred and thirteen (713) mile Rover Pipeline will be capable of transporting over three billion cubic feet of natural gas per day (BCF\day) from the Marcellus and Utica Shale Basins across the United States and into the Canadian Union Gas Dawn Storage Hub in Ontario, Canada. The Rover Pipeline will enable transportation of domestically produced natural gas to markets in the Midwest, Northeast, East Coast, and the Gulf Coast, with direct deliveries to Ohio, West Virginia, Michigan, and Canada. The Rover Pipeline, currently under construction with an approximate cost of four billion two hundred million dollars ($4,200,000,000.00), will deliver up to sixty-eight (68) percent of transported gas for distribution to markets throughout the United States. The remaining natural gas will be delivered via an interconnect with the existing Vector Pipeline in Livingston County, Michigan, which will distribute the natural gas to local distribution companies, Michigan storage fields and 1 The opinions expressed in this article are the author s alone and should not be attributed to Burns White LLC. Nothing in this article should be construed as legal advice. 2 Paul W. Paromak, Interstate Natural Gas Pipelines: Process and Timing of FERC Permit Application Review, (Cong. Research Serv., CRS Report for Congress Order Code R43138, January 16, 2015). Paper 10A 1

2 on to the Dawn Hub in Canada, which has a broader network of distribution points back into the United States, the Northeast and into the Canadian market. 3 In addition to the extensive pipeline, which will transport natural gas through twenty-four (24) inch, thirty-six (36) inch and forty-two (42) inch pipeline, the Rover Pipeline will consist of four mainline compressor stations, six supply lateral compressor stations, and other ancillary facilities along the pipeline route. 4 The Rover Pipeline is slated to be placed into service in the first quarter of 2018, with Phase 1 of the project estimated to be in service by the end of this year. 5 Phase 1a of the project, running from Cadiz, Ohio to Defiance, Ohio, has already been completed as of August 31, 2017, when this portion of the Rover Pipeline was successfully put into service. 6 Section 7(c) of the Natural Gas Act of 1938 authorizes the Federal Energy Regulatory Commission (hereinafter also referred to as FERC and the Commission ) to formally issue certificates of public convenience and necessity (hereinafter also referred to as Certificate or Certificates ) for construction of interstate pipeline facilities. Prior to constructing the Rover Pipeline, Energy Transfer Partners, the Dallas based company primarily overseeing the project through ET Rover Pipeline Company LLC (hereinafter also referred to ET Rover ), was required to obtain a certificate from FERC, a process that took over a year and a half. While the process for obtaining certificates is lengthy and subject to detailed statutory requirements, including periods of public comment and an environmental review process, the process can oftentimes be expedited by utilizing the Commission s pre-filing procedures which were 3 The Facts on Rover Pipeline Project, Rover Pipeline Website, (September 19, 2017), 4 Ibid. 5 Press Release, Energy Transfer Partners, L.P., Energy Transfer Receives FERC Approval to Resume Horizontal Directional Drilling Operations on the Rover Pipeline Project (September 19, 2017), available at 6 Ibid. Paper 10A 2

3 established to encourage the certificate applicant to perform early project development and begin communicating with the community and other necessary governmental agencies well in advance of filing the certificate application. 7 Even after utilizing pre-filing procedures, it still took almost three (3) years for ET Rover to obtain the necessary approval for the Rover Pipeline from FERC. The statutory pre-filing process for interstate natural gas pipeline facilities allows the prospective certificate applicant to address certain community and environmental concerns prior to filing an application for a certificate. It also enables the certificate applicant to obtain the Commission s help in resolving issues prior to filing the formal application for a certificate of public convenience and necessity. In May of 2014, ET Rover formally undertook FERC s prefiling process in order to expedite the Certificate process for the Rover Pipeline. 8 Upon obtaining the required approval from FERC to utilize the pre-application procedure, ET Rover began implementation of community outreach programs and environmental analysis regarding the impact of the construction of the Rover Pipeline, as detailed in their formal Request to Initiate FERC Pre-Filing Review Process. 9 Utilizing pre-filing procedures, ET Rover was not only able to resolve certain environmental issues prior to the application process, thus expediting the pipeline through the FERC approval network, but they were also able to begin an early dialogue with members of the community who would be affected by construction of the Rover Pipeline. 10 Thus, the Rover Pipeline was able to enjoy the benefits of an expedited certificate application process, allowing ET Rover to move through the FERC regulatory network and obtain the certificate necessary to construct the Rover Pipeline. 7 Paul W. Paromak, Interstate Natural Gas Pipelines: Process and Timing of FERC Permit Application Review, (Cong. Research Serv., CRS Report for Congress Order Code R43138, January 16, 2015). 8 Request to Initiate FERC Pre-Filing Review Process, FERC Docket No. PF (June 25, 2014). 9 Ibid. 10 Interested parties or affected parties are commonly referred to as stakeholders, and will be referred to throughout this paper as the same. Paper 10A 3

4 II. Rover Pipeline: Utilization of Pre-filing Procedures with FERC Before embarking on utilization of any pre-filing or application procedures, the company who intends to build an interstate natural gas pipeline must first plan. The initial step in planning is identifying market issues, including market needs, and ensuring the ability to connect with other interstate pipelines, LNG-facilities, or natural gas processing plants. 11 The Rover Pipeline originated as a result of discussions with natural gas producers in the Marcellus and Utica Shale areas of Pennsylvania, West Virginia, and Ohio seeking to move their production to markets in the Midwest and Canada. 12 If market conditions support construction of an interstate natural gas pipeline, a pipeline route is then selected. Upon selecting a route, the surface owners owning the property along the route are contacted and easement negotiations are commenced. 13 Surveys are prepared, as are formal environmental resource reports that are eventually filed with the certificate application. 14 When utilizing FERC s pre-application procedure, several of the aforementioned planning steps will take place as part of the pre-filing process. The Commission allows applicants for interstate pipelines to utilize a pre-filing procedure that provides multiple benefits during the application process and encourages the pipeline applicant to engage in early project development with the community and other relevant government agencies. The goal of the Commission s pre-filing process is to notify all interested parties of the project, including potentially affected property owners, so that the pipeline company and the Commission can provide a forum to hear all relevant issues. Identifying and 11 Paul W. Paromak, Interstate Natural Gas Pipelines: Process and Timing of FERC Permit Application Review, (Cong. Research Serv., CRS Report for Congress Order Code R43138, January 16, 2015). 12 Request to Initiate FERC Pre-Filing Review Process, FERC Docket No. PF (June 25, 2014). 13 See Pre-filing for Natural Gas Pipelines, https://www.ferc.gov/resources/processes/flow/gas-1.asp (Accessed September 9, 2017).. 14 Ibid. Paper 10A 4

5 addressing issues prior to the application process allows the incorporation of proposed mitigation measures into the project design, rather than having to address problems and potentially redesign a project during the application process. 15 Companies not involved in the pre-filing process forfeit the opportunity to address the concerns of interested parties prior to filing their Certificate Applications. While it is statutorily mandated that applicants for LNG facilities utilize the prefiling procedure, applicants for interstate natural gas pipelines are not required to use the prefiling process. 16 Prior to filing the necessary Request to Initiate the FERC Pre-Filing Review Process with the Commission, requesting FERC s approval for the prospective applicant to use the pre-filing process, prospective applicants must first meet to consult with FERC on the nature of the project, the content of the pre-filing request, and the status of the prospective applicant's progress toward obtaining the information required for the initial pre-filing request. This consultation will also include discussion of whether a third-party contractor is likely to be needed for the project and any prior solicitation by the applicant for prospective third-party contractors to prepare the environmental documentation for the project. 17 Representatives of ET Rover met with the Commission Staff on May 28, 2014 to discuss the Rover Pipeline Project and their intent to file a Request to Initiate the FERC Pre-Filing Review Process. 18 On June 25, 2014, ET Rover submitted a request to the Commission s Director Office of Energy Projects to issue a notice approving the use of the FERC Pre-Filing Review Process for the Rover Pipeline Project. 19 ET Rover specifically sought to use the pre-filing process to provide environmental records and assistance to FERC, so the Commission could conduct an 15 Ibid CFR (a), 18 CFR (b) CFR (d). 18 Request to Initiate FERC Pre-Filing Review Process, FERC Docket No. PF (June 25, 2014). 19 Ibid. Paper 10A 5

6 early review of environmental documentation and participate in ET Rover s public participation plan, thus facilitating the timely development of a complete record to support the conclusion that the Rover Pipeline Project was in the public convenience and necessity. 20 In their request to use pre-filing procedures, ET Rover stated that the pre-filing process would be beneficial in the following ways: assisting ET Rover in developing initial information about the proposal and identifying affected parties; facilitating issue identification, study needs, and issue resolution; conducting site visits, examining alternatives, meeting with agencies and stakeholders and participating in public information meetings (Open Houses); and, reviewing and commenting on the draft Resource Reports for the Certificate application. 21 In addition to stating the reason the applicant is requesting to use the pre-filing procedure, the request must also meet the statutory requirements as set forth in 18 CFR (d). The request to use pre-filing procedures must contain certain information, including the following: a description of the proposed schedule for the project, including the expected application filing date and the desired date for Commission approval; a detailed description of the project, including location maps and plot plans to scale for review of interested parties; a list of the relevant federal and state agencies with permitting requirements; a list and description of the interest of persons and organizations who have been contacted about the project; a description of what work has already been done, e.g., contacting stakeholders, route planning, or environmental surveys/studies; identification of any third parties under contract to develop the project; proposals for at least three prospective third-party contractors to assist in the preparation of the requisite environmental documentation; acknowledgement that a complete Environmental Report and complete application are required at the time of filing; and, a description of a Public 20 Ibid. 21 Ibid. Paper 10A 6

7 Participation Plan which identifies specific tools and actions to facilitate stakeholder communications and public information, including a project website and a single point of contact. 22 Once the Request to Initiate FERC Pre-Filing Review Process has been reviewed, FERC issues a notice approving or disapproving use of the pre-filing procedures, determining whether the prospective applicant has adequately addressed the statutory application requirements of 18 CFR The pre-filing process is deemed to have commenced on the date of FERC s notice, and the date of such notice is used in determining whether the date an application is filed is at least one hundred eighty (180) days after commencement of the pre-filing process. 23 Upon approval, the prospective applicant must then be prepared to meet the time sensitive requirements of 18 CFR (f), including the following: (1) Within seven (7) days and after consultation with Commission staff, the prospective applicant must establish the dates and locations for open houses and meetings with stakeholders (including agencies) and Commission staff; (2) Within fourteen (14) days, the prospective applicant must contract with the selected third-party contractor and contact all stakeholders not already informed about the project; and, (3) Within thirty (30) days, the prospective applicant must submit a stakeholder mailing list to Commission staff and file a draft of Resource Report 1, CFR (d) CFR (e)(3). Paper 10A 7

8 in accordance with (c) 24, and a summary of the alternatives considered or under consideration. In addition to the above requirements, the potential applicant must file status reports on a monthly basis detailing the applicant's project activities including surveys, stakeholder communications, and agency meetings. The potential applicant must also be prepared to attend site visits and other stakeholder and agency meetings arranged by the Commission staff. 25 One of the primary benefits of utilizing FERC s pre-application process is to initiate contact with stakeholders as early as possible, so their concerns can be addressed early in FERC s pipeline approval process. To facilitate communication with stakeholders, open houses and scoping meetings are held during the pre-application process. Open houses are sponsored by the pipeline company, and scoping meetings are sponsored by FERC. The applicant is able to share information about the project with the public at open houses, as well as listen to the concerns of affected stakeholders. These will often be attended by Commission staff to answer questions, discuss the pre-filing process, and invite individuals to participate in certain portions of the application proceedings. 26 ET Rover held thirteen (13) open houses throughout West Virginia, Ohio, Pennsylvania and Michigan during July and September of 2014 as required by the pre-application process. 27 FERC sponsored scoping meetings are utilized to identify relevant environmental issues pursuant to NEPA 28. Scoping, the process of defining and shaping the extent of an environmental impact statement (hereinafter referred to as the EIS ) or environmental assessment (hereinafter 24 This report is required for all applications under the Natural Gas Act. It must describe facilities associated with the project, special construction and operation procedures, construction timetables, future plans for related construction, compliance with regulations and codes, and permits that must be obtained CFR (f)(7). 26 Paul W. Paromak, Interstate Natural Gas Pipelines: Process and Timing of FERC Permit Application Review, (Cong. Research Serv., CRS Report for Congress Order Code R43138, January 16, 2015). 27 Request to Initiate FERC Pre-Filing Review Process, FERC Docket No. PF (June 25, 2014) U.S.C et seq. Paper 10A 8

9 referred to as the EA ), is a major opportunity for public involvement. Information gathered at scoping meetings assists the company in preparing environmental mitigation measures to present in its environmental resource reports filed with the Commission in its certificate application. This information also assists FERC in issuing more comprehensive environmental documentation to the public. 29 Not only are prospective applicants required to attend scoping meetings, it is statutorily mandated that they are prepared to provide a description of the proposed project and to answer questions from the public at scoping meetings. 30 Throughout November and December of 2014, ten (10) different scoping meetings were held by FERC, in Ohio, West Virginia and Michigan. 31 FERC s involvement in the pre-application process is not simply limited to review of filings and scoping meetings. Depending on the scope of the project, the Commission will also assist the prospective applicant in developing initial information about the proposal and identifying affected parties; issuing an environmental scoping notice and conducting such scoping necessary for the proposal; reviewing draft Resource Reports; conducting site visits; and, initiating the preparation of a preliminary Environmental Assessment or Draft Environmental Impact Statement. 32 Once the scoping comment period ends, the prospective applicant has fourteen (14) days to respond to issues raised during scoping. The scoping period for the Rover Pipeline closed on December 18, 2014, although comment letters continued to be posted on the Pre-filing Docket. Within sixty (60) days of the end of the scoping comment period, the prospective applicant must 29 Paul W. Paromak, Interstate Natural Gas Pipelines: Process and Timing of FERC Permit Application Review, (Cong. Research Serv., CRS Report for Congress Order Code R43138, January 16, 2015) CFR (f)(7). 31 Resource Report 1, FERC Docket No. CP (February 22, 2015) CFR (g) Paper 10A 9

10 file Resource Reports One (1) through Twelve (12) 33 (hereinafter also referred to as Resource Reports ) with the Commission. 34 In addition to requiring that the prospective applicant wait a period of one hundred eighty (180) days from receiving the Director s notice approving the use of the pre-filing process, the prospective applicant must also file revised drafts of any Resource Reports, if requested by Commission staff, at least sixty (60) days prior to filing an application 35. Once the requisite one hundred eighty (180) day period has passed, and at least sixty (60) days has gone by since original or revised Resource Reports have been filed, the prospective applicant may then begin the application process for a certificate for an interstate natural gas pipeline. III. FERC Application Process Federal statute bestows broad approval powers upon the Commission in overseeing the construction of interstate pipelines, beginning with the application process for the same. The application process for a certificate of public convenience and necessity is somewhat dependent on whether or not a voluntary pre-filing process was utilized by the pipeline applicant prior to submitting a formal application for a certificate with the Commission. Federal law mandates that construction or extension of natural gas facilities that are subject to the jurisdiction of FERC cannot be undertaken unless there is a certificate of public 33 The Resource Reports are as follows: Resource Report 1 - General Project Description; Resource Report 2 - Water Use and Quality; Resource Report 3 - Fish, Wildlife, and Vegetation; Resource Report 4 - Cultural Resources; Resource Report 5 Socioeconomics; Resource Report 6 - Geological Resources; Resource Report 7 Soils; Resource Report 8 - Land Use, Recreation, and Aesthetics; Resource Report 9 - Air Quality and Noise; Resource Report 10 Alternatives; Resource Report 11 - Reliability and Safety; and, Resource Report 12 - PCB Contamination. https://www.ferc.gov/industries/gas/enviro/guidelines/report-preparation-volume-1.pdf. Federal Energy Regulatory Commission. Office of Energy Projects. Guidance Manual for Environmental Report Preparation for Applications Filed Under the Natural Gas Act. Volume I. December CFR (f) CFR (f)(11). Paper 10A 10

11 convenience and necessity issued by FERC authorizing such acts or operations. 36 Applications for certificates of public convenience and necessity must be made in writing to the Commission, verified under oath, and served upon interested parties. 37 The Commission is granted the regulatory discretion to designate the form, necessary information, and notice requirements, including interested parties and manner of service, for the application. 38 FERC may also issue temporary certificates of public convenience and necessity in cases of emergency, without notice or hearing, in order to maintain adequate service or to serve particular customers, pending the determination of an application for a certificate. 39 The formal application for a certificate must meet certain requirements regarding the contents of the same. The application must include a description of the proposed pipeline, route maps, construction plans, schedules, and a list of other statutory and regulatory requirements, including permits needed from other agencies. Environmental information must also be included in the application, including environmental reports analyzing route alternatives, studies of potential environmental impacts, cultural resources, soils, geology, aesthetic resources, and land use. 40 Much of the information that is part of the application for a certificate has already been presented to the Commission when pre-filing procedures are used. When the pipeline applicant has utilized the pre-application filing process, as Rover Pipeline did, the application for the certificate must be submitted at least one hundred eighty (180) days after FERC issues a notice approving use of the pre-filing procedures. 36 Section 7(c) of the Natural Gas Act [15 U.S.C. 717f]; 18 C.F.R See also 18 C.F.R , U.S. Code 717f(d). 38 Ibid U.S. Code 717f(c)(1)(B) 40 Congressional Research Service article. Paper 10A 11

12 The application for the Rover Pipeline was submitted on February 20, The docket for the Rover Pipeline, as is typical in projects of this magnitude, is voluminous and contains records from not only the Commission and the applicant, but from all interested parties. While FERC accepts and reviews all public comments during its application process, the filing of a public comment does not make the commenter party to the Certificate proceedings; only intervenors to the proceeding have the right to file briefs, attend hearings, and appeal the Commission s decision regarding the Certificate. 42 Once an application has been submitted to the Commission, a notice is issued to all interested parties. If the pre-application process has been utilized, the application is immediately reviewed and if necessary, data requests are issued upon completion of the review. In the event the pre-application process was not utilized, scoping is conducted to identify environmental issues. After reviewing the application, the Commission may issue a preliminary determination of need upon non-environmental factors. The environmental review process for Certificate Applications largely requires examination of the environmental impacts that construction of an interstate pipeline to ensure compliance with the National Environmental Policy Act (hereinafter referred to as NEPA, 42 U.S.C et seq.) and regulations promulgated by the Council of Environmental Quality (hereinafter referred to as CEQ, 40 C.F.R ). Under NEPA, federal agencies are required to consider not only the potential impacts of pipeline construction, but also to inform the public of those potential impacts prior to construction. The Energy Act of 2005 has appointed 41 Application for Certificate of Public Convenience and Necessary, FERC Docket No. CP (February 22, 2015). 42 Intervenors are also able to challenge final Commission actions in the U.S. Circuit Court of Appeals. A motion to intervene must be filed must be filed pursuant to the Commission s rules as set forth in 18 C.F.R An intervening party will receive the applicant s filings, FERC filed documents, as well as materials filed by other interested parties, and are required to mail their own filings to all other parties to the proceeding. Paper 10A 12

13 FERC as the lead agency coordinating all NEPA compliance and all necessary Federal authorizations in conjunction with Certificate approval. 43 During the environmental review process, an environmental impact statement (EIS) and environmental assessment (EA) are both drafted and circulated to cooperating agencies for review, formal drafts are issued, and a comment period commences allowing for public comment on both documents. a hearing is set and all interested parties are noticed of the same. 44 Cooperating agencies for a pipeline project often include the Environmental Protection Agency; the Department of Transportation s Pipeline and Hazardous Materials Safety Administration; the Department of the Interior s Bureau of Land Management, Fish and Wildlife Service; the National Park Service; and the Army Corps of Engineers, among others. A Commission order is rendered regarding the EA and the applicant is given the opportunity to respond to the same. Unlike the EA, the opportunity to respond to comments and revise the EIS is given prior to the issuance of an order. Once a final EIS has been issued, the Commission makes the final decision whether to approve or deny the project A Certificate will be issued to any qualified applicant, if it is found that the applicant is able and willing properly to do the acts and to perform the service proposed and to conform to the Natural Gas Act and the requirements, rules, and regulations of the Commission thereunder, and if the proposed service, sale, operation, construction, extension, or acquisition, is or will be required by the present or future public convenience and necessity. 47 Ultimately, FERC s decision whether to grant or deny a pipeline Certificate is based upon a determination whether the pipeline project would in the best interest of the public. The primary factors FERC reviews in 43 Paul W. Paromak, Interstate Natural Gas Pipelines: Process and Timing of FERC Permit Application Review, (Cong. Research Serv., CRS Report for Congress Order Code R43138, January 16, 2015). 44 Ibid. 45 Ibid. 46 Please see the accompanying Part II of this presentation by Jennifer Beresky for a more detailed explanation of environmental requirements of the application process, as many requirements for LNG facilities also apply to interstate pipelines U.S. Code 717f(e). Paper 10A 13

14 determining whether the proposed pipeline is in the public interest include the following: the possibility of overbuilding; the subsidization by existing customers; potential environmental impacts; and, avoiding the unnecessary use of eminent domain. Of the aforementioned factors, the majority of FERC s review is encompassed by environmental review. 48 On February 2, 2017, FERC issued the Certificate of Public Convenience and Necessity for the construction of the Rover Pipeline. The Certificate not only grants the approval to construct an interstate pipeline, but also dictates the terms and conditions upon which approval is being granted, including the authorized pipeline routes, and any construction or environmental mitigations measures required for the project. 49 The FERC issued Certificate also confers eminent domain authority on the developer by the authority granted in 15 U.S. Code 717f(h), which provides, When any holder of a Certificate of public convenience and necessity cannot acquire by contract, or is unable to agree with the owner of property to the compensation to be paid for, the necessary right-of-way to construct, operate, and maintain a pipe line or pipe lines for the transportation of natural gas, and the necessary land or other property, in addition to right-of-way, for the location of compressor stations, pressure apparatus, or other stations or equipment necessary to the proper operation of such pipe line or pipe lines, it may acquire the same by the exercise of the right of eminent domain in the district court of the United States for the district in which such property may be located, or in the State courts. 48 Paul W. Paromak, Interstate Natural Gas Pipelines: Process and Timing of FERC Permit Application Review, (Cong. Research Serv., CRS Report for Congress Order Code R43138, January 16, 2015). 49 Ibid. Paper 10A 14

15 In the event that an application is denied, the applicant (and the public) has the option to overturn the decision within FERC, or by using the federal court system. If pursuing the matter through the FERC system, the applicant may either ask FERC to rehear the case, or have the case referred to a FERC Administrative Law Judge. 50 Receiving a certificate of public convenience and necessity is not the final hurdle to clear prior to beginning construction on the pipeline. The company will also need to obtain Clean Water Act, Coastal Zone Management Act and Clean Air Act permits before any earth can be moved. Furthermore, the pipeline developer should always be cognizant of state and local regulations that must be complied with. The Rover Pipeline has also had some challenges and setbacks during both the approval process and the construction phase. Once a Certificate is obtained, FERC still retains the power to oversee the construction of the project. The Commission is granted broad powers to oversee environmental matters related to natural gas projects and was recently involved in regulating environmental issues that arose during Phase I of construction, when multiple pipeline related environmental incidents occurred. 51 IV. Current Status of the Federal Energy Regulatory Commission FERC is an independent federal agency in charge of regulating the interstate transmission of electricity, natural gas, and oil. The Commission is headed by five Commissioners, although it was not until recently that a quorum of Commissioners were seated on the board. Commissioners serve five-year terms and have an equal vote on regulatory matters. 50 Ibid. 51 Steven Mufson, U.S. Blocks Major Pipeline After 18 Leaks and a 2 Million Gallon Spill of Drilling Mud, The Washington Post, May 10, at https://www.washingtonpost.com/news/energy-environment/wp/2017/05/10/pipelineshut-down-after-18-leaks-and-a-2-million-gallon-spill-of-drilling-materials/?utm_term=.f3e0c11020a9. Paper 10A 15

16 On August 3, 2017, FERC achieved a quorum of commissioners when the Senate approved two Republicans to serve on the commission. Upon approval, Neil Chatterjee 52 and Robert F. Powelson 53 joined Democrat Commissioner Cheryl A. LaFleur. Furthermore, Neil Chatterjee was confirmed as the FERC Chairman on August 10, 2017, replacing Cheryl A. LaFleur, who had been the acting chairman since January 25, Ms. LaFleur was acting Chairman when Rover Pipeline was issued its certificate on February 2, Two additional nominees to serve on the Commission are Kevin McIntyre 55 and Rich Glick 56. Both nominees received unanimous votes from the Senate Energy and Natural Resources Committee and are awaiting a vote before the full Senate. It is the hope of many natural gas producers that with five Commissioners in place, the rate of application review and issuance of certificates will increase. In addition to regulating interstate pipelines and LNG-facilities, FERC handles a vast number of other matters in the electric, hydropower, and oil industries. Other duties include: regulating the transmission and wholesale sales of electricity in interstate commerce; reviewing certain mergers and acquisitions and corporate transactions by electricity companies; regulating the transportation of oil by pipeline in interstate commerce; monitoring and investigating energy markets; and, licensing and inspecting private, municipal, and state hydroelectric projects. 52 Prior to joining FERC, Neil Chatterjee, of Kentucky, was an energy advisor to Senate Majority Leader Mitch McConnell. 53 Prior to joining FERC, Robert F. Powelson served on the Pennsylvania Public Utility Commissioners and as president of the National Association of Regulatory Utility Commissioners. 54 See https://www.ferc.gov/about/com-mem/prev-chairmen.asp (Accessed September 19, 2017). 55 Kevin McIntyre is a Republican former energy industry advisor with the global firm Jones Day. It is believed he will replace Neil Chatterjee as the FERC Chairman upon appointment. 56 Rich Glick currently serves as the Democratic General Counsel for the Senate Committee on Energy and Natural Resources. Paper 10A 16

17 V. Conclusion The Rover Pipeline will be a major mode of transporting natural gas upon completion, capable of delivering billions of cubic feet of gas daily to markets across the United States and Canada. There are numerous agencies to deal with when constructing and operating a pipeline of the caliber as the Rover Pipeline and the Federal Energy Regulatory Commission played a major role in the ensuring the pipeline was built in a way that was environmentally acceptable under NEPA and DOT standards, but also in a way that comported with the communities that the pipeline affects. Without a Certificate from FERC, the Rover Pipeline would not be a reality and recent challenges to the pipeline continue to keep FERC involved in oversight of the Rover Pipeline. With a recently achieved quorum and the prospect of filling all five Commissioner seats on the horizon, it would appear that many more pipelines like the Rover Pipeline will work their way through the pre-application and application process in the future. Jenna R. DiFrancesco Burns White LLC th Street Pittsburgh, PA Paper 10A 17

Sandra Y. Snyder Regulatory Attorney for Environment & Personnel Safety

Sandra Y. Snyder Regulatory Attorney for Environment & Personnel Safety Interstate Natural Gas Association of America Submitted via www.regulations.gov May 15, 2017 U.S. Environmental Protection Agency Office of Regulatory Policy and Management Office of Policy 1200 Pennsylvania

More information

UNITED STATES OF AMERICA 134 FERC 62,197 FEDERAL ENERGY REGULATORY COMMISSION. Clean River Power 15, LLC Project No

UNITED STATES OF AMERICA 134 FERC 62,197 FEDERAL ENERGY REGULATORY COMMISSION. Clean River Power 15, LLC Project No UNITED STATES OF AMERICA 134 FERC 62,197 FEDERAL ENERGY REGULATORY COMMISSION Clean River Power 15, LLC Project No. 13874-000 ORDER ISSUING PRELIMINARY PERMIT AND GRANTING PRIORITY TO FILE LICENSE APPLICATION

More information

TABLE OF CONTENTS. Jurisdiction and authority of commission. CHAPTER 1 PRELIMINARY PROVISIONS

TABLE OF CONTENTS. Jurisdiction and authority of commission. CHAPTER 1 PRELIMINARY PROVISIONS GAS AND HAZARDOUS LIQUIDS PIPELINES ACT - ENACTMENT Act of Dec. 22, 2011, P.L. 0, No. 127 Cl. 66 An Act Providing for gas and hazardous liquids pipelines and for powers and duties of the Pennsylvania Public

More information

160 FERC 61,058 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION

160 FERC 61,058 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION 160 FERC 61,058 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Before Commissioners: Neil Chatterjee, Chairman; Cheryl A. LaFleur, and Robert F. Powelson. California Independent System Operator

More information

161 FERC 61,084 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION

161 FERC 61,084 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION 161 FERC 61,084 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Before Commissioners: Neil Chatterjee, Chairman; Cheryl A. LaFleur, and Robert F. Powelson. Valley Crossing Pipeline, LLC Docket

More information

CHAPTER 20. GAS AND HAZARDOUS LIQUID PIPELINE SAFETY

CHAPTER 20. GAS AND HAZARDOUS LIQUID PIPELINE SAFETY CHAPTER 20. GAS AND HAZARDOUS LIQUID PIPELINE SAFETY Subchapter Section 1. General Provisions... 165:20-1-1 3. Pipeline Assessments... 165:20-3-1 5. Safety Regulations for Gas Pipelines... 165:20-5-1 7.

More information

Federal Energy Policy Update Developments Affecting Renewable Energy. Federal Energy Policy Update Developments Affecting Renewable Energy

Federal Energy Policy Update Developments Affecting Renewable Energy. Federal Energy Policy Update Developments Affecting Renewable Energy Federal Energy Policy Update Developments Affecting Renewable Energy Kevin J. McIntyre, Jones Day Eighth Annual Conference: Renewable Energy in the Midwest Presented by Law Seminars International October

More information

DOCKET NO. D CP-3 DELAWARE RIVER BASIN COMMISSION. Drainage Area to Special Protection Waters

DOCKET NO. D CP-3 DELAWARE RIVER BASIN COMMISSION. Drainage Area to Special Protection Waters DOCKET NO. D-2001-038 CP-3 DELAWARE RIVER BASIN COMMISSION Drainage Area to Special Protection Waters Eagle Creek Hydro Power, LLC Toronto, Cliff Lake, & Swinging Bridge Hydroelectric Dam System Towns

More information

LEGISLATIVE RESEARCH COMMISSION PDF VERSION

LEGISLATIVE RESEARCH COMMISSION PDF VERSION CHAPTER 365 PDF p. 1 of 14 CHAPTER 365 (SB 257) AN ACT relating to electric generating facilities and declaring an emergency. Be it enacted by the General Assembly of the Commonwealth of Kentucky: SECTION

More information

UNITED STATES OF AMERICA 118 FERC 62,144 FEDERAL ENERGY REGULATORY COMMISSION

UNITED STATES OF AMERICA 118 FERC 62,144 FEDERAL ENERGY REGULATORY COMMISSION UNITED STATES OF AMERICA 118 FERC 62,144 FEDERAL ENERGY REGULATORY COMMISSION Public Utility District No. 1 of Snohomish County, Project No. 12689-000 Washington ORDER ISSUING PRELIMINARY PERMIT (Issued

More information

A BILL. To enhance the management and disposal of spent nuclear fuel and high-level radioactive

A BILL. To enhance the management and disposal of spent nuclear fuel and high-level radioactive A BILL To enhance the management and disposal of spent nuclear fuel and high-level radioactive waste, to assure protection of public health and safety, to ensure the territorial integrity and security

More information

RULES OF PRACTICE AND PROCEDURE

RULES OF PRACTICE AND PROCEDURE RULES OF PRACTICE AND PROCEDURE 501. APPLICABILITY OF RULES OF PRACTICE AND PROCEDURE a. General. These rules shall be known and designated as Rules of Practice and Procedure before the Oil and Gas Conservation

More information

8.130, 8.201, 8.235, 8.310, and 8.315, relating to General Applicability and Standards; Definitions;

8.130, 8.201, 8.235, 8.310, and 8.315, relating to General Applicability and Standards; Definitions; Railroad Commission of Texas Page 1 of 16 The Railroad Commission of Texas (Commission) proposes amendments to 8.1, 8.5, 8.101, 8.130, 8.201, 8.235, 8.310, and 8.315, relating to General Applicability

More information

REPORT TO CONGRESS. Background

REPORT TO CONGRESS. Background REPORT TO CONGRESS Under the Temporary Payroll Tax Cut Continuation Act of 2011 Section 501(b)(2) Concerning the Presidential Permit Application of the Proposed Keystone XL Pipeline On December 23, 2011,

More information

(764936)

(764936) UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Before Commissioners: Martha O. Hesse, Chairman; Charles G. Stalon, Charles A. Trabandt, Elizabeth Anne Moler and Jerry J. Langdon. The Kansas

More information

CUSHMAN PROJECT FERC Project No Settlement Agreement for the Cushman Project

CUSHMAN PROJECT FERC Project No Settlement Agreement for the Cushman Project CUSHMAN PROJECT FERC Project No. 460 Settlement Agreement for the Cushman Project January 12, 2009 Cushman Project FERC Project No. 460 Settlement Agreement for the Cushman Project Table of Contents Page

More information

The Repeal of the Public Utility Holding Company Act of 1935 (PUHCA 1935) and Its Impact on Electric and Gas Utilities

The Repeal of the Public Utility Holding Company Act of 1935 (PUHCA 1935) and Its Impact on Electric and Gas Utilities The Repeal of the Public Utility Holding Company Act of 1935 (PUHCA 1935) and Its Impact on Electric and Gas Utilities (name redacted) Legislative Attorney November 20, 2006 Congressional Research Service

More information

UNITED STATES OF AMERICA105 FERC 61,307 FEDERAL ENERGY REGULATORY COMMISSION

UNITED STATES OF AMERICA105 FERC 61,307 FEDERAL ENERGY REGULATORY COMMISSION UNITED STATES OF AMERICA105 FERC 61,307 FEDERAL ENERGY REGULATORY COMMISSION Before Commissioners: Pat Wood, III, Chairman; Nora Mead Brownell, Joseph T. Kelliher, and Suedeen G. Kelly.. Duke Energy North

More information

L. Regulation of surface water transfers. (a) Certificate Required. No person, without first obtaining a certificate from the Commission,

L. Regulation of surface water transfers. (a) Certificate Required. No person, without first obtaining a certificate from the Commission, 143-215.22L. Regulation of surface water transfers. (a) Certificate Required. No person, without first obtaining a certificate from the Commission, may: (1) Initiate a transfer of 2,000,000 gallons of

More information

West Virginia Manufactured Housing Construction Safety Standards Act. Chapter 21, Article 9 Code of West Virginia and Legislative Rule

West Virginia Manufactured Housing Construction Safety Standards Act. Chapter 21, Article 9 Code of West Virginia and Legislative Rule West Virginia Manufactured Housing Construction Safety Standards Act Chapter 21, Article 9 Code of West Virginia and Legislative Rule CHAPTER 21. LABOR. ARTICLE 9. MANUFACTURED HOUSING CONSTRUCTION AND

More information

The Middleby Corporation and Viking Range LLC, Provisional Acceptance of a Settlement

The Middleby Corporation and Viking Range LLC, Provisional Acceptance of a Settlement This document is scheduled to be published in the Federal Register on 04/14/2017 and available online at https://federalregister.gov/d/2017-07557, and on FDsys.gov 6355-01-M CONSUMER PRODUCT SAFETY COMMISSION

More information

State and Federal Legislative Process

State and Federal Legislative Process State and Federal Legislative Process Amy Zubaly Executive Director Florida Municipal Electric Association (850) 224-3314, ext. 1 azubaly@publicpower.com www.publicpower.com Michael J. Nolan President

More information

UNITED STATES SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES ALASKA NATURAL GAS TRANSPORTATION ACT

UNITED STATES SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES ALASKA NATURAL GAS TRANSPORTATION ACT UNITED STATES SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES ALASKA NATURAL GAS TRANSPORTATION ACT Staff Report of the Federal Energy Regulatory Commission January 18, 2001 EXECUTIVE SUMMARY Due to projected

More information

OHIO DEPARTMENT OF NATURAL RESOURCES RULE MAKING GUIDE

OHIO DEPARTMENT OF NATURAL RESOURCES RULE MAKING GUIDE OHIO DEPARTMENT OF NATURAL RESOURCES RULE MAKING GUIDE Under Executive Order 2008-04S, Governor Ted Strickland required that regulations create an atmosphere in which business and individuals affected

More information

THE NEW HAMPSHIRE SITE EVALUATION COMMITTEE AN INTRODUCTION TO THE COMMITTEE AND ITS PROCESS

THE NEW HAMPSHIRE SITE EVALUATION COMMITTEE AN INTRODUCTION TO THE COMMITTEE AND ITS PROCESS THE NEW HAMPSHIRE SITE EVALUATION COMMITTEE AN INTRODUCTION TO THE COMMITTEE AND ITS PROCESS New Hampshire s Site Evaluation Committee Purpose of RSA 162-H Balance the benefits and impacts of site selection

More information

Every person, corporation or company now engaged, or which shall hereafter engage, in the business of

Every person, corporation or company now engaged, or which shall hereafter engage, in the business of ARTICLE 8. TRANSPORTATION OF OILS. 22-8-1. Scope of article. Every person, corporation or company now engaged, or which shall hereafter engage, in the business of transporting or storing petroleum, by

More information

CHAPTER 19. Section 311 of the Natural Gas Policy Act, Its History and Its Potential Future Role in Natural Gas Transportation

CHAPTER 19. Section 311 of the Natural Gas Policy Act, Its History and Its Potential Future Role in Natural Gas Transportation CHAPTER 19 Section 311 of the Natural Gas Policy Act, Its History and Its Potential Future Role in Natural Gas Transportation J. Gordon Pennington (1) The Coastal Corporation Washington, D.C. Synopsis

More information

New York State Environmental Conservation Law

New York State Environmental Conservation Law New York State Environmental Conservation Law ARTICLE 46 ALBANY PINE BUSH PRESERVE COMMISSION Section 46-0101. Legislative declaration and intent. 46-0103. Definitions. 46-0105. Albany Pine Bush preserve

More information

The Board of Supervisors of the County of Riverside Ordains as Follows:

The Board of Supervisors of the County of Riverside Ordains as Follows: ORDINANCE NO. 555 (AS AMENDED THROUGH 555.19) AN ORDINANCE OF THE COUNTY OF RIVERSIDE AMENDING ORDINANCE NO. 555 IMPLEMENTING THE SURFACE MINING AND RECLAMATION ACT OF 1975 The Board of Supervisors of

More information

The University of Texas School of Law. Presented: 9th Annual Gas and Power Institute September 23-24, 2010 Houston, Texas

The University of Texas School of Law. Presented: 9th Annual Gas and Power Institute September 23-24, 2010 Houston, Texas The University of Texas School of Law Presented: 9th Annual Gas and Power Institute September 23-24, 2010 Houston, Texas EXPANDING PIPELINE INFRASTRUCTURE IN NEWLY-DEVELOPED GAS FIELDS: AN EXAMINATION

More information

Adam Settle. Volume 26 Issue 2 Article

Adam Settle. Volume 26 Issue 2 Article Volume 26 Issue 2 Article 7 11-1-2015 Do Not Pass Go; Do Not Collect $200; Go Directly to the EHB; The EHB Holds Fast to its Regulatory Role in Interstate Gas Regulation in Delaware Riverkeeper Network

More information

ALABAMA PUBLIC SERVICE COMMISSION ADMINISTRATIVE CODE CHAPTER 770-X-7 GAS PIPELINE SAFETY RULES TABLE OF CONTENTS

ALABAMA PUBLIC SERVICE COMMISSION ADMINISTRATIVE CODE CHAPTER 770-X-7 GAS PIPELINE SAFETY RULES TABLE OF CONTENTS Chapter 770-X-7 ALABAMA PUBLIC SERVICE COMMISSION ADMINISTRATIVE CODE CHAPTER 770-X-7 GAS PIPELINE SAFETY RULES TABLE OF CONTENTS 770-X-7-.01 Applicability 770-X-7-.02 Operating And Maintenance Plans Filings

More information

60 National Conference of State Legislatures. Public-Private Partnerships for Transportation: A Toolkit for Legislators

60 National Conference of State Legislatures. Public-Private Partnerships for Transportation: A Toolkit for Legislators 60 National Conference of State Legislatures Public-Private Partnerships for Transportation: A Toolkit for Legislators Ap p e n d i x C. Stat e Legislation Co n c e r n i n g PPPs f o r Tr a n s p o rtat

More information

Florida Senate CS for SB 360

Florida Senate CS for SB 360 By the Committee on Community Affairs and Senators Bennett, Gaetz, Ring, Pruitt, Haridopolos, Richter, Hill, and King 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A bill

More information

NC General Statutes - Chapter 95 Article 7A 1

NC General Statutes - Chapter 95 Article 7A 1 Article 7A. Uniform Boiler and Pressure Vessel Act. 95-69.8. Short title. This Article shall be known as the Uniform Boiler and Pressure Vessel Act of North Carolina. (1975, c. 895, s. 1.) 95-69.9. Definitions.

More information

Clean Water Act Section 401: Background and Issues

Clean Water Act Section 401: Background and Issues Clean Water Act Section 401: Background and Issues Claudia Copeland Specialist in Resources and Environmental Policy July 2, 2015 Congressional Research Service 7-5700 www.crs.gov 97-488 Summary Section

More information

THE WILDERNESS ACT. Public Law (16 U.S.C ) 88th Congress, Second Session September 3, 1964 (As amended)

THE WILDERNESS ACT. Public Law (16 U.S.C ) 88th Congress, Second Session September 3, 1964 (As amended) THE WILDERNESS ACT Public Law 88-577 (16 U.S.C. 1131-1136) 88th Congress, Second Session September 3, 1964 (As amended) AN ACT To establish a National Wilderness Preservation System for the permanent good

More information

Minard Run Oil Company v. United States Forest Service

Minard Run Oil Company v. United States Forest Service Public Land and Resources Law Review Volume 0 Fall 2011 Case Summaries Minard Run Oil Company v. United States Forest Service Bradley R. Jones University of Montana School of Law Follow this and additional

More information

EPA S UNPRECEDENTED EXERCISE OF AUTHORITY UNDER CLEAN WATER ACT SECTION 404(C)

EPA S UNPRECEDENTED EXERCISE OF AUTHORITY UNDER CLEAN WATER ACT SECTION 404(C) EPA S UNPRECEDENTED EXERCISE OF AUTHORITY UNDER CLEAN WATER ACT SECTION 404(C) I. Background Deidre G. Duncan Karma B. Brown On January 13, 2011, the Environmental Protection Agency (EPA), for the first

More information

Unified Operations Plan. Approved by the Binghamton Metropolitan Transportation Study Policy Committee June 2016

Unified Operations Plan. Approved by the Binghamton Metropolitan Transportation Study Policy Committee June 2016 Unified Operations Plan 2016 Approved by the Binghamton Metropolitan Transportation Study Policy Committee June 2016 I. DEFINITION AND PURPOSE OF THE METROPOLITAN PLANNING ORGANIZATION The purposes of

More information

IC Application of chapter IC "Account" IC "Advisory committee" IC "Approximate location"

IC Application of chapter IC Account IC Advisory committee IC Approximate location IC 8-1-26-1 Application of chapter Sec. 1. (a) Except as provided by this section, this chapter does not apply to the following: (1) Excavation that is performed: (A) only with a hand tool; (B) on property

More information

This ordinance shall be known as the Erosion and Sediment Control Ordinance of Pulaski County, Virginia.

This ordinance shall be known as the Erosion and Sediment Control Ordinance of Pulaski County, Virginia. AN ORDINANCE REPEALING AND REENACTING THE EROSION AND SEDIMENTATION CONTROL ORDINANCE OF PULASKI COUNTY, VIRGINIA. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF PULASKI COUNTY, VIRGINIA, THAT THE EXISTING

More information

Army Corps of Engineers: Water Resource Authorizations, Appropriations, and Activities

Army Corps of Engineers: Water Resource Authorizations, Appropriations, and Activities Army Corps of Engineers: Water Resource Authorizations, Appropriations, and Activities Nicole T. Carter Specialist in Natural Resources Policy Charles V. Stern Specialist in Natural Resources Policy February

More information

Water Resources Protection Ordinance

Water Resources Protection Ordinance Water Resources Protection Ordinance The mission of the district is to provide Silicon Valley safe, clean water for a healthy life, environment, and economy. This ordinance protects water resources managed

More information

Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three fifths being present.

Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three fifths being present. Public Authority Reform Act of 2009 Laws of New York, 2009, Chapter 506 An act to amend the Public Authorities Law and the Executive Law, in relation to creating the Authorities Budget Office, to repeal

More information

WINDSOR CHARTER TOWNSHIP EATON COUNTY, MICHIGAN ORDINANCE AUTHORIZING AND PERMITTING COMMERCIAL MEDICAL MARIHUANA FACILITIES ORDINANCE NO.

WINDSOR CHARTER TOWNSHIP EATON COUNTY, MICHIGAN ORDINANCE AUTHORIZING AND PERMITTING COMMERCIAL MEDICAL MARIHUANA FACILITIES ORDINANCE NO. WINDSOR CHARTER TOWNSHIP EATON COUNTY, MICHIGAN ORDINANCE AUTHORIZING AND PERMITTING COMMERCIAL MEDICAL MARIHUANA FACILITIES ORDINANCE NO. 42 At a regular meeting of the Township Board of Windsor Charter

More information

The Railroad Commission of Texas (Commission) adopts amendments to 3.70, relating to

The Railroad Commission of Texas (Commission) adopts amendments to 3.70, relating to TAC Chapter --Oil and Gas Division Page of 0 0 The Railroad Commission of Texas (Commission) adopts amendments to.0, relating to Pipeline Permits Required, with changes from the proposed text published

More information

MEMORANDUM OF UNDERSTANDING Between THE UNITED STATES OF AMERICA And THE STATE OF LOUISIANA

MEMORANDUM OF UNDERSTANDING Between THE UNITED STATES OF AMERICA And THE STATE OF LOUISIANA MEMORANDUM OF UNDERSTANDING Between THE UNITED STATES OF AMERICA And THE STATE OF LOUISIANA Framework for Establishing Discipline and Accountability in the Environmental Review and Authorization Process

More information

Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act

Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act CHAPTER 3 OF THE ACTS OF 1987 amended 1988, c. 56; 1992, c. 12; ss. 1-27; 1993, c. 16, ss. 1-6 An Act to Implement

More information

Became a law May 25, 2016, with the approval of the Governor. Passed by a majority vote, three-fifths being present.

Became a law May 25, 2016, with the approval of the Governor. Passed by a majority vote, three-fifths being present. LAWS OF NEW YORK, 2016 CHAPTER 35 AN ACT to amend the agriculture and markets law, in relation to agricultural districts law improvements; and the real property tax law, in relation to tax exemptions for

More information

FORM OF PARK AND LOAN SERVICE AGREEMENT AGREEMENT FOR PARK AND LOAN SERVICE VECTOR PIPELINE L.P.

FORM OF PARK AND LOAN SERVICE AGREEMENT AGREEMENT FOR PARK AND LOAN SERVICE VECTOR PIPELINE L.P. FORM OF PARK AND LOAN SERVICE AGREEMENT AGREEMENT FOR PARK AND LOAN SERVICE VECTOR PIPELINE L.P. Park and Loan Service Agreement No. THIS AGREEMENT FOR AUTHORIZED PARK AND LOAN SERVICE of Natural Gas (hereafter

More information

DEPARTMENT OF ENVIRONMENTAL QUALITY ENVIRONMENTAL RESPONSE DIVISION ENVIRONMENTAL CONTAMINATION RESPONSE ACTIVITY

DEPARTMENT OF ENVIRONMENTAL QUALITY ENVIRONMENTAL RESPONSE DIVISION ENVIRONMENTAL CONTAMINATION RESPONSE ACTIVITY DEPARTMENT OF ENVIRONMENTAL QUALITY ENVIRONMENTAL RESPONSE DIVISION ENVIRONMENTAL CONTAMINATION RESPONSE ACTIVITY Filed with the Secretary of State on December 13, 2002 These rules take effect 7 days after

More information

UNIFIED OPERATIONS PLAN

UNIFIED OPERATIONS PLAN BINGHAMTON METROPOLITAN TRANSPORTATION STUDY UNIFIED OPERATIONS PLAN Approved by the Binghamton Metropolitan Transportation Study Policy Committee February 11, 2009 BMTS UNIFIED OPERATIONS PLAN I DEFINITION

More information

BYLAWS THE WESTERN ELECTRICITY COORDINATING COUNCIL

BYLAWS THE WESTERN ELECTRICITY COORDINATING COUNCIL BYLAWS OF THE WESTERN ELECTRICITY COORDINATING COUNCIL Approved by the WECC Board June 16, 2016 Approved by FERC December 6, 2016 TABLE OF CONTENTS 1. Vision and Mission....1 1.1 Vision... 1 1.2 Mission...

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 SENATE BILL 410 RATIFIED BILL

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 SENATE BILL 410 RATIFIED BILL GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 SENATE BILL 410 RATIFIED BILL AN ACT TO ESTABLISH A PROGRAM FOR THE LEASING OF PUBLIC BOTTOM AND SUPERJACENT WATER COLUMN FOR MARINE AQUACULTURE, TO REQUIRE

More information

O P I N I O N AND O R D E R. equity opposing a condemnation of a temporary easement and right of way across their land by

O P I N I O N AND O R D E R. equity opposing a condemnation of a temporary easement and right of way across their land by IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA IN RE: CONDEMNATION OF TEMPORARY : CONSTRUCTION EASEMENT ACROSS : DOCKET NO. 14-02,219 LANDS OF CURTIS R. LAUCHLE AND TERRI : NO. 14-01,791

More information

33 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

33 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 40 - OIL POLLUTION SUBCHAPTER II - PRINCE WILLIAM SOUND PROVISIONS 2732. Terminal and tanker oversight and monitoring (a) Short title and findings (1)

More information

APALACHICOLA-CHATTAHOOCHEE-FLINT RIVER BASIN COMPACT

APALACHICOLA-CHATTAHOOCHEE-FLINT RIVER BASIN COMPACT APALACHICOLA-CHATTAHOOCHEE-FLINT RIVER BASIN COMPACT The states of Alabama, Florida and Georgia and the United States of America hereby agree to the following Compact which shall become effective upon

More information

CONSULTATION AND NOTIFICATION REGULATION 279/2010

CONSULTATION AND NOTIFICATION REGULATION 279/2010 PDF Version [Printer-friendly - ideal for printing entire document] CONSULTATION AND NOTIFICATION REGULATION 279/2010 Published by Quickscribe Services Ltd. Updated To: [includes B.C. Reg. 217/2017, App.

More information

CONTRACT FOR SUPPLY OF WATER FROM THE CITY OF INDEPENDENCE, MISSOURI TO CITY OF OAK GROVE, MISSOURI. THIS CONTRACT, made and entered into this day of

CONTRACT FOR SUPPLY OF WATER FROM THE CITY OF INDEPENDENCE, MISSOURI TO CITY OF OAK GROVE, MISSOURI. THIS CONTRACT, made and entered into this day of CONTRACT FOR SUPPLY OF WATER FROM THE CITY OF INDEPENDENCE, MISSOURI TO CITY OF OAK GROVE, MISSOURI THIS CONTRACT, made and entered into this day of, 2013, by and between the City of Oak Grove, a municipal

More information

Water Resources Reform and Development Act of 2014: Comparison of Select Provisions

Water Resources Reform and Development Act of 2014: Comparison of Select Provisions Water Resources Reform and Development Act of 2014: Comparison of Select Provisions Nicole T. Carter Specialist in Natural Resources Policy Charles V. Stern Specialist in Natural Resources Policy John

More information

SETTLEMENT AGREEMENT CONCERNING THE RELICENSING OF THE PELTON ROUND BUTTE HYDROELECTRIC PROJECT FERC PROJECT NO AMONG

SETTLEMENT AGREEMENT CONCERNING THE RELICENSING OF THE PELTON ROUND BUTTE HYDROELECTRIC PROJECT FERC PROJECT NO AMONG SETTLEMENT AGREEMENT CONCERNING THE RELICENSING OF THE PELTON ROUND BUTTE HYDROELECTRIC PROJECT FERC PROJECT NO. 2030 AMONG PORTLAND GENERAL ELECTRIC COMPANY CONFEDERATED TRIBES OF THE WARM SPRINGS RESERVATION

More information

Bylaws of the Henrico County Republican Committee

Bylaws of the Henrico County Republican Committee Bylaws of the Henrico County Republican Committee Article I Name The name of this organization shall be Henrico County Republican Committee, hereinafter called the Committee. Article II Definitions The

More information

2017 REGULATORY TRENDS:

2017 REGULATORY TRENDS: 2017 REGULATORY TRENDS: ELECTRIC ENERGY, OIL, AND NATURAL GAS Timothy P. Lynch, Ronald J. Tenpas, Kenneth M. Kulak, Levi McAllister February 28, 2017 2016 Morgan, Lewis & Bockius LLP ENERGY ISSUES AND

More information

PETROLEUM CHAPTER 219 PETROLEUM

PETROLEUM CHAPTER 219 PETROLEUM [CH.219 1 LIST OF AUTHORISED PAGES 1-2 LRO 1/2008 3-6 Original 7-8 LRO 1/2008 9-17 Original CHAPTER 219 ARRANGEMENT OF SECTIONS PART I PRELIMINARY SECTION 1. Short title. 2. Interpretation. 3. Property

More information

Introduction. Standard Processes Manual VERSION 3.0: Effective: June 26,

Introduction. Standard Processes Manual VERSION 3.0: Effective: June 26, VERSION 3 Effective: June 26, 2013 Introduction Table of Contents Section 1.0: Introduction... 3 Section 2.0: Elements of a Reliability Standard... 6 Section 3.0: Reliability Standards Program Organization...

More information

TITLE 64 LEGISLATIVE RULE DEPARTMENT OF HEALTH SERIES 19 WATER WELL REGULATIONS

TITLE 64 LEGISLATIVE RULE DEPARTMENT OF HEALTH SERIES 19 WATER WELL REGULATIONS TITLE 64 LEGISLATIVE RULE DEPARTMENT OF HEALTH SERIES 19 WATER WELL REGULATIONS '64-19-1. General. 1.1. Scope. -- This legislative rule establishes the certification of water well drillers and the issuance

More information

STATE PREEMPTION OF LOCAL LAND USE ORDINANCES AND NORTH CAROLINA S FRACKING LEGISLATION

STATE PREEMPTION OF LOCAL LAND USE ORDINANCES AND NORTH CAROLINA S FRACKING LEGISLATION STATE PREEMPTION OF LOCAL LAND USE ORDINANCES AND NORTH CAROLINA S FRACKING LEGISLATION Michael B. Kent, Jr. INTRODUCTION The expanded use of horizontal drilling and hydraulic fracturing ( fracking ) has

More information

ORDINANCE NO BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

ORDINANCE NO BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS: APPENDIX B FRANCHISE AGREEMENTS NOTE: The franchise agreements included herein are for information only. Each contains the substance as adopted by the Governing Body but publication clauses, repealers

More information

The North American Electric Reliability Corporation ( NERC ) hereby submits the

The North American Electric Reliability Corporation ( NERC ) hereby submits the VIA ELECTRONIC FILING August 9, 2013 Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, N.E. Washington, D.C. 20426 Re: North American Electric Reliability Corporation

More information

EAST NOTTINGHAM TOWNSHIP ZONING ORDINANCE ARTICLE XXII ZONING HEARING BOARD

EAST NOTTINGHAM TOWNSHIP ZONING ORDINANCE ARTICLE XXII ZONING HEARING BOARD EAST NOTTINGHAM TOWNSHIP ZONING ORDINANCE ARTICLE XXII ZONING HEARING BOARD SECTION 2201 GENERAL A. Appointment. 1. The Zoning Hearing Board shall consist of three (3) residents of the Township appointed

More information

MEMORANDUM OF AGREEMENT

MEMORANDUM OF AGREEMENT MEMORANDUM OF AGREEMENT This Memorandum of Agreement ("Agreement") is effective as of March 18, 2008, by and between the County of Sonoma (the "County") and the Dry Creek Rancheria Band of Pomo Indians

More information

ALABAMA PUBLIC SERVICE COMMISSION ADMINISTRATIVE CODE CHAPTER 770-X-9 WASTEWATER MANAGEMENT ENTITY RULES TABLE OF CONTENTS

ALABAMA PUBLIC SERVICE COMMISSION ADMINISTRATIVE CODE CHAPTER 770-X-9 WASTEWATER MANAGEMENT ENTITY RULES TABLE OF CONTENTS ALABAMA PUBLIC SERVICE COMMISSION ADMINISTRATIVE CODE CHAPTER 770-X-9 WASTEWATER MANAGEMENT ENTITY RULES TABLE OF CONTENTS 770-X-9-.01 770-X-9-.02 770-X-9-.03 770-X-9-.04 770-X-9-.05 770-X-9-.06 770-X-9-.07

More information

CONSULTATION AND NOTIFICATION REGULATION

CONSULTATION AND NOTIFICATION REGULATION Oil and Gas Activities Act CONSULTATION AND NOTIFICATION REGULATION B.C. Reg. 279/2010 Deposited September 24, 2010 and effective October 4, 2010 Last amended November 30, 2017 by B.C. Reg. 217/2017 Consolidated

More information

UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION

UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION In the Matter of NUCLEAR MANAGEMENT COMPANY PALISADES NUCLEAR GENERATING STATION Regarding the Renewal of Facility Operating License No.

More information

Before the Federal Communications Commission Washington, DC ) ) ) ) ) ) ) ADOPTING ORDER. Adopted: November 15, 2012 Released: November 15, 2012

Before the Federal Communications Commission Washington, DC ) ) ) ) ) ) ) ADOPTING ORDER. Adopted: November 15, 2012 Released: November 15, 2012 Before the Federal Communications Commission Washington, DC 20554 In the Matter of TDS Telecommunications Corporation Compliance with the Commission s Rules and Regulations Governing Customer Proprietary

More information

WHEELING CREEK WATERSHED PROTECTION AND FLOOD PREVENTION DISTRICT COMPACT

WHEELING CREEK WATERSHED PROTECTION AND FLOOD PREVENTION DISTRICT COMPACT The following Wheeling Creek Watershed Protection and Flood Prevention District Compact, which has been negotiated by representatives of the Commonwealth of Pennsylvania and the State of West Virginia,

More information

PARTICIPANTS AGREEMENT. among. ISO New England Inc. as the Regional Transmission Organization for New England. and. the New England Power Pool.

PARTICIPANTS AGREEMENT. among. ISO New England Inc. as the Regional Transmission Organization for New England. and. the New England Power Pool. PARTICIPANTS AGREEMENT among ISO New England Inc. as the Regional Transmission Organization for New England and the New England Power Pool and the entities that are from time to time parties hereto constituting

More information

M E M O R A N D U M. The Promontory project debt service will be funded with special assessment paid by the Promontory developer.

M E M O R A N D U M. The Promontory project debt service will be funded with special assessment paid by the Promontory developer. M E M O R A N D U M To: From: Summit County Council Scott Green, CFO Date: October 23, 2014 Subject: Bond Parameters Resolution The MRW Control Board recommends the Summit County Council adopt the attached

More information

Case 3:16-cv JLH Document 1 Filed 08/15/16 Page 1 of 40 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS ,,, '..,.,.;,.. ;:..

Case 3:16-cv JLH Document 1 Filed 08/15/16 Page 1 of 40 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS ,,, '..,.,.;,.. ;:.. Case 3:16-cv-00207-JLH Document 1 Filed 08/15/16 Page 1 of 40 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS DOWNWIND, LLC and GOLDEN BRIDGE, LLC ) ) Plaintiffs, ) ) ~ ) ) UNITED STATES DEPARTMENT

More information

Section 9.12: Cell Tower Regulations

Section 9.12: Cell Tower Regulations A. Definitions Specific To This Section: (1) Cellular Antenna: Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, microwave dishes

More information

CHAPTER House Bill No. 763

CHAPTER House Bill No. 763 CHAPTER 2001-297 House Bill No. 763 An act relating to Monroe County; amending chapter 69-1191, Laws of Florida, as amended; revising provisions relating to the Utility Board of the City of Key West; authorizing

More information

Public Policy Agenda Number 4. Attachment 1. Federal Legislative Update. Federal Update. Public Policy Committee October 5, 2017

Public Policy Agenda Number 4. Attachment 1. Federal Legislative Update. Federal Update. Public Policy Committee October 5, 2017 Public Policy Agenda Number 4. Attachment 1 Federal Legislative Update Public Policy Committee October 5, 2017 Jeff Gray Legislative Affairs Manager Federal Update Congressional Activities Focus after

More information

Kansas Corporation Commission

Kansas Corporation Commission Agency 82 Kansas Corporation Commission Articles 82-1. RULES OF PRACTICE AND PROCEDURE. 82-2. OIL AND GAS CONSERVATION. 82-3. PRODUCTION AND CONSERVATION OF OIL AND GAS. 82-4. MOTOR CARRIERS OF PERSONS

More information

Midwest Reliability Organization

Midwest Reliability Organization Midwest Reliability Organization Regional Reliability Standards Process Manual VERSION 5.1 Approved by MRO Board of Directors on December 10, 2015 Version 5.1 - Approved by FERC Effective May 6, 2016 MRO

More information

CONTRACT FOR THE DEMOLITION OF A RESIDENTIAL BUILDING

CONTRACT FOR THE DEMOLITION OF A RESIDENTIAL BUILDING CONTRACT FOR THE DEMOLITION OF A RESIDENTIAL BUILDING This Agreement is made and entered into this day of, 20, by and between the CITY OF ELKHART, INDIANA, ( CITY ), and. RECITALS: WHEREAS, the CITY desires

More information

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY LIGHTING,, AND COMPENSATION AGREEMENT CONTRACT NO. FINANCIAL PROJECT NO. F.E.I.D. NO. Page 1 of 6 THIS AGREEMENT, entered into this day of, year

More information

Idaho Water Law: Water Rights Primer & Definitions. A. What is a Water Right?

Idaho Water Law: Water Rights Primer & Definitions. A. What is a Water Right? Idaho Water Law: Water Rights Primer & Definitions DISCLAIMER: This information was created by and is attributable to IDWR. It is provided through the Law Office of Arthur B. for your adjudication circumstances

More information

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION. Southwest Power Pool, Inc. ) Docket No. ER

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION. Southwest Power Pool, Inc. ) Docket No. ER UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION Southwest Power Pool, Inc. ) Docket No. ER11-3494-000 ANSWER OF SOUTHWEST POWER POOL, INC. Pursuant to Rule 213 of the Federal Energy

More information

Compiler's note: The repealed sections pertained to definitions and soil erosion and sedimentation control program.

Compiler's note: The repealed sections pertained to definitions and soil erosion and sedimentation control program. NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT) Act 451 of 1994 PART 91 SOIL EROSION AND SEDIMENTATION CONTROL 324.9101 Definitions; A to W. Sec. 9101. (1) "Agricultural practices" means all

More information

Endangered and Threatened Wildlife and Plants; Revision of the Regulations for

Endangered and Threatened Wildlife and Plants; Revision of the Regulations for Billing Code 4333 15 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS HQ ES 2018 0007; 4500030113] RIN 1018 BC97 Endangered and Threatened Wildlife and Plants; Revision

More information

Outer Continental Shelf Lands Act of 7 August 1953

Outer Continental Shelf Lands Act of 7 August 1953 Page 1 Outer Continental Shelf Lands Act of 7 August 1953 Paragraph 1331. Definitions When used in this subchapter - The term "outer Continental Shelf" means all submerged lands lying seaward and outside

More information

Pretreatment and Permit Requirements.

Pretreatment and Permit Requirements. 391-3-6-.08 Pretreatment and Permit Requirements. (1) Purpose. The purpose of Rule 391-3-6-.08 is to provide for the degree of wastewater pretreatment required and the uniform procedures and practices

More information

PSEG Energy Resources & Trade LLC

PSEG Energy Resources & Trade LLC l7t A1 11 YUYI A I Attachment # 4 Clean Version of Revised Tariff Sheet PSEG Energy Resources & Trade LLC FERC Electric Tariff, Original Volume No. 1 PSEG Energy Resources & Trade LLC FERC Electric Tariff,

More information

In the Supreme Court of the United States

In the Supreme Court of the United States NO. 13-271 In the Supreme Court of the United States IN RE WESTERN STATES WHOLESALE NATURAL GAS ANTITRUST LITIGATION ONEOK, INC., ET AL., v. LEARJET INC., ET AL., Petitioners, Respondents. On Petition

More information

May 8, Dominic J. Mancini, Acting Administrator Office of Information and Regulatory Affairs

May 8, Dominic J. Mancini, Acting Administrator Office of Information and Regulatory Affairs May 8, 2017 M-17-24 MEMORANDUM FOR: FROM: SUBJECT: REGULATORY REFORM OFFICERS AND REGULATORY POLICY OFFICERS AT EXECUTIVE DEPARTMENTS AND AGENCIES Dominic J. Mancini, Acting Administrator Office of Information

More information

PROJECT MANAGEMENT INSTITUTE, VANCOUVER ISLAND CHAPTER BYLAWS

PROJECT MANAGEMENT INSTITUTE, VANCOUVER ISLAND CHAPTER BYLAWS PROJECT MANAGEMENT INSTITUTE, VANCOUVER ISLAND CHAPTER BYLAWS Document Control PMI-VI Bylaw Review Draft Version Date Comment PMI-VI 2011Bylaw Review Draft 01 07.22.2011 Original sent to committee for

More information

What Does FHWA Expect from Me? Dawn Horan, FHWA Office of Real Estate Services

What Does FHWA Expect from Me? Dawn Horan, FHWA Office of Real Estate Services Preparing for an Outdoor Advertising Process Review by FHWA What Does FHWA Expect from Me? Dawn Horan, FHWA Office of Real Estate Services WHAT TO EXPECT TODAY What are our goals? Who s Responsible? Define

More information

North American Electric Reliability Corporation (NERC) Rules of Procedure Effective in Manitoba April 1, 2012

North American Electric Reliability Corporation (NERC) Rules of Procedure Effective in Manitoba April 1, 2012 North American Electric Reliability Corporation (NERC) Rules of Procedure Effective in Manitoba April 1, 2012 Contents: Document Title Version with NERC Effective Date Comments NERC Rules of Procedure

More information

RULE ON TARIFF PROCEEDINGS

RULE ON TARIFF PROCEEDINGS Pursuant to Article 4.3. of the Law on Transmission, Regulator and Electricity System Operator in Bosnia and Herzegovina ( Official Gazette of BiH, No. 7/02 and 13/03) and Article 36 of the Procedural

More information