federal energy regulatory commission

1

FERC

Office of Energy Projects

Federal Energy Regulatory Commission

EPAct of 2005 Effect on Review of LNG Facilities

& Working with FERC

CSO Annual meetingOctober 18, 2005

2

FERC

Office of Energy Projects

• Regulations issued October 7, 2005

• Requires applicant to use PRE-FILING

• Exclusive siting authority

Authorities Given to FERC

3

FERC

Office of Energy Projects

• Lead agency• Setting schedule for Federal

authorizations• Agencies shall comply with the

schedule

Authorities Given to FERC(cont’d)

4

FERC

Office of Energy Projects

Authorities Given to FERC

(cont’d)

• FERC maintains a consolidated record

• Agencies must help create this record

• Record is for appeals of CZMA or judicial review of agency actions

5

FERC

Office of Energy Projects

FERC Coordination with States

• Governor appoints an agency to consult

• FERC must consult with this agency

• State agency files a safety advisory report

6

FERC

Office of Energy Projects

FERC Coordination with States (cont’d)

• FERC response to the safety advisory report

• Emergency Response Plan

7

FERC

Office of Energy Projects

FERC Coordination with States (cont’d)

• State safety inspections of LNG facilities

• State may notify FERC of safety violations

• FERC notifies the state of its actions

8

FERC

Office of Energy Projects

FERC Coordination with Dept. of Defense

• FERC/DOD MOU on LNG facilities which may affect an active military installation

• Concurrence of DOD required

9

FERC

Office of Energy Projects

Importance of Cooperating Agency Relationship

• State CZM Agencies should accept invitations to be cooperating agencies

• Help construct the single federal record

• Provide review and comment on advanced draft documents

• Open communication throughout the review process

10

FERC

Office of Energy Projects

Maintaining Options

• Cooperating status does not limit State’s ability to develop conclusions different from FERCs

• Basis of any disagreements may be addressed in the EIS

11

FERC

Office of Energy Projects

Proactive vs. Reactive

• Input and feedback is continual rather than episodic

• Flexible relationship – expectations tailored to meet agencies capabilities

• No surprises