The FERC Process
Pre-Filing Process
Algonquin filed a formal FERC § 7(c) application on June 9, 2008 with the Federal Energy Regulatory Commission (FERC).
The proposed Project has passed it preliminary planning phase and has also completed the Pre-Filing, or pre-application, environmental review process with the FERC staff, that allowed and encouraged early involvement by citizens, governmental entities, and other interested parties. The purpose of the Pre-Filing Process was to encourage involvement by interested stakeholders in a manner that allowed for the early identification and resolution of environmental issues.
During the Pre-Filing Process, the FERC staff notified citizens, groups, government entities and other parties that the FERC has initiated an environmental review and requested their comments. This notice was mailed to potentially affected landowners; federal, state, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; other interested parties; and local libraries and newspapers.
The Outcome: Environmental Impact Statement
The National Environmental Policy Act (NEPA) requires the FERC to consider environmental impacts that could result before deciding if a project is in the public convenience and necessity. As part of the NEPA environmental review, the FERC considers alternatives to the proposed Project, including alternative pipeline routes.
The FERC staff took comment received on the Project during the Pre-Filing Process and addressed them in a Draft Environmental Impact Statement (EIS) that was issued on November 7, 2008. The Draft EIS was mailed to the interested stakeholders and everyone had 45 days to review and comment on the document. The Draft EIS described the proposed Project, evaluated alternatives, identified existing environmental conditions, and assessed the potential impacts associated with the Project. The Draft EIS also described mitigation measures, construction procedures, and routing and siting considerations that could be implemented to eliminate or reduce impacts.
An amendment to the June 9, 2008 application was filed with the FERC on June 19, 2009. The amendment described the reduced Project scope that resulted once the shippers revised their assessments of initial requirements and executed amended precedent agreements. The FERC staff will consider the reduced Project scope and all applicable comments on the Draft EIS and revise the document, as necessary, before issuing a Final EIS.
About FERC
Mission
The FERC regulates and oversees energy industries in the economic and environmental interest of the American public.
Vision
Dependable, affordable energy through sustained competitive markets.
Values
- Employees – People are our most valued asset. We provide the support needed for all employees to excel.
- Integrity – We maintain the highest level of professionalism and an environment of fairness, trust, respect and honesty.
- Diversity – We value diversity in people and ideas.
- Working Together – We clearly communicate expectations, encourage cooperation and teamwork, and share responsibility.
- Progress and Innovation – We are creative and flexible, and seek out opportunities to improve.
- Action – Prompt and fair resolution of matters before the Commission is essential to our mission.
- Reaching Out – two-way communication with the public is key to our effectiveness.
- Public Service – Our ultimate objective is to provide valued services to the public.
What FERC Does
FERC is an independent agency that regulates the interstate transmission of natural gas, oil, and electricity. FERC also regulates natural gas and hydropower projects.
- Economic Regulation
- Transmission and sale of natural gas for resale in interstate commerce;
- Transmission of oil by pipeline in interstate commerce;
- Transmission and wholesale sales of electricity in interstate commerce;
- Administers accounting and financial reporting regulations and conduct of regulated companies, and;
- Infrastructure Regulation
- Licenses and inspects private, municipal, and state hydropower projects;
- Approves the siting of and abandonment of interstate natural gas facilities, including pipelines, storage and liquefied natural gas; and
- Oversees environmental matters related to natural gas and hydropower projects and major electricity policy initiatives.
- Approves the siting of and abandonment of interstate natural gas facilities, including pipelines, storage and liquefied natural gas; and
- Oversees environmental matters related to natural gas and hydropower projects and major electricity policy initiatives.
What FERC Does NOT Do
Areas considered outside of FERC's jurisdiction are:
- Economic Regulation
- Retail electricity and natural gas sales to consumers;
- Oil company mergers and acquisitions;
- Regulation of municipal power systems, federal power marketing agencies like the Tennessee Valley; Authority, and most rural electric cooperatives; and
- Infrastructure Regulation
- Approval to construct electric generation, transmission, or distribution facilities, except hydropower;
- Nuclear power plant regulation;
- Oversight of oil pipeline construction;
- Abandonment of service related to oil facilities;
- Pipeline safety or pipeline transportation on or across the Outer Continental Shelf;
- Regulation of local distribution pipelines of natural gas; and
- Development and operation of natural gas vehicles.
