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. For questions on the policy statement, or for assistance with drafting reply comments, please contact firm energy attorney Randy Rich.