On March 25, 2022, the FERC voted to solicit feedback on two policy statements it issued in February 2022. The statements provide guidance regarding the certification of interstate natural gas pipelines and consideration of greenhouse gas (GHG) emissions in natural gas project reviews. In February, the FERC issued an update to its 1999 Certificate Policy Statement and also published an interim policy statement that highlighted the FERC’s evaluation of the impact of a project’s GHG emissions.
The FERC has since classified both documents as draft policy statements because of rising concerns presented by the US Court of Appeals for the DC Circuit, as recently as March 11th, asserting that the policy statements created further confusion about the FERC’s approach to the siting of natural gas pipelines. Consequently, the FERC has decided it would be advantageous to seek additional comments from interested stakeholders, in particular, suggestions for creating greater clarity and assurance, before introducing the new policy statements. Neither of the two draft policy statements will apply to upcoming project applications or filed applications before the FERC releases any final guidance in these dockets.
Interested parties may submit comments on the draft policy statements by April 25th, with reply comments due May 25th.