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Submit Comments to FERC on Proposed Rule Changes

As you might know, FERC has issued a Notice of Inquiry (NOI) on whether it should change the policy it uses to approve pipelines, and if so, how. On May 23, 2018, FERC issed an order extending the deadline for commenting on their NOI for 30 days. Comments are now due by July 25, 2018.

FERC’s two orders (NOI and extension) are available here:

The NOI includes a complete history of what FERC did in 1999 and explains their position. FERC then explains why it needs to reconsider this policy. You can be sure that the industry will be pressuring FERC to change things to benefit them, based upon the new resistance to pipelines. It’s critical that the public pushes the other way.

The questions that FERC would like answered are in Section III, “Request for Comments,” on pages 45-55 of the NOI (PDF pages 47-57). There are 4 categories:

A. Potential Adjustments to the Commission’s Determination of Need
B. The Exercise of Eminent Domain and Landowner Interests
C. The Commission’s Consideration of Environmental Impacts
D. Improvements to the Efficiency of the Commission’s Review Process

To comment, you must register and log in. Then eFile your document to docket number PL18-1. Instructions for registering and filing comments are available at

  • How to register.
  • How to submit comments. Note that the procedure to follow for commenting on the NOI differs somewhat from the procedure described here. In particular:
    • At Step 4, click on “Comment on Rulemaking”.
    • At Step 5, enter PL18-1 as the docket number.
    • At Step 6, the docket number and description will be different, because the instructions used the CP docket.

This is important, so please take the time to comment. You can convert prior comments you submitted to FERC to raise issues and answer their questions. What you experienced, and your prior comments, provide excellent examples of why FERC’s policy needs to be changed to support landowners and the community.