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DC Circuit upholds FERC pipeline order; FERC gets 3 gas pipeline pitches

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Climate Credit Analytics: Linking climate scenarios to financial impacts

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Essential Energy Insights, April 2021


DC Circuit upholds FERC pipeline order; FERC gets 3 gas pipeline pitches

DC Circuit upholds FERC order but has 'misgivings' on climate review of pipeline

The U.S. Appeals Court for the District of Columbia upheld Federal Energy Regulatory Commission orders in another case that tested the commission's greenhouse gas analysis in its reviews of applications to build natural gas pipelines, but the court expressed "misgivings" about FERC's "less-than-dogged" efforts to obtain the information on potential climate change impacts. In a June 4 opinion, a three-judge panel concluded that it lacked jurisdiction to rule based on those misgivings over this part of FERC's review under the National Environmental Policy Act.

Amid coal unit retirements, FERC receives 3 gas pipeline pitches

The Federal Energy Regulatory Commission received new applications for short pipeline projects that would serve gas-fired electric power generation that is displacing coal-fired generation in the U.S. East and Southeast. The proposed projects are Equitrans Midstream Corp.'s 140,000-Dth/d gas pipeline; Florida Gas Transmission Co. LLC's 21-mile, 169,000-MMBtu per day pipeline; and Gulfstream Natural Gas System LLC's Phase VI expansion project designed to add about 78,000 Dth/d of mainline capacity.

FERC to decide on NY authority over Constitution pipeline within 2 months

The Federal Energy Regulatory Commission told the U.S. Court of Appeals for the 2nd Circuit that it intends to decide within two months whether the state of New York waived its Clean Water Act authority when it took an extended period of time to issue a water quality certificate for the Williams Cos. Inc.-led Constitution Pipeline Co. LLC. FERC provided the update on its proceeding to the court in a May 28 filing.

New York tries to win back permit authority in National Fuel pipeline case

New York asked a federal court to help the state recover its Clean Water Act permitting authority over the approximately $500 million Northern Access 2016 natural gas pipeline expansion project proposed by National Fuel Gas Co., after decisions by the Federal Energy Regulatory Commission stripped that authority. The state's attorney general asked the U.S. Appeals Court for the 2nd Circuit to set aside the FERC order that waived the state's Clean Water Act authority in the case and also the commission's decision to deny rehearing requests filed by the state and the Sierra Club as "illegal, unreasonable, arbitrary and capricious." The New York petition was posted in the FERC library on May 30.

FERC grants extensions for Freeport, Cameron LNG projects

The Federal Energy Regulatory Commission granted a pair of extensions for developers of delayed LNG export projects in Louisiana and Texas to complete their terminals. The extensions are for the Sempra Energy-led Cameron LNG terminal and the Freeport LNG Development LP facility.

NGPL expansion in Permian clears environmental hurdle at FERC

A proposed pipeline expansion project connecting Natural Gas Pipeline Co. of America LLC's system to the Waha Hub in the Permian Basin of West Texas cleared a key regulatory hurdle with a positive environmental assessment from the Federal Energy Regulatory Commission. In its May 31 report, agency staff said the 17-mile, 30-inch-diameter pipe would not pose a significant environmental impact, contingent on implementation of recommended mitigation measures.