On March 24, 2022, the Federal Energy Regulatory Commission (FERC or Commission) issued an order suspending the Updated Certificate Policy Statement on the certification of interstate natural gas facilities and the Interim Policy Statement on Consideration of Greenhouse Gas (GHG) Emissions, converting both into draft policy statements, and inviting comments on both. 

Notably, the order also stated that it “will not apply the Updated Draft Policy Statement or the Draft GHG Policy Statement to pending applications or applications filed before the Commission issues any final guidance in these dockets.”  This is a reversal from the original policy statements, which expressly stated they would have applied to new and pending applications. 

Chairman Glick stated that the change was made “in light of concerns that the policy statements created further confusion about the Commission’s approach to the siting of natural gas projects.”

In separate orders, FERC voted to issue project certificates, which included projects filed in 2020, such as the Evangeline Pass Project (Tennessee Gas Pipeline Company, L.L.C. and Southern Natural Gas Company, L.L.C), the Enhancement by Compression Project (Iroquois Gas Transmission System, L.P.), and the East Lateral XPress Project (Columbia Gulf Transmission, LLC).

For more information on the Updated Certificate Policy Statement and Interim Policy Statement on Consideration of GHG Emissions, check out our previous FERC alert.

Comments in response to the draft policy statements are due by April 25, 2022, with reply comments due May 25, 2022.