To find information on the federal and state agencies involved in a specific natural gas project that is under review by the Federal Energy Regulatory Commission, the information below covers scenarios when project sponsors:
- use the Commission’s Pre-filing Review Process, prior to filing an application; and
- File an Application with the Commission.
Pre-filing Review Process
The pre-filing process allows Commission staff and stakeholders to get involved during the early project planning phase. It is mandatory for liquefied natural gas (LNG) facilities and voluntary for other natural gas projects. A project sponsor will file a pre-filing request letter with the Commission that must provide a list of the relevant federal and state agencies in the project area with permitting requirements. The list will include contact information, whether the agencies have agreed to participate in the process, and planned permit application dates.
Interested parties may access the pre-filing request letter to obtain information on agency contacts by searching the Commission’s eLibrary system, using a project’s docket number (a unique reference number for each case or application filed with the Commission). Pre-filing projects are assigned a docket number starting with PF. The pre-filing request letter will be the earliest dated document in the PF docket. Typically, the pre-filing request letter includes an attached table that includes agency contacts.
After completing the pre-filing process, a project sponsor will file a formal application, as described in the Application Review Process.
Application Review Process
When a project sponsor files an application for a natural gas project, the Commission assigns a docket number starting with CP. The application must include information regarding the federal and state permits and agencies that will be involved in reviewing the project. This information may be found by accessing the project application from the Commission’s eLibrary system, using the project docket number and appropriate date range. The application will be the earliest dated document in the CP docket. The application may be separated into several individual files. The following file names or document headings should be accessed to identify agency contacts:
- Exhibit F-1 – environmental report: This is comprised of individual environmental resource reports and will include:
- agency contacts that were cited or relied upon to prepare each report (this may be found as a list of references for a resource report);
- correspondence with various agencies, often entitled “Agency Correspondence” (this is typically an appendix to resource report 1 or divided by resource area and included in the respective resource report);
- a list of authorizations required to complete the proposed action and the status of applications (this is typically a permit table in resource report 1 – see below example);
- Exhibit J (for interstate facilities) and Exhibit H (for import/export facilities) – federal authorizations: Exhibits J and H identify each federal authorization that the proposal will require; the agency or officer that will issue each required authorization; the date each request for authorization was submitted; and the date by which final action on each federal authorization has been requested or is expected.
Example of an environmental permit table
Other Options for Finding Agency Contacts
In addition to documents on the Commission’s eLibrary system, there is a Federal Infrastructure Permitting Dashboard that includes certain larger, more complex projects under the following categories:
- Projects Identified as Covered Projects under Title 41 of the Fixing America’s Surface Transportation (FAST) Act (project that involves the construction of an interstate natural gas pipeline or liquefied natural gas terminal that is subject to NEPA and is likely to require a total investment of more than $200,000,000); and
- Major Infrastructure Projects as defined in Section 3(e) of Executive Order 13807 (defined as projects for which multiple authorizations by federal agencies will be required and the lead federal agency has determined that it will prepare an environmental impact statement).
Projects covered under FAST-41 and/or Major Infrastructure Projects are required to list contacts for the agencies on a Permitting Dashboard. The Federal Infrastructure Permitting Dashboard, including a list of covered projects, can be found at https://www.permits.performance.gov/projects and can be further narrowed down by searching by lead agency or project name.
