FERC Chairman Neil Chatterjee and Commissioner Richard Glick today issued a joint statement regarding the U.S. Court of Appeals for the District of Columbia Circuit en banc rehearing decision in Allegheny Defense Project v. FERC:
“Following the decision of the U.S. Court of Appeals for the District of Columbia Circuit in Allegheny Defense Project v. FERC, we respectfully ask Congress to consider providing FERC with a reasonable amount of additional time to act on rehearing requests involving orders under both the Natural Gas Act and the Federal Power Act. We believe that any such legislation should make clear that, while rehearing requests are pending, the Commission should be prohibited from issuing a notice to proceed with construction and no entity should be able to begin eminent domain proceedings involving the projects addressed in the orders subject to those rehearing requests.”