Federal Energy Regulatory Commission

The ETC Tiger Pipeline will be a “natural gas company” as defined in the Natural Gas Act and is subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC).  The FERC is the lead federal agency that will determine whether ETC Tiger will be issued certificate authority for the construction and operation of the ETC Tiger Pipeline Project.  The FERC will also monitor all construction and restoration activities to insure that ETC Tiger complies with all federal, state, and local permits, plans, and regulations. 

Major Steps of the FERC Regulatory Process for Pipeline Construction of the ETC Tiger Pipeline Project

• ETC Tiger Pipeline, LLC (ETC Tiger) Files a Section 7(c) Certificate Application with the FERC  - On August 31, 2009, ETC Tiger filed a certificate application with the FERC requesting an order authorizing ETC Tiger to construct, own and operate a new approximately 175 mile long 42-inch diameter natural gas pipeline, associated compression facilities, and other appurtenant facilities; and among other things, a Part 284 Subpart G blanket certificate to provide open-access transportation services; a Part 157 Subpart F blanket certificate to construct and operate certain facilities; and the initial rates and pro forma tariff.
• FERC Staff Reviews ETC Tiger’s Section 7(c) Certificate Application, and Prepares an Environmental Assessment – In its review of the ETC Tiger certificate application, the FERC is required to conduct a detailed analysis of the environmental impact, intervener comments, market demand, rates and tariff issues, landowners and communities impacted, and public benefits.  The FERC's analysis of the environmental impacts and conclusions from the construction of the ETC Tiger Pipeline Project are included in the Environmental Assessment (EA).  The National Environmental Policy Act (NEPA) requires the FERC to take into account the environmental impacts that could result from an action whenever it considers the issuance of a certificate authorizing construction.  NEPA also requires FERC to discover and address concerns that the public may have about construction proposals.  This process is referred to as “scoping”.  The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues.  In the EA, the FERC discuss impacts that could occur as a result of the construction and operation of the proposed Project under these general headings:
  • Geology and Soils
  • Water Resources
  • Vegetation and Wildlife
  • Land Use, Socioeconomic's, and Recreation
  • Cultural Resources
  • Air and Noise Quality
  • Reliability and Safety
  • Cumulative Impacts

On January 26, 2010, the FERC issued its Notice of Availability of the Environmental Assessment for the proposed ETC Tiger Pipeline Project.  This EA was prepared in cooperation with the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, Natural Resources Conservation Service, the Texas Parks and Wildlife Department, and the Louisiana Department of Wildlife and Fisheries.  Copies of the EA were mailed to federal, state, and local agencies; interested groups and individuals; newspapers and libraries in the Project area; and parties to this proceeding.  Based on the analysis in this EA, the FERC determined that if ETC Tiger constructs and operates the facilities in accordance with its application, supplements, and FERC staff’s additional mitigation measures, approval of this Project would not constitute a major federal action significantly affecting the quality of the human environment.

• FERC Issues a Certificate Order Authorizing Construction – On April 7, 2010, the FERC issued its Order Issuing Certificates to ETC Tiger for a certificate of public convenience and necessity in Docket No. CP09-460-000, authorizing ETC Tiger to construct and operate the ETC Tiger Pipeline facilities (Order).  However, as in most FERC certificate orders issued for natural gas pipeline projects, this Order contains conditions related to environmental mitigation, changes to tariff and rate provisions, accounting directives, and reporting.
• ETC Tiger Accepts the FERC Order, and Files its Implementation Plan for Construction
  On April 8, 2010 ETC Tiger submitted for filing with the FERC its acceptance of the certificate issued for the ETC Tiger Pipeline Project.  FERC staff will continue its involvement during construction and post-construction activities to insure compliance with all rules and regulation of the FERC, and including all environmental plans, procedures, and permits issued to ETC Tiger.  ETC Tiger filed its Implementation Plan for contractor yards and compressor stations on April 9, 2010, and its Implementation Plan for the construction of pipeline and above ground facilities on April 15, 2010.  These Implementation Plans provide additional documentation in response to the environmental conditions included under the Appendix attached to the Commission Order issued April 7, 2010.
• The Final Regulatory Step Prior to Construction – FERC Issues Notice to Proceed
  On April 16, 2010, the FERC Project Manager approved ETC Tiger’s April 9, 2010 request to use the contractor yards.  On April 19, 2010, the FERC Project Manager approve ETC Tiger’s April 9, 2010 request to proceed with construction of the compressor stations. 

FERC Citizen's Guide

An Interstate Natural Gas Facility on my Land? What do you need to know? The FERC wants you to know:

• how its procedures work,
• what rights you have,
• how the location of a pipeline or other facilities is decided, and
• what safety and environmental issues might be involved.

Click here to download FERC's Citizen Guide where you will find all this information and more to help you know what you need to know.   You may also find other useful information concerning natural gas pipelines on the FERC’s webpage at:  http://www.ferc.gov/