In This Issue

FERC Pre-Filing for LNG

Pre-Filing Procedures for Review of LNG Terminals and Other Natural Gas Facilities

The Federal Energy Regulatory Commission (Commission) is proposing regulations in accordance with section 311(d) of the Energy Policy Act of 2005 (EPAct 2005) to implement mandatory procedures requiring prospective applicants to begin the Commission’s pre-filing review process at least six months prior to filing an application for authorization to site and construct a liquefied natural gas (LNG) terminal. As proposed, the mandatory procedures would require that the prospective applicant submit information necessary for pre-filing review of the LNG terminal, as defined in EPAct 2005, as well as any pipeline and other natural gas facilities necessary to transport regasified LNG from an LNG terminal to existing natural gas pipeline infrastructure. As required by EPAct 2005, the proposed regulations are designed to encourage applicants to cooperate with state and local officials to address safety considerations. A prospective applicant also would be required to comply with the pre-filing procedures prior to filing an application to make significant modifications to an existing LNG terminal likely to involve state and local safety considerations. Under the proposed regulations, prospective applicants could continue to elect on a voluntary basis to undertake the pre-filing process prior to filing applications for other facilities subject to the Commission’s jurisdiction under the Natural Gas Act (NGA).

Comments on the Notice of Proposed Rulemaking are due September 14, 2005 [Docket No. RM05-31-000]. The full proposal is available from RCP by e-mailing Jessica Roger or calling 1-888-727-9937.