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Federal Energy Regulatory Commission

Federal Energy Regulatory Commission. EPAct of 2005 Effect on Review of LNG Facilities & Working with FERC CSO Annual meeting October 18, 2005. Authorities Given to FERC. Regulations issued October 7, 2005 Requires applicant to use PRE-FILING Exclusive siting authority.

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Federal Energy Regulatory Commission

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  1. Federal Energy Regulatory Commission EPAct of 2005 Effect on Review of LNG Facilities & Working with FERC CSO Annual meeting October 18, 2005

  2. Authorities Given to FERC • Regulations issued October 7, 2005 • Requires applicant to use PRE-FILING • Exclusive siting authority

  3. Authorities Given to FERC(cont’d) • Lead agency • Setting schedule for Federal authorizations • Agencies shall comply with the schedule

  4. Authorities Given to FERC(cont’d) • FERC maintains a consolidated record • Agencies must help create this record • Record is for appeals of CZMA or judicial review of agency actions

  5. FERC Coordination with States • Governor appoints an agency to consult • FERC must consult with this agency • State agency files a safety advisory report

  6. FERC Coordination with States (cont’d) • FERC response to the safety advisory report • Emergency Response Plan

  7. FERC Coordination with States (cont’d) • State safety inspections of LNG facilities • State may notify FERC of safety violations • FERC notifies the state of its actions

  8. FERC Coordination with Dept. of Defense • FERC/DOD MOU on LNG facilities which may affect an active military installation • Concurrence of DOD required

  9. Importance of Cooperating Agency Relationship • State CZM Agencies should accept invitations to be cooperating agencies • Help construct the single federal record • Provide review and comment on advanced draft documents • Open communication throughout the review process

  10. Maintaining Options • Cooperating status does not limit State’s ability to develop conclusions different from FERCs • Basis of any disagreements may be addressed in the EIS

  11. Proactive vs. Reactive • Input and feedback is continual rather than episodic • Flexible relationship – expectations tailored to meet agencies capabilities • No surprises

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