ARTICLE
12 May 2021

FERC Order No. 871-B

BB
Baker Botts

Contributor

Baker Botts is a leading global law firm. The foundation for our differentiated client support rests on our deep business acumen and technical experience built over decades of focused leadership in our sectors and practices. For more information, please visit bakerbotts.com.
On May 4, FERC revised its final rule on when it will grant authorization to proceed with the construction of natural gas pipeline facilities.
United States Energy and Natural Resources

On May 4, FERC revised its final rule on when it will grant authorization to proceed with the construction of natural gas pipeline facilities

Under Order 871-B, FERC will not grant authorization to proceed with construction until the earlier of:

  1. the date a rehearing request is no longer pending; or
  2. 90 days after a rehearing request is deemed denied

The prohibition only applies if the rehearing request opposes the project

FERC also announced a general policy of staying the effectiveness of pipeline certificates during the 30 day rehearing period

A pipeline project may seek an exception from this policy upon showing "significant hardship"

"[Order No. 871-B] strikes a compromise that protects the interests of the parties affected by a new pipeline while also providing developers with the certainty needed to invest in energy infrastructure" -- FERC Chairman Richard Glick

Originally published 10 May 2021

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More