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Congress Eyes Faster Track on Pipelines

MONDAY, JUNE 1, 2015


WASHINGTON, D.C.—Ensuring a timely turnaround for oil and gas pipeline projects is the goal behind a bill now making its way through the U.S. Senate.
 
The Oil and Gas Production and Distribution Reform Act (S. 1210) would, among other things, set a 90-day deadline for federal agencies to approve or deny projects, codifying what already is a policy of the Federal Energy Regulatory Commission. The commission is responsible for coordinating the permitting process for pipeline projects among agencies.  
 
Sen. Shelley Moore Capito, R-West Virginia, introduced the bill on May 6.
 
A capacity boost
 
Capito said in a statement that the bill would help increase the country’s oil and gas pipeline capacity, which is particularly important in her region, where natural-gas production from the Marcellus Shale has exceeded the industry’s ability to carry it away.  
 
“West Virginia’s Marcellus Region has the largest shale gas reserves in the United States," said Capito. "This rapid rise in production in the Marcellus Region has been great for our economy, but has outpaced our pipeline’s capacity."
 
Photos: Federal Energy Regulatory Commission
The Senate bill would codify a regulation that sets a 90-day deadline for federal agencies to approve or deny pipeline projects.
Photos: Federal Energy Regulatory Commission

The Senate bill would codify a regulation that sets a 90-day deadline for federal agencies to approve or deny pipeline projects.

The bill, which has been referred to the Energy and Natural Resources Committee, is co-sponsored by Sens. Heidi Heitkamp (D-ND) and Bill Cassidy (R-LA). 

“A key piece of developing and implementing a multifaceted, bipartisan energy strategy includes building out our energy infrastructure to meet our energy transportation needs,” Heitkamp said in a statement
 
“It just makes sense that oil and gas pipeline applications should be addressed in a timely manner so we can more efficiently site and construct additional pipelines while paving the way for North American energy independence and security.”
 
Another Measure
 
The bill is similar in intent to one that the House passed in January. That bill, the Natural Gas Pipeline Permitting Reform Act (H.R. 161), would impose a one-year deadline on FERC to decide whether to issue certificates of public convenience and establish a 90-day deadline for other agencies to approve associated permits and licenses. 
 
It is debatable as to how much such measures would actually speed up the process, however, according to a January 2015 report by the Congressional Research Service. The report noted that on an implied basis, it takes FERC 11.6 months to approve projects. Those findings were based on a previous report from the U.S. Government Accountability Office
 

“It just makes sense that oil and gas pipeline applications should be addressed in a timely manner so we can more efficiently site and construct additional pipelines while paving the way for North American energy independence and security," said co-sponsor Sen. Heidi Heitkamp (D-ND).

 
“However, 12 months could represent a reduction in the review time that might be expected for atypically lengthy or complex pipeline projects, perhaps routed through heavily populated or environmentally sensitive areas," the report said.
 
“The safety or environmental reviews for such projects might place them in the ‘tail’ of the review time distribution reported by GAO." 
 
The effect of the 90-day agency deadline also is debatable, the report said.
 
“Note that this deadline occurs only after FERC’s environmental review is completed, so other agencies would presumably have months during FERC’s … review to conduct reviews of approvals under their jurisdiction.” 
 
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Tagged categories: Government; Laws and litigation; Oil and Gas; Pipelines; Program/Project Management


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