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:
- the date a rehearing request is no longer pending; or
- 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
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