Thought Leadership

FERC Order No. 871-B

Client Updates


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

Baker Botts is an international law firm whose lawyers practice throughout a network of offices around the globe. Based on our experience and knowledge of our clients' industries, we are recognized as a leading firm in the energy, technology and life sciences sectors. Since 1840, we have provided creative and effective legal solutions for our clients while demonstrating an unrelenting commitment to excellence. For more information, please visit


Related Professionals