FERC

Objectives

• Project Approval Process

• Steps Leading to Construction
• Lead Agency Authority
• FERC Involvement During
Construction
• Project Change Process
Federal Energy Regulatory
Commission (FERC)
• Lead Federal Agency
• Responsible for regulating interstate natural gas
pipelines
• NEPA
• Requires evaluation of the environmental effects
of federally authorized projects
• EIS
• Document summarizing the NEPA environmental
analysis
 Post EIS

ACP and DETI

Commission prepare
FERC Order FERC issues
Approval Implementation
Plans

Authorizes Approval can be

project but does limited to select
not authorize areas or
construction to activities
begin
FERC Involvement During
Construction
• FERC monitors environmental compliance during
construction
• Third-Party Compliance Monitoring Program
• Under direction of the FERC staff
• Compliance Manager and Compliance Monitors
• Document ACP/DETI’s environmental
compliance
• Assists with variance review and approval
• Interacts with environmental inspection staff
• Stop Work Authority
Project Changes Post
Implementation Plan
Variance Process Level
3

Level
2

Level
1

• Formally filed with FERC

• Approved by FERC
Environmental Project
Manager
Approved by FERC
Compliance Manager

Approved by FERC
Compliance Monitor
(field approval)
Level 1 Variance Request
• Developed by contractor
• Needs landowner approval
• Submitted by ACP/DETI to the onsite FERC
Third-Party Compliance Monitor
• Examples of Level 1 requests include:
• Allowing rubber-tired vehicles to use “like use”
roads;
• Minor variations in site-specific stream crossing
plans; and
• Shifting extra workspace along the right-of-way
a short distance.
 Example of Level 1 Request
SHIFT OF WORKSPACE
• Same Landowner
• Same Size/Impact
Level 2 Variance Request
• Initiated by contractor and requires landowner
approval
• Submitted by ACP/DETI to the FERC Third-Party
Compliance Manager
• Requires additional documentation
• Examples of Level 2 requests include:
• Extra workspace outside of the previously
approved work area;
• Existing access roads that have not been
previously approved that are not “like-use”; and
• Modifying an approved access road in ways not
previously identified.
 Example of Level 2 Request
EXTRA WORKSPACE
• Located within previous survey corridor
• No sensitive resources present
Level 3 Variance Request

• Formally filed by ACP/DETI with the FERC

• Extra workspaces, access roads, or route
realignments for which landowner approval
cannot be obtained;
• Project-wide changes to mitigation measures or
construction/restoration procedures; and
• Extra workspaces, access roads, or route
realignments outside the previously surveyed
corridor that require additional surveys and
agency approvals
Example of Level 3 Request
CONTRACTOR YARD /
ACCESS ROAD

New survey and

agency consultation for:

• T&E

• Wetlands and Waterbodies

• Cultural Resources
Variance Requests

• Must be approved by a FERC representative

BEFORE using
• US Forest Service Lands are different
• Different approval process
• Different approval time lines
Sample Variance Request Form
Level 1 and Level 2 Requests
Dominion Variance Request
Review Process
Prior to submitting a Contractor initiates
variance request to request
FERC for approval,
the request must be
vetted by Dominion

The Lead EI will Plan Ahead

coordinate with the • Certain variances
site Superintendents require a long lead
and Chief Inspector time to prepare—
prior to submitting
to FERC
• Approval times will
vary