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FERC order no. 871-B – Energy and Natural Resources

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FERC order no. 871-B

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On May 4th, FERC revised its final ruling on when to grant approval for the construction of natural gas pipeline facilities

Under Order 871-B, FERC will not grant any construction progress approval until the earlier of the following dates:

  1. the date on which a trial application is no longer pending; or
  2. 90 days after a trial application is considered rejected

The ban only applies if the trial application contradicts the project

FERC also announced a general policy to keep pipeline certificates in effect during the 30-day trial period

A pipeline project can apply for an exemption from this policy if it shows “significant hardship”.

“[Order No. 871-B] strikes a compromise that protects the interests of the parties affected by a new pipeline and at the same time gives developers the security they need to invest in energy infrastructure “- FERC chairman Richard Glick

Originally published May 10, 2021

The content of this article is intended to provide general guidance on the subject. Expert advice should be sought regarding your specific circumstances.

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