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Home My WebLink About20140957 Ver 1_FERC Presentation_20150205Burdette, Jennifer a From: Gibby, Jean B SAW <Jean.B.Gibby @usace.army.mil> Sent: Thursday, February 05, 2015 2:11 PM To: john_ellis @fws.gov; Burdette, Jennifer a; Graham, James; Sandra.H.Williams @dom.com; Spencer.trichell @nrg- Ilc.com Subject: FW: Oil and Gas Workgroup (Follow -up) (UNCLASSIFIED) Attachments: RE: Oil and Gas Workgroup (Follow -up) (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE As promised Jean B. Gibby Chief, Raleigh Field Office U.S. Army Corps of Engineers Regulatory Division 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 (919) 554 -4884, Ext. 24 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http : / /regulatory.usacesurvey.com /. Classification: UNCLASSIFIED Caveats: NONE Burdette, Jennifer a From: Sent: To: Cc: Subject: Attachments: Classification: UNCLASSIFIED Caveats: NONE Hatten, Michael E LRH <Michael.E.Hatten @usace.army.mil> Monday, February 02, 2015 4:34 PM Hatten, Michael E LRH; Gibby, Jean B SAW; Frye, Jennifer S. NAO; Brown, Craig J SAW; Gibson, Steven W NAO; Walker, William T (Tom) NAO; Beter, Dale E SAW; Beter, Dale E SAW; Dahl, Kyle J SAW; McLendon, Scott C SAW; Wicker, Henry M JR SAW Mullins, Ginger LRH; Chubb, Suzanne L LRD RE: Oil and Gas Workgroup (Follow -up) (UNCLASSIFIED) Lykens FERC presentation COE.PPTX FYSA, Attached is a copy of FERC's presentation, which will be presented on 4 Feb 2015 at fpm. Michael Hatten U.S. Army Corps of Engineers, Huntington District Acting Chief, Energy Resource Branch 304 - 399 -5210 Phone 304 - 399 -5085 Fax 304 - 399 -6918 Direct 304 - 638 -9573 Cell - - - -- Original Message---- - From: Hatten, Michael E LRH Sent: Tuesday, January 27, 2015 11:09 PM To: Gibby, Jean B SAW; Frye, Jennifer S. NAO; Brown, Craig J SAW; Gibson, Steven W NAO; Walker, William T (Tom) NAO; Beter, Dale E SAW; Beter, Dale E SAW; Dahl, Kyle J SAW; McLendon, Scott C SAW; Wicker, Henry M JR SAW; Mullins, Ginger LRH; Hatten, Michael E LRH Subject: Oil and Gas Workgroup (Follow -up) (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Oil and Gas Workgroup, As a follow -up to our teleconference last week, below is information on the upcoming FERC workshop and attached is an example of a multi- district coordination letter (in LRD), Huntington District's Multi- district Oil and Gas Projects tracking spreadsheet (draft), LRD Oil and Gas Project POCs, example of Ohio Oil and Gas Fact Sheet (developed by LRB), and our file naming convention used in ORM data entry (useful for ORM queries and sorting project work types). Please reference the workshop /agenda below and submit any additional topics or questions you may like to be addressed by FERC during the workshop next week. We have contacted FERC and advised them that we may request some additional topics, so please submit these to me by COB 30 Jan. FERC Workshop /Agenda: LRH Regulatory Division has setup a FERC workshop for 4 Feb 2015 (at 1pm). The workshop will cover FERC's NEPA Process for Natural Gas Projects, FERC's regulatory responsibility outside of NEPA (toward granting a Certificate of Public Convenience and Necessity), and FERC's role and timeline in carrying out its NEPA responsibilities along with other agencies. The FERC presenters are responsible for working with the oil and gas activities within the Appalachian region. A web meeting will allow our field folks to attend as well as other Regulatory districts. The audio and web meeting information is provided below. -------------------- - - - - -- Audio Conference -------------------- - - - - -- USA Toll -Free: 888 - 273 -3658 ACCESS CODE: 9516903 ---------------------- - - - - -- Web Meeting ---------------------- - - - - -- Web Meeting Address: https: / /www.webmeeting.att.com < https: / /www.webmeeting.att.com> Meeting Number(s): 888 - 273 -3658 or 213 - 270 -2124 ACCESS CODE: 9516903 FERC Attendees: Alisa M. Lykens, Chief Gas Branch 2 Division of Gas - Environment and Engineering Office of Energy Projects Federal Energy Regulatory Commission (202) 502 -8766 Juan I. Polit Gas Branch 2 /Office of Energy Projects Federal Energy Regulatory Commission 888 1st Street N.E., PJ11.2 Washington D.C., 20426 (202)- 502 -8652 phone (202)- 208 -0353 fax 0uan.polit @ferc.gov Brian Sterner, PWS (Contractor for FERC) ERM 800 Cranberry Woods Drive, Suite 290 Cranberry Township, PA 16066 Mobile: 412 - 559 -2139 Direct: 724 - 933 -5834 Fax: 724 - 933 -5464 brian.sterner(@erm.com Innnnni arm rnm Thanks for reaching out to LRH RD for the call last week. I hope this information sharing is helpful, organized /routine calls may be beneficial for all districts involved. Thankyou Michael Hatten U.S. Army Corps of Engineers, Huntington District Chief, Energy Resource Branch 304 - 399 -5210 Phone 304 - 399 -5085 Fax 304 - 399 -6918 Direct 304 - 638 -9573 Cell PEI - - - -- Original Message---- - From: Gibby, Jean B SAW Sent: Thursday, January 22, 2015 11:11 AM To: Frye, Jennifer S. NAO; Brown, Craig J SAW; Gibson, Steven W NAO; Walker, William T (Tom) NAO; Beter, Dale E SAW; Hatten, Michael E LRH; Beter, Dale E SAW; Dahl, Kyle J SAW Subject: Dominion Notes from Raleigh Regulatory (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Team, I know that I missed some folks, but here is a copy of the notes I took during our teleconference. If I miswrote something, please let me know. Thanks so much, Jean B. Gibby Chief, Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 (919) 554 -4884, Ext. 24 Classification: UNCLASSIFIED Caveats: NONE Classification: UNCLASSIFIED Caveats: NONE Classification: UNCLASSIFIED Caveats: NONE FERC Introduction Meeting February 3 and 4, 2015 Alisa M. Lykens — Chief, Gas Branch 2 Division of Gas — Environment & Engineering Office of Energy Projects Federal Energy Regulatory Commission SPEAKER'S NOTES FERC Who is FERC? (D FERC is an independent federal regulatory agency that: • Regulates the interstate transmission of natural gas (siting & rates); electricity and oil (rates only); • Reviews proposals to build interstate natural gas pipelines and liquefied natural gas (LNG) terminals, and natural gas storage fields (National Enviro. Policy Act) • Licenses and inspects non - federal hydropower projects Office of Energy Projects Ir FERC FERC Organization Chart Chairman Commissioner Commissioner Commissioner Commissioner Cheryl LaFleur Philip D. Moeller Tony Clark Norman Bay Colette D. Honorable .............................. ................................................................................. E Enforcement Electric E. Affairs Counsel 1 Administrative Administrative Energy Market Executive Energy Policy & Litigation Law Judges Regulation Director Innovation Offffi-ce Energy Projects FERC FERC's Siting Authority C) , Section 7 of the Natural Gas Act - Determination of public convenience and necessity Energy Policy Act of 2005 - Assigns FERC exclusive siting authority —does not preempt other required federal authorizations - Optional use of Pre - Filing Process for pipeline projects - Names FERC lead agency for NEPA review and coordinator of all federal authorizations Office of Energy Projects M FERC Projects Exempt from FERC Jurisdiction .' Local Distribution Company facilities (e.g., PSE &G New Jersey Natural Gas, etc.) Intrastate pipelines (where gas is produced, transported and consumed within a single state) Hinshaw pipelines (gas is produced in one state, but is received at the state border of another and transported and consumed within that state) Production and gathering facilities Office of Energy Projects 5 FERC State and Local Permits AYY OY'f FERC encourages cooperation between interstate pipelines and local authorities. Goal is to work with agencies to identify and minimize conflicting requirements , If the Commission approves a project, state or local permits must be consistent with the conditions of any FERC certificate State and local agencies may not prohibit or unreasonably delay the construction or operation of facilities approved by the Commission Office of Energy Projects A FERC FERC Role FERC is the lead for NEPA review; coordinator of federal authorizations . Other agencies urged to participate in process FERC establishes a schedule for all Federal authorizations • Ensures expeditious processing of all natural gas project permits and authorizations • Federal authorization decisions to be issued within 90 days of FERC's Final NEPA document , FERC to maintain complete consolidated record . Provides for swifter judicial review G) Office of Energy Projects 7 FERC Division of Gas ,. Environment and En t ineerin 9) g� Evaluate applications and conduct environmental reviews /siting for jurisdictional gas facilities: . Import /Export, Storage, Interstate Transmission, Abandonment, LNG , Conduct inspections of jurisdictional facilities . LNG facilities and pipeline construction Office of Energy Projects 0 SPEAKER'S NOTES FERC Phases of Project Review Marketing and Preliminary Project Design The applicant working on its own Pre- Filing FERC staff working with the applicant and stakeholders before the filing of an application Application Review FERC preparing NEPA document that is reviewed by cooperating agencies prior to public issuance for comment , Post - Authorization FERC staff working to ensure compliance with conditions to the FERC approval Office of Energy Projects FERC File Application Certificate Process Non - Environmental Review and Analysis • Engineering — GQI, storage, hydraulic flow • Tariff — rates, terms & conditions of service • Policy — precedents, rules, regulations • Accounting Preparation of EA or EIS • Project description/ purpose and need • Water Resources • Ecology — fish, wildlife, vegetation • Cultural Resources — historic preservation • Land use /socioeconomics — recreation, aesthetics • Soils and geology • Air and noise • Alternatives Y;} L Issue Order 10 FERC and, w The Pre - Filing Process ; More interactive NEPA /permitting process, no shortcuts Be more proactive and explore ways to Outreach Earlier, more direct interaction between FERC, other agencies, stakeholders, and the applicant Transparency in the Pre - Filing Review Process Goal is to resolve problems and have "no surprises" Encourages cooperation with federal, state, and local authorities FERC sta f f is an advocate f or the Ealcess, not the project Office of Energy Projects 11 FERC NEPA Pre - Filing Review AYY OY'f , Project is in the preliminary planning phase r Formal application has not been filed , Purpose of the Pre - Filing Process • encourage involvement by interested stakeholders in a manner that allows for the early identification and resolution of issues • identify and attempt to address environmental issues prior to the time when an application is filed • Review and comment on draft resource reports Office of Energy Projects 12 FERC FERC Pre - Filing Activities 1 Identify affected parties . landowners • agencies • other stakeholders Facilitate identification of issues , Identify study needs , Facilitate resolution of issues , Issue scoping notice , Examine alternatives Arrange and attend site visits and meetings Initiate preparation of preliminary NEPA document , Review draft resource reports Office of Energy Projects 13 FERC i 2 3 4 5 6 7 Resource Reports AYY OY'f General Project 8. Land Use, Recreation & Description Visual Impacts Water Use & Quality s. Air Quality & Noise Fish, Wildlife & 1o. Alternatives Vegetation 11. Reliability & Safety Cultural Resources 12. PCB Contamination (for Socioeconomics pipelines only) Geological Resources 13. LNG Engineering & Soils Design Details Office of Energy Projects 14 Not subject to ex parte rules Participating • Same as cooperating agency during pre - filing stage • Limits to communication and review during application stage Intervenor • Must file a formal motion to intervene • Submissions must be served on the applicant and all other parties to the proceeding • May seek rehearing of the FERC decision and possibly judicial review at the Court of Appeals. Office of Energy Projects 15 FERC FERC /Agency Actions During Pre - Filing Review route, identify study needs, and examine alternatives , Connect with affected stakeholders Participate in applicant open houses, hold interagency meetings, inform local elected officials, and meet with landowners , Facilitate identification and resolution of issues Analyze draft resource reports and initiate preparation of NEPA document Office of Energy Projects 16 FERC Applicant's Responsibilities pp p D ,Route development, infrastructure assessment, engineering design, and environmental surveys ,Recognize and address stakeholders' concerns and develop public participation plan ,Invite the public to open houses .Prepare FERC and other permit applications Engage in proactive planning and communication Office of Energy Projects Prepare draft resource reports and develop mitigation plans 17 SPEAKER'S NOTES FERC Applicant's Responsibilities at Filing Time Q , Identify and address agency and stakeholder concerns Provide consistent information to agencies and stakeholders , Submit complete FERC application Provide FERC its proposed schedule of Federal applications and anticipated receipt dates File for all Federal authorizations before or concurrent with FERC application filing Office of Energy Projects Discipline by the applicants: Be Proactive — Teamwork - Engage bring the agencies and others together Involve them in project planning in FERC FERC /Coop. Agency Actions During Application Review 0 ,Develop and issue data requests, if needed .Prepare /review EA or draft EIS ,FERC issues EA or draft EIS .Attend comment meeting on draft EIS .Address comments and issues final EIS Office of Energy Projects 19 FERC Federal Permitting Agencies' Responsibilities Identify concerns during pre- filing process . Focus on details and resource concerns early , Within 30 days of receiving a request for authorization from the applicant: • Notify FERC if application is complete • Specify any additional information needs and timing . Identify any required studies . Clarify ability to meet the applicant's proposed schedule . Identify relevant statutory timeframes Office of Energy Projects 20 FERC Federal Permitting Agencies' Responsibilities File any data requests with FERC within 10 days Contribute to FERC's consolidated record Provide a final decision within 90 days of FERC's final environmental document (EA /FEIS) . Unless other statutory timeframes exist Office of Energy Projects 21 Public Input Opportunities Public Input Opportunities Public Input Opportunities Applicant Process Assesses market need and considers prior" feasibility Requests use of FERC's Pre - Filing Process Studies potential site locations Identifies Stakeholders Holds open house to discuss project I Conducts route studies and field surveys. Develops applicator. I Files formal application with the FEHC FERG Process Recerves Applicant's request to conduct its review of the project within FERC's NEPA Pre- Filing Process Formally Approves Pre - Filing Process and issues PF Docket He. to Applicant Participates in Applicant's open house Issues Notice of Intent for Preparation of an EIS opening the soaping period to seek public comments. Holds public seeping meedng(s) and site visits in the project area. Consults with interested stakeho4ders. I Issues Notice of Application Analyzes data and prepares Draft EIS Issues craft EIS and opens comment peril Holds public comment meetings on the Draft EIS in the projeclt area Responds to comments and revises the Draft EIS Issues Final EIS Parties can request. FERG to rehear decision Submits outstanding information to satisfy conditions Issues Notice to Proceed of Commission Order with construction_ 22 Public Input opportunities Public Input opportunites Public Input Opportunities Applicant Process Assesses market need and considers project feasibility Requests use of FERC's Pre - Filing Process Studies potential site locations Identifies Stakeholders Holds open house to discuss project I Conduits route studies and field surveys. C—lops applicafi- Files formal application with the FERC Submits outstanding information to satisfy conditions of Commission Order FERC Process Receives Applicant's request to conduct its review of the project within FERCs NEPA Pre�Filing Process t Formally Approves Pre - Filing Process and issues PF Docket No. to Applicant Participates in Applicant's open house r Issues Notice of Intent for Preparation of an FA opening the souping period to seek public comments. I May hold public seeping meetings) and site visits in the project area. Consults with interested stakeholders. i Issues Notice ol'Applicaticn Analyzes data arW prepares EA If no scoping comments are received, FA is placed directly into ELibrary. Ifsubstantive comments are received, EA is mailed out for public comment. Responds to comments Parties can request FERC to rehear decision I _ issues Notice to Proceed with construction. 23 Environmental Compliance Management Program Construction 24 Objectives: Discuss Daily Tasks Prior to construction During construction Ensuring compliance Today I'm going to talk about what some of our daily tasks are once the certification process is complete, and an Order is issued for the project. I'll go over what we do prior to construction, during construction and how we make sure the applicant does what they said they would. 25 FERC's Plan and Procedures Upland Erosion Control, Revegetation and Maintenance Plan Wetland and Waterbody Construction and Mitigation Procedures , Baseline mitigation measures for construction and maintenance activities at jurisdictional facilities Revised versions issued May 2013 (Docket No. AD12 -2- 000) See http: / /www.ferc.gov/ industries /gas /enviro /guidelines.asp. Also referred to at 18 CFR 380.12(i)(5), 380.12(d)(2), and 18 CFR 157.206(b)(3)(iv). The FERC Plan and Procedures provide baseline mitigation measures for construction and maintenance activities. The Plan relates to upland areas and the Procedures relates to wetlands and waterbodies A revised version was issued in May of last year, and that's available on the FERC website. 26 Prior to Construction , Once the Commission approves the project: • Review Implementation Plan provided by Applicant • Ensure all relevant federal authorizations are received • Applicant Environmental Training — FERC staff attends if possible • Grant Applicant a Notice to Proceed with Construction, via letter from the Director of OEP Once the Commission approves a project, the Applicant will provide an Implementation Plan which outlines construction. We review that to make sure it satisfies all conditions in the Order, as well as follows other best management practices as outlined in the environmental document. Once we approve the IP and give a notice to proceed with construction, environmental training must be held for all personnel who will be on site or involved in construction of the project. Once that is complete, then Construction may begin. 27 During Construction- Inspections FERC Inspections , 1) FERC staff 2) Inspection Contractor- Tetra Tech 3) Third party compliance monitoring program During construction, the Applicant will always have at least 1 Environmental Inspector per construction spread on site. The frequency of how often inspections take place depends on the type of project, the scope of the project, whether there are significant environmental concerns or if there is project controversy. Either FERC staff can do the inspection, or we can have a contractor from Tetra Tech represent FERC staff and do the inspection. They'll prepare inspection reports which will get posted on eLibrary. The Applicant can also agree to participate in the 3rd Party Compliance Monitoring Program. The biggest benefit to this program is a quicker review process for variance requests. I'll talk about variances in a few minutes. For the 3rd party program, there is a compliance monitor and a compliance manager, who are an extension of FERC staff. The monitor is on site everyday while construction is occurring and they will provide daily inspection reports The compliance manager provides weekly summary reports which get posted online. FERC staff will still go out periodically to do inspections with the monitor and compliance manager. Having a monitor in the field helps us to know exactly what is happening each day. Such as if there are any environmental issues, or any W potential project changes coming. During construction, the Applicant will always have at least 1 Environmental Inspector per construction spread on site. The applicant is also required to prepare weekly or Bi- Weekly Project Reports, which are also sent to FERC and posted in eLibrary. The reports summarize the project construction status and any issues which have come up. Required until construction and restoration activities are complete Construction status by spread Compliance and landowner issues and corrective actions Use of "pre- authorized" additional work areas Planned work activities M Typical Compliance Levels Communication • Document and track relevant meetings or discussions Acceptable • Area or activity is in compliance and mitigation measures are adequately implemented Problem Area • Location or activity does not meet definition of acceptable but is not a non - compliance Non- compliance • Activity is not in compliance, results in damage to resources, or places sensitive resources at risk Serious Violation • Activity caused harm or poses a serious threat to environmental resources FERC has 5 different reporting levels for compliance inspections. The last 4 are used when either FERC or Tetra Tech are doing the inspections. When we're using the 3rd party compliance program, we also have the added level of Communication. These are usually discussions between our Compliance Monitor and the Applicant's Environmental Inspector. 29 Common Compliance Issues Inadequate secondary containment , Use of unapproved access roads , Conducting activities outside the approved construction work area , Topsoil /subsoil mixing , Dewatering Although we'd love for a project to be in construction with no problems, that rarely happens. Here's a list of some of the more common compliance issues that we come across. The point to be made is that we are constantly monitoring construction and restoration, AND until all compliance issues are resolved and restoration is proceeding satisfactorily, we will not approve "in- service" for a project. And now it's time for some pictures! 30 Secondary containment is a common compliance issue. We require that all equipment containing fluids hazardous to environmental resources have a double layer of protection in case there is a leak. While a child's wading pool is a common form of secondary containment, it is not being used properly here. The pump to the right should be in the wading pool rather than a member of the environmental crew. If there was a leak in the pump, harmful fluids could leak into the waterbody nearby. This would probably be a Problem Area if the pump is not actually leaking, because it's a fairly quick fix. If the pump is leaking or there are multiple other instances of improper secondary containment, that would probably be a non - compliance. 31 Trench subsidence- This happened after a spring thaw during construction in frozen conditions. The Applicant must re -grade subsoil and restore topsoil grade. Just a problem area. 32 This is an example of restoration proceeding satisfactorily only a few months after construction was complete. You can see the proper erosion control devices still in place and the "neck- down" area at the bottom of the hill which allowed for fewer impacts on sensitive resources. 33 You can see the restoration proceeding satisfactorily here. The restoration efforts doing better than the surrounding landscape. But, once the land continues into other growing seasons, it will be hard to tell where the right -of -way is. 34 FERC Contact Information Federal Energy Regulatory Commission 888 First Street, N.E. Washington, DC 20426 Interagency Coordinator Outreach Coordinator Joanne Wachholder David Hanobic 202.502.8056(D 202.502.8312 joanne.wachholder @ferc.gov david.hanobic @ferc.gov Compliance Manager Danny Laffoon 202.502.6257 da n ny. laffoon @ ferc.gov 35 FERC Contact Information Federal Energy Regulatory Commission 888 First Street, N.E. Washington, DC 20426 0 Alisa Lykens 202.502.8766 alisa.lykens@@ferc.gov 36