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There are three ways to participate in FERC proceedings by filing with FERC (descriptions below):
– file Comments on the project
– Protest the filing (Motion to Intervene can be included in Protest filing)
– file a Motion to Intervene in the proceeding
(Step by Step illustrated instructions on filing on the FERC system).
*In all of these methods, please specify the docket numbers for the pipeline application you’re participating in.
Note that you can eComment or eFile (protest or otherwise) on up to two dockets at a time, with docket numbers separated by a comma. You can repeat the process for any additional dockets, or file for each separately. You can also file multiple times if you find or realize more aspects of a project proposal need additional comment.
For detailed points of argument and docket numbers for each proposed project, please visit the page for that project. » Current Major Projects home page. FERC prefers electronic filing directly on their system, as described below. There are also instructions at the bottom of this page for filing by US mail, if you prefer to do so.
• COMMENTING
Any person wishing to comment on the project may do so. Comments may include statements of support or objections to the project as a whole or specific aspects of the project. The more specific your comments, the more useful they will be.
For fast comments, you can submit eComments directly online with FERC, or if you want to send longer documents, you can eFile documents.
*Note: this is not the same as filing a Protest. See “PROTESTING” below.
» Step by step instructions for filing with FERC
• PROTESTING
For filings made for a “Blanket Authorization” under a previous certificate, or for a Reissuance of a previously granted certificate, filing a protest is a necessary process for ensuring there is a record of opposition and that updates to the process are filed on the FERC docket. Without a protest on file, these types of project proposals can be automatically approved and no further updates filed on the docket.
Filings made as a request for “Reissuance” of previously granted FERC certificates or proceedings are rare. It’s a largely untried path for pipeline approval that so far has only been used for Williams Co.’s Northeast Supply Enhancement (NESE) pipeline. That one was granted on a short timeline. Now they’re doing the same for Constitution.
A protest may also serve as a motion to intervene so long as the protestor states they also seek to be an intervenor.
Protest document format:
(§ 157.205 Notice procedure. (e) Protests. (2) Protests shall be filed in the following form)
– Bold header:
United States of America Before the Federal Energy Regulatory Commission
[Name of pipeline company] Docket No.
Protest to Proposed Blanket Certificate or Certificate Reissuance Activity
– Start of text:
(Name of Protestor – individual or organization) hereby protests the request filed by (Name of pipeline) to conduct a (construction of facilities, abandonment, etc.) under § 157.205 of the Commission’s regulations. Protestor seeks to have this request processed as a separate application.
(Include a detailed statement of Protestor’s interest in the activity and the specific reasons and rationale for the objection and whether the protestor seeks to be an intervenor.)
» Template for Constitution Pipeline
» Step by step instructions for filing with FERC
• INTERVENING (*if not already included in a Protest filing)
Any person, which includes individuals, organizations, businesses, municipalities, and other entities, has the option to file a motion to intervene in this proceeding. Only intervenors have the right to request rehearing of Commission orders issued in this proceeding and to subsequently challenge the Commission’s orders in the U.S. Circuit Courts of Appeal.
Your motion to intervene must state, to the extent known, your position regarding the proceeding, as well as your interest in the proceeding. For an individual, this could include your status as a landowner, ratepayer, resident of an impacted community, or recreationist. You do not need to have property directly impacted by the project in order to intervene.
» Samples
» Step by step instructions for filing with FERC
Filing by US Mail or hand-delivered documents:
You can also file comments by US Mail or direct delivery methods, though FERC prefers electronic.
Mail to:
Debbie-Anne A. Reese
Secretary, Federal Energy Regulatory Commission
888 First Street N.E.
Washington, DC 20426
or by hand or by other delivery method:
Attention of Ms. Reese
Secretary, Federal Energy Regulatory Commission
12225 Wilkins Avenue
Rockville, Maryland 20852
More info at FERC site:
» For more information about motions to intervene, refer to the FERC website.
» FERC FAQs on filing as an intervenor
» FERC guide for writing effective comments
For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or OPP@ferc.gov.