WA co-leads coalition opposing federal regulator’s unlawful plan to fast-track gas pipeline projects

A proposed rule from the Federal Energy Regulatory Commission (FERC) to unlawfully fast-track more natural gas pipeline projects would likely raise consumers' energy bills, increase air pollution, and worsen climate change, Attorney General Nick Brown and a coalition of attorneys general argued today in comments submitted to the commission.

The multistate coalition submitted comments regarding the commission's proposed rule, issued on May 21, to expand the category of pipeline projects that are automatically authorized under its "blanket certificate." That change would allow more projects to bypass review required under the Natural Gas Act to ensure that the projects serve the needs and interest of the public.

The commission "must ensure that new pipelines do not unfairly burden everyday consumers, the air we breathe, and the water we use," the AGs wrote in the comment letter.

"This illegal rule would leave Washingtonians stuck with higher bills and more pollution," Brown said. "It's vital that we push back against the federal government's attempt to reduce oversight of pipeline projects at the expense of consumers and our environment."

In Washington, the pipeline company Williams is planning multiple expansions for the Northwest Pipeline, which runs along the I-5 corridor and the Columbia River. The projects appear largely intended to serve data centers. The company has not yet sought FERC approval for the projects. If FERC's proposed rule goes into effect, all or part of these projects could move forward with minimal public or regulatory scrutiny.

FERC is proposing to substantially increase the dollar threshold for projects that qualify for automatic approval, which allows companies to proceed without any advance notice to the public or FERC. Under current regulations, projects that cost less than $14.5 million qualify for this automatic approval. FERC proposes to more than double that threshold to $30 million.

Additionally, FERC proposes to lift the threshold to $86 million, up from $41.1 million currently, for so-called "prior notice" projects. Under that category, companies must provide 60 days' notice and if no objections are made, the companies can proceed. The commission would also adjust those thresholds annually based on an industry index of construction costs rather than its current inflation-based measure. FERC is also proposing to give "prior notice" approval for all compressor expansion projects that occur within the fenceline of an existing station, no matter the cost.

The coalition argues that FERC's proposed rule would violate the Natural Gas Act, the Administrative Procedure Act, and the National Environmental Policy Act.

Brown and Massachusetts Attorney General Andrea Joy Campbell are co-leading the comment submission. Joining them are the attorneys general of Arizona, California, Colorado, Connecticut, Illinois, Maine, Maryland, Michigan, Minnesota, New York, Oregon, Vermont, and the District of Columbia.

Read the comment letter here.

-30-

Washington's Attorney General serves the people and the state of Washington. As the state's largest law firm, the Attorney General's Office provides legal representation to every state agency, board, and commission in Washington. Additionally, the Office serves the people directly by enforcing consumer protection, civil rights, and environmental protection laws. The Office also prosecutes elder abuse, Medicaid fraud, and handles sexually violent predator cases in 38 of Washington's 39 counties. Visit www.atg.wa.gov to learn more.

Media Contact:

Email: [email protected]

Phone: (360) 753-2727

General contacts: Click here

Media Resource Guide & Attorney General's Office FAQ