The Federal Energy Regulatory Commission will seek feedback on the scope and function of an Office of Public Participation it is creating that could play an important future role in the commission's natural gas project siting and its power sector oversight.
The commission plans a workshop on April 16 to help gather public views on the office, and in a Feb. 22 notice asked stakeholders to provide input on a handful of topics.
Congress in December, as part of an omnibus spending bill, reaffirmed the direction first given to FERC in the Public Utility Regulatory Policies Act of 1978 to establish such an office.
The latest congressional action followed heightened attention during recent House hearings and in federal appeals court rulings on questions regarding fairness to landowners in FERC's natural gas pipeline siting process. But as far back as March 2016, 30 consumer and environmental groups, led by Public Citizen, also petitioned FERC to set up the office to give public interest groups an even footing with utilities participating in the multiple, highly technical dockets before FERC.
Areas of focus
FERC's notice said that it will be seeking input on the scope and function of the office, organizational structure and approach, the use of equity tools, and participation by tribes, environmental justice communities and others who have not historically participated before the commission.
In addition, the commission sought input on "intervenor compensation." The 1978 law said FERC may issue rules to compensate for legal fees and other costs of intervening and participating. But it restricted the compensation to areas in which parties "substantially contributed" to a determination by the commission, and to cases in which FERC determines that the proceeding is "significant" and that the participation without compensation "constitutes a significant financial hardship" to a party.
FERC's administration of such a compensation system could present challenges given that contested pipeline dockets on occasion draw thousands of commenters.
On the power side, advocates are pushing for the new office to have staff assigned to each of the regional transmission organizations and independent system operators that FERC oversees.
Tyson Slocum, director of the consumer advocacy group Public Citizen's energy program, suggested in an interview that an example where the new office may play a role could be in educating the public about a proposal (ER21-1111, et al.) by a group of 14 utilities in the U.S. Southeast to create a new regional energy exchange market.
On the natural gas side, some attorneys representing landowners have argued more help is needed to level the playing field between their clients and well-financed pipeline companies.
Carolyn Elefant, who frequently represents landowners, said in a recent interview that landowners need help as well after projects are approved.
"I think they need ongoing assistance not just defending their interests beforehand, but also protecting their interests afterward, making sure that the property is restored, making sure that there's adequate oversight, making sure there's a place for them to provide to provide input on the construction," Elefant said.
And Megan Gibson, senior staff attorney at the Niskanen Center, was hopeful the office could help fill a void in providing clear information to landowners about the pipeline certification process and how to engage with it. FERC needs to do much more to "meet every landowner where they are," she said in a recent interview, highlighting a need, for instance, to help elderly people in rural places, with limited internet access or ability to use it.
The Interstate Natural Gas Association of America has emphasized that it will continue to work with FERC and stakeholders to promote timely public engagement on pipeline projects, consistent with its landowner commitments. "Early landowner participation in certificate proceedings can ensure that all voices are heard and all input is considered by FERC and the pipeline developer," it said in a recent emailed statement.
Maya Weber is a reporter with S&P Global Platts. S&P Global Market Intelligence and S&P Global Platts are owned by S&P Global Inc.