Federal Energy Regulatory Commission Faces Proposal to Terminate Updated Certificate Policy Statement

Strategic Insights -

The Federal Energy Regulatory Commission (FERC) has been presented with a proposal from the Secretary of Energy to terminate the policy statement proceeding in Commission Docket Nos. PL18-1-000 and PL18-1-001, Certification of New Interstate Natural Gas Facilities. The proposal seeks to rescind the 2022 draft Updated Certificate Policy Statement and continue to rely on the framework established by the 1999 Certificate Policy Statement. This move has significant implications for the energy industry, as it would affect the Commission's approach to considering applications for new interstate natural gas transportation facilities.

Key Takeaways:

  • The Secretary of Energy has proposed that FERC terminate the policy statement proceeding in Commission Docket Nos. PL18-1-000 and PL18-1-001, Certification of New Interstate Natural Gas Facilities.
  • The proposal aims to rescind the 2022 draft Updated Certificate Policy Statement and continue to rely on the framework established by the 1999 Certificate Policy Statement.
  • The 1999 Certificate Policy Statement was clarified and further clarified in 2000 (FERC P 61,128 and 92 FERC P 61,094, respectively).
  • The Commission has been exploring whether to revise its approach to considering applications for new interstate natural gas transportation facilities since 2018 (163 FERC P 61,042).
  • The deadline for filing comments on the proposal is September 9, 2025, at 5:00 p.m. Eastern Time.
  • Commenters must comply with the requirements of 18 CFR 385.2001 through 385.2005 and may submit brief comments up to 6,000 characters using the eComment system.

Statistics:

  • The proposal was filed on August 29, 2025.
  • The deadline for filing comments is September 9, 2025.
  • The general public can access publicly available information and navigate Commission processes through the Office of Public Participation (OPP).
  • OPP can be contacted at (202) 502-6595 or OPP@ferc.gov for assistance.
  • The Commission's eFiling system can be accessed at http://www.ferc.gov/docs-filing/efiling.asp.
  • Comments can be submitted through the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp.

Sources:

  • [Title 42, United States Code, 7183(a)]
  • [Title 15, United States Code, 717f(c)]
  • [FERC P 61,227 (1999)]
  • [163 FERC P 61,042 (2018)]
  • [174 FERC P 61,125 (2021)]
  • [178 FERC P 61,107 (2022)]
  • [178 FERC P 61,197 (2022)]
  • [18 CFR 385.2001 through 385.2005]
  • [http://www.ferc.gov/docs-filing/efiling.asp]
  • [http://www.ferc.gov/docs-filing/ecomment.asp]
  • [FERCOnlineSupport@ferc.gov, (866) 208-3676 (toll free), or (202) 502-8659 (TTY)]