Pursuant to Rule 713(c)(1) and (2), the following is a specification of rehearing errors, along with the issues and law on which INGAA relies in this rehearing request:
A. Noise Measurement.
Whether the Commission erred in amending its regulations at 18 CFR § 157.206(b)(5)(i) to require that compressor station noise levels be measured “at the site property boundary.” The Commission’s decision to jettison its existing measurement standard, which rationally focuses on “noise sensitive areas,” in favor of such an inflexible site boundary standard, in the absence of any evidence or data, scientific or otherwise, demonstrating that the existing 55 dBA noise standard is properly calibrated with or applied to the new noise measurement standard or that there is a problem with the existing measurement standard that will be addressed by the new standard, is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law” and “unsupported by substantial evidence,” in violation of the Administrative Procedure Act (“APA”), 5 U.S.C. § 706(2)(A) and (E).
B. Construction and Protest Notice Periods.
Whether the Commission erred in amending its regulations at 18 CFR § 157.203(d)(1) to increase from 30 to 45 days the time in which a pipeline must make a good faith effort to notify landowners that construction of an automatically authorized project will commence, and increasing from 45 to 60 days the time within which a landowner may protest a pipeline “prior notice” blanket certificate filing under § 157.203(d)(2)(vi) and 157.205(d)(1). See Final Rule at PP 50-52. The Commission’s decision to increase these time periods by 15 days, in the absence of any substantial complaints with the existing 45-day period, also violates the APA standards set out in A above.
C. LNG Laterals.
Should the Commission not clarify that pipeline receipt point interconnects constructed by a pipeline to receive gas from a lateral that is directly attached to an LNG terminal can continue to be constructed under automatic authorization pursuant to § 157.208(a), INGAA seeks rehearing. Such a denial would violate the APA standards set out in A above and would be unlawfully retroactive.
D. Abandonment Authority.
Should the Commission not clarify that consistent with Order 603-A, facilities that would have qualified under the revised blanket rules if they had been built after January 2, 2007, also qualify for abandonment under § 157.216(b), INGAA seeks rehearing. Such a denial would violate the APA standards set out in A above.
E. Annual Reports.
Should the Commission not clarify that the new annual report data requirements of § 157.208(e)(4) apply prospectively to new projects that begin in 2007 and thereafter, but not to projects begun in 2006 or earlier, INGAA seeks rehearing. Such a denial would violate the APA standards set out in A above and will be unlawfully retroactive.Related
Exploring Real-Life Challenges with Ensuring Natural Gas Availability for Power and Joint Industry Suggested Mitigation Strategies INGAA Comments on FERC NOPR on Cybersecurity Incentives for Electric Utilities INGAA Incident Reporting Comments INGAA API Petition for Consideration of Gas Transmission Final Rule
