Green Light at the FERC Corral


By Robert L. Bradley Jr.

The Senate recently confirmed two new appointees to the Federal Energy Regulatory Commission, or FERC, ending a seven-month dormancy due to lack of a quorum. With three members, two Republicans and one Democrat, one pick from each party remains for a full five-member commission.

This delay, on top of a fossil-fuel animus by Obama's FERC, has created a $13 billion backlog of regulatory approvals for 17 market-ready natural gas projects. With its other business, FERC's total project backlog represents $50 billion. FERC should begin greenlighting projects immediately.

Under the authority of the Federal Power Act of 1935 and the Natural Gas Act of 1938 (NGA), the primary duty of this agency is to "ensure just and reasonable rates, terms, and conditions" concerning interstate transmission of electricity and natural gas.

One can only wish. Sadly, FERC delays often impede otherwise ready-to-go projects. Section 7(c) of the NGA, in fact, was designed to allow coal and oil interests to intervene in hearings to slow the spread of (consumer-preferred) natural gas. And now, energy obstructionists want to complicate the certification process to keep natural gas (and other fossil fuels) in the ground.

The new FERC has a lot of catching up to do. Approvals are entirely consistent with President Trump's America First energy policy. Many stalled projects are hosted by states that he won with his promises of economic revitalization.

FERC is off to a good start. In late August, it approved the NEXUS, a natural gas pipeline between Ohio and Michigan. This $2 billion project could bring 3,300 jobs to those two states as well as Pennsylvania. And just this month, FERC started fighting state-level obstructionism in places (like New York) where authorities were withholding water quality permits to stymie new pipeline construction.

The next approval could be the Atlantic Coast Pipeline, which would run between West Virginia and North Carolina. It would create 10,000 jobs for those two states and Virginia.

FERC is also expected to greenlight the Mountain Valley Pipeline across West Virginia and Virginia, which would involve almost 9,000 jobs. These projects, and three others waitlisted during FERC's inactivity, could create more than 26,000 jobs in total.

Encouraged if not empowered by the Obama Administration, radical environmentalists employed vandalism and violence against new pipelines. According to the company building the Dakota Access Pipeline, a coordinated group of environmentalists burned the pipeline with torches, and tried to hack into the company's networks. This ecoterrorism led to $300 million in damages and over 760 arrests.

In the Trump era, an anti-energy fringe group is attempting to kill FERC's productivity. Beyond Extreme Energy is dedicated to stopping or delaying "all fossil fuel infrastructure before the [FERC]."

"There is no such thing as a good FERC commissioner," the group states. "Until Congress takes steps to replace the agency with one dedicated to a just transition off of fossil fuels, the Senate should oppose all nominations."

Environmentalists' objections are rooted in fantasy -- and they impede safety. Pipelines are the safest way to transport fossil fuels, meaning they're less likely to damage crops than the alternatives. And based on average annual accident rates, pipelines are over three times safer for natural gas transport than rail.

With Commissioners Robert Powelson and Neil Chatterjee confirmed, FERC is free to greenlight projects that put consumers and economies first.

The sooner FERC starts greenlighting projects, the sooner consumers receive the economic benefits associated with natural gas.

Robert L. Bradley Jr. is the founder and CEO of the Institute for Energy Research.

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