[Brief Report] FERC's Use of Tolling Orders in the Pipeline Approval Process

This report summarizes the Federal Energy Regulatory Commission’s (FERC) pipeline approval process and the current issue in courts regarding the process. In the United States, the natural gas pipeline approval process often takes years (average is 558 days) and involves many parties at both the state and federal levels. In order to construct and operate a natural gas pipeline, pipeline companies must seek approval from the federal government. Under section 1(b) of the Natural Gas Act (NGA), FERC has jurisdiction over the transportation of natural gas in interstate commerce. Section 7(c) of the NGA asserts that companies must obtain a certificate of public convenience and necessity from the commission to construct any facilities for natural gas transportation. The organizations involved in this process include FERC, which has the authority to approve or deny pipelines through section 7 of the Natural Gas Act (NGA); sponsor of the pipeline; the public; landowners affected by the pipeline's path; and environmental groups.