A Brief History of Natural Gas Regulation
- The
natural gas industry was first regulated by the federal government when
the Natural Gas Act was passed in 1938. This bill gave the Commission
rate-setting authority on the transmission of natural gas in interstate
commerce. The bill was based on a report prepared by the
Department of Justice and the Federal Trade Commission which found that
the pipeline industry was quickly becoming a 'natural monopoly'.
- A
natural transmission monopoly occurs when only one company owns the
means of delivering a product, here natural gas. Because natural gas
pipelines that are in interstate commerce (i.e., cross state borders)
are extremely expensive and time-consuming to build, once built, it is
easier for an owner of such a pipeline to exercise market power in any
given market.
- Recognizing
the potential for this exercise of market power, Congress gave the
Commission the authority to set just and reasonable rates for the
transmission of natural gas in interstate commerce. Pursuant to a
Supreme Court decision in 1956 (Phillips Petroleum v. FPC), the
Commission received the authority to set natural gas prices at the
wellhead (of sales for resale of natural gas in interstate commerce).
- In
1993, prices at the wellhead were deregulated by an act of Congress,
the Wellhead Decontrol Act of 1989. Thus, the price of natural gas, as
a commodity, is deregulated, by act of Congress--that is, the price of
natural gas is set by supply and demand.
- The
Natural Gas Act of 1938 also gave the Commission the authority to grant
certificates to companies which want to build or enlarge natural gas
pipelines in interstate commerce. A large portion of Commission's
workload exists because of Section 7 of the Natural Gas Act.
- Any
company that wants to construct and operate interstate natural gas
facilities, such as pipelines and natural gas storage facilities or
liquified natural gas terminals would need authorization, or a
certificate, from the Commission, in order to build and operate the
project. This authority is called a Certificate of Public Convenience
and Necessity.
- The
Commission staff which prepares the orders granting (or denying) the
Certificate of Public Convenience and Necessity consists of a variety
of economic, scientific, engineering and legal specialists who work
hard to ensure that each proposed project provides just and reasonable
rates for customers and adequate environmental protection. The
Certificate team usually consists of a Pipeline Certificates Project
Manager/Engineer, an attorney who specializes in energy infrastructure
projects, and an Environmental Project Manager and/or team.
- When
the National Environmental Policy Act (NEPA) was enacted in 1969, the
Commission became responsible for reporting the environmental impacts
associated with the construction of interstate natural gas
facilities. Since then, thousands of environmental documents have
been written and published by staff. The environmental staff conducts
an independent review of the construction proposal and makes
recommendations to the Commission to impose requirements on the
applicant (if necessary) to reduce impacts in sensitive areas and
habitats. This document is called an "Environmental Impact Statement"
or "EIS." The environmental specialist of staff includes biologists,
geologists, soil conservationists, engineers, archaeologists, and
physical scientists.
- The
environmental documents discuss a variety of effects, including impacts
on geology, soils, water quality (surface and groundwater), vegetation,
wildlife, federally endangered and/or threatened species, cultural
resources, land use, air and noise quality. Safety during construction
is always discussed, although the agency directly responsible for
safety of pipelines, both before and after construction, is the
Department of Transportation, Office of Pipeline Safety. Another major
feature of the EIS are alternatives to the proposed pipeline, including
alternative routes.
- Upon
completion of the environmental review, the Certificates Project
Manager will coordinate the final order among the project team to
present to the Commission. The Commission will then decide whether to
approve or disapprove the application. The final order addresses all
the public's concerns that have been identified through the
Commission's regulatory process. If the application is approved, the
project can be constructed as soon as all the requirements are
fulfilled by the applicant.
- The above information is courtesy of the Federal Energy Regulatory Commission. Visit their well written and informative site at www.ferc.fed.us by clicking on the underlined text.
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