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What is FERC?

The Federal Energy Regulatory Commission is an independent government agency, officially organized as part of the Department of Energy.

The purpose of the Commission is to protect the public and energy customers, ensuring that regulated energy companies are acting within the law.

FERC is responsible for:

Here are links to the template comments – there are two different versions – file one, or both!  The following links will let you download a comment in a format appropriate for Microsoft Word editing (.docx or .doc files), or in PDF format, which can be printed, filled out by hand, and sent to FERC via U.S. mail.

Comment Version 1:

Delaware_Riverkeeper_Network_v_FERC.docx

For older versions of Word:

Delaware_Riverkeeper_Network_v_FERC.doc

PDF format for printing and filling out by hand, then mailing to FERC via U.S. Mail:

Delaware_Riverkeeper_Network_v_FERC.pdf

Comment Version 2:

ea_impermissible_template.docx

For older versions of Word:

ea_impermissible_template.doc

PDF format for printing and filling out by hand, then mailing to FERC via U.S. Mail:

ea_impermissible_template.pdf

How to File:

This is a link to the FERC Quick file e-Comment instructions – allows you to copy and paste a comment into the FERC Docket:

http://www.bigbendconservationalliance.org/submitting_an_e_file_comment_to_ferc_on_line

Links to FERC Registration, and e-Filing, allows you to register with the FERC, upload a comment contained in a file:

http://www.bigbendconservationalliance.org/eregistration_short_tutorial

http://www.bigbendconservationalliance.org/submitting_an_e_file_comment_to_ferc_on_line

The details:

What is Impermissible Segmentation?  This is a tactic used by pipeline companies to “chop up”, or segment large projects into small pieces, claiming that each small part of the larger whole has no, or an insignificant environmental, cultural, and socioeconomic impact.  

The pipeline companies use this illegal tactic to avoid environmental scrutiny under the National Environmental Protection Act (“NEPA”), thereby avoiding costly environmental impact analysis, which also can significantly delay, or possibly even halt a project.

In this case, the Trans-Pecos Pipeline, LLC has applied to the Federal Energy Regulatory Commission (“FERC”), using the tactic of impermissibly segmenting the pipeline projects into two parts; a small, 1093-foot segment at the U.S. – Mexico border, under Federal jurisdiction (the so-called “jurisdictional segment”, or Presidio Crossing Project), and the much larger, nominal 143-mile Trans-Pecos pipeline, with claimed intrastate jurisdiction under the Railroad Commission of Texas.

In its recent issuance on January 4, 2016, the FERC has allowed the company to get away with this illegal tactic – the FERC itself is violating Federal law, failing to comply with 40 CFR 1500-1508, the NEPA requirements.  They are ignoring prior court decisions (Delaware Riverkeeper v. FERC), and the laws, having recommended in their draft Environmental Assessment a Finding of No Significant Impact (“FONSI”), and isolating their analysis to the 1093-foot segment at the border.

They’ve ignored more than 600 public comments, ignored the law, and are trying to pull a fast one, as the Federal lackeys to their industry masters.

Don’t let them get away with this!

At the workshops in Alpine, and Marfa, you’ll learn about Impermissible Segmentation, you’ll get help and assistance with filing a comment to the FERC, you’ll learn how to help friends and neighbors, and we’ll have resources available, including template comments to help you get started.

If you can’t attend, you can download the template comments here in either Adobe PDF format, or Microsoft Word format.  Add your name, and address, and follow our tutorials here on the blog about how to file with the FERC.

Here are links to the template comments – there are two different versions – file one, or both!  The following links will let you download a comment in a format appropriate for Microsoft Word editing (.docx or .doc files), or in PDF format, which can be printed, filled out by hand, and sent to FERC via U.S. mail.

Comment Version 1:

Delaware_Riverkeeper_Network_v_FERC.docx

For older versions of Word:

Delaware_Riverkeeper_Network_v_FERC.doc

PDF format for printing and filling out by hand, then mailing to FERC via U.S. Mail:

Delaware_Riverkeeper_Network_v_FERC.pdf

Comment Version 2:

ea_impermissible_template.docx

For older versions of Word:

ea_impermissible_template.doc

PDF format for printing and filling out by hand, then mailing to FERC via U.S. Mail:

ea_impermissible_template.pdf

How to File:

This is a link to the FERC Quick file e-Comment instructions – allows you to copy and paste a comment into the FERC Docket:

http://www.bigbendconservationalliance.org/submitting_an_e_file_comment_to_ferc_on_line

Links to FERC Registration, and e-Filing, allows you to register with the FERC, upload a comment contained in a file:

http://www.bigbendconservationalliance.org/eregistration_short_tutorial

http://www.bigbendconservationalliance.org/submitting_an_e_file_comment_to_ferc_on_line

If you are unable to attend one of the workshop sessions in person, or wish to share with interested friends, here is a copy of the workshop presentation:

Impermissible_Segmentation.pdf

NEW January 16, 2016:  Become an Intervenor!

The following documents are templates, one an annotated Adobe PDF format document with highlighting and embedded comments, the second a Microsoft Word format document that can be used to generate your own Motion to Intervene on FERC Docket CP15-500, the proposed Presidio Crossing Project associated with the proposed Trans-Pecos Pipeline.

If you want to become an intervenor, which allows you to participate in the appeals process to the Commission’s decision, and potentially any Federal court case associated with this project, you need to register, and file with the FERC as an intervenor.

The Adobe document is your starting point – read it, and pay particular attention to the highlighted areas.  The template uses a place-holder name, J.Q. Public, and a place-holder address, phone number, and email.  You will need to locate these elements in the Microsoft Word document, and replace them with correct information that includes your first name, perhaps middle initial, and last name, along with your correct mailing address, phone number, and email information.  These elements are scattered throughout the document – the Adobe version is highlighted to help you find the elements of the Word document you will need to change.

Once you have made the changes, proof-read the document, and then ideally ask someone else to proof-read it – once you are sure it is correct, it is ready to file.  It can be filed as either a Word document, or an Adobe PDF document.

This is the annotated PDF template:

template_is_motion.pdf

This is the Word format template for editing into your own motion:

template_is_motion.docx

The key is to make sure that you have made all the necessary changes to the document.

Once it is proofed, and ready to file, you need to follow the instructions and tutorial information to:

– register with the FERC

– e-File the pre-prepared Motion to Intervene

Instructions for registering with the FERC are here:

http://www.bigbendconservationalliance.org/eregistration_short_tutorial

Instructions for filing a long-form document are here:

http://www.bigbendconservationalliance.org/submitting_an_e_file_comment_to_ferc_on_line

You will need to select General as the Filing Type, Intervention in the middle section for ‘What kind of filing are you making?’, and Motion To Intervene under ‘Filing Type (Fee)’.  Otherwise the instructions are identical as what is used to file a long-form comment.

Why should I file a Motion to Intervene?

As an intervenor, you have legal standing on the FERC docket. You are able to participate in appealing the Commission’s decision in the event they render an unfavorable decision.  Post appeal, you are able to more easily join with any Federal court action, should that be necessary.  Your filing an intervention strengthens the message opposing the project to the FERC.  You are not legally or financially obligated to participate in the appeal, or any potential Federal court action – should you wish to do so, you must have intervenor status.