When a company seeks approval to construct and operate an interstate natural gas pipeline or liquefied natural gas (LNG) import/export project, the Federal Energy Regulatory Commission (FERC) must conduct an environmental review of the proposed project’s impacts. FERC’s environmental staff will prepare the Draft Environmental Impact Statement (DEIS) in accordance with National Environmental Policy Act (NEPA) requirements. FERC will then hold comment sessions focused on the DEIS to engage with the public and offer the opportunity for you to put comments into the record. Because of the detailed and technical nature of the DEIS, the primary goal of the DEIS Comment Sessions is for the public to identify specific environmental issues and concerns. Public comments can focus on details such as:
- Measures to avoid or lessen environmental impacts;
- Completeness of the environmental analysis;
- Concerns specific to you, your property, and/or your community; and
- Whether alternatives to the project as designed were appropriately considered.
To make your comments more effective and relevant, cite specific sections, page numbers, tables, or analyses within the DEIS when raising concerns or suggestions. When you point to specific items in the environmental document, your comment will direct staff to your exact concern and thus have a higher chance of meaningfully informing the environmental analysis and the development of the Final EIS.
FERC is the host and organizer of the DEIS Comment Sessions and encourages you to attend. All verbal comments are received one-on-one with a court reporter. Such comments are then entered into FERC’s administrative record called eLibrary, reviewed by FERC staff, and considered during the environmental review process.
DEIS COMMENT SESSION FORMAT
When you attend a FERC DEIS Comment Session, you will be greeted at a welcome table by FERC staff. At that time, staff should provide an overview of the session, direct you to a poster or handout of session rules and procedures, inquire if you are interested in project-specific mailings to stay updated on project developments, and ask if you are interested in providing comments. FERC’s Office of Public Participation (OPP) staff may also attend and have their own table at the DEIS Comment Session. Like the other members of FERC staff, OPP can provide you with information and direction, with a focus on participation opportunities.
Please note that the DEIS Comment Session will not include a formal presentation with an audience like you may see at a town hall meeting. Instead, information tables are around the room and FERC staff are available to address any of your questions about the FERC review process or the proposed project. Depending on attendance at the meeting, you may need to wait to provide comments because DEIS Comment Sessions can sometimes be crowded.
WHO MAY BE PRESENT AT DEIS COMMENT SESSIONS?
FERC staff are there to answer questions about the FERC environmental review process. This may include OPP Staff whenever available.
Company representatives might be available for consultation but do not have a formal role in the Session.
A local police officer or private security may be present to ensure everyone’s safety.
Individuals or groups advocating for or against a proposed project may be present. They are not a formal part of the DEIS Comment Session, and their positions are not endorsed by FERC or its staff.
Landowners, community members, and other individuals may wish to provide comments on the proposed project and scope of the environmental review.
PROVIDING VERBAL COMMENTS
Commenting at a DEIS Comment Session is done individually and on a first-come, first-served basis. When it is your turn to provide a verbal comment, you will be escorted by FERC staff to a room or area that is separate from the welcome area. You will be asked to provide your name and if you are commenting on your own or as a member of an organization. Upon request, accommodations can be made for spouses, parents, caregivers, or support providers to accompany the commenter.
Then, a representative of FERC and a court reporter will listen to your comments. The court reporter will record and transcribe all comments. You will not be able to hear other people’s comments and other people won’t hear yours. Depending on the number of individuals wanting to comment, a time limit may be implemented. If a time limit is given, you will be informed and provided notice when your time is about to expire. Once the transcripts are finalized, FERC will post the publicly available transcripts to FERC’s eLibrary of all comments received.
Providing Written Comments
At some DEIS Comment Sessions, FERC may also provide a comment form for written comments at the welcome table. FERC staff treat both verbal and written comments the same way. Please choose the format that works best for you. If a form is provided, you may take it home, write your comments, and mail the form to FERC at your convenience. Comment forms or pre-prepared written comments cannot be accepted at the Comments Sessions. They must be submitted to FERC via U.S. Mail:
Secretary of the Commission
Federal Energy Regulatory Commission
888 First Street NE
Washington, D.C. 20426
You may also file comments online through FERC’s eFile/eComment portal called FERC Online at ferconline.ferc.gov. If you are using eFile you will need to register with FERC Online, which will then allow you to file online comments and eSubscribe to stay updated on projects and proceedings. FERC also provides a step-by-step guide on using FERC Online at www.ferc.gov/how-file-comment. And of course, for any difficulties with commenting or participating at FERC, please reach out to OPP for assistance.