C.F.R. » Title 18 » CHAPTER I—FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY › SUBCHAPTER E—REGULATIONS UNDER NATURAL GAS ACT › PART 157—APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY AND FOR ORDERS PERMITTING AND APPROVING ABANDONMENT UNDER SECTION 7 OF THE NATURAL GAS ACT › Subpart A—Applications for Certificates of Public Convenience and Necessity and for Orders Permitting and App…

18 C.F.R. § 157.22

Schedule for final decisions on a request for a Federal authorization

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(a) For an application under section 3 or 7 of the Natural Gas Act that requires a Federal authorization—i.e., a permit, special use authorization, certification, opinion, or other approval—from a Federal agency or officer, or State agency or officer acting pursuant to delegated Federal authority, a final decision on a request for a Federal authorization is due no later than 90 days after the Commission issues its final environmental document, unless a schedule is otherwise established by Federal law.

(b) For requests for a water quality certification submitted pursuant to section 401(a)(1) of the Federal Water Pollution Control Act (Clean Water Act) in connection with a project for which authorization is sought from the Commission under section 3 or 7 of the Natural Gas Act, the reasonable period of time during which the certifying agency may act on the water quality certification request is one year from the certifying agency's receipt of the request. A certifying agency is deemed to have waived the certification requirements of section 401(a)(1) of the Clean Water Act if the certifying agency has not denied or granted certification by one year after the date the certifying agency received a written request for certification.

[86 FR 16302, Mar. 29, 2021]
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1975–2021 · leading case: Millennium Pipeline Co. v. Basil Seggos, 860 F.3d 696 (D.C. Cir. 2017).
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Millennium Pipeline Co. v. Basil Seggos, 860 F.3d 696 (D.C. Cir. 2017). · cites it 2× “” 18 C.F.R. § 157.22 . The Natural Gas Act requires state agencies to “comply with the deadlines established by the Commission,” 15 U.”
New York State Dep't of Env't Conservation v. Fed. Energy Regul., 991 F.3d 439 (2d Cir. 2021). “§ 717n(c); 18 C.F.R. § 157.22 . In this case, FERC issued the environmental assessment for the project in July 2016.”
Consum. Fed'n of Am. v. Fed. Power Comm'n, the Pub. Serv. Comm'n for the State of New York, Intervenors, 515 F.2d 347 (D.C. Cir. 1975). “44 FPC 1574 (1970) (amending 18 C.F.R. §§ 157.22 and 157.29). 8 . See Order 431, 45 FPC 570, 571 (1971).”
Distrigas of Massachusetts Corp. v. Fed. Power Comm'n, Cape Cod Gas Co. v. Fed. Power Comm'n, 517 F.2d 761 (1st Cir. 1975). “Petitioners point out that the February 22 order declared that 18 C.F.R. §§ 157.22 , 157.29, relating to emergency sales by pipeline companies and independent producers, do not include LNG transactions and explicitly distinguished the orders adopting section 2.”
Tennessee Gas Pipeline Co. v. Paul, 692 F. App'x 3 (D.C. Cir. 2017). · cites it 2× “established by Federal law,” 18 C.F.R. § 157.22 , and if such failure inhibits development of interstate natural-gas facilities, 15 U.”
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