15 U.S.C. § 720c — Pipeline expansion

Page 1223 TITLE 15—COMMERCE AND TRADE § 720c 1 So in original. Probably should be section ‘‘102(2)(C)’’. 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (b) Designation of lead agency (1) In general The Commission— (A) shall be the lead agency for purposes of complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (B) shall be responsible for preparing the environmental impact statement required by section 102(2)(c) 1 of that Act [42 U.S.C. 4332(2)(C)] with respect to an Alaska natural gas transportation project under section 720a of this title. (2) Consolidation of statements In carrying out paragraph (1), the Commis- sion shall prepare a single environmental im- pact statement, which shall consolidate the environmental reviews of all Federal agencies considering any aspect of the Alaska natural gas transportation project covered by the en- vironmental impact statement. (c) Other agencies (1) In general Each Federal agency considering an aspect of the construction and operation of an Alaska natural gas transportation project under sec- tion 720a of this title shall— (A) cooperate with the Commission; and (B) comply with deadlines established by the Commission in the preparation of the en- vironmental impact statement under this section. (2) Satisfaction of NEPA requirements The environmental impact statement pre- pared under this section shall be adopted by each Federal agency described in paragraph (1) in satisfaction of the responsibilities of the Federal agency under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to the Alaska natural gas transportation project covered by the environmental impact statement. (d) Expedited process The Commission shall— (1) not later than 1 year after the Commis- sion determines that the application under section 720a of this title with respect to an Alaska natural gas transportation project is complete, issue a draft environmental impact statement under this section; and (2) not later than 180 days after the date of issuance of the draft environmental impact statement, issue a final environmental impact statement, unless the Commission for good cause determines that additional time is need- ed. (Pub. L. 108–324, div. C, § 104, Oct. 13, 2004, 118 Stat. 1257.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (b)(1)(A), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chap- ter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. § 720c. Pipeline expansion (a) Authority With respect to any Alaska natural gas trans- portation project, on a request by 1 or more per- sons and after giving notice and an opportunity for a hearing, the Commission may order the ex- pansion of the Alaska natural gas project if the Commission determines that such an expansion is required by the present and future public con- venience and necessity. (b) Responsibilities of Commission Before ordering an expansion under subsection (a), the Commission shall— (1) approve or establish rates for the expan- sion service that are designed to ensure the re- covery, on an incremental or rolled-in basis, of the cost associated with the expansion (includ- ing a reasonable rate of return on investment); (2) ensure that the rates do not require exist- ing shippers on the Alaska natural gas trans- portation project to subsidize expansion ship- pers; (3) find that a proposed shipper will comply with, and the proposed expansion and the ex- pansion of service will be undertaken and im- plemented based on, terms and conditions con- sistent with the tariff of the Alaska natural gas transportation project in effect as of the date of the expansion; (4) find that the proposed facilities will not adversely affect the financial or economic via- bility of the Alaska natural gas transportation project; (5) find that the proposed facilities will not adversely affect the overall operations of the Alaska natural gas transportation project; (6) find that the proposed facilities will not diminish the contract rights of existing ship- pers to previously subscribed certificated ca- pacity; (7) ensure that all necessary environmental reviews have been completed; and (8) find that adequate downstream facilities exist or are expected to exist to deliver incre- mental Alaska natural gas to market. (c) Requirement for a firm transportation agree- ment Any order of the Commission issued in accord- ance with this section shall be void unless the person requesting the order executes a firm transportation agreement with the Alaska nat- ural gas transportation project within such rea- sonable period of time as the order may specify. (d) Limitation Nothing in this section expands or otherwise affects any authority of the Commission with respect to any natural gas pipeline located out- side the State. (e) Regulations The Commission may issue such regulations as are necessary to carry out this section. (Pub. L. 108–324, div. C, § 105, Oct. 13, 2004, 118 Stat. 1258.) Page 1224 TITLE 15—COMMERCE AND TRADE § 720d § 720d. Federal Coordinator (a) Establishment There is established, as an independent office in the executive branch, the Office of the Fed- eral Coordinator for Alaska Natural Gas Trans- portation Projects. (b) Federal Coordinator (1) Appointment The Office shall be headed by a Federal Co- ordinator for Alaska Natural Gas Transpor- tation Projects, who shall be appointed by the President, by and with the advice and consent of the Senate, to serve a term to last until 1 year following the completion of the project referred to in section 720a of this title. (2) Compensation The Federal Coordinator shall be com- pensated at the rate prescribed for level III of the Executive Schedule (5 U.S.C. 5314). (c) Duties The Federal Coordinator shall be responsible for— (1) coordinating the expeditious discharge of all activities by Federal agencies with respect to an Alaska natural gas transportation project; and (2) ensuring the compliance of Federal agen- cies with the provisions of this chapter. (d) Reviews and actions of other Federal agen- cies (1) Expedited reviews and actions All reviews conducted and actions taken by any Federal agency relating to an Alaska nat- ural gas transportation project authorized under this section shall be expedited, in a manner consistent with completion of the nec- essary reviews and approvals by the deadlines under this chapter. (2) Prohibition of certain terms and conditions No Federal agency may include in any cer- tificate, right-of-way, permit, lease, or other authorization issued to an Alaska natural gas transportation project any term or condition that may be permitted, but is not required, by any applicable law if the Federal Coordinator determines that the term or condition would prevent or impair in any significant respect the expeditious construction and operation, or an expansion, of the Alaska natural gas trans- portation project. (3) Prohibition of certain actions Unless required by law, no Federal agency shall add to, amend, or abrogate any certifi- cate, right-of-way, permit, lease, or other au- thorization issued to an Alaska natural gas transportation project if the Federal Coordi- nator determines that the action would pre- vent or impair in any significant respect the expeditious construction and operation, or an expansion, of the Alaska natural gas transpor- tation project. (4) Limitation The Federal Coordinator shall not have au- thority to— (A) override— (i) the implementation or enforcement of regulations issued by the Commission under section 720a of this title; or (ii) an order by the Commission to ex- pand the project under section 720c of this title; or (B) impose any terms, conditions, or re- quirements in addition to those imposed by the Commission or any agency with respect to construction and operation, or an expan- sion of, the project. (e) State coordination (1) In general The Federal Coordinator and the State shall enter into a joint surveillance and monitoring agreement similar to the agreement in effect during construction of the Trans-Alaska Pipe- line, to be approved by the President and the Governor of the State, for the purpose of mon- itoring the construction of the Alaska natural gas transportation project. (2) Primary responsibility With respect to an Alaska natural gas trans- portation project— (A) the Federal Government shall have pri- mary surveillance and monitoring responsi- bility in areas where the Alaska natural gas transportation project crosses Federal land or private land; and (B) the State government shall have pri- mary surveillance and monitoring responsi- bility in areas where the Alaska natural gas transportation project crosses State land. (f) Transfer of Federal Inspector functions and authority On appointment of the Federal Coordinator by the President, all of the functions and authority of the Office of Federal Inspector of Construc- tion for the Alaska Natural Gas Transportation System vested in the Secretary under section 3012(b) of the Energy Policy Act of 1992 (15 U.S.C. 719e note; Public Law 102–486), including all functions and authority described and enu- merated in the Reorganization Plan No. 1 of 1979 (44 Fed. Reg. 33663), Executive Order No. 12142 of June 21, 1979 (44 Fed. Reg. 36927), and section 5 of the President’s decision, shall be transferred to the Federal Coordinator. (g) Temporary authority The functions, authorities, duties, and respon- sibilities of the Federal Coordinator shall be vested in the Secretary until the earlier of the appointment of the Federal Coordinator by the President, or 18 months after October 13, 2004. (h) Administration (1) Personnel appointments (A) In general The Federal Coordinator may appoint and terminate such personnel as the Federal Co- ordinator determines to be appropriate. (B) Authority of Federal Coordinator Personnel appointed by the Federal Coor- dinator under subparagraph (A) shall be ap- pointed without regard to the provisions of title 5 governing appointments in the com- petitive service.