15 U.S.C. § 720b — Environmental reviews

Page 1222 TITLE 15—COMMERCE AND TRADE § 720b section if the applicant has satisfied the re- quirements of section 7(e) of the Natural Gas Act (15 U.S.C. 717f(e)). (2) Considerations In considering an application under this sec- tion, the Commission shall presume that— (A) a public need exists to construct and operate the proposed Alaska natural gas transportation project; and (B) sufficient downstream capacity will exist to transport the Alaska natural gas moving through the project to markets in the contiguous United States. (c) Expedited approval process Not later than 60 days after the date of issuance of the final environmental impact statement under section 720b of this title for an Alaska natural gas transportation project, the Commission shall issue a final order granting or denying any application for a certificate of pub- lic convenience and necessity for the project under section 7(c) of the Natural Gas Act (15 U.S.C. 717f(c)) and this section. (d) Prohibition of certain pipeline route No license, permit, lease, right-of-way, author- ization, or other approval required under Fed- eral law for the construction of any pipeline to transport natural gas from land within the Prudhoe Bay oil and gas lease area may be granted for any pipeline that follows a route that— (1) traverses land beneath navigable waters (as defined in section 1301 of title 43) beneath, or the adjacent shoreline of, the Beaufort Sea; and (2) enters Canada at any point north of 68 de- grees north latitude. (e) Open season (1) In general Not later than 120 days after October 13, 2004, the Commission shall issue regulations gov- erning the conduct of open seasons for Alaska natural gas transportation projects (including procedures for the allocation of capacity). (2) Regulations The regulations referred to in paragraph (1) shall— (A) include the criteria for and timing of any open seasons; (B) promote competition in the explo- ration, development, and production of Alas- ka natural gas; and (C) for any open season for capacity ex- ceeding the initial capacity, provide the op- portunity for the transportation of natural gas other than from the Prudhoe Bay and Point Thomson units. (3) Applicability Except in a case in which an expansion is or- dered in accordance with section 720c of this title, initial or expansion capacity on any Alaska natural gas transportation project shall be allocated in accordance with proce- dures to be established by the Commission in regulations issued under paragraph (1). (f) Projects in the contiguous United States (1) In general An application for additional or expanded pipeline facilities that may be required to transport Alaska natural gas from Canada to markets in the contiguous United States may be made in accordance with the Natural Gas Act [15 U.S.C. 717 et seq.]. (2) Expansion To the extent that a pipeline facility de- scribed in paragraph (1) includes the expansion of any facility constructed in accordance with the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.), that Act shall con- tinue to apply. (g) Study of in-State needs The holder of the certificate of public conven- ience and necessity issued, modified, or amended by the Commission for an Alaska natural gas transportation project shall demonstrate that the holder has conducted a study of Alaska in- State needs, including tie-in points along the Alaska natural gas transportation project for in-State access. (h) Alaska royalty gas (1) In general Except as provided in paragraph (2), the Commission, on a request by the State and after a hearing, may provide for reasonable ac- cess to the Alaska natural gas transportation project by the State (or State designee) for the transportation of royalty gas of the State for the purpose of meeting local consumption needs within the State. (2) Exception The rates of shippers of subscribed capacity on an Alaska natural gas transportation project described in paragraph (1), as in effect as of the date on which access under that para- graph is granted, shall not be increased as a result of such access. (i) Regulations The Commission may issue such regulations as are necessary to carry out this section. (Pub. L. 108–324, div. C, § 103, Oct. 13, 2004, 118 Stat. 1256.) Editorial Notes REFERENCES IN TEXT The Alaska Natural Gas Transportation Act of 1976, referred to in subsecs. (a) and (f)(2), is Pub. L. 94–586, Oct. 22, 1976, 90 Stat. 2903, which is classified generally to chapter 15C (§ 719 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 719 of this title and Tables. The Natural Gas Act, referred to in subsec. (f)(1), is act June 21, 1938, ch. 556, 52 Stat. 821, which is classified generally to chapter 15B (§ 717 et seq.) of this title. For complete classification of this Act to the Code, see sec- tion 717w of this title and Tables. § 720b. Environmental reviews (a) Compliance with NEPA The issuance of a certificate of public conven- ience and necessity authorizing the construction and operation of any Alaska natural gas trans- portation project under section 720a of this title shall be treated as a major Federal action sig- nificantly affecting the quality of the human en- vironment within the meaning of section 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.)