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An Interstate Natural Gas Facility On My Land

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An Interstate

Natural Gas Facility


on My Land?

What Do I
Need to Know?

Prepared by the
Federal Energy
Regulatory Commission
Cover Photos: (left to right):
Pipe stringing,
Lowering the pipe into the trench,
Pipeline in the trench,
Restored right-of-way
An Interstate Natural Gas
Facility on My Land?
What do I
Need to know?

The Federal Energy Regulatory Commission is charged by Congress


with evaluating whether interstate natural gas pipeline projects
proposed by private companies should be approved. The Federal
government does not propose, construct, operate, or own such
projects. The Commission’s determination whether to approve such
a project may affect you if your land is where a natural gas pipeline,
other facilities, or underground storage fields might be located. We
want you to know:
n How the Commission’s procedures work;
n What rights you have;
n How the location of a pipeline or other facilities is decided; and
n What safety and environmental issues might be involved.

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Background

T
he Commission approves the location, construction and operation
of interstate pipelines, facilities and storage fields involved in moving
natural gas across state boundaries. The Commission also approves the
abandonment of these facilities.
Interstate pipelines crisscross the United States, moving nearly a quarter of the
nation’s energy long distances to markets in the 48 contiguous states, and are
vital to the economy. Although pipelines generally are buried underground,
they may have associated facilities that are above-ground such as taps, valves,
metering stations, pig launchers, pig receivers, or compressor stations. A natural
gas storage field includes subsurface gas storage rights and there may be storage
field pipelines and gas wells associated with the storage rights. A Pipeline
Glossary is provided at the end of this brochure to help you understand some
of the technical terms that are associated with pipeline construction and above-
ground facilities.
If a proposed pipeline route is on, or abuts your land, you will probably
first learn of this from the company concerned as it plans and studies the
route during either the Commission’s voluntary Pre-filing Process or in the
application development process. Once a company files an application
requesting the Commission to issue a certificate authorizing the construction
of a pipeline project, the company will mail you a copy of this brochure and
other information within three days of the Commission issuing a Notice of
Application. The Commission’s staff will prepare an environmental study of
the proposal; either an Environmental Impact Statement or an Environmental
Assessment, depending on the scope of the project. For major construction
projects, local media may be notified and public meetings may be held. You
will have an opportunity to express your views and to have them considered.
You will also have the opportunity to learn the views of other interested parties.
The Commission may approve the project, with or without modifications, or
reject it. If it is approved and you fail to reach an easement agreement with the
company, access to and compensation for use of your land will be set by a court.
Understandably, the location of pipelines and other facilities may be of concern to
landowners. The Commission’s process for assessing pipeline applications is open
and public, and designed to keep all parties informed.
This brochure generally explains the Commission’s certificate process and
addresses some of the basic concerns of landowners. The Commission’s Office of

2
External Affairs at 1-866-208-3372 will be happy to answer any further
questions about the procedures involved.

How the Process Begins

Q: How will I first hear about proposed facility construction?


A: If you are located in the vicinity of the project you may first learn of it
through newspaper notices. If you are an owner of property which may be
affected by the project, you will probably first hear of it from the pipeline
company as it prepares environmental studies required for the Commission
application. It is also possible that the company may seek to obtain an easement
from you prior to filing the application. In the case of a compressor station or
other above-ground facility, the pipeline company will often seek to purchase,
or obtain an option to purchase, the property it wishes to use for the station or
facility. This usually occurs prior to the filing of the application.
For a storage field, rights on certain parcels of land may only involve subsurface
storage rights. The company will also notify you of the filing of the application
with the Commission.

Q: How can I obtain more details about


the company’s application?
A: A copy of the company’s application can be obtained from the company
if you are an intervener (see next two questions and answers), although the
company is not obligated to provide voluminous material or material that is
difficult to reproduce. You may also obtain a copy for a nominal copying charge
from the Commission’s Public Reference Room. Call 202-502-8371 for details.
The application may also be obtained through the Commission’s Web site,
www.ferc.gov, using the “eLibrary” link and the project’s docket number. User
assistance is available at 1-866-208-3676. Within three days of assignment of a
docket number, the application will also be available in at least one location in
each county in which the facility is located.
Note that in some cases you will not be able to view or print copies of large-
scale maps or similar information about the location of the project from the
Commission’s Web site. However, the Web site will provide instructions for
obtaining the material.

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Q: How do I make my views known?
A: You may contact the company through the contact person listed in the
notification letter you receive from the company.
There are two ways to make your views known to the Commission: first, if you
want the Commission to consider your views on the various environmental
issues involved in the location of the facility, you can do so by simply writing
a letter. When submitting a letter to the Secretary of the Commission, you
should identify the project’s docket number in order for the comment to be
successfully entered into the record on the eLibrary system.
The Commission undertakes several levels of environmental analysis. The
Commission affords you the opportunity to comment at various stages in
this process. Details are available from the Commission’s Office of External
Affairs at 1-866-208-3372. Check the Commission’s Web site for details on filing
electronically. By filing comments, your views will be considered and addressed
in the environmental documents or a final order. Additionally, you will be
placed on a mailing list to receive environmental documents in the case. You
can also use eRegistration and eSubscription (see www.ferc.gov) to keep track
of individual proceedings at FERC. Users with an eRegistration account may
subscribe to specific dockets and receive email notification when a document is
added to eLibrary for the subscribed docket.

Q: What is an intervener?
A: You may file to become what is known as an intervener. You may obtain
instructions on how to do this from the Office of External Affairs or on our
Web site at http://www.ferc.gov/help/how-to/intervene.asp. Becoming an
intervener is not complicated and gives you official rights. As an intervener, you
will receive the applicant’s filings and other Commission documents related
to the case and materials filed by other interested parties. You will also be able
to file briefs, appear at hearings and be heard by the courts if you choose to
appeal the Commission’s final ruling. However, along with these rights come
responsibilities. As an intervener, you will be obligated to mail copies of what
you file with the Commission to all the other parties at the time of filing. In
major cases, there may be hundreds of parties. You may file to become an
intervener by sending a request to intervene by mail or overnight services to:
Secretary
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, DC 20426

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You should include 14 copies of your request. Your request should include
the docket number for the proceeding for which you are requesting
to intervene. Alternatively, you may use eFiling to submit your request
electronically through the Commission’s Web site. If you use eFiling you do
not need to send paper copies.
You must normally file for intervener status within 21 days of our notice of
the application in the Federal Register, although the Commission may accept
late intervention if good reasons are given. Visit the Federal Register at
http://www.gpoaccess.gov/fr/index.html. You may also file for intervener status
for the purposes of environmental issues during the comment period for a draft
environmental impact statement.
Please note: “PF” dockets are assigned to projects that are in the pre-filing or
planning stage. There is no provision for becoming an intervener in PF dockets.
However, once the pre-filing stage has been completed and an application has
been filed, you may file for intervener status.

C ustomer A ssistance

For further assistance and public inquiries, please contact:


Office of External Affairs
1-202-502-8004
1-866-208-3372 (Toll-free)
customer@ferc.gov

For assistance with ferc.gov or eFiling, please contact:


FERC Online Technical Support
1-202-502-6652
1-866-208-3676 (Toll-free)
ferconlinesupport@ferc.gov

For materials and copying assistance, please contact:


Public Reference Room
1-202-502-8371
1-866-208-3676 (Toll-free)
public.referenceroom@ferc.gov

Y our project’s docket number

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K ey Issues Involving Location
of the Project

Q: How is the pipeline route, compressor station or storage field


location selected?
A: The pipeline company proposes the route or location, which is then
examined by the Commission. The applicant must study alternative routes or
locations to avoid or minimize damage to the environment. The Commission,
interveners, or any commenter may also suggest alternatives and modifications
to reduce the effects on buildings, fences, crops, water supplies, soil, vegetation,
wildlife, air quality, noise, safety, landowner interests and more. The Commission
staff’s Alternatives analysis will consider whether the pipeline can be placed
near or within an existing pipeline, power line, highway or railroad right-of-way.
Storage fields are usually located in depleted oil or natural gas production fields
or in salt deposits. Therefore, their location is fixed by geologic conditions.
However, the facilities needed to develop and use a storage field can be moved
to some extent.

Q: How do pipelines obtain a right-of-way?


A: The pipeline company negotiates a right-of-way easement and compensation
for the easement with each landowner. Landowners may be paid for loss
of certain uses of the land during and after construction, loss of any other
resources, and any damage to property. If the Commission approves the project
and no agreement with the landowner is reached, the pipeline may acquire
the easement under eminent domain (a right given to the pipeline company
by statute to take private land for Commission-authorized use) with a court
determining compensation.

Q: Who pays taxes on the right-of-way?


A: The landowner pays taxes on the right-of-way unless a local taxing authority
grants relief. The pipeline simply has an easement across a portion of the land.

Q: How large is the right-of-way and how is it maintained?


A: It is generally 75 to 100 feet wide during construction, although extra space is
usually required at road or stream crossings or because of soil conditions.

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The permanent right-of-way is usually about 50 feet wide. Routine mowing
or cutting of vegetation is done no more than once every three years. A ten-
foot-wide corridor, centered on the pipeline, may be mowed or cut annually. In
cropland and residential areas the right-of-way is maintained by the landowner
consistent with the presence of a pipeline.

Q: How large is a compressor station or storage field?


A: Usually the pipeline purchases ten
to forty acres for a compressor station,
of which about five acres are actually
used for construction. A storage field
could encompass many hundreds or
even thousands of acres, depending
on the geologic structure. Storage
fields also frequently include a buffer
zone or protection area forming
a halo of some hundreds of acres
surrounding the storage field itself.
Compressor Station

Q: Must the company obey local, county and state laws and
zoning ordinances?
A: Generally, yes. If there is a conflict, however, between these ordinances and
what the Commission requires; the Commission requirement prevails.

Q: How close can I build to the facilities?


A: For a pipeline, usually up to the edge of the right-of-way.
For a compressor station, the site is usually owned by the company. If you own
property adjacent to the site, you may build on it.
For storage fields, unless there are surface facilities or pipelines, you may build
anywhere on the surface. If you or someone else wishes to drill wells which
would penetrate the storage formation, you must coordinate that activity with
the company, and usually the state authority regulating well drilling.

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Q: What about bushes, trees, fences, driveways and so forth?
A: Trees with roots that may damage the pipeline or its coating and other
obstructions that prevent observation from aircraft during maintenance are
usually not allowed. Driveways and other improvements without foundations
are normally allowed. All improvements are subject to the terms of the
easement and are subject to negotiation as long as the pipeline maintenance
and safety are not affected.

Q. How long will the right-of-way be there?


A. Part of it is temporary and will be restored immediately after construction.
The permanent right-of-way will remain until the Commission determines it may
be abandoned by the pipeline company. This can be 20 to 50 years or more.

Q. In general, will I still be able to use the right-of-way?


A. The easement agreement will specify restricted uses on or across the right-
of-way and any types of uses for which the company’s permission must be
sought. The continuation of past agricultural uses and practices on or across
the right-of-way would be permitted. Buildings and large trees are usually not
allowed. Special uses or activities that might have an impact on pipeline design
(such as planned logging roads or drain tiles) should be negotiated with the
pipeline company to minimize future conflicts.

Q: To what depth would the pipeline be buried underground?


A. The depth of cover would vary from 2 feet deep (in excavated rock) to
usually 3 feet deep in soils. In special cases, the trench could be up to 5 feet deep
in agriculture fields where deep tilling or other issues warrant a deeper trench.

Q: What if I have problems with erosion or other issues during


restoration and/or maintenance of the right-of-way?
A. The landowner should first contact the pipeline company to address
and resolve the issue. If the landowner is not satisfied that the problem
has been adequately addressed, he or she can contact the Commission’s
Dispute Resolution Service Helpline at (877) 337-2237 or send an email
to ferc.adr@ferc.gov.

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Pipeline Install ation Sequence
After a company has received authorization from FERC as well as all
necessary permits, and has an easement on a property, construction
would proceed as follows:
1) The civil survey (and any uncompleted environmental surveys) would be
completed and the construction right-of-way would be marked/staked
for the clearing crew.
2) The clearing crew would remove any trees or brush within the right-of-
way that would interfere with construction.
3) Temporary erosion control devices would be installed as required.
4) Next, the right-of-way would be graded.
5) Topsoil would be separated from subsoil in agricultural/residential areas
(or in other areas requested during the easement negotiations).
6) Heavy equipment, such as backhoes or trenching machines, would then
dig the trench. In areas where bedrock is near the surface, blasting may
be required.
7) The pipe would be delivered to the right-of-way in segments (called
joints).
8) The pipe would be bent to fit the trench and welded together. All welds
would be tested prior to placing the pipe in the trench.
9) The trench would be back filled and if topsoil was removed it would be
returned.
10) Construction debris would be removed.
11) The right-of-way would be regraded; seeded; and temporary and
permanent erosion control devices would be installed.
12) After the right-of-way has revegetated the temporary erosion control
devices would be removed.
13) Prior to gas flowing, the pipeline would be pressure tested (normally
with water) to ensure it does not leak.

A graphical representation of the pipeline installation sequence has


been prepared on the following two pages.

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Pipeline Construction

Moving a s s embly line


( g r ap hic not to s c al e)

Clearing Ditching (rock-free) Ditching (rock) Padding Stringing


and grading ditch bottom
continued below

X-ray and weld repair Coating welds Inspection and


Welding repair of coating Pressure testing
Lowering in Backfill
Bending for leaks

Cleanup Restoring residential area


Reseeding the right-of-way Restored right-of-way

10 11
Aba ndonment

Q: If the pipeline is being abandoned will it be removed


from my property?
A: The Commission may decide there are environmental or other conditions
that should determine the disposition of the pipeline. If not, the easement
agreement which you or previous owners of the land signed may stipulate
whether the pipeline is to be removed. You may also come to some agreement
with the company on what they will do with the pipeline. Usually, above-ground
facilities are removed.

Q: If a company abandons a pipeline, can it keep an easement


on my property?
A: It depends on the terms of the easement and may be subject to negotiation
between the landowner and the pipeline company. If there is more than one
pipeline, the pipeline company will keep the easement.

Q: Will I be notified if abandonment is proposed?


A: You will probably be notified by the company if it proposes to relinquish
the easement as part of the abandonment and the easement is not being
transferred to another company. Otherwise, you may be notified by the
Commission as part of the environmental analysis of the project.

Stor age Fields

Q: What will happen to my property if a storage field


is located beneath it?
A: Possibly nothing, since the storage field itself is usually thousands of feet
beneath the ground surface. Wells are needed to inject and withdraw the stored
natural gas or to monitor field conditions (observation wells). The wells require a
surface site of roughly one acre for drilling and less than one tenth of an acre for
the surface wellhead piping and other facilities.
If there are no facilities to be constructed on your property, the company will
only need the storage rights to the geologic formation in which the natural gas

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would be stored. This is also the case for any property within
any designated “buffer zone” or “protective area” around the actual
storage field.

Q: Why is storage important?


A: Underground natural gas storage can be used to balance the load
requirements of gas users. Storage fields are the warehouses that provide a
ready supply of natural gas to serve the market during periods of high demand.
For example, in the Midwest and the Mid-
Atlantic regions, natural gas is primarily used
during the winter because many homes are
heated by natural gas. To accommodate
this load profile, natural gas is injected
into storage fields during the warmer
months (April - October), and withdrawn
in the colder months (November - March).
However, since the 1980s, most new power
generation equipment has been fired by
natural gas, which has created summer
peaking requirements for natural gas to
accommodate air conditioning loads in
many areas of the country. Storage helps to
Well drilling rig meet peak demand requirements both in
winter and in summer.

Q: What types of facilities are associated with storage?


A: Most natural gas facilities in the U.S. consist of underground formations,
combined with above-ground equipment. These facilities include wells
(injection/withdrawal and observation, water supply, water disposal), wellhead
valve assemblies, gathering lines (field lines, headers), metering and compression
facilities, dehydration units, generators or transformers, associated electric
equipment, roads, sheds/buildings and pipeline pigging facilities. A list of natural
gas facilities that fall under FERC jurisdiction is available on the agency’s Web
site at http://www.ferc.gov/industries/gas/indus-act/storage/fields-by-owner.
pdf . Natural gas storage facilities that are owned and operated by natural gas
distribution systems and used to deliver gas to their customers fall under the
authority of state regulatory agencies.

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Natural gas can also be converted to liquefied natural gas (LNG) and stored
in above-ground tanks. Facilities for making LNG are usually used by gas
distribution companies for short-term peaking requirements, and are regulated
under state authority. The Federal Energy Regulatory Commission has
jurisdiction over a small number of these facilities.
The United States also has several large LNG import terminals, which include
large LNG tanks as part of their operations. However, these terminals have no
liquefaction capability, so they are not able to be used to store natural gas that
is produced in the United States. Instead, the LNG that is imported is regassified
before it enters the system of interstate natural gas pipelines for delivery to
consumers.
The Gulf Coast area has the country’s highest concentration of existing and
planned LNG import terminals. In this region, the use of salt cavern and
depleted reservoirs may be used as storage for the LNG imports.

Q: Are there different types of underground storage fields?


A: Most storage of natural gas takes advantage of natural geologic formations
(reservoirs). There are three types of underground storage fields: (1) depleted oil
and/or gas fields, (2) aquifers, and (3) salt caverns.
Depleted Oil and/or Gas Fields: Most of the natural gas storage in the
United States consists of naturally-occurring oil or gas reservoirs that have
been depleted through production. These consist of porous and permeable
underground rock formations (usually 1,000 to 5,000 feet thick) that are
confined by impermeable rock barriers and identified by a single natural
pressure. Typically, this type of field has one injection / withdrawal cycle each
year -- gas is injected in summer and withdrawn in winter. This type of storage
facility is normally used for long term or seasonal system supply, although in
some instances it is used for peak day deliveries. These formations contain
volumes of gas that are permanently stored in the field (called cushion or
base gas) that help to maintain the underground pressure required to operate
the field. Storage gas is then added to the field. In field storage the base gas is
generally about 50% of the total reservoir capacity.
Aquifer Storage Fields: This type of storage field uses a permeable rock
formation containing water, called an “aquifer.” The nature of the water in
the aquifer may vary from fresh water to saturated brine. An aquifer would

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have a high cushion gas requirement, generally between 50% and 80%,
as the water in the portion of the reservoir being used for storage must be
displaced constantly. They also have high deliverability rates but are limited to
one injection/withdrawal cycle each year.
Salt Cavern Storage: This type of storage field uses caverns that are leached or
mined out of underground salt deposits (salt domes or bedded salt formations).
Salt caverns usually operate with about 20% to 30% cushion gas and the
remaining capacity as working gas. Working gas can be recycled more than once
per year (some up to 10 – 12 times per year), the injection and withdrawal rates
being limited only by the capability of the surface facilities. Salt cavern storage
has high deliverability and injection capabilities and is usually used for peak
deliverability purposes, daily or even hourly. Most of the naturally-occurring
salt caverns in the United States lie closer to the producer region—in Louisiana,
Texas, and the Gulf Coast.
For more detailed information about natural gas storage, visit these Web sites:
• FERC Staff Report on Underground Natural Gas Storage
http://www.ferc.gov/EventCalendar/Files/20041020081349-final-gs-report.pdf
• EIA: Basics of Underground Natural Gas Storage
http://www.eia.doe.gov/pub/oil_gas/natural_gas/analysis_publications/
storagebasics/storagebasics.html
• NaturalGas.org: Storage of Natural Gas
http://www.naturalgas.org/naturalgas/storage.asp
• The Energy Information Administration (EIA)
http://www.eia.doe.gov/oil_gas/natural_gas/info_glance/natural_gas.html

Q: How are storage field boundaries determined?


A: Boundaries are determined by the geologic characteristics of the formation
in which the gas will be stored. Most also have buffer zones surrounding the
portion of the reservoir to limit migration of the stored gas and to protect the
integrity of the field.

Q: Can companies use the ground under my property without


paying for it? Am I required to sign an easement?
A: A company that owns/operates a storage field can not use the underground
portion of storage facilities without either owning mineral rights or having

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some form of agreement with the owner of the mineral rights. Compensation
for that use will come as a result of the property/mineral rights conveyed to
the company by the current owner or attached to the deed from a previous
property owner. Those property/mineral rights, depending on the facts of
the particular situation, will most likely be in the form of a storage lease or an
easement agreement.
A FERC certificate is not required in order for a company to negotiate the
acquisition of a storage lease or easement. However, if FERC has issued a
certificate approving the creation of a new storage field (or expansion of an
existing field), that indicates that the agency has concluded that the storage
field is needed and is in the public interest. In accordance with the Natural Gas
Act (a law passed by the United States Congress in 1938), the FERC certificate
gives the company the right to ask a state or federal court to award the needed
property rights to the company where voluntary good faith negotiation has
failed.
If the owner of the property/mineral rights and the company do not reach an
agreement, the company can go to court to obtain the necessary rights through
eminent domain. In such cases, the court will determine the amount that the
company must pay to the owner of these rights. Similarly, if the storage field
operations affect the surface property through construction of facilities or by
reserving access rights, the company must also reach an agreement with the
owner of the surface rights or go to court to obtain any necessary property
rights through eminent domain. The court will determine the amount that the
company must pay the owner of the surface rights. The state or federal court
procedure is known as condemnation (or the exercise of eminent domain).

Q: How far from my home can a storage facility be located?


If the company is just using the area under my land, do they
require access to my land?
A: The storage reservoir itself is underground and does not require surface
facilities on every property within the storage field boundaries. However, the
company may need to construct and operate facilities on the surface, including
injection and withdrawal wells to get the gas into and out of the subsurface rock
formations, well lines that connect those wells to other pipelines in
the storage field, compressor stations to pump the gas, and facilities that
are used to clean and monitor the interior of certain underground pipelines.
Where surface facilities are needed, the storage lease or easement agreements

16
developed between the landowner and the storage facility operator
usually indicate minimum spacing of the facilities with respect to existing
structures, like your home.
In most cases, if the company does not have any surface facilities on your
property, the company would not need access to your property. However,
the company may need access to your land to check the integrity of a pipeline
crossing your property or to monitor the effects of previously abandoned
facilities (such as an old gas well) or facilities owned by another company
to insure that those facilities do not interfere with the company’s storage
operations. Because the need for access cannot be predicted, the storage lease
or easement agreement typically references the right of the company to enter
your property when needed. The company should inform the property owner
when its employees plan to enter the property.

Q: Is all storage in the U.S. under the jurisdiction of the Federal


Energy Regulatory Commission?
A: No. Only natural gas storage that is used in interstate commerce is under
FERC jurisdiction. There are approximately 500 existing underground natural gas
storage facilities in the United States. Of those facilities, approximately 50% are
under FERC jurisdiction, the remaining are under state and/or local jurisdiction.

NOISE ISSUES

Q: How noisy is a new compressor station?


A: The noise attributable to any new compressor station, compression added
to an existing station, or any modification, upgrade or update of an existing
station, must not exceed a day-night average noise level of 55 decibels at any
pre-existing noise-sensitive area (such as schools, hospitals, or residences).
Companies conduct noise surveys during initial operation of the approved
facilities and report the results to FERC to document compliance.

Q: How much noise is permitted from horizontal drilling?


A: Horizontal drilling is used to drill wells in different directions from one
surface location. It can also be used to install underground pipeline through
sensitive areas. Any horizontal directional drilling or drilling of wells should be

17
conducted with the goal of keeping the perceived noise from the drilling at any
pre-existing noise-sensitive area (such as schools, hospitals, or residences) at or
below a day-night level of 55 decibels. States may have their own allowable noise
level requirements for construction sites.

The R esponsibilities of Gas Companies

Q: Must companies post bonds to guarantee performance?


A: No, but the Commission inspects the right-of-way during and after
construction to ensure that the terms of its certificate have been met.

Q: Can the pipeline company come on my land without my


permission?
A: State or local trespass laws prevail until a certificate is issued by the
Commission. Some states have laws that allow a company to get access to
property for survey purposes. Procedures vary by state. Once a certificate is
issued or an easement/survey agreement or court order is obtained, the company
may come onto your land. Usually the company will notify you in advance.

Q: When can they start to build?


A: Construction cannot commence until the Commission issues a certificate,
the applicant accepts it, and the applicant receives all other necessary permits
and authorizations, including compliance with environmental conditions
attached to the certificate. For most large pipelines, the time from filing an
application to approval ranges from one year to two years. Once a certificate
is issued, construction may start within a few weeks of the company having
completed any outstanding studies or having met other preconditions set by
the Commission.

Q: Why would the company approach me before the project


is approved?
A: Because of planning and lead time the company may try to obtain easement
agreements in advance. Also, a company must conduct environmental studies
before it files an application with the Commission. For these studies to be as
complete as possible, the company will try to obtain access to all of the proposed

18
right-of-way. If Commission approval is ultimately denied, or the route
changes, the initial easement agreement with the landowner is usually void
(depending on the wording of the right-of-way or access contract). Further,
disputes over the wording of an easement agreement are subject to state law.

Q: Can the company place more than one pipeline on my


property? Can the pipeline and the easement be used for
anything other than natural gas?
A: The Commission grants a certificate and states that eminent domain may
only be used for the proposed pipeline and related facilities in the exact location
described and only for the transportation of natural gas. If the company wishes
to install another natural gas pipeline under Commission jurisdiction, it must
obtain additional approval from the Commission. Other utilities may wish
to use an adjacent or overlapping easement, but they would have to obtain
approval from you or from another permitting authority which can grant
eminent domain (usually the state). Of course, you may agree to other uses.

Q: Can the company construct above-


ground facilities on the right-of-way?
A: Yes, if they have been approved by the
Commission. Above-ground facilities, such as valves,
pig launchers and pig receivers, are commonly placed
in the right-of-way and are strategically placed along
the pipeline system for operation and safety purposes.
Valve
Q: How close can the pipeline be to other
pipelines or utility facilities?
A: Pipelines must be at least a foot from any underground structure and two
to three feet below ground. Companies usually want their pipelines to be 25
feet from another pipeline. If space permits, pipelines can be placed in another
utility’s right-of-way.

Q: Can I receive service from the pipeline?


A: No, not in most cases. Generally speaking, interstate pipelines are operating
at pressures incompatible with direct residential use, which is provided by local
distribution companies.

19
Q: Can a pipeline be placed in a river or the ocean?
A: A pipeline can be placed in the ocean or across a river; however, it is usually
not acceptable to place one longitudinally down a river or other stream. There
are different environmental, cost, design and safety issues associated with
construction in a water body.

Q: How soon after construction will the company restore


the land?
A: Commission rules require restoration as soon as the trench is backfilled and
weather permits.

Q. What authorization allows the pipeline company to use eminent


domain?
A: If the Commission authorizes the project and the necessary easements
cannot be negotiated, an applicant is granted the right of eminent domain
(section 7(h) of the Natural Gas Act and the procedures set forth under the
Federal Rules of Civil Procedure (Rule 71A)). Under these conditions, the
landowner could receive compensation as determined by the courts.

Importa nt Safet y Issues

Q: Who is responsible for safety?


A: While the Commission has oversight in ensuring that
pipeline and above-ground facilities are safely constructed
and installed, once the natural gas is flowing in the new
system, the U.S. Department of Transportation (DOT) takes
over the responsibility during the operation for the lifetime
of the pipeline. The DOT is also responsible for setting the
federal safety standards for natural gas (and other) pipelines
and related facilities. The Pipeline and Hazardous Materials
Safety Administration can be contacted at 202-366-4595
Safety Inspectors
or at http://www.phmsa.dot.gov.

Q: Are pipelines safe?


A: Accidents are rare and usually result from outside forces or unauthorized

20
action by someone other than the pipeline company. The DOT enforces
strict safety standards and requires safety checks.

Q: Does natural gas smell?


A: Natural gas is odorless. An odorant, which smells like rotten eggs, is
generally added for quick leak detection in more populated areas on interstate
transmission pipelines and in local distribution pipelines in accordance with
DOT safety regulations.

Further Environmental Issues

Q: What if my property contains endangered species, wetlands,


or archeological sites?
A: Endangered species must be protected from the effects of construction and
this could affect the location of the pipeline or other facilities. In the case of
wetlands, if proper crossing procedures are used and no alternatives are available,
they may be used for a pipeline right-of-way. If an archeological or historic site
is eligible for listing in the National Register of Historic Places, impact to it must
be minimized. It will either be excavated and studied, or the pipeline will be
rerouted to avoid it. Landowners who want them usually are permitted to keep
any artifacts after they are properly studied, subject to state law.

Q: Environmental studies were mentioned earlier.


How do they work?
A: A Notice of Intent (NOI) to prepare an environmental assessment (EA) or an
environmental impact statement (EIS) is issued for most major proposals. It is
sent to federal, state and local agencies, local media and libraries, environmental
groups, and, where the Commission is able to identify them, the affected
owners of any land that would be crossed. For some major projects the NOI
may announce a schedule of public meetings along the proposed route. The
NOI seeks comments from interested parties on the scope of the environmental
document, and the comments must be submitted to the Commission, normally
within 30 days. After the comment period, the Commission staff will prepare
an EA or a Draft EIS outlining its findings and recommendations. For major
proposals, further comments are sought during 45 days allotted for review of a
Draft EIS or 30 days in the case of an EA. These comments are addressed in the
Final EIS or the final order granting or denying the application.
21
Glossary of Ter ms
(Glossary of Terms supplied courtesy of the Pipeline and Hazardous Materials
Safety Administration. For further information, please consult their Web site at
http://www.phmsa.dot.gov.)

C ompressor S tations
Compressor Stations are facilities located along a natural gas pipeline which
house and protect compressors. Compressors are used to compress (or pump)
the gas to move it through the system. Compressor stations are strategically
placed along the pipeline to boost the system pressure to maintain required
flow rates.

E asement
An easement is an acquired privilege or right, such as a right-of-way, afforded a
person or company to make limited use of another person’s or company’s real
property. For example, the municipal water company may have an easement
across your property for the purpose of installing and maintaining a water
line. Similarly, oil and natural gas pipeline companies acquire easements from
property owners to establish rights-of-way for construction and operation of
their pipelines.

L ater al
A lateral is a segment of a pipeline that branches off the main or transmission
line to transport the product to a termination point, such as a tank farm or a
metering station.

L auncher
A launcher is a pipeline component that is used
for inserting an inline inspection tool, cleaning
pig, or other device into a pressurized pipeline.
After performing its task, the tool or pig is
removed via receiver.
Launcher
L oop
A loop is a segment of pipeline installed adjacent to an existing pipeline and
connected to it at both ends. A loop allows more gas to be moved through the
system.

22
M etering and R egulating (M&R) S tations
Metering and regulating stations are installations
containing equipment to measure the amount
of gas entering or leaving a pipeline system and,
sometimes, to regulate gas pressure.

P ig
A pig, also known as a “smart” pig, is a generic
term signifying any independent, self-contained Metering and Regulating
device, tool, or vehicle that is inserted into and Station
moves through the interior of a pipeline for
inspecting, dimensioning, or cleaning. These tools are commonly
referred to as ‘pigs’ because of the occasional squealing noises that
can be heard as they travel through the pipe.

R eceivers
A pipeline component used for removing an inline inspection tool,
cleaning pig, or other device from a pressurized pipeline. The device
is inserted into the pipeline via a launcher.

R ights-of- W ay (ROW)
A right-of-way is a defined strip of land on which an operator has the
rights to construct, operate, and/or maintain a pipeline. A ROW may
be owned outright by the operator or an easement may be acquired
for specific use of the ROW.

T rench
A trench is a long narrow ditch dug into the
ground and embanked with its own soil. They
are used for concealment and protection of
pipeline. Trenches are usually dug by a backhoe
or by a specialized digging machine.
Pipeline in trench
V alve
A valve is a mechanical device installed in a pipeline and used to
control the flow of gas or liquid.
See http://www.phmsa.dot.gov for additional pipeline-related
terminology definitions.

23
Additional Infor m ation
F or additional information, contact:
Federal Energy Regulatory Commission
Office of External Affairs
888 First Street NE, Washington, DC 20426
Toll Free: 1-866-208-3372
E-mail: customer@ferc.gov
www.ferc.gov

Dispute Resolution Service Helpline


Toll Free: 1-877-337-2237
E-mail: ferc.adr@ferc.gov

Other related FERC documents you may find helpful


are listed below. These are available on our Web site.
The following can be found at:
http://www.ferc.gov/industries/gas/enviro/guidelines.asp
n Guidance Manual for Environmental Report Preparation
n Guidelines for Reporting On Cultural Resources Investigations
n Handbook for Using Third-party Contractors to Prepare Environmental
Assessments & Environmental Impact Statements (EIS)
n Upland Erosion Control, Revegetation and Maintenance Plan
n Wetland and Waterbody Construction and
Mitigation Procedures

http://www.ferc.gov/for-citizens/citizen-guides.asp
n Your Guide to Electronic Information at FERC

24
PROCESS FOR NATUR AL
GAS CERTIFIC ATES

Use of the Pre-Filing


Environmental Review (PF)
Process is Approved (voluntary)

Conduct Scoping to
Determine Environmental
Issues and Attempt to
Resolve Issues

Applicant files FERC


Application

FERC Issues Notice


of Application

Conduct Scoping
(if the PF Process is not used)

Issue EA or
Draft EIS

Respond to environmental
comments / Issue Final EIS

Commission
Issues Order
Your project’s docket number

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