Congressional Correspondence

Energy Permitting Reform Priorities (May 18, 2023) 

05-18-2023 01:50 PM

As trade associations that represent hundreds of manufacturing and public gas companies, the American Forest & Paper Association1 (“AF&PA”), the American Public Gas Association2 (“APGA”), the Industrial Energy Consumers of America3 (“IECA”), and the Process Gas Consumers4 (“PGC”) provide good-paying jobs and economic support to our communities. We believe that U.S. infrastructure needs to provide “all-of-the-above” energy solutions affordably, reliably, and resiliently to American manufacturing, businesses, and citizens. Therefore, we voice our support for your continued efforts to pass much-needed energy permitting reform legislation. We appreciate the introduction of several bills that start the conversation on improving the permitting process and ensuring American energy can continue to move from areas of supply to areas of demand.

In order to maintain reliability and lower greenhouse gas (“GHG”) emissions, permitting reform legislation must address obstacles to developing and maintaining infrastructure that moves “allof-the-above” energy solutions. We specifically encourage the committee to consider including the following priorities in the legislation:

  • Set maximum timelines for permitting reviews, including two years for National Environmental Policy Act (“NEPA”) reviews for major projects and one year for lowerimpact projects.
  • Address excessive litigation delays by instituting a statute of limitations for court challenges, enforcing a reasonable schedule and deadline for court proceedings, and mandating the random assignment of cases seeking judicial review to judges in a manner to avoid the appearance of favoritism or bias
  • Affirm the Federal Energy Regulatory Commission (“FERC”) has jurisdiction regarding the regulation of interstate hydrogen pipeline, storage, import, and export facilities
  • Designate and prioritize projects of strategic national importance
  • Amend Section 5 of the Natural Gas Act (“NGA”) to grant FERC the authority to issue refunds to interstate natural gas transportation customers that were charged unjust and unreasonable rates comparable to its authority under Section 206 of the Federal Power Act (“FPA”) to issue refunds to electric transmission customers.
  • Require the appropriate Federal officers and agencies to take all necessary actions to permit the timely completion of the construction and operation of the Mountain Valley Pipeline.

Today, natural gas is delivered safely through more than 2.6 million miles of transmission and distribution pipes to more than 187 million Americans who use this efficient, affordable fuel to heat their homes, their water, and cook their food. More than 4.1 million jobs, spread out through every state, are connected to the natural gas industry, with 3.4 million associated with local distribution companies, or those delivering energy directly to America’s homes and businesses. Further, these transmission and distribution pipelines, if allowed to be built and maintained, as well as the workers managing these assets, have the potential to move lower carbon fuels like renewable natural gas and hydrogen.

Additionally, America’s manufacturing companies need natural gas to manufacture the products used every day. Regionally, manufacturing companies already face pipeline capacity shortfalls during winter peak demand that disrupt operations at costs of millions of dollars per day. Without increased pipeline capacity, companies cannot reshore, invest and create jobs.

We urge Congress to continue on the path to permitting reform, building on the steps that have been taken by both chambers. Our country needs legislation to pass so American energy can continue to fuel our nation’s progress.

We look forward to continuing this conversation and we thank you for your consideration.

Sincerely,

American Forest & Paper Association

American Public Gas Association

Industrial Energy Consumers of America 

Process Gas Consumers Group

1 For more information, visit afandpa.org
2 For more information, visit apga.org
3 For more information, visit ieca-us.com
4 For more information, visit pgcg.com

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