FERC Chairman Kevin McIntyre filed a letter addressed to VA Senator Tim Kaine February 6. The letter comes in response to a letter from Sen. Kaine letter filed January 5.
In his original letter, Sen. Kaine requested that FERC address the multitude of requests for rehearing that had been filed with the Commission on the MVP and ACP projects. Sen. Kaine also requested clarity on the practice of submitting “tolling orders,” through which FERC can delay the rehearing process indefinitely, preventing those seeking rehearing from challenging the Certificate while still allowing construction to proceed.
In response, McIntyre explained that FERC had a quorum of three voting members at the time of MVP and ACP approval, and that FERC additionally regularly issues tolling orders to prevent automatic denials of rehearing requests while “affording the Commission additional time to fully address the matters raised on rehearing.”
“To the extent that a project sponsor elects to proceed with construction of project facilities while rehearing or judicial review is pending, it bears the risk that the Commission will revise or reverse the initial decision or that the Commissions order will be overturned on appeal,” McIntyre said in the closing paragraph of the letter.