1. FERC Office of Energy Projects 1 Federal Energy Regulatory Commission EPAct of 2005 Effect on Review of LNG Facilities & Working with FERC CSO Annual meeting October 18, 2005

2. FERC Office of Energy Projects 2 Regulations issued October 7, 2005 Requires applicant to use PRE-FILING Exclusive siting authority Authorities Given to FERC

3. FERC Office of Energy Projects 3 Lead agency Setting schedule for Federal authorizations Agencies shall comply with the schedule Authorities Given to FERC (cont’d)

4. FERC Office of Energy Projects 4 Authorities Given to FERC (cont’d) FERC maintains a consolidated record Agencies must help create this record Record is for appeals of CZMA or judicial review of agency actions

5. FERC Office of Energy Projects 5 FERC Coordination with States Governor appoints an agency to consult FERC must consult with this agency State agency files a safety advisory report

6. FERC Office of Energy Projects 6 FERC Coordination with States (cont’d) FERC response to the safety advisory report Emergency Response Plan

7. FERC Office of Energy Projects 7 FERC Coordination with States (cont’d) State safety inspections of LNG facilities State may notify FERC of safety violations FERC notifies the state of its actions

8. FERC Office of Energy Projects 8 FERC Coordination with Dept. of Defense FERC/DOD MOU on LNG facilities which may affect an active military installation Concurrence of DOD required

9. FERC Office of Energy Projects 9 Importance of Cooperating Agency Relationship State CZM Agencies should accept invitations to be cooperating agencies Help construct the single federal record Provide review and comment on advanced draft documents Open communication throughout the review process

10. FERC Office of Energy Projects 10 Maintaining Options Cooperating status does not limit State’s ability to develop conclusions different from FERCs Basis of any disagreements may be addressed in the EIS

11. FERC Office of Energy Projects 11 Proactive vs. Reactive Input and feedback is continual rather than episodic Flexible relationship – expectations tailored to meet agencies capabilities No surprises