National Marine Fisheries Service (NMFS) is requesting a 120-day extension to complete an Endangered Species Act Section 7 biological opinion and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat (EFH) consultation on the Jordan Cove Liquid Natural Gas (LNG) Export Terminal and Pacific Connector Pipeline Project in Southwest Oregon (Federal Energy Regulatory Commission (FERC) Docket Nos. CP17-494-000 and CP07-495-000). This FAST-41 Dashboard milestone was scheduled to be completed by March 3, 2021. The proposed extension would set the milestone to July 1, 2021. This requested schedule extension reflects consensus between Pembina Pipeline Corporation (Applicant), FERC, and NMFS.
During NMFS’ internal review of a preliminary draft biological opinion in January and February, two developments occurred that precluded us from meeting the original milestone date, due to likely changes to the Project’s proposed action:
- Our preliminary draft biological opinion incorporates the beneficial effects from additional restoration actions that the Applicant committed to implement. However, we have yet to receive documentation of the Applicant’s final commitments. Until we receive documentation, we cannot determine if the restoration actions are reasonably certain to occur. This information is integral to our effects analysis and final determination. This extension request is predicated on a new agreement between the Applicant, FERC, and NMFS addressing these commitments.
- On January 19, 2021 FERC denied the Applicant’s petition that Oregon Department of Environmental Quality waive its authority to issue a water quality certification. On February 8, 2021, NOAA sustained the State of Oregon's objection to the Applicant's Coastal Zone Management Act consistency certification. In light of these significant developments, our attention turned to understanding the impact of the determinations, including any potential project modifications. A letter received from the State of Oregon, on February 26, 2021, listed 20 actions or permits needed by the applicant prior to the CZMA consistency review.
In a March 2, 2021, meeting between NMFS, FERC, and the Applicant, all parties agreed to a path forward. The Applicant will provide an application for amendment to FERC. FERC will provide NMFS the modification to the proposed action. This may take several weeks to a couple of months to complete. Once a complete proposed action is received, NMFS will complete the biological opinion and EFH consultation. The Applicant, FERC and NMFS are closely coordinating on the information needs in order to meet the extended date.
Description:
The ESA Biological Opinion was completed together with the NMFS Essential Fish Habitat Response in a single document on January 10, 2020. However, the FERC’s March 19, 2020 order authorizing the Jordan Cove LNG Project incorporated the Blue Ridge Variation, which would deviate from the project sponsor’s proposed route. In a letter dated June 23, 2020, Commission staff requested, in accordance with section 7 of the Endangered Species Act, the re-initiation of formal consultation to address the Blue Ridge Variation. In letters dated July 1, 2020 and September 4, 2020, NMFS responded to FERC's request indicating that it did not contain sufficient information to initiate consultation. The information needed to re-initiate the consultation was received on October 19, 2020.
Milestones:
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Monthly Status Report for April 2021:Milestones for the conclusion of the ESA consultation and issuance of the EFH conservation recommendations were missed because the project sponsor did not submit proposed additional restoration actions by the previously agreed upon date. In a March 2, 2021 meeting between NOAA, FERC, and the project sponsor, all parties agreed to a new schedule and a path forward that included: 1) the project sponsor providing an application for an amendment to FERC; 2) FERC providing NOAA the modification to the proposed action; and 3) after receiving the modification, NOAA concluding the ESA/EFH consultations. To date, the project sponsor has not submitted the necessary paperwork to move forward with the completion of the ESA and EFH consultations that would facilitate meeting the new deadline.
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Monthly Status Report for March 2021:Milestones for the conclusion of the ESA consultation and issuance of EFH conservation recommendations were missed because the project sponsor did not submit proposed additional restoration actions by the previously agreed upon date. The documentation is necessary for NMFS to determine if the restoration actions are reasonably certain to occur and can be included in the effects analysis for issuance of the final joint ESA/EFH Biological Opinion. In a March 2, 2021 meeting between NOAA, FERC, and the project sponsor, all parties agreed to a new schedule and a path forward that included: 1) the project sponsor providing an application for an amendment to FERC; 2) FERC providing NOAA the modification to the proposed action; and 3) after receiving the modification, NOAA concluding the ESA/EFH consultations.
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Monthly Status Report for April 2021:Milestones for the conclusion of the ESA consultation and issuance of the EFH conservation recommendations were missed because the project sponsor did not submit proposed additional restoration actions by the previously agreed upon date. In a March 2, 2021 meeting between NOAA, FERC, and the project sponsor, all parties agreed to a new schedule and a path forward that included: 1) the project sponsor providing an application for an amendment to FERC; 2) FERC providing NOAA the modification to the proposed action; and 3) after receiving the modification, NOAA concluding the ESA/EFH consultations. To date, the project sponsor has not submitted the necessary paperwork to move forward with the completion of the ESA and EFH consultations that would facilitate meeting the new deadline.
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Monthly Status Report for March 2021:Milestones for the conclusion of the ESA consultation and issuance of EFH conservation recommendations were missed because the project sponsor did not submit proposed additional restoration actions by the previously agreed upon date. The documentation is necessary for NMFS to determine if the restoration actions are reasonably certain to occur and can be included in the effects analysis for issuance of the final joint ESA/EFH Biological Opinion. In a March 2, 2021 meeting between NOAA, FERC, and the project sponsor, all parties agreed to a new schedule and a path forward that included: 1) the project sponsor providing an application for an amendment to FERC; 2) FERC providing NOAA the modification to the proposed action; and 3) after receiving the modification, NOAA concluding the ESA/EFH consultations.
PROJECT WEBSITE: Jordan Cove LNG
All dates below are specific to the schedule of the Environmental Review and Permitting processes for this project.
ENVIRONMENTAL REVIEW AND PERMITTING STATUS
IN PROGRESS
ESTIMATED COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
07/17/2020
ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED
SECTOR
Pipelines
CATEGORY
Project Category
FAST-41 Covered Projects
Major Infrastructure Projects
LEAD AGENCY
Federal Energy Regulatory Commission
View FAST-41 Postings by Agencies
Other Agencies with Actions or Authorizations:
Department of Commerce, National Oceanic and Atmospheric Administration
Department of Energy, Office of Fossil Energy
Department of the Interior, Fish and Wildlife Service
Description:
The Jordan Cove LNG Project (Docket No. CP17-495-000) includes the construction and operation of a liquefied natural gas (LNG) export terminal on the North Spit of Coos Bay in Coos County, Oregon. The terminal would include gas inlet facilities, a metering station, a gas conditioning plant, five liquefaction trains and associated equipment, two full-containment LNG storage tanks, an LNG transfer line, LNG ship loading facilities, a marine slip, a marine offloading facility, a new access channel between the Coos Bay Navigation Channel and the new marine slip, and enhancements to the existing Coos Bay Navigation Channel at four turns. In addition, the terminal would include emergency and hazard, electrical, security, control, and support systems, administrative buildings, and a temporary workforce housing facility. The LNG terminal would be designed to liquefy about 1.04 billion cubic feet per day of LNG for export to markets across the Pacific Rim.
The Pacific Connector Gas Pipeline (Docket No. CP-17-494) includes the construction and operation an approximately 229-mile-long, 36-inch-diameter interstate natural gas transmission pipeline and associated aboveground facilities. The pipeline would originate near Malin in Klamath County, Oregon, traverse Douglas and Jackson Counties, and terminate (at the LNG Terminal) in Coos County, Oregon. The pipeline would be capable of transporting about 1.2 billion cubic feet per day of natural gas. The associated aboveground facilities would include the new Klamath Compressor Station (61,500 horsepower) near Malin, Oregon; 3 new meter stations; 5 new pig launchers and receivers; 17 mainline block valves; and a gas control communication system.
Fast-41 Initiation Notice
- Document located at: https://elibrary.ferc.gov/idmws/common/opennat.asp?fileID=14710540.
Project Application and Supporting Documents
- Project Application for Jordan Cove LNG, FERC Docket No. CP17-495-000 (submitted 09/21/2017). Document located at: https://elibrary.ferc.gov/idmws/common/OpenNat.asp?fileID=14687596.
- Project Application for Pacific Connector Gas Pipeline, FERC Docket No. CP17-494-000 (submitted 09/21/2017). Document located at: https://elibrary.ferc.gov/idmws/common/OpenNat.asp?fileID=14687464.
- Additional Project-related filings and issuances can be found on FERC’s eLibrary website by searching under Docket Nos. CP17-494 and CP17-495.
Federal Agency Actions
- Federal Energy Regulatory Commission, Notice of Applications (issued 10/05/2017). Document located at: https://elibrary.ferc.gov/idmws/common/OpenNat.asp?fileID=14702836.
- The FERC is responsible for consulting with the FWS if the project may affect a listed endangered or threatened species and/or designated critical habitat. The purpose of the consultation is to assist FERC in meeting its duty to ensure that its action is not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat. If consultation is required, upon completion of the consultation and no later than 135 days from the receipt of a complete biological assessment, FWS will provide FERC with either a letter of concurrence that the proposed project is not likely to adversely affect any listed species or a biological opinion.
- Federal Energy Regulatory Commission, Notice of Schedule for Environmental Review of the Project (issued 08/31/2018). Document located at: https://elibrary.ferc.gov/idmws/common/opennat.asp?fileID=15013583.
- Federal Energy Regulatory Commission, Notice of Anticipated Schedule of Final Order for the Project (issued 08/31/2018). Document located at: https://elibrary.ferc.gov/idmws/common/opennat.asp?fileID=15013578.
- Federal Energy Regulatory Commission, Notice of Revised Schedule for the Environmental Review and the Final Order for the Project (issued 02/28/2019). Document located at: https://elibrary.ferc.gov/idmws/common/opennat.asp?fileID=15172047.
- Federal Energy Regulatory Commission, Draft Environmental Impact Statement (issued 03/29/2019). Document located at: https://www.ferc.gov/draft-environmental-impact-statement-deis-jordan-cove-energy-project.
- Federal Energy Regulatory Commission, Notice of Revised Schedule for the Environmental Review and the Final Order for the Project (issued 09/27/2019). Document located at: http://elibrary.ferc.gov/idmws/common/opennat.asp?fileID=15363763.
- Federal Energy Regulatory Commission, Final Environmental Impact Statement (issued 11/15/2019). Document located at: https://elibrary.ferc.gov/idmws/search/intermediate.asp?link_file=yes&doclist=14814378.
- Federal Energy Regulatory Commission, Order Granting Authorizations under Sections 3 and 7 of the Natural Gas Act (issued 03/19/2020). Document located at: https://elibrary.ferc.gov/idmws/common/opennat.asp?fileID=15487862.
FERC Litigation
- None filed.
For improved transparency, FERC is providing this supplemental table to reflect the additional federal authorizations that may be required for the Jordan Cove LNG Project.
| Additional Federal Agency Authorization Timetable for the Jordan Cove LNG and Pacific Connector Gas Pipeline Project | |||
| Agency | Permit | Status | Applicable Timelines |
| U.S. Coast Guard | Letter of Recommendation | Completed | Receipt of Letter of Intent: April 2006 Receipt of Water Suitability Assessment: 10/1/17 Letter of Recommendation to FERC: 5/10/18 |
Last updated January 7, 2021
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Monthly Status Report for April 2021:Milestones for the conclusion of the ESA consultation and issuance of the EFH conservation recommendations were missed because the project sponsor did not submit proposed additional restoration actions by the previously agreed upon date. In a March 2, 2021 meeting between NOAA, FERC, and the project sponsor, all parties agreed to a new schedule and a path forward that included: 1) the project sponsor providing an application for an amendment to FERC; 2) FERC providing NOAA the modification to the proposed action; and 3) after receiving the modification, NOAA concluding the ESA/EFH consultations. To date, the project sponsor has not submitted the necessary paperwork to move forward with the completion of the ESA and EFH consultations that would facilitate meeting the new deadline.
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Monthly Status Report for March 2021:Milestones for the conclusion of the ESA consultation and issuance of EFH conservation recommendations were missed because the project sponsor did not submit proposed additional restoration actions by the previously agreed upon date. The documentation is necessary for NMFS to determine if the restoration actions are reasonably certain to occur and can be included in the effects analysis for issuance of the final joint ESA/EFH Biological Opinion. In a March 2, 2021 meeting between NOAA, FERC, and the project sponsor, all parties agreed to a new schedule and a path forward that included: 1) the project sponsor providing an application for an amendment to FERC; 2) FERC providing NOAA the modification to the proposed action; and 3) after receiving the modification, NOAA concluding the ESA/EFH consultations.
-
Monthly Status Report for April 2021:Milestones for the conclusion of the ESA consultation and issuance of the EFH conservation recommendations were missed because the project sponsor did not submit proposed additional restoration actions by the previously agreed upon date. In a March 2, 2021 meeting between NOAA, FERC, and the project sponsor, all parties agreed to a new schedule and a path forward that included: 1) the project sponsor providing an application for an amendment to FERC; 2) FERC providing NOAA the modification to the proposed action; and 3) after receiving the modification, NOAA concluding the ESA/EFH consultations. To date, the project sponsor has not submitted the necessary paperwork to move forward with the completion of the ESA and EFH consultations that would facilitate meeting the new deadline.
-
Monthly Status Report for March 2021:Milestones for the conclusion of the ESA consultation and issuance of EFH conservation recommendations were missed because the project sponsor did not submit proposed additional restoration actions by the previously agreed upon date. The documentation is necessary for NMFS to determine if the restoration actions are reasonably certain to occur and can be included in the effects analysis for issuance of the final joint ESA/EFH Biological Opinion. In a March 2, 2021 meeting between NOAA, FERC, and the project sponsor, all parties agreed to a new schedule and a path forward that included: 1) the project sponsor providing an application for an amendment to FERC; 2) FERC providing NOAA the modification to the proposed action; and 3) after receiving the modification, NOAA concluding the ESA/EFH consultations.
Original Target Date: 03/03/2021
Milestone: Conclusion of ESA Consultation
Requested extensions greater than 30 days for this Action are shown below:
Conclusion of ESA Consultation extended by 120
From: 03/03/2021
To: 07/01/2021