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FAST-41 Missed Date: Endangered Species Act Consultation (NOAA-NMFS)

Submitted by Anonymous on

Final Required Milestone Date of 07/01/2021 for Conclusion of ESA Consultation has passed by 5 business days

Action
Project Name: Responsible Agency:
National Oceanic and Atmospheric Administration
Status:
Cancelled

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.  

On May 14, 2021 NMFS received a letter from FERC withdrawing the request for re-initiation of the consultation.  Therefore, the re-initiated consultation has been cancelled. 

Milestones:

ESA Consultation Request Package Submitted (Agency Action)
Completed Date:
NOAA determines ESA Consultation Package is Complete - Formal (Agency Action)
Completed Date:
ESA Consultation Concludes (Agency Action)
  • 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.  
Current Target Date:
Milestone
ESA Consultation Concludes (Agency Action)
  • 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.  
Current Target Date:
Project

PROJECT WEBSITE: Jordan Cove LNG

All dates below are specific to the schedule of the Environmental Review and Permitting processes for this project.

Paused

ENVIRONMENTAL REVIEW AND PERMITTING STATUS
PAUSED

icon_calendar

ESTIMATED COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
SUBJECT TO CHANGE

9 out of 9

ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED

Pipelines

SECTOR
Pipelines

Project Category

CATEGORY
Project Category FAST-41 Covered Projects
Major Infrastructure Projects

Federal Energy Regulatory Commission

LEAD AGENCY
Federal Energy Regulatory Commission

View FAST-41 Postings by Agencies

Other Agencies with Actions or Authorizations:

Department of Commerce

Department of Commerce, National Oceanic and Atmospheric Administration

Department of Energy

Department of Energy, Office of Fossil Energy

Department of the Interior

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.

On May 10, 2021, the project sponsors filed a letter with the Commission stating that they are pausing the development of the project.

Fast-41 Initiation Notice

Project Application and Supporting Documents

Federal Agency Actions

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 June 18, 2021

field_status
System Comments
Final Required Milestone Date of 07/01/2021 for Conclusion of ESA Consultation has passed by 5 business days
Approver Comments
The missed date functionality was erroneously triggered due to a malfunction of the Permitting Dashboard
Previous Action Status
New Action Status
Missed Date Process
No
Missed Date Triggered by Extension
No
New Milestone
ESA Consultation Concludes (Agency Action)
  • 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.  
Current Target Date:
Response Date