On August 29, 2025, the Secretary of Energy directed the Federal Energy Regulatory Commission (Commission or FERC) to consider rescinding the Updated Certificate Policy Statement pursuant to his authority under section 403 of the Department of Energy Organization Act (DOE Act).

Background

Section 7 of the Natural Gas Act (NGA) authorizes the Commission to regulate the interstate transportation and sale of natural gas. Under section 7, an entity seeking to construct or extend an interstate pipeline must obtain a certificate of public convenience and necessity, which the Commission will grant if it determines that the project is in the public interest. See 15 U.S.C. § 717f(c), (e).

Since 1999, the Commission has relied on the “1999 Certificate Policy Statement” for the criteria to deter

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