171 FERC ¶ 61,134

UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

Before Commissioners: Neil Chatterjee, Chairman;

 Richard Glick, Bernard L. McNamee,

and James P. Danly.

Alaska Gasline Development Corporation Docket No. CP17-178-000

ORDER GRANTING AUTHORIZATION UNDER SECTION 3

OF THE NATURAL GAS ACT

(Issued May 21, 2020)

On April 17, 2017, Alaska Gasline Development Corporation (AGDC) filed an 

application under section 3 of the Natural Gas Act (NGA)1 and Part 153 of the 

Commission’s regulations2 for authorization to site, construct, and operate facilities in the 

State of Alaska for the liquefaction and export of natural gas produced in the North Slope 

of the State of Alaska (Alaska LNG Project). For the reasons discussed in this order, we 

will authorize AGDC’s proposed project, subject to the conditions discussed and attached

herein.

I. Background and Proposal

AGDC is an independent, public corporation of the State of Alaska structured 

within the Department of Commerce, Community, and Economic Development. The 

Alaska State Legislature provided AGDC with the authority and primary responsibility 

for developing a liquefied natural gas (LNG) project on the State’s behalf.3

1 15 U.S.C. § 717b (2018).

2 18 C.F.R. pt. 153 (2019).

3 ALASKA STAT. § 31.25.005.
Docket No. CP17-178-000 - 2 -

The Alaska LNG Project consists of: a gas treatment plant located in the Prudhoe 

Bay Unit of Alaska’s North Slope, and two natural gas pipelines connecting production 

units to the gas treatment plant; an approximately 806.9-mile-long, 42-inch-diameter 

pipeline (Mainline Pipeline) capable of transporting up to 3.9 billion cubic feet of gas per 

day (Bcf/day) from the gas treatment plant to the liquefaction facilities; 344,000 

horsepower (hp) of compression located at eight compressor stations along the Mainline 

Pipeline; and liquefaction facilities on the Kenai Peninsula designed to produce up to 20 

million metric tons per annum (MMTPA) of LNG (Liquefaction Facilities) for export.

4

 

AGDC estimates that the cost of the facilities will be between $40 and $45 billion. 

Specifically, AGDC proposes to construct the following facilities:

• a gas treatment plant in Prudhoe Bay on the North Slope consisting of three 

parallel treatment trains for the removal of carbon dioxide and hydrogen 

sulfide from the feed gas, each sized to process up to 1.3 Bcf/day of gas 

(Prudhoe Bay Treatment Plant);

• 1.0 miles of 60-inch-diameter pipeline on the North Slope, which will 

extend from the Prudhoe Bay Unit gas production facility to the Prudhoe 

Bay Treatment Plant (Prudhoe Bay Unit Gas Transmission Line);

• 62.5 miles of 32-inch-diameter pipeline on the North Slope, which will 

extend from the Point Thomson Unit gas production facility to the Prudhoe 

Bay Treatment Plant (Point Thomson Unit Gas Transmission Line);

• 806.9 miles of 42-inch-diameter pipeline, which will extend from the 

Prudhoe Bay Treatment Plant and terminate at the Liquefaction Facilities

on the Kenai Peninsula (Mainline Pipeline);

5

• a compressor station with three gas-fired turbine compressor units, totaling 

68,000 hp, located at Mainline Milepost (MP) 76.0 in the North Slope 

Borough (Sagwon Compressor Station);

4 The supply of natural gas for the Alaska LNG Project is located at the Prudhoe 

Bay and Point Thomson production units on the North Slope.

5 The Mainline Pipeline will cross the North Slope, Fairbanks North Star, Denali, 

Matanuska-Susitna, and Kenai Peninsula Boroughs and the Yukon-Koyukuk Census 

Area. AGDC states that along the mainline there will be at least five gas interconnection 

points to allow for future in-state deliveries of natural gas. 
Docket No. CP17-178-000 - 3 -

• a compressor station with one 42,000 hp gas-fired turbine compressor unit,

located at Mainline MP 148.5 in the North Slope Borough (Galbraith Lake 

Compressor Station);

• a compressor station with one 42,000 hp gas-fired turbine compressor unit,

located at Mainline MP 240.1 in the Yukon-Koyukuk Census Area 

(Coldfoot Compressor Station); 

• a compressor station with one 42,000 hp gas-fired turbine compressor unit,

located at Mainline MP 332.6 in the Yukon-Koyukuk Census Area (Ray 

River Compressor Station); 

• a compressor station with one 42,000 hp gas-fired turbine compressor unit,

located at Mainline MP 421.6 in the Yukon-Koyukuk Census Area (Minto 

Compressor Station);

• a compressor station with one 42,000 hp gas-fired turbine compressor unit,

located at Mainline MP 517.6 in the Denali Borough (Healy Compressor 

Station);

• a compressor station with one 33,000 hp gas-fired turbine compressor unit,

located at Mainline MP 597.4 in the Matanuska-Susitna Borough (Honolulu 

Creek Compressor Station);

• a compressor station with one 33,000 hp gas-fired turbine compressor unit,

located at Mainline MP 675.2 in the Matanuska-Susitna Borough 

(Rabideux Creek Compressor Station);

• a stand-alone gas heater station, located at Mainline MP 749.1 in the 

Matanuska-Susitna Borough (Theodore River Heater Station);

• liquefaction facilities capable of producing up to 20 MMTPA for export, 

located on the eastern shore of Cook Inlet in the Nikiski area of the Kenai 

Peninsula, consisting of feed gas mercury and water removal facilities, 

fractionation facilities, three liquefaction trains, two 240,000 cubic meter 

tanks, and marine facilities capable of accommodating two LNG carriers 

simultaneously (Liquefaction Facilities); and

• various appurtenances.
Docket No. CP17-178-000 - 4 -

On November 21, 2014, the Department of Energy’s Office of Fossil Energy 

(DOE/FE) authorized Alaska LNG Project, LLC6 to export, on a long-term, multicontract basis, 20 MMTPA, or 2.55 Bcf/day, of LNG to nations with which the United 

States has a Free Trade Agreement (FTA).

7

 On May 28, 2015, DOE/FE granted 

conditional authorization for the exportation of 20 MMTPA8 of natural gas to nations that 

do not have an FTA.

9

 AGDC states that it is in negotiations with producer members of 

Alaska LNG Project, LLC to obtain an option to purchase the LLC, which, as noted 

above, holds the DOE/FE export license and also owns the land for the Liquefaction 

Facilities site. AGDC states that it will make the required filings at DOE/FE to authorize 

a change in control over ownership of the export license to AGDC.

II. Procedural Issues

A. Notice, Interventions, Protests, and Comments

Notice of AGDC’s application was published in the Federal Register on May 5, 

2017, with motions to intervene due by May 22, 2017.10 Timely, unopposed motions to 

intervene were filed by: Alyeska Pipeline Service Company; BP Exploration (Alaska) 

Inc. and BP Alaska LNG LLC, jointly; Center for Biological Diversity; Chickaloon 

Native Village Traditional Council; City of Valdez, Alaska; Conoco Phillips Company, 

ConocoPhillips Alaska LNG Company, and ConocoPhillips Alaska Natural Gas 

Corporation, jointly; ExxonMobil Alaska LNG LLC; ExxonMobil Alaska Production 

6 The Alaska LNG Project, LLC’s September 2014 Letter requesting prefiling for 

the Alaska LNG Project identified five partners: ExxonMobil Alaska LNG LLC, 

ConocoPhillips Alaska LNG Company, BP Alaska LNG LLC, TransCanada Alaska 

Midstream LP, and the Alaska Gasline Development Corporation.

7 See Alaska LNG Project, LLC, FE Docket No. 14-96-LNG, Order No. 3554 

(Nov. 21, 2014) (authorizing exports for a 30-year term, beginning on the earlier of the 

date of first exportation or 12 years from the date of DOE/FE’s authorization) (DOE/FE 

Order No. 3554).

8 This quantity is not additive to the volume approved to be exported to free trade 

nations set forth in DOE/FE Order No. 3554.

9 See Alaska LNG Project, LLC, FE Docket No. 14-96-LNG, Order No. 3643 

(May 28, 2015) (authorizing exports for a 30-year term, beginning on the earlier of the 

date of first exportation or 12 years from the date of DOE/FE’s authorization) (DOE/FE 

Order No. 3643).

10 82 Fed. Reg. 21,223.
Docket No. CP17-178-000 - 5 -

Inc.; Northern Alaska Environmental Center; Sierra Club; and National Parks 

Conservation Association.

11 On January 9, 2018, the Matanuska-Susitna Borough filed a 

motion to intervene out of time and comments. This late intervention was granted on 

February 27, 2018. On August 10, 2018, the Kenai Peninsula Borough filed a motion to 

intervene out of time, which was granted on September 11, 2018.

Sierra Club and the Center for Biological Diversity protested AGDC’s application, 

arguing that the environmental impacts of the proposed project outweigh any benefits, 

and therefore, the project is not consistent with the public interest. Additionally, we 

received a number of comments in support of the project. On June 6, 2017, AGDC filed 

an answer to the comments by the Center for Biological Diversity and Sierra Club. 

Although the Commission's Rules of Practice and Procedure do not permit answers to 

protests,12 we will accept the answers herein because they clarify the concerns raised and 

provide information that has assisted in our decision making. These concerns are 

addressed in the final Environmental Impact Statement (EIS) for the Alaska LNG Project 

and below.

B. Request for Evidentiary Hearing

In its motion to intervene, the Center for Biological Diversity requested a formal 

hearing on AGDC’s application, “including the environmental impacts of and public need 

for the project.”13 Although our regulations provide for a hearing, neither the NGA nor 

our regulations require that such hearings be formal (i.e., trial-type) hearings. When the 

written record provides a sufficient basis for resolving the relevant issues, it is the 

Commission’s practice to provide for a “paper hearing.”14 That is the case here. The 

11 Timely, unopposed motions to intervene are automatically granted pursuant to 

Rule 214 of the Commission’s Rules of Practice and Procedure. 18 C.F.R. § 385.214 

(2019). In addition, on September 30, 2019, National Parks Conservation Association’s 

Motion to Intervene and Protest was timely filed pursuant to the Commission’s regulation 

at section 380.10(a), which states that “[a]ny person who files a motion to intervene on 

the basis of a draft environmental impact statement will be deemed to have filed a timely 

motion, in accordance with § 385.214, as long as the motion is filed within the comment 

period for the draft environmental impact statement.” 18 C.F.R. § 380.10(a) (2019).

12 18 C.F.R. § 385.213(a)(2).

13 May 22, 2017 Center for Biological Diversity Motion to Intervene at 7. 

14 See Dominion Cove Point LNG, LP, 148 FERC ¶ 61,244, at P 283 (2014), reh’g 

denied, 151 FERC ¶ 61,095 (2015). Moreover, the courts have repeatedly recognized 

that even where there are disputed issues “[the Commission] need not conduct such a 

[evidentiary] hearing if they may be adequately resolved on the written record.” 
Docket No. CP17-178-000 - 6 -

issues raised in this proceeding have been adequately argued, and a determination can be 

made on the basis of the existing record in this proceeding. All interested parties have 

been afforded a full opportunity to present their views to the Commission through written 

submissions. We find that there is no material issue of fact that we cannot resolve on the 

basis of the written record in the proceeding. Therefore, we will deny the request for a 

formal, trial-type hearing.

III. Discussion

A. Jurisdiction Over the Alaska LNG Project

We acknowledge at the outset that the physical footprint of the Alaska LNG 

Project diverges significantly from any LNG facility for which the Commission has 

previously considered an application. As described above, the Alaska LNG Project 

includes a gas treatment plant located in the Prudhoe Bay Unit of Alaska’s North Slope, 

two natural gas pipelines connecting production units to the gas treatment plant, 

liquefaction facilities on the Kenai Peninsula, and an approximately 806.9-mile-long, 42-

inch-diameter pipeline connecting the gas treatment plant to the liquefaction facilities. 

While the Commission has previously authorized remotely located gas treatment facilities 

and shorter pipeline segments as part of an LNG terminal,15 we have never exerted NGA 

section 3 jurisdiction over a project of this size. However, the scope of these facilities is 

a function of the unique nature of Alaska. Most pipelines delivering domestic gas to 

LNG export terminals have been subject to the Commission’s NGA section 7 jurisdiction 

over interstate pipelines; but there are no existing interstate pipelines in Alaska and the 

pipeline proposed here will carry no gas in interstate commerce. In addition, there is no 

existing intrastate transmission system linking the North Slope production area to 

Alaska’s market areas, which are relatively small and located a significant distance from 

the North Slope; nor is there a robust intrastate transmission system linking other instate 

production to multiple markets.

Section 3(e)(1) of the NGA states that “[t]he Commission shall have the exclusive 

authority to approve or deny an application for the siting, construction, expansion, or 

Moreau v. FERC, 982 F.2d 556, 568 (D.C. Cir. 1993). See also Envtl Action v. FERC, 

996 F.2d 401, 413 (D.C. Cir. 1993); Ala. Power Co. v. FERC, 993 F.2d 1557, 1565 (D.C. 

Cir. 1993).

15 See Freeport LNG Development, L.P., 107 FERC ¶ 61,278 (2004), order 

granting reh’g and clarification, 108 FERC ¶ 61,253 (2004) (authorizing a 9.6-mile-long 

pipeline under section 3 of the NGA).
Docket No. CP17-178-000 - 7 -

operation of an LNG terminal.”16 NGA section 2(11) defines LNG terminal as “all 

natural gas facilities located onshore or in State waters that are used to receive, unload, 

load, store, transport, gasify, liquefy, or process natural gas that is ... exported to a 

foreign country from the United States ... but does not include ... any pipeline or storage 

facility subject to the jurisdiction of the Commission under [section 7].”17

In addition to the traditional (liquefaction and terminaling) LNG terminal facilities 

to be located on the Kenai Peninsula, AGDC’s proposed Alaska LNG Project includes 

gas treatment facilities on the North Slope and the pipeline facilities necessary to 

transport gas from the North Slope to the liquefaction facilities. The definition of LNG 

terminal in NGA 2(11) is broad enough to encompass these facilities. Accordingly, 

consistent with section 2(11) of the NGA, we consider them part of AGDC’s proposed 

LNG terminal.18 

B. Public Interest Standard Under Section 3 of the NGA

Because the proposed facilities will be used to export natural gas to foreign 

countries, the construction and operation of the proposed facilities and site of their 

location require approval by the Commission under section 3 of the NGA.19 While 

16 15 U.S.C. § 717b(e)(1) (2018).

17 Id. § 717a(11).

18 Prior to the passing of the Energy Policy Act of 2005, which introduced the 

definition of LNG terminal, the Commission declined to exercise any discretionary 

authority it may have had under section 3 of the NGA to regulate the siting, construction,

and operation of a natural gas pipeline which would have transported gas from the North 

Slope of Alaska to the tidewater coast of Alaska at Valdez, for the purpose of exporting 

Alaskan North Slope gas to Asian markets. See Yukon Pac. Corp., 39 FERC ¶ 61,216 

(1987), reh’g denied, 40 FERC ¶ 61,164 (1987).

19 The regulatory functions of NGA section 3 were transferred to the Secretary of 

Energy of the U.S. Department of Energy (DOE) in 1977 pursuant to section 301(b) 

of the Department of Energy Organization Act, (Pub. L. No. 95-91, 42 U.S.C. §§7101 

et seq.§). The Secretary of Energy subsequently delegated to the Commission the 

authority to approve or disapprove the construction and operation of natural gas import 

and export facilities and the site at which such facilities shall be located. The most recent 

delegation is in DOE Delegation Order No, 00-004.00A, effective May 16, 2006. The 

Commission does not authorize importation or exportation of the commodity itself. 

Rather, applications for authorization to import or export natural gas must be submitted to 

the DOE. See EarthReports, Inc. v. FERC, 828 F.3d 949, 952-53 (D.C. Cir. 2016)
Docket No. CP17-178-000 - 8 -

section 3 provides that an application for the exportation or importation of natural gas 

shall be approved unless the proposal “will not be consistent with the public interest,” 

section 3 also provides that an application may be approved “in whole or in part, with 

such modification and upon such terms and conditions as the Commission may find 

necessary or appropriate.”20 NGA section 3(a) further provides that, for good cause 

shown, the Commission may make such supplemental orders as it may find “necessary or 

appropriate.”21

Commenters state that the Commission must consider the numerous adverse 

environmental impacts of the proposed project when determining whether the siting, 

construction, and operation of the facilities are consistent with the public interest.22 With 

respect to non-environmental issues, Sierra Club contends that the Commission must go 

beyond a simple cost-benefit analysis and consider whether most people will be made 

worse off by the project, even if a few people will experience benefits.

23 Sierra Club 

further asserts that the Commission cannot simply rely on the DOE’s assessment of the 

public interest, because DOE “merely considers exports of natural gas in the abstract . . . 

[and] is not focused on the impacts of the actual infrastructure.”24 Center for Biological 

Diversity asserts that the AGDC has failed to provide support for the contention that the 

project as proposed “are a ‘necessity’ for Alaska” and points to facts that oil companies 

have pulled out of the project and “the surplus of LNG on the world market” as indicia 

(detailing how regulatory oversight for the export of LNG and supporting facilities is 

divided between the Commission and DOE).

20 15 U.S.C. §§ 717b(a) and 717b(e)(3) (2018). For a discussion of the 

Commission’s authority to condition its approvals of LNG facilities under section 3 of 

the NGA, see, e.g., Distrigas Corp. v. FPC, 495 F.2d 1057, 1063-64 (D.C. Cir. 1974), 

cert. denied, 419 U.S. 834 (1974), and Dynegy LNG Production Terminal, L.P., 97 FERC 

¶ 61,231 (2001).

21 15 U.S.C. § 717b(a).

22 Sierra Club May 22, 2017 Motion to Intervene at 3; Center for Biological 

Diversity May 22, 2017 Motion to Intervene at 5-6 (noting the project will also lead to 

increased natural gas production and exacerbate climate change effects).

23 Sierra Club May 22, 2017 Motion to Intervene at 4-5.

24 Id. at 5.
Docket No. CP17-178-000 - 9 -

that the project is not consistent with the public interest.25 Center for Biological 

Diversity also contends the project could negatively impact taxpayers in Alaska26

Section 3(a) of the NGA provides, in part, that “no person shall export any natural 

gas from the United States to a foreign country or import any natural gas from a foreign 

country without first having secured an order of the Commission authorizing it to do 

so.”27 As noted above, in 1977 the Department of Energy Organization Act transferred 

the regulatory functions of section 3 of the NGA to the Secretary of Energy. 

Subsequently, the Secretary of Energy delegated to the Commission authority to 

“[a]pprove or disapprove the construction and operation of particular facilities, the site at 

which such facilities shall be located, and with respect to natural gas that involves the 

construction of new domestic facilities, the place of entry for imports or exit for 

exports.”28 

However, the Secretary, has not delegated to the Commission any authority to 

approve or disapprove the import or export of the commodity itself.

29 Nor is there any 

indication that the Secretary’s delegation authorized the Commission to consider the 

economic issues raised in these proceedings as part of the Commission’s public interest 

determination, thus duplicating and possibly contradicting the Secretary’s own decisions. 

Therefore, we decline to address commenters’ economic claims (e.g., the state of world 

demand for LNG), which are relevant only to the exportation of the commodity of natural 

gas, which is within DOE’s exclusive jurisdiction, and are not implicated by our limited 

action of reviewing proposed terminal sites. The Commission’s authority under NGA 

section 3 applies “only to the siting and the operation of the facilities necessary to 

25 Center for Biological Diversity May 22, 2017 Motion to Intervene at 6.

26 Id.

27 15 U.S.C. § 717b(a).

28 DOE Delegation Order No. 00-004.00A.

29 See supra note 19; see also Freeport LNG Development, L.P., 148 FERC 

¶ 61,076, reh’g denied, 149 FERC ⁋ 61,119 (2014), aff’d sub nom. Sierra Club v. FERC, 

827 F.3d 36 (D.C. Cir. 2016) (Freeport) (finding that because the Department of Energy, 

not the Commission, has sole authority to license the export of any natural gas through 

LNG facilities, the Commission is not required to address the indirect effects of the 

anticipated export of natural gas in its National Environmental Policy Act (NEPA) 

analysis); Sabine Pass Liquefaction, LLC, 146 FERC ¶ 61,117, reh’g denied, 148 FERC 

¶ 61,200 (2014), aff’d sub nom. Sierra Club v. FERC, 827 F.3d 59 (D.C. Cir. 2016)

(Sabine Pass).
Docket No. CP17-178-000 - 10 -

accomplish an export[,]”30 while “export decisions [are] squarely and exclusively within 

the [DOE]’s wheelhouse . . . . 31 Similarly, issues related to the impacts of natural gas 

development and production and the ultimate use of the product32 are related to DOE’s 

authorization of the export and not the Commission’s siting of the facilities.33

As the U.S. Court of Appeals for the D.C. Circuit has explained, the NGA 

section 3 standard that a proposal “shall” be authorized unless it “will not be consistent 

with the public interest[,]”34 “sets out a general presumption favoring such 

authorization[s].”35 To overcome this favorable presumption and support denial of an 

NGA section 3 application, there must be an “affirmative showing of inconsistency with 

the public interest.”36 We have reviewed AGDC’s application to determine if the siting, 

construction, and operation of its facilities as proposed would not be consistent with the 

public interest.37 As noted above, the Alaska State Legislature provided AGDC with the 

authority and primary responsibility for developing an LNG project on the State’s behalf. 

The proposed project will be located on commercial, private, federal, and state-owned 

30 Trunkline Gas Co., LLC, 155 FERC ¶ 61,328, at P 18 (2016).

31 Sierra Club v. FERC, 827 F.3d at 46.

32 Center for Biological Diversity May 22, 2017 Motion to Intervene at 6.

33 Sierra Club v. FERC, 827 F.3d at 46.

34 15 U.S.C. § 717b(a). In addition, NGA section 3(c) provides that the 

exportation of gas to FTA nations “shall be deemed to be consistent with the public 

interest.” 15 U.S.C. § 717b(c). As noted above, AGDC has received authorization to 

export to FTA nations. See supra P 5.

35 EarthReports v. FERC, 828 F.3d at 953 (quoting W. Va. Pub. Servs. Comm’n v.

U.S. Dep’t of Energy, 681 F.2d 847, 856 (D.C. Cir. 1982)); see also Sierra Club v. U.S.

Dep’t of Energy, 867 F.3d 189, 203 (D.C. Cir. 2017).

36 Sierra Club v. U.S. Dep’t of Energy, 867 F.3d at 203 (quoting Panhandle

Producers & Royalty Owners Ass’n v. Econ. Regulatory Admin., 822 F.2d 1105, 1111. 

(D.C. Cir. 1987)). 

37 See National Steel Corp., 45 FERC ¶ 61,100, at 61,332-33 (1988) (observing 

that DOE, “pursuant to its exclusive jurisdiction, has approved the importation with 

respect to every aspect of it except the point of importation” and that the “Commission’s 

authority in this matter is limited to consideration of the place of importation, which 

necessarily includes the technical and environmental aspects of any related facilities.”). 
Docket No. CP17-178-000 - 11 -

land. The gas treatment plant would be on state land designated for oil and natural gas 

development within the North Slope Borough. Although the Mainline Pipeline corridor

will be within 100 feet of existing cleared corridors for only about 20 percent of its 

length, it is generally sited along existing corridors for most of its length.38 Specifically, 

commencing at the gas treatment facility, the Mainline Pipeline would generally follow 

the existing Trans Alaska Pipeline System (TAPS) crude oil pipeline and adjacent 

highways south to Livengood, Alaska. From Livengood, the Mainline Pipeline would 

head south-southwest to Trapper Creek following the George Parks and Beluga 

Highways. The Liquefaction Facilities will be sited in an industrial area on the eastern 

shore of Cook Inlet in the Nikiski area of the Kenai Peninsula. 

Consistent with the urgings of the Sierra Club and the Center for Biological 

Diversity, among others, Commission staff has prepared a comprehensive EIS thoroughly 

analyzing all environmental impacts properly associated with our action of approving the 

siting and operation of the Alaska LNG Project. As discussed below, the final EIS finds 

that, while some impacts would be permanent and significant, such as impacts on 

permafrost, most impacts would not be significant or would be reduced to less-thansignificant levels with the implementation of avoidance, minimization, and mitigation 

measures recommended in the final EIS39 and adopted by this order. In addition, as a

potential offset to the unsupported allegation of harm to Alaskan taxpayers posited by the 

Center for Biological Diversity, we note that the project would have economic and 

local/regional public benefits, including increased employment opportunities and 

household income from both project construction and operation, and beneficial impacts 

from project operation such as increased employment and household income.40 We find 

that the various arguments raised regarding the Alaska LNG Project do not amount to an 

affirmative showing of inconsistency with the public interest that is necessary to 

overcome the presumption in section 3 of the NGA.

38 Final EIS at 4-265.

39 As part of its environmental review, staff developed mitigation measures it

determined would appropriately and reasonably reduce the environmental impacts 

resulting from project construction and operation. AGDC has committed to 

implementing 40 of the recommended mitigation measures set forth in the draft EIS. See

Id. at Appendix X. As AGDC has committed to implementing these mitigation measures, 

they were removed as recommendations from the final EIS; however, in accordance with 

Environmental Condition 1 below, AGDC would be required to follow all mitigation it 

has committed to implementing during construction and operation.

40 Id. at 4-1026.
Docket No. CP17-178-000 - 12 -

In accordance with the Memorandum of Understanding signed on August 31, 

2018, by the Commission and the Department of Transportation’s (DOT) Pipeline and 

Hazardous Materials Safety Administration (PHMSA),41 PHMSA undertook a review of 

the proposed Liquefaction Facilities’ ability to comply with the federal safety standards 

under Part 193, Subpart B, of Title 49 of the Code of Federal Regulations.42 On 

February 4, 2020, PHMSA issued a Letter of Determination (LOD) indicating that 

AGDC has demonstrated that the siting of the Alaska LNG Project complies with these 

federal safety standards. If the project is subsequently modified so that it differs from the 

details provided in the documentation submitted to PHMSA, further review would be 

conducted by PHMSA.

AGDC is proposing to operate its LNG terminal under the terms and conditions 

mutually agreed to by its customers and will solely bear the responsibility for the 

recovery of any costs associated with construction and operation of the terminal and 

associated facilities. Accordingly, AGDC’s proposal does not trigger NGA 

section 3(e)(4).43

In view of the above, after careful consideration of the entire record of this

proceeding, including the findings and recommendations of the final EIS, we find that, 

subject to the conditions imposed in this order, AGDC’s proposal is not inconsistent with 

the public interest. Therefore, we will grant AGDC’s application.

C. Environmental Analysis

To satisfy the requirements of the National Environmental Policy Act of 1969 

(NEPA),44 Commission staff prepared an EIS to evaluate the potential environmental 

impacts of the proposed project. A number of agencies participated as cooperating 

agencies in the preparation of the EIS: the Bureau of Land Management (BLM); the 

National Oceanic Atmospheric Administration’s National Marine Fisheries Service

(NMFS); the National Park Service (NPS); the U.S. Army Corp of Engineers (COE); the 

U.S. Coast Guard (Coast Guard); DOE; PHMSA; the U.S. Environmental Protection 

41 Memorandum of Understanding Between the Department of Transportation and 

the Federal Energy Regulatory Commission Regarding Liquefied Natural Gas Facilities

(Aug. 31, 2018), https//www.ferc.gov/legal/mou/2018/FERC-PHMSA-MOU.pdf.

42 49 C.F.R. pt. 193, subpt. B (2019).

43 15 U.S.C. § 717b(e)(4) (governing orders for LNG terminal offering open 

access service).

44 42 U.S.C. § 4321 et seq. (2018). See also the Commission’s NEPA regulations 

at 18 C.F.R. pt. 380 (2019).
Docket No. CP17-178-000 - 13 -

Agency (EPA); and the U.S. Fish and Wildlife Service (FWS). Cooperating agencies 

have jurisdiction by law or special expertise with respect to resources potentially affected 

by the proposed action participate in the preparation of the NEPA analysis.

Commission staff began the environmental review of the project during the 

Commission’s pre-filing process in September 2014 (Docket No. PF14-21-000). The

pre-filing process encourages the early involvement of interested stakeholders and 

regulatory agencies to identify and resolve environmental issues before an application is 

filed with the Commission. Commission staff participated in a number of public 

meetings as part of the pre-filing process, including 14 open house meetings hosted by 

AGDC in the project area from October 2014 through January 2015. Subsequently, staff 

held a nine-month public scoping period, ending on December 4, 2015. Staff held 12

public scoping meetings in the communities in the project area. As discussed in more 

detail below, staff held a supplemental scoping period to solicit comments regarding the 

Denali National Park and Preserve Alternative. During this supplemental period staff 

held a public forum and solicited written comments. 

On June 28, 2019, the Commission issued a Notice of Availability of the draft 

EIS, establishing an October 3, 2019 deadline for filing comments. Notice of the 

availability of the draft EIS was published in the Federal Register on July 8, 2019.45 The 

draft EIS addressed the issues raised during the scoping period, as well as the 248 written 

scoping comment letters received from federal and state agencies, elected officials, 

Alaska Native tribes, non-governmental organizations, affected landowners, individuals, 

groups, and companies. A separate notice issued on July 26, 2019, provided the dates 

and locations of eight public comment meetings to allow interested parties to present oral 

comments on the draft EIS. The transcripts of the public comment sessions and all 

written comments on the draft EIS are part of the public record for the project.46

On March 6, 2020, the Commission issued the final EIS for the project and on 

March 12, 2020, a public Notice of Availability of the final EIS was published in the 

Federal Register.

47 The final EIS addresses: geological resources and hazards; soils and 

sediments; water resources; wetlands; vegetation; wildlife resources; aquatic resources; 

threatened, endangered, and other special status species; land use, recreation, and special 

45 84 Fed. Reg. 32,451 (July 8, 2019).

46 Transcripts of each scoping meeting, summaries of the meetings and conference 

calls, and all written comments are available for viewing on the FERC website 

(http://www.ferc.gov). See also Appendix CC to the March 3, 2020 final EIS, Responses 

to Comments on the Draft EIS.

47 85 Fed. Reg. 14,470 (March 12, 2020).
Docket No. CP17-178-000 - 14 -

interest areas; visual resources; socioeconomics; transportation; cultural resources; 

subsistence; air quality; noise; public health and safety; reliability and safety; cumulative 

impacts; and alternatives to the proposed action. We received 116 letters commenting on 

the draft EIS; and 35 individuals made oral comments during the public comment 

meetings. The final EIS addresses all substantive comments received on the draft EIS.

48

The final EIS concludes that project construction and operation would have 

significant impacts on permafrost, wetlands, forests, and caribou, specifically the Central 

Arctic Herd, as well as some sensitive noise receptors. Emissions from the Prudhoe Bay 

Treatment Plant and Liquefaction Facilities could have a significant impact on regional 

haze and acid deposition in some Class I and Class II nationally designated areas, 

although mitigation measures could be implemented by the State of Alaska during the air 

permitting phase that would reduce these impacts.

a. Issues Relating to the NEPA Process

We received several comments concerning the NEPA process. Some commenters 

requested an extension of time to file comments on the draft EIS.49 The Commission’s 

standard comment period on a draft EIS is 45 days, which is consistent with CEQ’s

regulations.50 Here, the Commission provided a 90-day comment period. We find that 

this was sufficient time to review and comment on the draft EIS. Moreover, in preparing 

the final EIS, Commission staff considered late-filed comments on the draft EIS to the 

extent practicable.

Several commenters argued the draft EIS was deficient because of what they 

deemed missing information,

51 or other “serious deficiencies.”52 Commenters assert a 

corrected or supplemental draft EIS should have been issued for comment to address

these issues. We disagree. The draft EIS is a draft of the agency’s proposed final EIS 

48 Additional comments on the draft EIS were filed after the close of the comment 

period, which were addressed in the final EIS to the extent practicable.

49 See e.g., Trustee for Alaska’s October 3, 2019 Comments at 1.

50 See 40 C.F.R. § 1506.10(c) (2019).

51 Earthjustice, Chickaloon Village Traditional Council, Sierra Club, Northern 

Alaska Environmental Center, Defenders of Wildlife, Cook Inletkeeper, and The 

Wilderness Society (jointly, Earthjustice) October 3, 2019 Comments at 32-33; Center 

for Biological Diversity October 3, 2019 Comments at 8-9.

52 Trustees for Alaska October 3, 2019 Comments at 17.
Docket No. CP17-178-000 - 15 -

and, as such, its purpose is to elicit suggestions for change. A draft is adequate when, as 

here, it allows for “meaningful analysis” and “make[s] every effort to disclose and 

discuss” major points of view on the environmental impacts.53

There was no need to issue a supplemental draft EIS. The CEQ regulations 

require agencies to prepare supplements to a draft or final EIS if: (i) the agency makes 

substantial changes to the proposed action that are relevant to environmental concerns; or 

(ii) there are significant new circumstances or information relevant to environmental 

concerns and bearing on the proposed action or its impact.

54 Here, the final EIS, which 

incorporates comments filed on the draft EIS, contains ample information for the 

Commission to fully consider and address the environmental impacts associated with the 

Alaska LNG Project. The additional material in the final EIS relates to issues discussed 

in the draft EIS and did not result in any significant modification of the project that would

require additional public notice or issuance of a revised draft EIS for further comment.

We also reject commenters’ claim that allowing AGDC to submit new information 

and create mitigation plans after the public comment period closes “circumvents the 

purposes of NEPA and applicable NEPA regulations.”55 NEPA does not require a 

complete mitigation plan be actually formulated at the onset, but only that the proper 

procedures be followed for ensuring that the environmental consequences have been 

fairly evaluated.56 In addition, NEPA does not require every study or aspect of an 

analysis to be completed before an agency can issue a final EIS, and the courts have held 

that agencies do not need perfect information before it takes any action.

57 The final EIS 

53 40 C.F.R. § 1502.9(a) (2019); see also Nat’l Comm. for the New River, Inc. v.

FERC, 373 F.3d 1323, 1328 (D.C. Cir. 2004) (Nat’l Comm. for the New River) (holding

that FERC’s draft EIS was adequate even though it did not have a site-specific crossing

plan for a major waterway where the proposed crossing method was identified and thus

provided “a springboard for public comment”) (quoting Robertson v. Methow Valley

Citizens Council, 490 U.S. 332, 349 (1989) (Methow Valley Citizens Council)).

54 40 C.F.R. § 1502.9(c) (2019).

55 Trustee for Alaska’s October 3, 2019 Comments at 1.

56 See Methow Valley Citizens Council, 490 U.S. at 352-53.

57 U.S. Dep’t of the Interior v. FERC, 952 F.2d 538, 546 (D.C. Cir. 1992); State of

Alaska v. Andrus, 580 F.2d 465, 473 (D.C. Cir. 1978), vacated in part sub nom. W. Oil &

Gas Ass’n v. Alaska, 439 U.S. 922 (1978) (“NEPA cannot be ‘read as a requirement that

[c]omplete information concerning the environmental impact of a project must be
Docket No. CP17-178-000 - 16 -

identified baseline conditions for all relevant resources. Final mitigation plans will not 

present new environmentally significant information nor pose substantial changes to the 

proposed action that would otherwise require a supplemental EIS. As we have explained 

in other cases, practicalities require the issuance of orders before completion of certain 

reports and studies because large projects, such as this, take considerable time and effort 

to develop.58 Accordingly, post-authorization studies may properly be used to develop 

site-specific mitigation measures.

As discussed further below, the final EIS recommends, and we require in this

order, that AGDC not commence construction of the project until it provides certain

outstanding information59 and confirms it has received all applicable authorizations 

required under federal law.60

Based on the above, we find that the Commission has provided the public a

meaningful opportunity to participate in the NEPA process (as well as our larger

application review process) and that doing so has resulted in a sufficient record to fully 

inform the Commission decision. Accordingly, we deny the requests to “correct” 

claimed deficiencies in the draft EIS and extend the comment period.

Several commenters contend that the draft EIS inappropriately defined the purpose 

and need61 of the project too narrowly by relying on AGDC’s proposal which, they 

obtained before action may be taken.”’) (quoting Jicarilla Apache Tribe of Indians v.

Morton, 471 F.2d 1275, 1280 (9th Cir. 1973)).

58 See, e.g., Algonquin Gas Transmission, LLC, 154 FERC ¶ 61,048, at P 94

(2016); East Tennessee Natural Gas Co., 102 FERC ¶ 61,225, at P 23 (2003), aff’d sub

nom. Nat’l Comm. for the New River, 373 F.3d 1323.

59 For example, Environmental Condition 22 requires AGDC to, prior to 

construction, file for the review and written approval of the Director of the Office of 

Energy Projects, or the Director’s designee, an updated Unanticipated Contamination 

Discovery Plan that indicates measures that will be taken if contaminated sediments are 

discovered in marine water environments, and to update the plan to notify NPS if there is 

an unanticipated discovery of contamination on NPS property. 

60 Environmental Condition 12.

61 The draft EIS’s stated purpose and need is “to commercialize the natural gas 

resources of Alaska’s North Slope (North Slope), by converting the existing natural gas 

supply to liquefied natural gas (LNG) for export and providing gas for users within the 

State of Alaska.” Draft EIS at ES-1.
Docket No. CP17-178-000 - 17 -

assert, led to an insufficient analysis of alternatives to the project.62 We disagree. An 

agency’s environmental document must include a brief statement of the purpose and need 

to which the proposed action is responding.63 An agency uses the purpose and need 

statement to define the objectives of a proposed action and identify and then provide 

legitimate consideration to reasonable alternatives.64 CEQ has advised that “[r]easonable 

alternatives include those that are practical or feasible from the technical and economic 

standpoint and using common sense, rather than simply desirable from the standpoint of 

the applicant.”65 Courts have upheld federal agencies’ use of applicants’ project purpose 

and need as the basis for evaluating alternatives.66 When an agency is asked to consider a 

specific plan, the needs and goals of the parties involved in the application should be 

taken into account.67

We recognize that a project’s purpose and need should not be so narrowly defined 

as to preclude consideration of what may actually be reasonable alternatives.68

Nonetheless, an agency need only consider alternatives that will bring about the ends of 

the proposed action, and the evaluation is “shaped by the application at issue and by the 

function that the agency plays in the decisional process.”69

62 See, e.g., Center for Biological Diversity October 3, 2019 Comments at 10-11.

63 See 40 C.F.R. § 1508.9 (2019) (for an Environmental Assessment); 40 C.F.R. 

§ 1502.13 (for an EIS).

64 See Colo. Envtl. Coal. v. Dombeck, 185 F.3d 1162, 1175 (10th Cir. 1999).

65 Forty Most Asked Questions Concerning CEQ’s National Environmental Policy 

Act Regulations, 46 Fed. Reg. 18,026-27 (Mar. 23, 1981).

66 E.g., City of Grapevine v. U.S. Dep’t of Transp., 17 F.3d 1502, 1506 (D.C. Cir. 

1994).

67 Citizens Against Burlington, Inc. v. Busey, 938 F.2d 190, 196 (D.C. Cir. 1991).

68 Id..

69 Id. at 199; see also Sierra Club v. U.S. Forest Serv., 897 F.3d 582 (4th Cir. 

2018) (finding the statement of purpose and need for a Commission jurisdictional natural 

gas pipeline project that explained where the gas must come from, where it will go, and 

how much the project would deliver, allowed for a sufficiently wide range of alternatives 

but was narrow enough that there were not an infinite number of alternatives).
Docket No. CP17-178-000 - 18 -

For the Alaska LNG Project, the EIS appropriately relied on the applicant’s stated 

purpose and need. We find that doing so did not preordain that the project as originally 

proposed was the only way to satisfy the specified purpose and need. Indeed, 

Commission staff identified numerous reasonable alternatives to the project components,

which were rigorously evaluated in the EIS.70 As discussed further below, staff found 

that the alternatives analyzed would either not meet the projects’ purpose and need, 

would not be technically and economically feasible, or would not offer a significant 

environmental advantage when compared to the proposed action.

We also reject claims that the draft EIS’s conclusions about the impacts of the “no 

action” alternative, and what commenters deem the dismissal of the alternative from 

further consideration, are arbitrary. Earthjustice asserts the draft EIS did not take a “hard 

look” at the no action alternative, as it challenges the draft EIS’s finding that the no 

action alternative would not be environmentally advantageous because AGDC or others 

would likely develop a similar new project.71 However, the draft EIS clearly states that 

the no action alternative means the proposed facilities would not be constructed and the 

associated environmental impacts would not occur, and as a result, the environment 

would not be affected.

72

The EIS took the requisite hard look at the no action alternative: the resource-byresource discussion in section 4 of the final EIS first details the existing state of each 

resource and then describes the environmental impacts of the preferred alternative.

Section 5 of the final EIS summarizes staff’s conclusions about those impacts. By 

providing a description of the existing state of each resource and a description of the 

environmental impacts of the preferred alternative, the final EIS provides the 

Commission with a meaningful comparison of the effects that would be avoided under a 

no action alternative.

Several commenters assert the Commission must analyze the upstream and 

downstream air emissions impacts associated with the Alaska LNG Project.73 They argue 

that project impacts include the climate consequences of both the upstream greenhouse 

gases (GHG) emitted by the extraction and processing of the natural gas before it enters 

70 Id. at 3-1 – 3-52.

71 Earthjustice October 3, 2019 Comments at 5.

72 Final EIS at ES-6.

73 See, e,g., Earthjustice October 3, 2019 Comments at 37-38. Institute for Policy 

Integrity, et.al., October 3, 2019 Comments at 4; Center for Biological Diversity, 

October 3, 2019 Comments at 17-20.
Docket No. CP17-178-000 - 19 -

the pipeline system and downstream greenhouse gases emitted by the combustion of the 

natural gas in power plants, industrial facilities, heating and cooking appliances, and 

other end uses.74 They assert that, contrary to the draft EIS’s findings, the downstream 

GHG emissions of pipelines are an indirect, reasonably foreseeable effect of authorizing 

the project and must be analyzed and disclosed.75 

Indirect effects are defined as those “which are caused by the action and are later 

in time or farther removed in distance but are still reasonably foreseeable.”76 

Accordingly, to determine whether an impact should be studied as an indirect impact, the 

Commission must determine whether it is (1) caused by the proposed action; and (2) 

reasonably foreseeable.77

Courts have found that an impact is reasonably foreseeable if it is “sufficiently 

likely to occur that a person of ordinary prudence would take it into account in reaching a 

decision.”78 Although NEPA requires “reasonable forecasting,”79 an agency “is not 

required to engage in speculative analysis80 or “to do the impractical, if not enough 

information is available to permit meaningful consideration.”81

Upstream and downstream activities related to the production and transportation of 

natural gas and ultimate consumption of the exported LNG are not indirect effects of the 

74 See, e.g., Center for Biological Diversity, October 3, 2019 Comments at 19-21; 

Earthjustice October 3, 2019 Comments at 38.

75 Institute for Policy Integrity et. al October 3, 2019 Comments at 4-5.

76 40 C.F.R. § 1508.8(b) (2019).

77 Id.; see also id. § 1508.25(c).

78 EarthReports, Inc. v. FERC, 828 F.3d at 955 (citations omitted); see also Sierra

Club v. Marsh, 976 F.2d 763, 767 (1st Cir. 1992).

79 N. Plains Res. Council, Inc. v. Surface Transp. Bd., 668 F.3d 1067, 1079 (9th 

Cir. 2011) (quoting Selkirk Conservation Alliance v. Forsgren, 336 F.3d 944, 962 (9th 

Cir. 2003)).

80 Id. at 1078.

81 Id. (quoting Envtl. Prot. Info. Ctr. v. U.S. Forest Serv., 451 F.3d 1005, 1014 (9th 

Cir. 2006) (internal quotation marks and citation omitted)).
Docket No. CP17-178-000 - 20 -

siting, construction, and operation of the proposed LNG terminal.82 As discussed above,

the courts have explained that, because the authority to authorize the LNG exports rests 

with DOE, NEPA does not require the Commission to consider the upstream or 

downstream GHG emissions that may be indirect effects of the export itself when 

determining whether the related LNG export facility satisfies section 3 of the NGA.83

In this case, as discussed in more detail below, construction and operational 

emissions associated with the Alaska LNG Project are included in the emissions estimate 

Commission staff provided. However, the majority of the gas delivered to the LNG 

terminal will be liquefied for export. The end-use of the LNG is unknown, and, as stated 

above, the Commission does not have authority over, and need not address the effects of, 

the anticipated export of the gas.84

Some commenters assert that the Commission’s NEPA analysis is flawed because

it does not consider the significance of the project’s effects on climate change.

Specifically, they claim the draft EIS is deficient because it does not use the Social Cost 

of Carbon, or a similar tool (e.g., the Social Cost of Methane or the Social Cost of 

Nitrous Oxide), to evaluate climate change impacts.

85 

The Social Cost of Carbon has been described as an estimate of climate change 

damage associated with an incremental increase in carbon dioxide (CO2) emissions in a

given year.86 The Commission has provided extensive discussion on why the Social Cost 

of Carbon is not appropriate in project-level NEPA review and cannot meaningfully

inform the Commission’s decisions on natural gas infrastructure projects under the

82 See, e.g., Jordan Cove Energy Project, L.P., 170 FERC ¶ 61,202, at P 171 

(2020); Annova LNG Common Infrastructure, LLC, 169 FERC ¶ 61,132, at P 22 (2019).

83 See Freeport, 827 F.3d 36, at 46-47 (2016); see also Sierra Club v. FERC, 867 

F.3d 1357, 1373 (D.C. Cir. 2017) (Sabal Trail) (discussing Freeport).

84 Freeport, 827 F.3d at 47.

85 See e.g., Earthjustice October 3, 2019 Comments at 34-36; Institute for Policy 

Integrity October 3, 2019; Sabin Center for Climate Change Law, October 3, 2010 

Comments.

86 Interagency Working Group on the Social Cost of Greenhouse Gases, Technical 

Support Document – Technical Update of the Social Cost of Carbon for Regulatory 

Impact Analysis – Under Executive Order 12866, at 3 (Aug. 2016), 

https://www.epa.gov/sites/production/files/2016-

2/documents/sc_co2_tsd_august_2016.pdf
Docket No. CP17-178-000 - 21 -

NGA.87 We adopt that reasoning here. Moreover, the Commission has explained it does

not use monetized cost-benefit analyses as part of its NEPA review.88 As discussed 

further below, and explained in the final EIS, there is no universally-accepted 

methodology for evaluating the project’s impacts on climate change.89

b. Major Environmental Issues Addressed in the Final EIS

1. Geology

The Alaska LNG Project’s route would traverse a range of geologic conditions and 

resources.90 AGDC conducted studies to characterize geologic conditions and developed 

structural and mechanical design elements to address these conditions. AGDC also

proposes measures to mitigate or minimize impacts on or near geologic resources during 

construction and operation, as well as impacts of geologic conditions on the project.

Mineral resources are present along the Mainline Pipeline, including about 60 state 

and four federal mining claims within the project footprint.91 AGDC has stated that 

87 Mountain Valley, 161 FERC ¶ 61,043, at P 296, order on reh’g, 163 FERC 

¶ 61,197, at PP 275-297 (2018), aff’d, Appalachian Voices v. FERC, No. 17-1271, 2019

WL 847199, at *2 (unpublished) (“[The Commission] gave several reasons why it

believed petitioners’ preferred metric, the Social Cost of Carbon tool, is not an

appropriate measure of project-level climate change impacts and their significance under

NEPA or the Natural Gas Act. That is all that is required for NEPA purposes.”).

88 See Florida Southeast Connection, LLC, 162 FERC ¶ 61,233, at PP 39-44

(2018).

89 Final EIS at 4-1222. See generally Transcontinental Gas Pipe Line Co., LLC, 

171 FERC ¶ 61,032 (2020) (McNamee, Comm’r, concurring at PP 63-74) (elaborating on 

how the Social Cost of Carbon is not a useful tool for determining whether GHG 

emissions are significant and that it is not appropriate for the Commission to establish its 

own criteria for determining the significance of GHG emissions out of whole cloth).

90 Id. at 4-5 through 4-62.

91 Id. at 4-11. Mineral resources within 0.5 mile of the project were identified by 

reviewing aerial photographs and publicly available information from the US Geological 

Survey (USGS), Alaska Department of Natural Resources, Alaska Resource Data File, 

Alaska State Geo-spatial Data Clearinghouse, and BLM Mineral Assessments. AGDC 

filed aerial map sets in response to staff information requests for Resource Report 6 

(Accession Nos. 20171002-5306 and 20171201-5163). They can be viewed on the FERC 

website at http://www.ferc.gov. Using the “eLibrary” link, select “Advanced Search” 
Docket No. CP17-178-000 - 22 -

surface and/or subsurface mining would not be allowed within the footprint of the 

permanent project facilities and access roads; and access to resources in these areas 

would be permanently blocked to prevent damage to the project.92 Blasting and drilling 

activities to access mineral resources proximal to the project would be restricted and 

evaluated for safety on a case-by-case basis by the appropriate land management agency.

Several commenters raised concerns regarding access to existing mining claims or 

leases near the project construction rights-of-way. As noted by the State of Alaska in its 

comments on the draft EIS, any limitations on mining must be consistent with state laws 

and regulations, as determined by the agencies that authorize such activity.93 For 

example, AS 38.34.050(c) requires acquisition of a right-of-way permit for a gas pipeline 

transmission corridor, which is granted by the Alaska Department of Natural Resources 

(ADNR) Commissioner. However, state land may be closed to multiple purpose use 

(e.g., mining and pipeline corridor) where the ADNR Commissioner makes a finding that 

multiple purpose use would be incompatible with significant surface uses on the state 

land, or when classification is necessary for the development of utility or transportation 

corridors.

94 If the state declines permitting authorization for portions of the alignment 

authorized by the Commission, then AGDC would need to file a revised route for review 

and approval by the Commission and other federal agencies with jurisdiction.95

AGDC will use granular fill96 to provide structural support for equipment to travel 

over permafrost terrain, thus providing a stable surface between equipment and the 

underlying permafrost. AGDC estimates that project construction would require 

31.3 million cubic yards total of granular fill, which would be sourced from about

150 potential off-right-of-way sources with a combined area of about 6,000 acres.

97 Of 

the potential material sites, only sites that are available for project use and have not been 

from the eLibrary menu and enter 20171002-5306 and 20171201-5163 in the “Numbers: 

Accession Number” field.

92 Id. at 4-418 – 4-410.

93 Id.

94 Id. 

95 Id. at 4-18 - 4-19.

96 Granular fill refers to coarse-grained particles (consisting of a combination of 

gravels, sands, and fines) and characterize fill materials deemed suitable for construction.

97 Final EIS at Appendix C, Table C-8.
Docket No. CP17-178-000 - 23 -

assigned for highway or other projects would be developed, in accordance with AGDC’s

Gravel Sourcing Plan and Reclamation Measures.

98 Because specific material sites and 

volumes have not been finalized, prior to construction AGDC would file with the 

Commission for review and written approval an updated Gravel Sourcing Plan and 

Reclamation Measures, finalized in coordination with appropriate state and federal 

agencies, that identifies the material volumes to be acquired from each site.99

AGDC provided the results of a series of geohazard analyses conducted to 

determine areas where geologic hazards100 would be encountered by the project and 

where potential impacts associated with these hazards would need to be mitigated. 

Geologic hazards with the potential to affect the project include seismicity, soil 

liquefaction, mass wasting,101 tsunamis and seiches,

102 land subsidence, acid rock 

drainage (ARD), naturally occurring asbestos, volcanism, and hydrologic processes and 

flooding.

AGDC proposed mitigation measures in areas of known seismic hazards, such as 

avoidance of fault crossings and modification of pipeline geometry to minimize exposure 

to ground movement along faults.103 The Mainline Pipeline would be installed 

aboveground where it crosses the Denali, Northern Foothills, Castle Mountain, and Park 

Road faults, using designs which will accommodate the maximum predicted horizontal 

and vertical displacement at the faults.104 As described in more detail in the reliability 

and safety section of the EIS, the Liquefaction Facilities will be built in accordance with 

98 Id. at 4-20.

99 Id.

100 Geologic hazards are natural, physical conditions that can damage lands and 

structures or injure people. Id. at 4.21.

101 Mass wasting encompasses geologic hazards that involve down-slope 

movement of several types of materials, including rock, soil, sediment, snow, or ice, at 

timescales ranging from slow and creeping to fast and catastrophic. Id. at 4-29.

102 Tsunamis are large waves generated by seafloor vertical fault displacement that 

propagate through water, while seiches are oscillating waves in partially or entirely 

enclosed waterbodies that can be generated by submarine landslides, submarine and 

subaerial mass movements, earthquakes, storms, and strong winds. Id. at 4-32.

103 Id. at 4-43.

104 Id.
Docket No. CP17-178-000 - 24 -

federal standards based on the susceptibility of critical safety systems to ground shaking 

and the LNG plant’s ability to continue functioning during an earthquake.105 Although 

the Prudhoe Bay Treatment Plant will not be regulated under these federal standards, the 

Prudhoe Bay Treatment Plant facilities will be built to withstand earthquakes in 

accordance with recommended and generally accepted good engineering practices. The 

EIS recommends, and Environmental Condition 32 requires, that drawings and 

calculations be provided for the Prudhoe Bay Treatment Plant and Liquefaction Facilities. 

In addition, Environmental Condition 133 requires AGDC to file design details of the 

seismic monitoring onsite.

106 AGDC has also committed to monitor the Alaska 

Earthquake Center seismic network for earthquakes and initiate facility inspections or 

repairs based on real-time seismic data.107

Mass wasting and landslides in the project area are most likely to occur along 

about 33.4 miles of the Mainline Pipeline in the Brooks Range and near the Alaska 

Range. AGDC indicates it would employ additional mitigation measures to minimize or 

mitigate impacts in areas with moderate to high potential for soil liquefaction, including 

the use of heavy-walled pipe, ground improvements, and pressure relief wells.108 

Because liquefaction hazards could result from permafrost degradation, AGDC would 

implement the measures identified in the Pipeline Operation and Maintenance Plan to 

assess and remediate impacts on permafrost to monitor, mitigate, and manage potential 

permafrost degradation and resulting impacts, including soil liquefaction and other forms 

of mass wasting.

109 

At the Liquefaction Facilities, the primary mass wasting hazard is erosion of the 

coastal bluff. To avoid potential impacts, LNG plant structures and foundations for the 

marine facilities would be set back at least 300 feet inland, erosion and sediment controls 

would be installed, and a stormwater collection and management system would be 

implemented.110 Long-term mitigation would include monitoring the bluff slope and 

shoreline to determine if additional measures are needed to maintain or enhance 

105 Id. at 4-44.

106 This Condition has also been revised to clarify that it applies only to the 

Liquefaction Facilities.

107 Id.

108 Id.

109 Id.

110 Id.
Docket No. CP17-178-000 - 25 -

stability.111 Coastal flooding and erosion could be a concern for the gas treatment 

facility, which would be sited close to the Beaufort Sea coastline.112 To address this 

concern, the EIS recommends, and Environmental Condition 41 requires, AGDC to file a 

site-specific analysis for coastal erosion and propose a prevention and mitigation plan 

prior to construction.

Acid rock drainage and metal leaching (ARD/ML) processes result from exposure 

of sulfide minerals and coal to oxygen and water, which oxidizes metals and releases 

chemical constituents that lower the pH (i.e., acidify) of the drainage. The weathering 

process that results in ARD/ML may be naturally occurring or triggered by increased 

exposure of bedrock through trenching or the development of quarries. AGDC identified 

potential ARD/ML locations that would require site-specific evaluations to be completed

prior to construction and will develop a project-wide ARD/ML Management Plan based 

on the results.113 The EPA recommended monitoring in areas of moderate ARD/ML 

potential. The EIS recommends, and Environmental Condition 17 requires, AGDC to file 

a modified project-wide ARD/ML Management Plan that includes details for surface and 

groundwater monitoring in areas of moderate ARD/ML potential. Additionally, AGDC’s 

updated Gravel Sourcing Plan and Reclamation Measures would include measures for 

testing material sites for potential ARD and presence of contaminants, such as mercury, 

arsenic, antimony, etc., that may render fill material unsuitable for construction of 

granular fill pads and access roads.114

AGDC reviewed geotechnical data for the five trenchless crossing locations115

along the Mainline Pipeline to assess the viability of two potential installation 

technologies and selected directional micro-tunneling as the appropriate method for all 

crossing.

116 Prior to construction of the Mainline Facilities,117 AGDC would file with the 

Commission, for review and approval final installation design and drilling plans for each 

111 Id.

112 Id. at 4-41.

113 Id. at 4-46.

114 Id.

115 Middle Fork Koyukuk, Yukon, Tanana, Chulitna, and Deshka Rivers.

116 Final EIS at 4-51.

117 Mainline Facilities comprises the eight compressor stations, Theodore River 

Heater Station, and the Mainline Pipeline.
Docket No. CP17-178-000 - 26 -

directional micro-tunneling crossing.118 The subsurface profile for the Deshka River 

directional micro-tunneling crossing is projected based on two soil borings; the EIS 

recommends, and Environmental Condition 18 requires, AGDC to file a revised 

feasibility crossing study that provides updated site-specific geotechnical information for 

the Deshka River with additional borings conducted at the proposed crossing location.

The final EIS found that, based on AGDC’s proposed mitigation measures and 

design criteria, compliance with applicable regulatory approvals and requirements, and 

Commission staff’s recommended measures, the potential impacts on the AGDC Project 

from geologic hazards and other natural hazards will be minimal, and the AGDC Project 

will not significantly impact geologic resources. 

2. Soils

Soils within the project footprint were evaluated to identify permafrost and major 

soil characteristics that could affect construction or increase the potential for 

construction-related impacts on soils. Soil interpretations at the broadest scale are based 

on Major Land Resource Areas (MLRA) designated by the U.S. Department of 

Agriculture. The major soil resource concerns identified by the U.S. Department of 

Agriculture in the 10 MLRAs crossed by the project are disturbance of permafrost soils, 

wind and water erosion, and soil compaction. Various project construction activities, 

such as clearing, grading, granular fill placement, and excavations, would affect soil 

resources. The project would be constructed over the course of about eight years, which 

would amplify soil impacts typical to pipeline and aboveground facility construction. 

AGDC would monitor construction, implement industry Best Management Plans (BMP)

and project-specific plans to prevent, reduce, and mitigate adverse effects on soils. These 

plans include: Project Upland Erosion Control, Revegetation, and Maintenance Plan 

(Project Plan); Spill Prevention, Control, and Countermeasure Plan (Spill Prevention

Plan); Revegetation Plan; Winter and Permafrost Construction Plan; Blasting Plan; and 

Geologic Hazards Assessments. These plans are designed to accommodate varying field 

conditions while maintaining standards for protecting soil resources.

To minimize impacts from surficial soil erosion, AGDC would implement the 

measures identified in the Project Plan and Winter and Permafrost Construction Plan.

119

Right-of-way pre-clearing activities (cutting down trees and brush) would occur in the 

winter season between 1 and 1.5 years prior to each scheduled construction season. 

While limiting pre-clearing to the winter season and leaving the understory vegetation 

and organic mats in place would reduce effects on permafrost, permanent impacts would 

118 Id. at 4-53.

119 Id. at 4-110.
Docket No. CP17-178-000 - 27 -

still occur given the time elapsed between pre-clearing and active construction.120 

Temporary erosion and sediment controls would be installed before the onset of 

conditions that could cause erosion (e.g., spring thaw) or immediately after initial ground 

disturbance. The controls would be left in place and repaired, replaced, or supplemented, 

as needed, through the end of construction. 

AGDC assessed piping erosion121 based on soil erodibility and topographical 

conditions, such as where fine-grained cohesionless soils exist within floodplain areas, 

both close to waterbodies and near the toes of steep slopes. Mitigation measures to be 

used in areas identified with the potential for piping erosion include the use of subdrains 

to control meltwater and groundwater recharge, as well as prevent the development of a 

hydraulic gradient within the erodible soils underneath the pipe.122

However, AGDC did not complete the same level of analysis for piping erosion 

potential for the portion of the Mainline Pipeline between MPs 536.1 and 544.3.123 

Accordingly, the EIS recommends, and Environmental Condition 21 requires, AGDC to 

file an updated assessment of piping erosion potential between MPs 536.1 and 544.3 

using the same methodology used for the rest of the Mainline Pipeline (Onshore 

Geohazard Assessment Methodology and Results summary). If any new areas of piping 

erosion potential are identified, AGDC would be required to implement the same 

120 The final EIS at 4-1 discusses the four levels of impact duration that were 

considered in the analysis: 1) temporary impacts generally occur during the 8-year 

construction period, with the resource returning to pre-construction condition 

immediately after restoration or within a few months to a year following the installation 

of permanent erosion control measures; 2) short-term impacts could continue for up to 

five years following installation of permanent erosion control measures; 3) long-term 

impacts would persist for more than five years and for up to thirty years after installation 

of permanent erosion control measures, with the affected resource eventually recovering 

to pre-construction conditions; and 4) a permanent impact would not return to preconstruction conditions during the life of the project, which AGDC defines as 30 years. 

Permanent impacts could also extend beyond the life of the project. For example, the 

clearing of mature forests would be a permanent impact because it would take several 

decades for these habitats to attain their pre-construction conditions.

121 Piping erosion occurs when water conveys fine sands and silts in certain noncohesive soils between coarse soil particles, which results in fines being removed from 

the soil matrix, which could lead to the development of voids underneath the pipeline.

122 Id. at 4-113.

123 Id.
Docket No. CP17-178-000 - 28 -

mitigation measures that will be implemented for other areas with the potential for piping 

erosion.

Contamination from spills or leaks of fuels, lubricants, and coolant from 

construction equipment could adversely affect soils. AGDC’s Spill Prevention Plan

specifies measures to minimize the potential for soil contamination from spills or 

leaks.124 Facility-specific Spill Prevention Plans would be developed by construction

contractors. AGDC and its contractors would use these Spill Prevention Plans to

minimize accidental spills of materials that could contaminate soils, and to ensure that

inadvertent spills are contained, cleaned up, and disposed of as quickly as possible and in 

an appropriate manner.

125

AGDC’s Unanticipated Contamination Discovery Plan provides general 

procedures for the unanticipated discovery of contamination on land or water and outlines 

contamination discovery, initial response procedures, site characterization, and hazard 

assessment to determine the extent, nature, and disposition of the contamination; proper 

agency and local official notifications; and recordkeeping procedures.126 Depending on 

the extent and characteristics of the identified contamination, AGDC would either seek a 

route adjustment to avoid the contamination or make plans with the appropriate 

landowner and Alaska Department of Environmental Conservation (ADEC) for 

excavating or reducing the contamination with disposal at an approved waste disposal 

site.

127 AGDC would consult with ADEC and/or the EPA if a site is characterized as 

hazardous.128

For the Marine Terminal Material Offloading Facility construction, dredging 

would be required. Dredging activities would cause temporary increases in turbidity and 

sedimentation in Cook Inlet. AGDC would file a Project Dredging Plan with the 

Commission for review and written approval prior to construction. The State of Alaska 

observed that, given the history of the Prudhoe Bay area, a plan should be in place in case 

historical contamination is found during dredging. The Unanticipated Contamination 

Discovery Plan does not include specific measures that would be taken for the 

unanticipated discovery of contaminated sediments in a marine environment. 

124 Id. at 4-119.

125 Id. at 4-119.

126 Id. at 4-120.

127 Id.

128 Id.
Docket No. CP17-178-000 - 29 -

Accordingly, the EIS recommends, and Environmental Condition 22 requires, that

AGDC file an updated plan that indicates the measures that will be taken if contaminated 

sediments are discovered in marine environments, including the appropriate agency 

notification requirements.129

Clearing, grading, and trenching of the construction work area would affect 

permafrost and thermal energy balance due to the removal of vegetation and snow cover. 

The effects of permafrost alteration due to construction and operation of the Mainline 

Pipeline could include subsidence and thermokarst130 development; solifluction,131 soil 

creep, and thawed-layer detachment on steep slopes; and increased erosion.132

To minimize permafrost impacts, the construction measures in the Winter and 

Permafrost Construction Plan include: constructing in thaw-sensitive permafrost during 

the winter where possible; use of granular work pads or temporary ice pads along the 

right-of-way, extra works spaces, and aboveground facilities, and for other construction; 

snow management; and use of temporary and permanent erosion and sediment 

controls.133 

AGDC would use granular fill in areas of thaw-sensitive permafrost to stabilize 

the Mainline Pipeline right-of-way, additional temporary workspace areas, and access 

roads.134 AGDC would place the granular fill between one and three feet deep to 

construct a pad. The specific amount of granular fill in any location would depend on the

permafrost thaw-susceptibility as well as the construction season, with the summer 

129 Environmental Condition 22 also requires AGDC to notify NPS in the event of 

an unanticipated discovery of contamination on NPS property.

130 Thermokarst is a land surface characterized by very irregular surfaces of 

marshy hollows and small hummocks formed as ice-rich permafrost thaws. Areas of 

thermokarst could develop where flowing water produces thermal erosion, a dynamic 

process that involves the thawing of ground ice, and by mechanical erosion (i.e., 

hydraulic transport of soils).

131 “Solifluction” is the gradual movement of wet soil or other material down a 

slope, especially where frozen subsoil acts as a barrier to the percolation of water. Final 

EIS at 1181, n.190. 

132 Id.

133 Id. at 4-88.

134 Id. at 2-60.
Docket No. CP17-178-000 - 30 -

construction season requiring the deepest fill (up to three feet) to prevent rutting.135 

However, the final EIS notes that, based on past construction issues in permafrost in 

Alaska, and staff’s own review of scientific research, staff could not conclude with 

certainty that granular pads would protect permafrost or minimize impacts on 

wetlands.136 While the final EIS finds that granular fill would provide a more stable and 

safe construction working surface, the installation of granular work pads, particularly for 

the Mainline Facilities, would conduct solar radiation to the underlying permafrost, 

thereby causing changes to the subsurface thermal regime and drainage patters in thawsensitive areas.137

To further address the impacts to permafrost associated with granular work pads, 

the EIS recommends, and Environmental Condition 19 requires, AGDC to assess if 

winter construction would be feasible in low slope areas (0 to 2 percent grade) proposed 

for certain construction activities as an alternative to the use of granular fill; and use 

timber/synthetic mats in place of granular fill in wetlands and uplands underlain by thawstable permafrost in low slope areas. 

AGDC has also worked with the ADNR to determine areas where surface organic 

layer segregation could occur. AGDC’s goal of organic layer segregation is for land 

stabilization through reestablishment of vegetation. However, AGDC’s proposed project 

Revegetation Plan does not currently provide a comprehensive set of information on 

surface segregation. AGDC would provide a final Revegetation Plan that would 

incorporate all surface layer segregation information, including the milepost ranges in 

which surface layer segregation would be executed between MPs 0 and 607, and an 

analysis and justification of where the surface layer would and would not be segregated 

between MPs 607 and 807. In areas where the surface organic layer would not be 

segregated, the organic layer would be mixed with subsoil layers during stockpiling and 

soils would not be put back into the trench in the same order as they were removed, 

thereby causing permanent impacts on permafrost. The final Revegetation Plan would be 

filed with the Commission for the review and written approval prior to construction of the 

Mainline Facilities.

As discussed in the final EIS, revegetation on gravel and rocky soil could be 

enhanced by using a higher proportion of fines or small particles in the granular fill. 

AGDC plans to use granular fill consisting of sands and gravels with less than 12 percent 

135 Id.

136 Id. at 4-89.

137 Id.
Docket No. CP17-178-000 - 31 -

fines.138 Given that a greater proportion of fines could improve the likelihood for 

successful plant establishment, the EIS recommends, and Environmental Condition 20 

requires, AGDC, prior to placement of any granular fill, to conduct aggregate testing to 

select granular fill with at least 20-percent fines for the surface layer used on all 

construction workspaces, and file the results of the aggregate tests in its construction

status reports filed with the Commission. 

In its comments on the draft EIS, AGDC asserted that a higher percentage of fine 

material in the granular fill would not be operationally sound and would potentially 

increase fugitive dust and increased sediment in runoff without improving the potential 

for revegetation. As discussed in the final EIS, the 20 percent fine is consistent with what 

is used in the surface layer for gravel roads; a lower percentage of fines can still be used 

in the base layer to provide the necessary load capacities; and the potential for fugitive 

dust, increase sediment in runoff would not likely be any greater than what would occur 

with an exposed soil surface in construction areas without granular fill.139 Accordingly, 

we find the potential for increased plant establishment with the higher percentage of fines 

warrants our requirement for its use.

Operation of the Mainline Pipeline could also cause long-term changes to the 

thermal energy balance throughout the soil profile. Frost bulb and/or frost heave 

formation140 could occur where the pipeline transitions from frozen to unfrozen soil and 

ground ice development occurs due to the chilled pipeline, placing additional tensile or 

compressive strain on the pipeline. Site-specific mitigation measures would be 

developed during the detailed design phase of the project, implementing the Geohazard 

Mitigation Approach, and may include additional insulation, to maintain unfrozen soils 

around the pipeline; and concrete coating or other buoyancy compensation where the 

pipeline is buried across saturated floodplains or active channels.

Thawing of discrete massive ice or excess ice features within permafrost can lead 

to thermokarst development. The settlement of thermokarst topography can then cause 

changes to natural drainage patterns, increase erosion, and increase thaw induced slope 

instability. AGDC identified about 34 miles of the Mainline Pipeline that would require 

the use of heavy-walled steel and/or additional design and monitoring requirements per 

138 Id. at 4-91.

139 Id.

140 Frost bulb and/or frost heave formation are typically long-term processes 

driven by freezing of previously unfrozen soils. During construction, there is no thermal 

process other than the normal seasonal freeze/thaw cycle driving the freezing of unfrozen 

soils. Thus, the short-term risk of frost bulb and/or frost heave formation during 

construction is very low.
Docket No. CP17-178-000 - 32 -

the PHMSA-approved Strain-Based Design Special Permit (Special Permit). According 

to the Special Permit conditions, additional areas of permafrost resulting in thaw 

settlement and pipe strains could be identified as project engineering continues and could 

be added to the Strain-Based Design Segments by a Design Change Process for the 

Special Permit. Thermokarst also has the potential to occur adjacent to granular fill work 

pads, and permafrost thaw could extend up to 20 feet outside of the construction right-ofway. AGDC would monitor conditions adjacent to granular work pads as outlined in the 

proposed Revegetation Plan. AGDC would also manage trench groundwater flow by 

installing periodic ditch plugs or water bars to stop ditch flow and direct ground and 

surface water away from the pipeline. Additionally, the pipe would be bedded with thawstable, non-frost susceptible materials that would minimize permafrost degradation, pipe 

thaw settlement, and surface slumping.

Continuous monitoring and operation of project facilities would be conducted 

through the SCADA system, a computer system used for gathering and analyzing data 

from real-time systems and operating remote facilities. AGDC would control gas 

temperature during operation of Mainline Facilities by heating and/or cooling gas at 

compressor stations and using gas heaters and adjusting gas temperatures for seasonal 

variations in discontinuous permafrost areas to match ground temperatures to the extent 

possible. AGDC has also developed a Project Pipeline Operation and Maintenance Plan

that describes operational monitoring methods that would be used on the Mainline 

Pipeline to determine if changing conditions (including permafrost changes) create an 

unacceptable risk to the pipeline. The plan provides that surveillance for the Mainline 

Pipeline would be at intervals not to exceed 45 days and would occur a minimum of 

12 times each year. 

The Prudhoe Bay Treatment Plant would be constructed on granular pads with a 

minimum thickness of five feet. Construction of associated facilities would incorporate 

granular work pads, piles, Vertical Support Members (VSM), and thermosiphons to 

preserve the active layer thickness and underlying permafrost. Operational impacts on 

permafrost would be minimized by use of VSM technology for the Point Thomson Unit 

Gas Transmission Line and Prudhoe Bay Unit Gas Transmission Line and aboveground 

pipelines for the Prudhoe Bay Treatment Plant. AGDC intends to monitor, mitigate, and 

manage potential permafrost degradation and the resulting impacts at VSMs as part of its 

Project Pipeline Operation and Maintenance Plan.

The primary construction concern, with respect to soil integrity, for the 

Liquefaction Facilities would be soil erosion as no permafrost soils are present at the site. 

The majority of operational impacts on soils associated with the Liquefaction Facilities 

would be the conversion of soil to impervious surfaces. Comments were received during 

the public scoping period about bluff erosion in the area of the Liquefaction Facilities. 

AGDC assessed existing bluff erosion structures and proposed that the Marine Terminal

Material Offloading Facility be constructed using a combi-wall structure from the toe of 
Docket No. CP17-178-000 - 33 -

the bluff extending offshore and tied back to a sheet pile anchor wall that would be buried 

under the Material Offloading Facility fill. During operation, AGDC has proposed to 

conduct annual Light Detection and Ranging (LiDAR) surveys to identify significant 

changes from baseline conditions along the bluffs.141 AGDC has identified potential 

mitigation measures for bluff erosion, including the use of steel sheet piles, armor rock, 

gabion structures, geocells, geomat, and sand/gravel bags, which would add to the 

existing structures to help reduce bluff erosion rates.

With implementation of the measures discussed above, the final EIS concludes

that most project effects on soils would be less than significant; however, the long-term 

to permanent impacts on permafrost and loss of soils due to granular fill placement, 

particularly for the Mainline Facilities, would be significant.142

3. Water Resources

Project construction and operation would result in minor impacts on groundwater 

resources. The project would cause permanent, but minor, alterations to surface and 

groundwater hydrology due to impacts on permafrost. Impacts on groundwater would be 

adequately minimized through AGDC’s implementation of proposed mitigation 

measures, AGDC construction monitoring, and compliance with federal, state, and local 

regulatory approvals and requirements. 

Groundwater uses for the project would be primarily related to construction and 

hydrostatic testing of the Mainline Facilities. No groundwater would be used during 

construction or operation of the Prudhoe Bay Treatment Plant or Liquefaction 

Facilities.143 For the Mainline Facilities, given the remoteness of the construction camps

and the monitoring that would take place at wells, and because groundwater volumes 

would be recharged each year during spring thaw, the potential groundwater drawdown 

impacts caused by water use at construction camps would likely be minor and 

temporary.

144

Surface drainage and groundwater could be affected by various construction 

activities, such as clearing, grading, trenching, and site preparation. Groundwater 

contamination could result from spills of fuel, oil, or other hazardous materials during 

141 Id. at 4-119.

142 Id. at 5-7.

143 Id. at 4-226.

144 Id.
Docket No. CP17-178-000 - 34 -

project construction and operation. To avoid or minimize impacts, AGDC would 

implement the fueling, storage, containment, and cleanup measures identified in its Spill 

Prevention Plan, and the hazardous material handling procedures provided in its 

Procedures and Waste Management Plan.145 AGDC would also implement: a 

Groundwater Monitoring Plan in key areas near known contaminated sites; the ARD/ML 

Management Plan that includes mitigation and monitoring measures in areas of high 

ARD/ML potential; and a Water Well Monitoring Plan.146 In addition, the ARD/ML 

condition mentioned above would further mitigate impacts on groundwater resources.

The Mainline Pipeline would require 553 waterbody crossings, and the Point 

Thomson Unit Gas Transmission Line would require 106 waterbody crossings. Project 

construction and operation would result in minor and temporary impacts on surface water 

quality and streamflow and impacts on freshwater resources would be adequately 

minimized because AGDC would adhere to the measures included in the Project Plan 

and Procedures, Spill Prevention Control, and Countermeasure Plan, Stormwater 

Pollution Prevention Plan, Fugitive Dust Control Plan, Waste Management Plan, and 

Revegetation Plan.

Infrastructure such as granular pads, access roads, pipe storage yards, and disposal 

sites would permanently fill a portion of some ponds and lakes.147 Project activities at 

mainline additional work areas, the Prudhoe Bay Treatment Plant, and the Liquefaction 

Facilities would affect about 208 acres of waterbodies.

148 AGDC has stated that it would 

avoid placing permanent granular fill in streams and rivers; however, four additional 

work areas (two pipe storage yards and two disposal sites) could encroach upon four

individual waterbodies149 where placement of granular fill or spoil could interrupt 

streamflow. 

To avoid affecting water flow and quality within these four waterbodies, the EIS 

recommends, and Environmental Condition 23 requires, AGDC to restrict the placement 

145 Id. at 4-155.

146 Id. at 4-222.

147 Id. at Appendix I, Tables I-5 and I-7. 

148 Id. Additional information on the Liquefaction Facilities is provided in section 

4.3.2.5 of the final EIS.

149 Id. at Appendix I, Table I-5.
Docket No. CP17-178-000 - 35 -

of granular fill, spoil, or other materials in these waterbodies, and to file, if relevant, sitespecific plans it will use to preserve water flow and quality within the affected streams.

Construction activities within marine waters, such as dredging and construction of 

in-water structures, would result in short-term and localized turbidity and sedimentation 

that would dissipate, resulting in less than significant impacts. Nearshore construction 

activities in Prudhoe Bay and Cook Inlet could result in sedimentation in marine waters 

due to erosion from stormwater runoff and dewatering, but AGDC would implement 

erosion measures in its Stormwater Pollution Prevention Plan (Stormwater Prevention 

Plan) to reduce or avoid impacts and implement Best Management Practices in 

accordance with the Project Wetland and Waterbody Construction and Mitigation 

Procedures (Project Procedures) and ADEC’s Best Management Practices for 

Gravel/Rock Aggregate Extraction Projects User Manual.

150

Offshore construction of the Mainline Pipeline through Cook Inlet via the bottom

lay method would result in turbidity in the immediate vicinity of the pipe and associated 

anchoring activities for construction vessels.151 The increases in turbidity and sediment

dispersal would be minimal and short term in nature. Beyond the shoreline crossings, 

the Mainline Pipeline would remain as a permanent feature on the bottom of Cook 

Inlet.152

Surface water withdrawals would be used during construction and operation of 

all project facilities. Project construction would require the use of surface water for 

hydrostatic testing, directional micro-tunneling activities, ice road construction, potable 

water, and activities such as dust control. Operating the project would require water for 

a variety of activities, including hydrostatic testing, emergency repairs, and potable 

water. With implementation of the mitigation measures described above, AGDC’s

commitments, and compliance with applicable permits, impacts from surface water 

withdrawal, use, and discharge would be minor and short term. 

4. Wetlands

Approximately 3,535 acres of wetlands would be temporarily affected by construction 

and operation of the project; approximately 8,225 acres of wetlands would be permanently

affected, which includes about 6,220 acres of permanent granular fill and about 195 acres 

of palustrine forested wetlands converted to palustrine emergent and/or palustrine 

150 Id. at 4-156.

151 Id. at 4-226.

152 Id. at 4-227.
Docket No. CP17-178-000 - 36 -

scrub/shrub wetlands.153 The remaining 1,809 acres of wetlands would be permanently

affected by material sites, disposal sites, a water reservoir, and a stormwater pond.154

Although AGDC proposes to restore some of the affected wetlands, depending on the 

construction mode and growing conditions, impacts on the wetlands would range from 

short term to permanent.

155

Construction of granular fill pads for infrastructure would occur across the project 

area and result in the permanent loss of wetlands, i.e., extending beyond the nominal 

design life of the project. The conversion of wetlands to uplands through granular fill 

placement would affect adjacent wetlands by fragmenting them into smaller sections and 

changing natural drainage patterns. Wetlands in the Arctic Coastal Plain and Arctic 

Foothills Subdivisions are known to store large quantities of carbon, which provide 

carbon sequestration on a massive scale.156 Wetland loss from granular fill placement in 

these areas would reduce the capacity to sequester and transform carbon. Adjacent 

wetlands could also experience increased turbidity and sedimentation because fine 

particles would be transported from granular fill to adjacent wetlands by stormwater 

runoff during construction and operation.157

Compensatory mitigation would likely be required by the COE to offset the loss of 

wetland and aquatic resource functions for any unavoidable impacts on wetlands or 

aquatic resources. Methods of providing compensatory mitigation include restoration, 

establishment, enhancement, or preservation as authorized through the issuance of 

Department of the Army permits pursuant to Clean Water Act (CWA) section 404 and/or 

River and Harbors Act section 10.158 Pursuant to NPS requirements, wetland 

compensatory mitigation for impacts under NPS regulatory authority would be consistent 

with the NPS Director’s Order 77-1.57.

159 AGDC provided a Project Wetland Mitigation 

153 Id. at Table 4.4 3-1.

154 Id. at 4-233.

155 As noted above, an impact is categorized as permanent impact if the wetland 

would not return to pre-construction conditions during the life of the project, which 

AGDC defines as 30 years. 

156 Id.

157 Id.

158 Id. at 4-250.

159 Id.
Docket No. CP17-178-000 - 37 -

Plan to the COE for review. AGDC is consulting with the COE and other resource 

management agencies to determine the appropriate form of mitigation offsets for 

unavoidable impacts on waters of the United States, including wetlands.

5. Vegetation

Constructing the project would affect about 26,054 acres of vegetation, including 

12,440 acres of forest, 8,080 acres of scrub, and 5,534 acres of herbaceous vegetation.160

These values encompass the smaller areas of operational impact areas that would affect

about 7,596 acres, including 3,282 acres of forest, 2,214 acres of scrub, and 2,101 acres 

of herbaceous vegetation.161

Project construction and operation would have temporary to permanent effects on 

vegetation. Impacts associated with all project facilities would include the permanent 

loss of vegetation due to various types of disturbance, including: the placement of 

granular fill; installation of aboveground facilities; excavation for material sites; and 

construction of disposal sites.162 Most impacts would be minimized with implementation 

of AGDC’s various project-specific plans, including the Project Plan, Project 

Procedures, Stormwater Prevention Plan, Revegetation Plan, Spill Prevention Plan, 

Invasives Plan, Invasive Species Prevention and Management Plan, Winter and Permafrost 

Construction Plan, and Revegetation Plan, during both construction and operation. 

Impacts on scrub and herbaceous plant communities would be less than significant 

based in part on the small areas affected relative to the larger watersheds and their shorter 

recovery time relative to forest communities. Impacts on other vegetation resources, 

including rare plants and rare plant communities, aquatic vegetation, and pollinator plant

species, would likely not be significant due to a number of factors, including the small 

areas affected relative to the larger watersheds or the total distribution of the plant 

community type or species.163 The final EIS concludes that AGDC’s implementation of 

the EIS recommended mitigation measures along with AGDC’s proposed commitments, 

160 Id. at Table 4.5.2-1.

161 For context, the project would affect less than 1 percent of the estimated 2.1 

million acres of forest, 1.7 million acres of scrub, and 0.7 million acres of herbaceous 

vegetation in the HUC12 watersheds crossed by the project based on the USGS Gap 

Analysis Project (GAP)/LANDFIRE National Terrestrial Ecosystems land cover data 

(2018). Final EIS at 4-253.

162 Id. at 4-253.

163 Id.
Docket No. CP17-178-000 - 38 -

would contribute to reduced impacts on scrub and herbaceous plant communities, rare 

plants and rare plant communities, aquatic vegetation, and pollinator plant species.

Project construction and operation would result in the permanent loss or 

conversion of about 8,512 acres of forest, 4,293 acres of scrub, and 2,199 acres of 

herbaceous vegetation.164 These permanent impacts would be due to the effects of fill 

(including the permanent placement of granular fill), excavation (e.g., for material sites), 

and long-term vegetation maintenance in the permanent Mainline Pipeline right-of-way. 

Project impacts would be greatest for forest habitats both in terms of quantity and 

duration since such habitats would take the longest time to recover in the temporary 

construction workspace (25 to 100 years)—potentially resulting in about 3,891 acres of 

additional permanent impacts—or would be permanently converted to upland, 

herbaceous, and scrub communities in the permanent Mainline Pipeline right-of-way.165 

Impacts on forest communities would be significant given the amount of habitat affected 

and the longer recovery period for this vegetation type.

166 Given that edge effects would not 

necessarily result in the loss of adjacent forest communities, the impacts from edge effects 

themselves would not be significant. However, they would result in the long-term to 

permanent alteration of forest habitat adjacent to the right-of-way and access roads, 

contributing to the overall significant impacts on forest communities 167 

In addition, the potential introduction and dispersal of non-native invasive plant 

species into a relatively pristine environment, particularly along the Mainline Pipeline 

right-of-way, could have a significant impact on native plant communities.168 AGDC

proposes measures to minimize potential impacts from non-native invasive plant species, 

including implementation of the Invasive Species Prevention and Management Plan and

Revegetation Plan during both construction and operation. AGDC’s proposal also 

includes seeding areas with non-native invasive plant species-infestations within the first 

growing season following construction to reduce the establishment and/or spread of non164 Id. at 4-254.

165 Id. at 4-265.

166 Id. at 4-282.

167 Id. at 4-1180.

168 Id. at 4-268.
Docket No. CP17-178-000 - 39 -

native invasive plant species prior to natural recruitment. With these measures, impacts 

will not be significant.169

6. Wildlife Resources

The Alaska LNG Project would affect about 26,159 acres of terrestrial wildlife 

habitat.170 More than 40 terrestrial large and small mammal species are found in the 

habitats within the project area including moose, black bear, polar bear, brown bear 

(including grizzly bears, which are a subspecies of brown bear), caribou, Dall sheep, 

muskoxen, gray wolf, wolverine, fox, Canadian lynx, otter, coyote, and American beaver.

Three species—Alaska marmot, American water shrew, and little brown myotis—are 

classified as sensitive by the Alaska Natural Heritage Program.171

Construction and operation would affect terrestrial wildlife due to loss or 

alteration of habitat. Some of these habitats would also be fragmented and experience 

edge effects. Affected habitats include arctic tundra, boreal forest, and transition forest, 

as well as the smaller habitat types that occur within them, such as wetlands, riparian 

areas, meadows, bogs, and scree slopes.172 Wetland, riverine, and lake habitats would 

also be affected throughout the project area.

Direct injury or mortality of terrestrial wildlife could occur due to construction or 

maintenance activities or vehicle and equipment collisions. Clearing and grading could 

affect hibernating mammals and less mobile species. Collision with vehicles and 

equipment could occur within construction work areas and on access roads or along 

public roads and highways, but wildlife would be somewhat acclimated to existing traffic 

on these roads. AGDC will implement measures to minimize collision risks, such as 

limiting vehicle speeds. 

Construction of the numerous aboveground facilities (including most new access 

roads) would result in the permanent loss of wildlife habitat. Temporary loss would 

occur in areas restored to natural conditions, although recovery times could range from 

years to decades depending on vegetation type and region. Permanent habitat loss would 

occur at aboveground facilities, and granular fill sites, along access roads, and in areas 

where cover types, such as forest, are modified for right-of-way maintenance. 

169 Id.

170 Id. at Table 4.6.1-2.

171 Id. at 4-283.

172 Id. at 4-288.
Docket No. CP17-178-000 - 40 -

During construction, trenching for the Mainline Pipeline could temporarily block 

animal movements across the right-of-way, which could disrupt seasonal activities or 

migration patterns, particularly for large mammals. To reduce these potential impacts, 

AGDC would coordinate with the Alaska Department of Fish and Game and the FWS to 

develop procedures to facilitate wildlife movement and minimize migration disruptions 

due to construction. Where practicable, AGDC would schedule excavation activities to 

avoid major migrations.

Construction and operational activities would generate noise that could affect 

terrestrial wildlife, although most animals would be capable of avoiding noise that could 

be physically damaging. impacts on wildlife would be mostly behavioral, such as 

displacement to adjacent habitats, but project noise could also disrupt breeding, 

hibernation, predation, and other temporal patterns. However, construction impacts 

would be short term and localized; whereas, operational impacts would be long-term to 

permanent, and localized. 173

Terrestrial wildlife could be affected by the presence of humans and use of project 

facilities, particularly in remote areas with limited human populations. Impacts could 

include behavioral changes, a decrease in reproduction success due to stress, and 

mortality from increased hunting and poaching. To minimize impacts, construction 

camps and waste management systems would be designed to reduce wildlife attraction to 

camps by food and refuse. Workers would be trained on good housekeeping practices, 

including implementation of the Project Waste Management Plan, to reduce potential for 

interactions with wildlife. With the implementation of the project construction and 

restoration plans, the final EIS concludes that impacts described above would be less than

significant on most terrestrial species. 

During scoping, the residents of Nuiqsut and Kaktovik, two communities on the 

North Slope, expressed concerns about the impacts of oil and gas development, including 

the proposed project, on caribou and caribou movements.174 Both villages harvest 

caribou year-round. Nuiqsut’s and Kaktovik’s terrestrial subsistence use areas overlap 

173 Id. 

174 Caribou have high economic and recreational value and are an important source 

of income and nutrition, particularly for these communities. Of all terrestrial mammals 

harvested, caribou typically represent the most intensely harvested subsistence resource.

On the North Slope Region, marine mammal and large land mammal harvests comprise 

the majority of the total subsistence catch (about 40 percent each). There are years when 

no bowhead whales are harvested in Nuiqsut and Kaktovik. During these years, Nuiqsut 

and Kaktovik have historically increased their reliance on the harvest of other resources 

including large land mammals, such as caribou. Id. at 4-755.
Docket No. CP17-178-000 - 41 -

with the Prudhoe Bay Treatment Plant (including the Point Thomson Unit Gas 

Transmission Line) and Mainline Pipeline. 

The Central Arctic Herd of caribou has the only calving and insect relief habitats 

affected by the project.175 The Mainline Pipeline and the Point Thomson Unit Gas 

Transmission Line combined would cross about 94.2 miles and about 2,270 acres of 

spring calving habitat and 1,203 acres of insect relief habitat for the Central Arctic 

Herd.176 Affected areas would be covered by gravel roads and pads, a material site, a 

reservoir, and pipelines, resulting in permanent habitat loss. For the Prudhoe Bay 

Treatment Plant, which includes the Point Thomson Unit Gas Transmission Line that 

would be elevated 7 feet aboveground, disturbances to these habitats from project 

operation would be permanent, including the change in the landscape created by the Point 

Thomson Unit Gas Transmission Line.

177 Because the Point Thomson Unit Gas 

Transmission Line would be built above ground, it could serve as a barrier during project 

operations to caribou migration between habitat areas or within specialized habitats.178 

Additionally, unlike the Mainline Facilities, the 62.5-mile-long Point Thomson Unit Gas 

Transmission Line would run parallel to Prudhoe Bay, which is critical area for insect 

relief for the Central Arctic Herd.

As discussed in the final EIS, a synthesis of previous studies on the effects of 

pipeline height on caribou crossing success found that older pipelines (i.e., those 

constructed before the minimum height of five feet above ground level was stipulated by 

the State of Alaska) constitute barriers to caribou crossings in the absence of crossing 

ramps.179 Generally, pipelines elevated to the minimum height of 5 feet are high enough 

to accommodate caribou crossings during snow-free periods. In the Prudhoe Bay area, 

the snow-free period begins around June, about the same time as the beginning of the 

Central Arctic Herd’s calving period. Additionally, a portion of the Central Arctic 

Herd’s winter habitat overlaps with the western end of the Point Thomson Unit Gas 

Transmission Line. 

While there is limited data on pipeline crossings by caribou in the winter, the 

available evidence indicates that pipeline heights in the range of seven to eight feet are 

175 Id. at Table 4.6.1-6.

176 Id. at 4-305 – 306; see also Table 4.6.1-7.

177 Id. at 4-305.

178 Id. at 4-306.

179 Id. at 4-306.
Docket No. CP17-178-000 - 42 -

more likely to be crossed by caribou during those periods than pipelines at lower heights. 

As noted above, the Point Thomson Unit Gas Transmission Line would be elevated to a 

height of seven feet above ground.180 Constructing pipelines at this height would serve to 

reduce impacts on caribou, but caribou potentially could still exhibit behaviors such as 

hesitation or avoidance.181 

Additionally, caribou individuals may react differently to infrastructure after 

repeated exposure, but that effect (habituation) is difficult to measure. While researchers 

have documented that caribou within the Central Arctic Herd appear to have habituated 

to certain aspects of the existing infrastructure, factors such as traffic and insect 

harassment may influence their future behavior.182 Impacts of general infrastructure on 

caribou distribution, habitat use, and population trends are not well understood, but 

studies conclude that roads likely alter caribou migration and that distance to 

infrastructure may play a role in influencing caribou behavior. 

Although the final EIS found that drawing definitive conclusions about the impact

of the project on caribou movement is not possible at this time, it concluded that the 

project’s permanent impacts on sensitive habitats, along with the project location at the 

center of the Central Arctic Herd’s range, would contribute to significant impacts on the 

Central Arctic Herd.183 This conclusion was based on a review of previous studies and 

comments from stakeholders, including from Alaska subsistence communities that are 

dependent on caribou.

In comments on the draft EIS, AGDC and others contend that the impact

assessment on the Central Arctic Herd, was overstated and that temporary, rather than 

significant, impacts on the Central Arctic Herd would occur.184 AGDC and others assert

that the project footprint would represent a small percentage of available caribou habitat 

and that project activities would occur when the Central Arctic Herd is not present.185 

However, as discussed in the final EIS, various project facilities—including permanent 

facilities—would be located within sensitive habitat for the Central Arctic Herd 

180 Id. at 4-291.

181 Id. at 4-306.

182 Id.

183 Id. at 4-312.

184 Id.

185 Id. at 4-306.
Docket No. CP17-178-000 - 43 -

throughout the year and the Mainline Pipeline would bisect the known occupancy range 

for the herd.186

We concur with the findings set forth in the final EIS but find that additional 

measures are warranted to address the significant impacts on the Central Arctic Herd. 

Accordingly, we will require in Environmental Condition 24 that AGDC, following 

construction of the Prudhoe Bay Treatment Plant and Point Thomson Unit Gas 

Transmission Line, conduct seasonal monitoring for three years to track caribou herd 

movement and determine if project infrastructure is creating a barrier to caribou 

movement. To allow conclusions to be drawn regarding any potential changes, AGDC 

will also be required to conduct baseline monitoring of caribou movement prior to the 

start of construction of the Prudhoe Bay Treatment Plant and Point Thomson Unit Gas 

Transmission Line. No later than six months after completion of the three-year study, 

AGDC must file a report describing the results of the monitoring, and recommendations 

to minimize or mitigate any identified issues with caribou movement related to the 

project, for further consideration and potential action by the Commission.

Alaska is home to more than 500 species of birds including raptors, waterbirds, 

passerines, and upland birds.187 Birds use the various habitats in the project area for 

resting, staging, sheltering, foraging, mating/breeding, nesting, and rearing young.188

Various federally managed lands and state refuges along the path of the project also 

provide important habitat for birds throughout the project area.189 The project would 

affect avian resources as a result of habitat degradation and loss; increased stress, injury, 

and mortality; disturbance and displacement; and loss of reproductive opportunity. 

As with terrestrial wildlife, birds would generally avoid the disturbance caused by 

construction activities. Individuals avoiding these activities would be displaced to 

adjacent habitat, which could strain resources and resident wildlife. Impacts from 

operational activities could include injury and mortality from vegetation clearing for

pipeline maintenance and inspections; stormwater discharge from the Mainline Pipeline 

aboveground facilities and the LNG Facilities; flare operation; human activity; and rightof-way maintenance. Finally, impacts on birds would include injury or mortality from an

increase in hunting access and/or predation and spills.

186 Id.

187 Id. at 4-321.

188 Id.

189 Description and maps of these areas are provided in the final EIS at sections 

4.6.1 and 4.9.2.
Docket No. CP17-178-000 - 44 -

Mitigation measures to avoid or minimize impacts on birds and their habitats are 

addressed in the Migratory Bird Conservation Plan, which sets forth the procedures to be 

implemented during project construction, operation, and maintenance for avian protection, and 

through implementation of project-specific plans such as the Project Plan, Project Procedures,

Winter and Permafrost Construction Plan, Lighting Plan, and Spill Prevention Plan.

In addition, to the extent practicable, AGDC would conduct land disturbing 

activities on the Beaufort Coastal Plain during winter. Project-wide, AGDC would 

generally conduct vegetation clearing, grubbing, and other disruptive activities outside of 

timing windows recommended by the FWS for nesting birds, but some activities could 

overlap with nesting seasons.

Marine mammals, which are protected under the Marine Mammal Protection Act,

may be affected by project construction and operation in the Beaufort Sea and Cook 

Inlet.190 Vessel traffic through the Gulf of Alaska, Bering Sea, and the Chukchi Sea could

also affect marine mammals. Potential impacts include vessel strikes, noise, and changes 

to foraging, mating, and migration behaviors.

191

Underwater noise from pile driving, excavation, dredging, screeding,

192 anchor 

handling, and vessel operations can affect marine mammals’ ability to communicate, 

navigate, avoid predators, mate, and locate food. Underwater noise can also cause 

habitat degradation, displacement, strandings, and changes in migration patterns. 

Airborne noise from pile driving, equipment and vessel operations, excavation, and 

aircraft overflights, could also result in behavioral impacts on marine mammals.193

To reduce impacts on marine mammals, AGDC would use Protected Species

Observers during construction to identify any marine mammals that could come into 

proximity of project activities. Protected Species Observers would be used to monitor

190 This discussion addresses only marine mammals that are not federally listed as 

threatened, endangered, or other special status species as defined in the Endangered 

Species Act. 

191 Final EIS at 4-377. Table 4.6.3-2 lists the construction and operational 

activities with the potential to affect non-Endangered Species Act listed marine mammals

and identifies which species could be present during those activities based on habitat, 

range, and timing of the activity.

192 Subsea scraping (screeding) levels, pushes, or moves sediments on the sea floor 

to create a flat surface.

193 Final EIS at 4-381 – 4-386.
Docket No. CP17-178-000 - 45 -

marine mammals during anchor handling procedures and construction activities and 

minimize exposures of marine mammals tosound levels in excess of NMFS injury 

thresholds (Level A harassment). Protected Species Observers would have the authority 

to stop activities immediately, and/or lower noise levels when marine mammals are

visible within the shutdown or harassment zones.194

AGDC committed to having at least two Protected Species Observers on watch 

during pile driving and at least one Protected Species Observer on watch during pipe 

laying in Cook Inlet but did not provide information regarding the number of Protected 

Species Observers for activities in Prudhoe Bay. AGDC also only committed to using 

land-based Protected Species Observers. Given the area required to be monitored and 

the lack of information on Protected Species Observers for Prudhoe Bay, the EIS 

recommends, and Environmental Condition 26 requires, AGDC to file a revised 

Protected Species Observer deployment plan that includes information on the number of 

Protected Species Observers for pile driving, anchor handling, and dredging and 

screeding activities.

Using the NMFS Technical Guidance to determine distances to Level A 

harassment (injury) and Level B harassment (disturbance), AGDC also proposed

shutdown and harassment zones for pile driving in Cook Inlet and Prudhoe Bay and 

anchor handling activities to reduce impacts on marine mammals.195 AGDC proposed 

shutdown, harassment, and mitigation zones for pile driving, but the zones did not apply 

to all activities, and would not match the modeled distances set forth in Appendix L-1, 

Wildlife and Fish Noise Calculated Results and Estimated Number of Vessel Trips. 

Further, the zone distances could change based on Marine Mammal Protection Act

authorization, which provides NMFS or the FWS authority to authorize the incidental 

take of small numbers of marine mammals, subject to certain findings and 

procedures.196 Accordingly, the EIS recommends, and Environmental Condition 25

requires, AGDC to revise the shutdown distances for all underwater noise-generating 

activities based on modeled distances or, alternatively, conduct a Sound Source 

Verification during construction to establish the appropriate shutdown or harassment 

zones.

194 Id. at 4-388.

195 Id. 

196 AGDC has applied to NMFS and FWS for appropriate incidental take 

authorizations under the Marine Mammal Protection Act for construction activities in 

Cook Inlet and Prudhoe Bay.
Docket No. CP17-178-000 - 46 -

To reduce impacts on marine mammals resulting from pipeline trench open cuts 

of shore approaches, AGDC would incorporate the use of the directional microtunneling continuation methodology for the shoreline crossings at Beluga Landing South 

and Suneva Lake, or provide a site-specific justification demonstrating that the 

methodology would not be feasible.197 If used, the directional micro-tunneling

continuation methodology would eliminate the risk of Level A harassment (injury) 

impacts on marine mammals from trenching and reduce the distance for Level B 

harassment (disturbance) impacts on marine mammals in Cook Inlet from up to 1.9 

miles to 183 feet.

198

To minimize vessel traffic impacts, AGDC would implement a Transit 

Management Plan, which identifies measures, such as reduced vessel speeds, to reduce 

traffic and collision. In its vessel contracts, AGDC would require vessels to comply 

with NMFS’ Vessel Strike Avoidance Measures & Reporting for Mariners, which 

recommends, among other provisions, reducing speeds and maintaining separation 

between vessels and marine mammals, when present.199 Vessels in transit through the 

Aleutian Islands would maintain compliance with the International Maritime 

Organization’s Aleutian “Areas to be Avoided.”200

During operation, the increase in vessel traffic would result in an increased risk 

of spills in marine habitats. To minimize the risk of a spill, AGDC would ensure that all 

contractors comply with the Project Emergency Response Vessel Assurance Execution 

Plan, and the Spill Prevention Plan, and/or Stormwater Prevention Plan, as applicable. 

Vessel operations could introduce aquatic invasive species from ballast water 

discharge, fouled hulls, and equipment placed overboard. To avoid or minimize 

impacts, vessels would be required to adhere to federal regulations regarding Ballast 

Water Management, and AGDC’s Ballast Water Management Plan that includes 

measures to minimize the risk of introducing aquatic invasive species.201 Most impacts 

would be addressed through implementation of project-specific plans and through 

197 Final EIS at 4-382.

198 Id.

199 Id. at 4-395.

200 Id. 

201 Id. at 4-397.
Docket No. CP17-178-000 - 47 -

compliance with federal regulations regarding vessel transit and ballast water 

discharges. 

With implementation of the measures described above, AGDC’s commitments, 

and the Environmental Conditions required in this order, the Alaska LNG Project would 

not result in significant effects on non- Endangered Species Act-listed marine 

mammals.202

7. Aquatic Resources

Alaska has a variety of freshwater and marine fish in its interior rivers and streams 

and coastal waters. Many of these fish are commercially important, such as salmon, 

walleye pollock, Pacific halibut, cod, and Pacific herring. The Alaska Department of 

Fish and Game manages freshwater, commercial, and subsistence fisheries as well as 

marine recreational fishing in Alaska. The Alaska Department of Fish and Game

maintains data on anadromous waters and publishes the Catalog of Waters Important for 

the Spawning, Rearing, or Migration of Anadromous Fishes, also known as the 

Anadromous Waters Catalog, and an associated Atlas.203 The Anadromous Waters 

Catalog is not a comprehensive list of all anadromous fish waterbodies in Alaska, but 

rather a list of waterbodies that have been surveyed by the Alaska Department of Fish 

and Game or private parties. Most of Alaska has not been surveyed. Once Anadromous 

Waters Catalog waters are identified, they are protected by Alaska state law, and AGDC

would be required to apply for a Fish Habitat Permit to cross Anadromous Waters 

Catalog waters as well as any fish-bearing streams.204

Based on current data, 71 Anadromous Waters Catalog waters would be crossed 

by the Mainline Pipeline, 30 Anadromous Waters Catalog waters would be crossed by 

Mainline and Prudhoe Bay Treatment Plant access roads, and 14 Anadromous Waters 

Catalog waters would be crossed by the Point Thomson Unit Gas Transmission Line. 

Alaska Department of Fish and Game regularly updates its list of Anadromous Waters 

Catalog waters.205 Therefore, to ensure that the appropriate mitigation and conservation 

202 Additionally, as noted above, AGDC has applied to NMFS and FWS for 

appropriate incidental take authorizations under the Marine Mammal Protection Act;

NMFS may require additional mitigation or alterations to mitigation measures identified 

in this analysis.

203 Final EIS at 4-397.

204 Id.

205 The waterbodies that would be crossed by the Project, including those 

designated as Alaska Waters Catalog, are listed in Appendix I of the final EIS and 
Docket No. CP17-178-000 - 48 -

measures are implemented, the EIS recommends, and Environmental Condition 27

requires, AGDC to file a list of Anadromous Waters Catalog waters affected by project 

facilities prior to construction using the most current Alaska Department of Fish and 

Game Anadromous Waters Catalog list and NMFS’s Essential Fish Habitat (EFH)species 

list, and the conservation measures it will apply at the appropriate waterbodies.206

Project construction and operation would result in temporary and permanent 

impacts on freshwater and marine fisheries and their habitat. Activities resulting in 

turbidity and sedimentation, alteration or removal of cover, blasting, introduction of 

pollutants, introduction of aquatic nuisance and nonindigenous fish species, permafrost 

degradation, water depletions, or entrainment of impingement, could increase rates of 

stress, injury, or mortality of fish. However, most impacts would be minimized through 

implementation of AGDC’s project-specific plans, including the Project Plan and Project

Procedures, Revegetation Plan, Site-Specific Waterbody Crossing Plans, Water Use 

Plan, Invasives Plan, Spill Prevention Plan, Ballast Water Management Plan, Fisheries 

Conservation Plan, and Directional Micro-tunneling Plans.

207 Specific mitigation 

measures would include installing erosion and sediment controls; using dry crossing, 

buried trenchless, or aerial installation methods at certain waterbodies; crossing 

waterbodies in dry or frozen conditions; and stabilizing and restoring stream beds and 

banks.208

In-stream trench blasting could occur in 337 waterbodies, of which 139 have known

occupied fish habitat and 58 of which are listed as Anadromous Waters Catalog waters.

209

Blasting in waterbodies for material extraction or trench excavation could cause turbidity 

and downstream sedimentation and potentially harm fish directly in the blast zone. To 

minimize impacts, AGDC would develop site-specific measures in consultation with the 

Alaska Department of Fish and Game and implement the Alaska Blasting Standard for 

discussed in section 4.7.1.2.

206 16 U.S.C. § 1855(b)(4)(B) (2018); 50 C.F.R. § 600.920(k)(1) (2019). The 

Magnuson-Stevens Fishery Conservation and Management Act defines EFH as “those 

waters and substrates necessary to fish for spawning, breeding, feeding, or growth to 

maturity”.

207 Final EIS at 4-417 through 4-418.

208 Id. at 4-417 through 430.

209 Id. Appendix I lists those fish-bearing waterbodies where blasting could occur 

in-stream. Material site blasting would occur in or within 600 feet of 12 waterbodies 

listed as Alaska Waters Catalog.
Docket No. CP17-178-000 - 49 -

trench or material site blasting near and within anadromous water bodies.210 AGDC

would file an updated Project Blasting Plan that includes monitoring of stream flow 

between blasting and in-stream construction measures as well as contingency measures to 

remediate loss of stream flow due to blasting, should this occur.211

Some access roads built across waterbodies would require the installation of 

culverts to maintain flow and provide fish passage. Long-term impacts on fish, 

particularly salmon, could occur if poorly designed or maintained culverts restrict the 

movement of migrating adults or fry.212 To minimize impacts, NMFS recommended that 

AGDC follow the guidelines in Anadromous Salmonid Passage Facility Design for 

culverts. AGDC would provide, as part of the Fisheries Conservation Plan, a design and 

maintenance plan for culverts installed within fish bearing streams based on these 

guidelines.213 AGDC has also committed to applying measures from the 2019 FWS

Alaska Fish Passage Program Fish Passage Design Guidelines to the extent 

practicable.214

To minimize risks and impacts associated with spills, AGDC would require 

contractors and vessel operators to comply with the Project Emergency Response Vessel 

Assurance Execution Plan. Additionally, various types of vessels serving the project 

would be required to develop and implement Shipboard Oil Pollution and Emergency 

Plans and/or Oil Discharge and Prevention Contingency Plans, which include measures 

to be taken when an oil pollution incident has occurred, if possible. 

Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 

(Magnuson-Stevens Act), staff consulted with NMFS regarding impacts on EFH, and 

NMFS considered the draft EIS as initiation of consultation and provided conservation 

measures for impacts on EFH. Staff completed consultation with NMFS on 

September 23, 2019.215 Based on staff’s consultations with NMFS, and the 

210 Id. at 4-443.

211 Id.

212 Id. at 4-420.

213 Id.

214 Id.

215 Id. at Appendix M.
Docket No. CP17-178-000 - 50 -

implementation of the various mitigation measures and recommendations, the EFH 

Assessment found that the project will result in minor impacts on EFH. 216

With implementation of the measures described above, AGDC’s commitments, 

and staff’s recommendations, the final EIS concludes that the project will not result in 

significant adverse effects on fisheries.217

Project activities would result in temporary to permanent impacts on marine 

benthic invertebrates and their habitats. Project activities would result in habitat 

disturbance, increased noise, shading, sedimentation, turbidity, and temporary water 

quality changes resulting in stress, changes in the composition or abundance of species, 

and mortality of some individuals. However, most impacts would be minor given that a 

relatively small portion of the benthic populations in Cook Inlet and Prudhoe Bay would 

be affected.218 Moreover, since most of the known invertebrate species in the project 

areas are common to the region and habitat disturbance would largely be limited to the

construction phase, effects would likely be localized and only occur during 

construction.219 

Vessel operations, particularly of LNG carriers, could affect benthic organisms 

though ballast water discharges, introduction of invasive species or spills of fuel and 

other hazardous materials. Based on LNG carrier design, a significant difference in 

temperature and salinity between ballast and ambient water are not anticipated.220 

Additionally, as discussed above, LNG carriers and marine barges used for this project 

would meet federal and state regulations for ballast water discharge and the project 

Ballast Water Management Plan. Since vessels would adhere to federal and state ballast 

water exchange regulations, aquatic invasive species would be expected to have little to 

no effect on benthic organisms; therefore, the effects of ballast water discharge in Cook 

Inlet on benthic invertebrates would be negligible.221

216 Id. at 4-478.

217 Id.

218 Id.

219 Id. at 4-457.

220 Id. at 4-459.

221 Id.
Docket No. CP17-178-000 - 51 -

With implementation of the measures described above and AGDC’s commitments, 

the final EIS finds that the Alaska LNG Project would not result in significant adverse 

effects on marine benthic invertebrates.222 

8. Threatened, Endangered, and Other Special Status Species

In consultation with FWS and NMFS, the final EIS identifies 32 species (or 

Distinct Population Segments223 or Evolutionarily Significant Units of species) that are 

federally listed as threatened or endangered (or are identified as proposed, candidates, or 

under review for federal listing) and may occur in or near the project areas. Critical 

habitat has been designated in the project area for seven of these species. The final EIS 

also identifies 89 sensitive or watch list species with the potential to occur in the project 

area on BLM lands. Five of these species (Alaska-breeding Stellar’s eider, spectacled 

eider, northern sea otter, polar bear, and wood bison) are federally listed.224

Impacts on federally listed species include construction activities in Prudhoe Bay 

and Cook Inlet that could disturb marine mammals and birds with noise, increased 

turbidity, effects on prey, and habitat disturbances and loss. In addition, activities 

associated with land-based construction, such as air traffic and lighting could affect 

federally listed species. Vessel traffic could also impact listed marine mammals and 

birds in the Beaufort Sea, Chukchi Sea, Bering Sea, Gulf of Alaska, and Cook Inlet, 

causing noise disturbances and potentially striking individuals. Some activities have the 

risk of a spills of fuel and other hazardous materials occurring on land or in-water that 

could affect federally-listed species.225

Pursuant to section 7 of the Endangered Species Act (ESA), the Commission, for

actions involving major construction activities with the potential to affect listed species or 

critical habitats, is the lead federal agency and must submit its Biological Assessment

222 Id. at 4-478.

223 Distinct Population Segments are defined as a portion of a species’ or 

subspecies’ population or range.

224 The Eskimo curlew is federally listed and considered BLM-sensitive but is 

presumed extinct thus a detailed analysis of potential effects was not conducted. See

Final EIS at 4-484.

225 A detailed description of impacts and avoidance, minimization, and mitigation 

measures for construction and operation-related impacts on each federally listed or 

candidate species is included in the Biological Assessment, as well as a summary set 

forth in the Final EIS at Tables 4.8.1-3 and 4.8.1-4.
Docket No. CP17-178-000 - 52 -

(BA) to the FWS and/or NMFS and, if it is determined that the action could adversely 

affect a federally listed species, the lead agency must submit a request for formal 

consultation to comply with Section 7 of the ESA. In response, the FWS and/or NMFS 

would issue a Biological Opinion as to whether the federal action would likely adversely 

affect or jeopardize the continued existence of a listed species or result in the destruction 

or adverse modification of designated critical habitat.

The Alaska LNG BA along with requests to initiate formal consultation was 

provided to the FWS and NMFS on June 28, 2019.

226 Based on staff’s analysis, the BA

determined that the project would have no effect on two species, is not likely to adversely 

affect 23 species (Distinct Population Segments or Evolutionarily Significant Units), and 

is likely to adversely affect six species (spectacled eider, polar bear, bearded seal, Cook 

Inlet beluga whale, humpback whale, and ringed seal). The BA also determined that the 

project is not likely to adversely affect designated critical habitat for five species and is 

likely to adversely affect designated critical habitat for two species (polar bear and Cook 

Inlet beluga whale).227

Because formal consultation with section 7 is not complete, Environmental 

Condition 28 states that AGDC shall not begin construction until formal consultation is 

completed, it has received applicable incidental take authorization pursuant to the Marine 

Mammal Protection Act, as described above, and it has received written notification from 

the Commission that construction or use of mitigation may begin.228

226 Since that time, minor updates have been made to the Alaska LNG final EIS 

that are no longer reflected in the BA, as discussed in the Final EIS at Attachment O.

227 A full discussion of staff’s “likely to adversely affect” determinations are 

provided in the BA and briefly summarized in the Final EIS at Table 4.8.1-6.

228 The Commission’s practice of issuing conditional certificates has consistently 

been affirmed by courts as lawful. Del. Riverkeeper Network v. FERC, 857 F.3d 388, 

399 (D.C. Cir. 2017) (upholding Commission’s approval of a natural gas project 

conditioned on securing state certification under section 401 of the Clean Water Act); see 

also Myersville, 783 F.3d at 1320-21 (upholding the Commission’s conditional approval 

of a natural gas facility construction project where the Commission conditioned its 

approval on the applicant securing a required federal CAA air quality permit from the 

state); Pub. Utils. Comm’n. of State of Cal. v. FERC, 900 F.2d 269, 282 (D.C. Cir. 

1990) (holding the Commission had not violated NEPA by issuing a certificate 

conditioned upon the completion of the environmental analysis). In the event that formal 

consultation results in a finding of jeopardy, the consulting agency must suggest 

reasonable and prudent alternatives that avoid jeopardy. 16 U.S.C. § 1536(b)(3)(A) 

(2018). In that case, an applicant may be required to file with the Commission an 
Docket No. CP17-178-000 - 53 -

As discussed in the final EIS at section 4.6.3, the project would be covered under 

the FWS Biological Opinion for Issuance of 2016-2021 Beaufort Sea Incidental Take 

Regulations for construction activities in Prudhoe Bay that may affect Pacific walrus and 

polar bears under the Marine Mammal Protection Act.

229 In accordance with these 

regulations, AGDC would provide a Polar Bear and Walrus Avoidance and Interaction 

Plan and implement all applicable provisions regarding avoidance, minimization, and 

mitigation measures for these species. 

Measures discussed above for marine mammals, such as use of Protected Species 

Observers in shutdown and harassment zones, would also reduce the risk of disturbance 

to listed marine mammals from underwater noise. To minimize the potential for vessel 

strikes, AGDC would require vessels to comply with NMFS guidelines and other 

measures regarding strike avoidance and reporting. As discussed above, AGDC would 

develop a Project Transit Management Plan for all vessels and a Vessel Strike Avoidance 

Measures & Reporting for Mariners for LNG carriers. Other measures would be 

implemented, such as slowing vessel speeds and implementing timing restrictions for pile 

driving. AGDC has also committed to conducting surveys for ringed seal lairs and polar 

bear dens prior to construction in suitable habitat.230

Nearly the entire population of Cook Inlet beluga whales is present on the western 

side of Cook Inlet near the project area each year in June and July for feeding and 

reproduction. AGDC would not conduct pile driving activities for Mainline Material 

Offloading Facility construction during these months to minimize impacts on Cook Inlet 

beluga whales. However, Mainline Pipeline pipelay could occur during these months, 

potentially resulting in noise impacts that exceed injury or behavior disturbance 

thresholds for beluga whales. As discussed above, AGDC would deploy Protected 

Species Observers and implement harassment and shut down zones for pile driving and 

anchor handling.

The final EIS identifies over 375 Species of Greatest Conservation Need, 26 of 

which are considered high priority species , including birds and marine mammals, with 

the potential to occur in the project area.231 Eight of these species are federally listed 

under the ESA, and six of the species are protected under the Marine Mammal Protection 

Act, and will be subject to the avoidance, minimization, and mitigation measures set 

application to amend its project in order to avoid jeopardy and receive authorization to 

commence construction. 

229 Final EIS at 4-480. See also section 4.6.3.

230 Id. at 4-506.

231 Id. at 4-479.
Docket No. CP17-178-000 - 54 -

under the ESA and Marine Mammal Protection Act. The final EIS concludes that project 

construction and operation would not be expected to result in significant effects on 

Species of Greatest Conservation Need. 

Impacts and avoidance, minimization, and mitigation measures for BLM sensitive 

and watch list species would be similar to those for vegetation, territorial wildlife, birds, 

fisheries, and federally listed species, as discussed above. Permanent loss of suitable 

habitat would be limited, with significant amounts of similar habitats available in 

adjacent areas. Therefore, the final EIS concludes that impacts on BLM sensitive and 

watch list species would not be significant.

9. Land Use, Recreation, and Special Use Areas

Six land use/land cover types were identified in the project area and described in 

the final EIS: agricultural land; commercial/industrial land; forested land; open land; 

open water; and residential land.232 Excluding offshore areas in Cook Inlet, the 

construction and operational footprints are predominantly open land (49 percent of 

construction and 53 percent of operation) and forested land (40 percent of construction 

and 39 percent of operation footprint).233

The project would have fewer impacts on agricultural, industrial, commercial, and 

residential lands. A majority of the land, excluding open water, that would be affected by 

construction is owned or managed by federal and state governments (19 percent and 69 

percent, respectively). The remainder is owned by cites/boroughs (4 percent), Alaska 

Native corporations or other Alaska Native entities (4 percent), and private landowners (5 

percent). A majority of the land (excluding open water) that would be affected by project 

operation is owned or managed by the federal and state government (19 and 63 percent, 

respectively), with the remainder owned by cites/boroughs (5 percent), Alaska Native 

corporations or other Alaska Native entities (3 percent), and private landowners (10 

percent).

The Mainline Pipeline would cross or pass near industrial or commercial lands at 

Coldfoot, McKinley Village, and Byers Lake Campground in Denali State Park, as well 

as a parcel used by a river tour operator near MP 560. Construction would affect visitors 

to McKinley Village, campground visitors, and the river tour operator. Visitors to 

McKinley Village would experience increased noise and traffic, reduced access to 

businesses during construction, and traffic delays. To minimize these impacts, AGDC

232 Id. at 4-525.

233 Id. at 4-527.
Docket No. CP17-178-000 - 55 -

would schedule pipelay outside the peak tourist season and implement its Traffic 

Mitigation Plan for work during the tourist season.

Development of material extraction sites would block access to and permanently 

remove a portion of the Byers Lake Campground. The ADNR Division of Parks and 

Outdoor Recreation commented that the proposed material site near Beyer’s Lake 

Campground would not be compatible with its mission and the park’s management 

zones, and therefore it would not likely approve the material site. Should the material 

site be approved, AGDC would file a detailed schedule of construction activities. AGDC

would also develop a site-specific construction schedule for activities to minimize 

disruption to the river tour operation. If it is not approved, then AGDC could utilize an 

alternative source.

Several comments were received regarding potential impacts on a family fishing 

operation where construction of the Mainline Pipeline could disrupt fishing access along 

the south shore of Cook Inlet on Boulder Point. AGDC would incorporate the use of the 

directional micro-tunneling continuation methodology for the shoreline crossing at 

Suneva Lake if geotechnical investigations confirm the feasibility of this method, as 

discussed above. If directional micro-tunneling continuation is implemented, it would 

avoid impacts on the fishing operation; otherwise, measures in the Project Recreation 

and Commercial Fishing Construction and Mitigation Plan would minimize impacts.

The final EIS identifies 127 residential buildings within 200 feet of the Mainline 

Facilities footprint. Construction impacts on these and any other residents near the 

pipeline would be temporary and minor. AGDC would implement site-specific 

mitigation measures to reduce impacts on residences, in addition to the standard BMPs 

identified in the Project Plan. AGDC would also conduct field surveys to confirm the 

locations and occupational status (i.e., seasonal or permanent; occupied or vacant) of

residences.

Construction of the Liquefaction Facilities would result in the permanent 

conversion of residential land to industrial/commercial land, including the removal of ten 

residences from within the footprint of the LNG Facilities. AGDC would purchase these 

residences prior to construction. No other residences are within 200 feet of the 

Liquefaction Facilities, and there are no residences in the immediate vicinity of the 

Prudhoe Bay Treatment Plant.

The project would cross or pass near recreational areas on public lands, including:

the Arctic National Wildlife Refuge (ANWR), Denali National Park, George Parks 

Highway National Scenic Byway, Iditarod National Historic Trail, and Dalton Highway 

Utility Corridor on federal lands; and Denali State Park, Nehana River Gorge, and North 

Slope Special Use Areas, Tanana Basin Planning Area, Tanana Valley State Forest, and 

various Game Management Units and refuges on state lands. 
Docket No. CP17-178-000 - 56 -

Most impacts on recreation areas and special interest areas would be temporary 

and minor. AGDC would minimize or mitigate impacts through implementation of 

construction and restoration best management practices, and would provide alternate 

access to affected sites, use flaggers or pilot cars to direct traffic, schedule activities 

outside peak tourist seasons, and comply with applicable crossing permits. The primary 

impact of project operation on recreation areas would be long-term to permanent changes 

in views due to maintenance of the pipeline right-of-way or installation of above ground 

facilities. Visual impacts during operation could be low to high, depending on the 

location and sensitivity of affected viewers.

Comments were filed regarding potential impacts on access to North Beach at 

Cook Inlet due to construction of the Liquefaction Facilities. Prior to construction, 

AGDC would develop plans to construct an alternate public beach access point, in 

consultation with the ADNR, Kenai Peninsula Borough, and private landowners.

The State of Alaska commented that the module staging pad for the Prudhoe Bay 

Treatment Plant would eliminate a state-run tundra monitoring station, which provides 

data on whether the tundra can be opened or closed for ice road construction and use. 

The ADNR would issue the lease for the staging pad, including provisions, if any, related 

to avoidance, relocation, or replacement of the monitoring station.

The Energy Policy Act of 2005 requires FERC to coordinate and consult with the 

Department of Defense (DOD) on the siting, construction, expansion, and operation of 

LNG terminals that would affect the military.234 On March 1, 2017, the Commission 

received a letter from the DOD stating that results of an informal review indicated that 

the project may potentially affect military operations conducted in the project area. 

Specifically, the installation of Long Range Discrimination Radar at Clear Air Force 

Station (AFS) could result in the development of Special Use Airspace necessary for 

radar operation that would overlap or occur within about 0.25 mile of the Mainline 

Facilities, including a Mainline Valve and associated helipad. At Clear AFS’s request, 

AGDC will coordinate with personnel to minimize impacts on Clear AFS during 

construction and operation and relocate the Mainline Valve and helipad. To ensure these 

facilities would be appropriately located, Environmental Condition 29 requires AGDC to 

develop a relocation plan in coordination with Clear AFS representatives.235

234 Pub. L. 109-58, 119 Stat. 594.

235 Clear AFS and the Federal Aviation Administration are preparing an EIS to 

inform a decision on the design of additional Special Use Airspace necessary for the 

operation of Long Range Discrimination Radar. One tier of the proposed airspace would 

restrict flight activity from 400 feet up to 1,000 feet above ground level, within 0.25 mile 

of the construction footprint for the Mainline Facilities near MP 493.5. A second tier 
Docket No. CP17-178-000 - 57 -

We also consulted with DOD regarding the potential for impacts on U.S. Air 

Force radar operations in the Anchorage vicinity during project operation due to tall 

structures at the Liquefaction Facilities. The DOD indicated it had conducted a review 

based on a hypothetical structure height of 420 feet above ground level (513 feet above 

mean sea level) at its highest point. Based on that review, the DOD provided a letter on

March 10, 2020, stating that DOD determined that the project would not adversely affect 

DOD missions within the Anchorage area.236

AGDC identified known sites within or near the project area where contaminated 

media could be disturbed. To reduce impacts at or from these sites, AGDC would, 

among other things, consult with agencies and landowners to identify the contaminants, 

adhere to applicable land use and institutional controls, restore drainage patterns to 

minimize erosion, install ditch plugs, and implement a Groundwater Monitoring Plan in 

areas where dewatering would occur near contaminated sites. Additionally, the Project 

Unanticipated Contamination Discovery Plan identifies measures to be implemented if 

construction disturbs previously unidentified contaminants in soil or groundwater.

With implementation of the measures described above, AGDC’s commitments, 

and the Environmental Recommendations, the final EIS concludes that most impacts on 

land use, recreation, special interest areas, and hazardous waste sites would be minor. 

10. Visual Resources

AGDC identified 91 key observation points where project facilities could be 

visible from visually sensitive resources or landscapes. Of these, AGDC has prepared 

pre-and post-construction simulations for 33 key observation points. AGDC determined 

that visual simulations of the other key observation points were not necessary based on 

the anticipated scope of the visual impacts, the expected extent of the visibility of the 

project, and/or the availability of other key observation points with more representative 

views in the area. 

Construction would have high impacts on 11 key observation points evaluated 

and project operations would have high impacts on 9 key observation points. AGDC 

would implement mitigation measures including minimizing vegetation clearing, 

adhering to the Project Lighting Plan, and using fencing to screen workspaces. 

The NPS filed comments regarding visual impacts in the Denali National Park. 

Generally, construction and operation would have low to moderate impacts on key 

would overlay the project footprint from about MPs 486 to 498 and would restrict flight 

activity from 1,000 feet up to 33,000 feet above ground level. See final EIS at 4-716.

236 eLibrary Accession number 20200310-3022.
Docket No. CP17-178-000 - 58 -

observation points in the Denali National Park, due in part to the project’s position in the 

landscape; the Mainline Pipeline right-of-way would be parallel to and near the Parks 

Highway where topography, screening vegetation, and the highway would limit the 

contrast generated by the project. The one high impact, which would occur at the trail 

leading to the Nenana River pedestrian bridge north of the Denali National Park entrance, 

would potentially be significant, although the site has low scenic inventory value and the 

impact rating would drop to moderate following construction. Construction during the 

summer months could produce particulate matter and dust visible to Denali National Park

visitors, but impacts would be minimized through implementation of the Project Fugitive 

Dust Control Plan.

BLM filed comments requesting that AGDC not introduce new vegetation that 

contrasts with existing conditions in areas where minimal or no vegetation currently 

exists. BLM also requested that mitigation measures should seek to blend in with the 

surrounding landscape and that all permanent structures be painted a camouflaging color. 

AGDC will address these BLM provisions during the permitting and right-of-way 

process with the BLM.

Impacts on visual resources at project facilities due to artificial lighting would be 

reduced through implementation of the Project Lighting Plan. NPS commented that 

outdoor lighting at the Healy Compressor Station, which could be visible from portions 

of the Denali National Park, should follow International Dark-Sky Association 

Guidelines and have a color temperature of 3,000 Kelvins or less. AGDC would file a 

site-specific lighting plan for the Healy Compressor Station conforming to these 

guidelines or provide justification for why it cannot.237

With implementation of the Project Lighting Plan and other measures described 

above,238 the final EIS concludes that the project’s effects on visual resources would not 

be significant.

11. Socioeconomics

The final EIS examines an area of interest for the project’s potential

socioeconomic impacts, including the North Slope Borough, Yukon-Koyukuk Census 

Area, Fairbanks North Star Borough, Denali Borough, Matanuska-Susitna Borough, 

Kenai Peninsula Borough, and Anchorage. Within those areas, cities or censusdesignated places within 10 miles of the Mainline Facilities or 50 miles of the Prudhoe 

Bay Treatment Plant or Liquefaction Facilities were included as potentially affected 

communities. The area of interest for the project is predominantly rural and sparsely 

237 Id. at 4-617.

238 See list of mitigation measures listed in Table 4.10.2-2.
Docket No. CP17-178-000 - 59 -

populated except for the areas in and around Anchorage and Fairbanks. The total 

population of all communities in the area of interest was about 574,865 residents in 2017, 

representing nearly 77 percent of Alaska’s population. Anchorage is the largest city in 

Alaska, with a population of 298,225 residents in 2017, which accounts for over half of 

the areas of interest population. Fairbanks, with a population of 31,853 residents in 2017, 

is the second largest city in Alaska. The population of the area of interest, minus 

Anchorage and Fairbanks, was 244,787 residents in 2017.239 Project construction would

increase the population in the area of interest due to worker influx, but this impact would 

generally only last the length of construction (8 years). During project operation, 

population increases due to direct project hires would be relatively small but indirect and 

induced population growth in the Kenai Peninsula, particularly in communities around 

the LNG facilities, could increase by an estimated 3.5 percent over 2017 levels.240

In addition to increased employment, construction would result in state-wide 

economic benefits from worker spending and purchases of materials, supplies and 

services. Several comments asked about cost-of-living increases, particularly in remote 

areas. While inflation is possible, impacts would be mitigated by use of closed 

construction camps and supply procurement from major centers rather than local sources. 

Other commenters raised hiring practices for Alaska residents. Although a large 

percentage of the project workforce would be from out of state, Alaska Department of 

Labor and Workforce Development’s Alaska LNG Project Gasline Workforce Plan 

released in April 2018 identifies anticipated workforce needs to construct and operate the 

project and provides recommendations for training programs throughout the state, policy 

recommendations, and suggestions to maximize “Alaskans First” hiring practices on the 

project.241 The plan also includes goals to increase workforce diversity through outreach 

and training programs.

242

Project construction could temporarily affect commercial fisheries, especially in 

Cook Inlet by impeding access to fishing areas, increasing vessel traffic, or damaging 

gear. Impacts would likely be minor, but to further reduce impacts, AGDC would 

develop a Project Recreational and Commercial Fishing Construction and Mitigation 

Plan, coordinate its activities with industry sources, and notify commercial fishing 

operations prior to starting construction. Additionally, AGDC would work with set239 Final EIS at 4-464. Alaska’s population is projected to reach 746,582 in 2020.

240 Id. at 4-627 through 4-628.

241 Id. at 4-639.

242 To the extent issues arise regarding hiring practices, this is a matter outside of 

the Commission’s jurisdiction. See NAACP v. FPC, 425 U.S. 662 (1976).
Docket No. CP17-178-000 - 60 -

netters and the Alaska Department of Fish and Game to estimate measurable loss of 

harvest and provide compensation. 

The project would permanently affect taxes collected and revenue generated by 

state and local governments and likely result in an increase in government expenditures. 

During construction, state and local government revenues generated from taxes would 

increase due to materials purchases, payroll expenditures, and property and other taxes. 

The method used by the Department of Revenue to value the project as a whole and to 

divide the value to different communities along the project would affect property tax

revenue received by individual local governments. Revenues from other location-specific 

special use taxes such as taxis, rental car, motor fuel, and utility taxes would also be 

expected to increase as construction workers and others move into the region. Project 

operation would result in the state receiving additional production taxes, royalties paid in 

kind, and other taxes, including business and corporate taxes.243

Alaska Native commenters raised concern that the increase in population could 

result in a temporary increase in antisocial behavior, including crimes against persons and

property. AGDC’s Health Impact Assessment noted that the presence of work camps and 

outside workers have the potential to exacerbate existing health and social problems.244 

During construction, work camps would be self-contained and AGDC would employ

private security. Camp security staff would be responsible for tracking, sorting, and 

implementing daily transits to and from the camps during rotations, demobilizations, and 

mobilizations; and for securing the camp perimeter from unauthorized entry or exit.245

Since construction camps would use private security and have no direct impact on 

the population size of nearby communities, the direct impact on local police and fire 

services would be minor in communities with high levels of law enforcement, such as 

Anchorage.

246 However, in communities where construction workers may live outside of 

construction camps such as Kenai in which has limited public resources, community 

services may be adversely affected. Prior to initial site preparation, Environmental 

243 Id. at 4-651. The State of Alaska requires at least 25 percent of all mineral 

lease rentals, royalties, royalty sale proceeds, and federal mineral revenue sharing 

payments and bonuses received by the State to be placed in the Alaska Permanent Fund

(Alaska Permanent Fund Corporation, 2020). Therefore, a portion of royalties resulting 

from the project could benefit the Alaska Permanent Fund.

244 Id. at 4-665. See Appendix V, Health Impact Assessment.

245 Id. at 4-665.

246 Id.
Docket No. CP17-178-000 - 61 -

Condition 48 requires AGDC to file a Cost-Sharing Plan identifying the mechanisms for 

funding all project-specific security/emergency management costs that would be incurred 

by state and local agencies, including funding mechanisms for the capital costs associated 

with any necessary security/emergency management equipment and personnel base, 

which could be satisfied with overall Payment in Lieu of taxes payments. This would 

alleviate possible public resource shortages proximal to the Liquefaction Facilities.

Executive Order 12898, Federal Actions to Address Environmental Justice in 

Minority Populations and Low-Income Populations, requires specified federal agencies to 

consider if impacts on human health or the environment (including social and economic 

aspects) would be disproportionately high and adverse for minority and low-income 

populations and appreciably exceed impacts on the general population or other 

comparison group.247 The Commission is not one of the specified agencies and the 

provisions of Executive Order 12898 are not binding on this Commission. Nonetheless, 

in accordance with our usual practice, the final EIS addresses this issue.248

A minority population exists when a community’s population is over 50 percent 

minority or if its minority population is meaningfully greater than the percentage in the 

general population or other comparison group. The State of Alaska (33 percent minority) 

was used as the comparison group. For the purposes of this analysis, “meaningfully 

greater” is assumed to be equal to or greater than 1.2 times the State of Alaska minority 

population, which equates to a minority population of 40 percent or higher.249 A lowincome population exists when a community’s population is over 50 percent low-income

or when the low-income population percentage of the community exceeds that of the 

general population or other comparison group which, for the purposes of this analysis, is 

the State of Alaska. In the State of Alaska, 10.1 percent of the population is at or below 

the poverty level.250 Based on these criteria, the final EIS identified 15 U.S. Census 

block groups that are crossed by the project and are environmental justice 

communities.

251

247 Executive Order No. 12898 (Feb. 11, 1994), reprinted at 59 Fed. Reg. 7629

(Feb. 16,1994).

248 Final EIS at 4-664 through 4-674.

249 Id. at 4-676.

250 Id.

251 Id. at 4-678. Census tracts and block groups are identified at 4.11.8-3.
Docket No. CP17-178-000 - 62 -

Executive Order 12898 also calls for consideration of populations that rely on 

subsistence consumption of fish and wildlife for a principal portion of their diet. Where 

an agency action may affect fish, vegetation, or wildlife, subsistence patterns of 

consumption, the analysis should address the potential for disproportionately high and

adverse impacts on minority and low-income populations. Subsistence activities were 

found to occur within 29 communities in the area of interest; of these communities, six 

U.S. Census block groups also qualify as environmental justice populations.

252

The final EIS states that project construction and operational impacts that could 

have the potential to disproportionately affect environmental justice populations include 

traffic delays and new traffic patterns, visual effects from nighttime lighting or changes to 

the existing viewshed; interference with subsistence activities or habitats; potential 

changes to residential property values; and health impacts.253 As discussed herein, 

however, the final EIS concludes that project-related traffic would be temporary and not 

result in significant impacts and that the project would not have a significant effect on 

visual resources. Likewise, while the long-term and permanent effects of the project 

could disproportionately affect some environmental justice communities by altering 

caribou migration patterns and providing additional access in undeveloped areas to nonlocal hunters, these impacts are not expected to be high and adverse.254 Similarly, the 

final EIS finds that residential property values would not be expected to be negatively 

affected by the project facilities.255

Finally, based on AGDC’s Health Impact Assessment, and staff’s environmental 

justice analysis, staff determined that while the impacts from construction on infectious 

diseases would be temporarily high and adverse, these impacts would not 

disproportionately affect environmental justice populations. During construction, nearly 

all construction workers would be housed in closed worker camps and transported to and 

from the right-of-way. This would reduce many of the potential negative impacts 

associated with interaction with rural, isolated populations. Even so, the Health Impact 

Assessment concludes that construction would have a medium adverse effect on the social 

determinates of health, which could disproportionately affect environmental justice 

populations due to anxiety and depression associated with potential impacts on 

subsistence. Permanent health impacts would be unlikely to have disproportionately high 

and adverse impacts on environmental justice populations. Nevertheless, we expect that 

252 Id. at 4- 678 through 4-679. Census tracts and block groups are identified at 

Table 4.11.8-1.

253 Id. at 4-679.

254 Id. at 4-683.

255 Id.
Docket No. CP17-178-000 - 63 -

AGDC would work closely with local and federal health authorities to ensure that public 

health is adequately protected. Therefore, although the project has the potential to 

disproportionately impact environmental justice communities, the final EIS concludes 

that the impact would not be high or adverse.

The final EIS concludes that with the implementation of the measures described 

above, AGDC’s commitments, and staff’s recommendations, adverse impacts on 

socioeconomic conditions due to project construction and operation would not be 

significant. Positive impacts on state and local economies in most areas would be 

temporary but high during construction, and minor during operation.256

12. Transportation

The project would affect vehicular, rail, marine, and air traffic due to the

movement of construction materials, personnel, and supplies. Construction impacts would 

include increased traffic volumes and increases in congestion and traffic delays, along 

with corresponding increases in traffic safety risks. Impacts during construction are 

expected across, or adjacent to, roads and rail lines. Operational impacts would be 

primarily related to LNG carrier activities at the Liquefaction Facilities.

Construction of the Mainline Facilities would require the use of 649 access roads 

to link work areas to the major highways. Of that total, 132 existing roads would be used 

as-is, 28 existing roads would require upgrades such as widening or addition of gravel, 

and 489 new access roads would be built. The Liquefaction Facilities would be accessed 

directly from the Kenai Spur Highway.257

To minimize impacts on public roads and highways, AGDC would, prior to

issuance of a state Right-of-Way Grant for lands associated with the project, enter into a

Highway Use Agreement with the Alaska Department of Transportation and Public 

Facilities (Alaska DOT).

258 AGDC’s Traffic Mitigation Plan sets forth measures to reduce

impacts from construction traffic, lane closures, and open-cut crossings. This plan would

256 Id.

257 Construction of the proposed Liquefaction Facilities would require relocating 

about 1.3 miles of the existing Kenai Spur Highway, which connects the Sterling 

Highway (Alaska Highway 1) to a port facility at the north end of Nikishka Beach Road. 

EIS at 4-1163.

258 Id. at 4-705.
Docket No. CP17-178-000 - 64 -

be reviewed and approved by the Alaska DOT prior to the issuance of road construction 

permits.

AGDC would use the Alaska Railroad and rail spurs to transport fuel, pipe, 

equipment and other materials to the project area. Rail car demand would exceed 

available capacity, but AGDC would implement long-lead contracting to allow the 

Alaska Railroad to procure additional cars.259 Congestion along the rail line could occur 

during the summer season when passenger trains for tourists are present. To avoid 

impacts on passenger and tourist rail use, AGDC would implement mitigation measures, 

including conducting some freight movements at night.260

Most of the equipment and material used for project construction would be 

shipped to Alaska on oceangoing vessels. No single port has the current capacity to 

receive the volume of cargo required for project construction; AGDC would use multiple 

existing ports and construct a Marine Terminal Offloading Facility at Nikiski and a 

Mainline Material Offloading Facility near the existing Beluga Landing.261

Equipment deliveries during construction would increase vessel traffic in 

navigation channels, resulting in temporary but minor to moderate impacts on other 

vessels. Construction in Cook Inlet would also affect navigation, but AGDC would 

coordinate its activities with the Coast Guard, commercial vessels, and other users to 

reduce impacts.262 The Coast Guard has reviewed the project pursuant to its Navigation 

and Vessel Inspection Circular 01-2011 and determined that Cook Inlet is suitable for 

accommodating project LNG carrier activity.

263

Air transportation would be used for the movement of workers, supplies, and 

equipment destined for remote areas of Alaska because of the long distances between 

cities and the limited highway and railroad infrastructure. Most air travel would be 

associated with worker movements during scheduled rotation periods. The project would 

use Anchorage International, Fairbanks International, Kenai Municipal, and Deadhorse 

Airports as regional hub airports for the transportation of project personnel, resulting in 

moderate impacts during construction, including flight delays and higher demand for

259 Id. at 4-707.

260 Id.

261 Id.

262 Id. at 4-714.

263 Id. at 4-715.
Docket No. CP17-178-000 - 65 -

flights.

264 The City of Kenai noted that increased security screening and/or airfield 

improvements may be needed to accommodate additional flights. AGDC would consult 

with Kenai Municipal Airport representatives to identify solutions to accommodate the 

additional volume.

265

The final EIS concludes that with implementation of the measures set forth above, 

adverse impacts on transportation resources from project construction and operation 

would not be significant.266

13. Cultural Resources

Section 106 of the National Historic Preservation Act and its implementing 

regulations require agencies to undertake a “reasonable and good faith effort” to identify 

historic properties within a project’s “area of potential effects” that may be affected by 

their undertakings, and afford the Advisory Council on Historic Preservation (ACHP) a 

reasonable opportunity to comment on the undertaking.267

Project construction and operation could potentially affect historic properties, such 

as cultural resources either listed or eligible for listing in the National Register of Historic 

Places. These historic properties could include prehistoric or historic archaeological 

sites, districts, buildings, structures, or objects, as well as locations with traditional value 

to federally recognized tribes, Alaska Native Claims Settlement Act village and regional 

corporations, or other groups.

AGDC conducted research, consulted with state and federal agencies, and 

performed field surveys, which are not yet completed, to identify archaeological and 

architectural resources in the construction footprint of the project. AGDC identified the 

archaeological area of potential effects for direct effects as the rights-of-way for 

construction of the: Point Thomson Unit Gas Transmission Line; Prudhoe Bay Unit Gas 

Transmission Line; Mainline Pipeline; footprint of off-corridor facilities, additional 

temporary work spaces, permanent and temporary access roads, and the Prudhoe Bay 

Treatment Plant and Liquefaction Facilities, including submerged lands in the Beaufort 

264 Id. 

265 Id. at 4-717.

266 Id. at 4-718,

267 54 U.S.C. § 306108 (Pub. L. No. 113-287, 128 Stat. 3227, Dec. 19, 2014); 36 

C.F.R. pt. 800 (2019).
Docket No. CP17-178-000 - 66 -

Sea and Cook Inlet.268 AGDC identified an indirect area of potential effects as a onemile buffer around all project components.

269

Field surveys to date identified 52 sites that are listed or eligible for listing in the 

National Register of Historic Places, including various segments of roads and trails, the 

Rosebud Knob Archaeological District, and the Gallagher Flint Station National Historic 

Landmark.270 The Alaska State Historic Preservation Office (SHPO) concurs with these 

eligibility determinations. AGDC submitted 22 reports to the Commission, the Alaska

SHPO, the BLM, and/or the NPS that provided the results of the archaeological studies 

conducted between 2013 and 2019, including site evaluations on BLM lands, an 

assessment of submerged resources in Cook Inlet, and a survey of NPS lands.271 AGDC

would survey the remaining Mainline Pipeline route, including the portion of the route on 

NPS lands, and ancillary facilities for archaeological and aboveground historic 

architectural resources, and submit the results of these surveys to the appropriate agencies 

in future survey reports.

Commission staff consulted with Indian tribes and Alaska Native regional 

corporations that may attach religious or cultural significance to sites in the region or may 

be interested in potential impacts from the project on cultural resources. In response to 

notifications to 38 federally recognized tribes,272 the Chickaloon Native Village, the Knik 

Tribe, and the Native Village of Tyonek responded. In a letter dated November 25, 2015, 

the Chickaloon Village Traditional Council expressed its interest in participating in the 

section 106 process. Because most of the Alaska Stand Alone Pipeline273 routing is 

268 Id. at 4-719.

269 Id.

270 Id. at 5-40.

271 Id.

272 Id. at 4-727. The 38 tribes are identified in Table 4.13.2-1.

273 The Alaska Stand Alone Pipeline was intended by the Alaska State Legislature 

to address in-state gas needs as the primary project objective (Alaska Statute [AS] 

31.25.005). Under the Alaska Stand Alone Pipeline Project, AGDC proposed to 

construct a 733-mile-long, 36-inch-wide natural gas pipeline from the North Slope to an 

existing natural gas distribution system (ENSTAR Natural Gas Company), which serves 

the south central region of the state. The Alaska Stand Alone Project does not involve 

the export of natural gas outside of Alaska and AGDC has stated that the project will not 

be required if the Alaska LNG Project proceeds. On March 4, 2019, the COE and BLM 
Docket No. CP17-178-000 - 67 -

similar to the alignment proposed for the project, the Chickaloon Village Traditional 

Council requested that staff review all available data regarding that route, to help inform 

its analysis of the AGDC project. This data was incorporated into the review of the 

project, as requested.274

Staff met with nine tribes, as well as the Cook Inlet Regions Inc., an Alaska Native

regional corporation of which Cook Inlet tribes are shareholders. In addition to staff’s

contacts with the tribes, AGDC sent project introduction letters to 19 tribes to provide 

them an opportunity to identify any concerns related to properties of traditional religious 

or cultural significance that could be affected by the project.275 Of the 19 tribes, only the 

Ninilchik Traditional Council and the Village of Salamatof did not request further 

consultation.

AGDC developed procedures to be used in the event that any unanticipated 

historic properties or human remains are encountered during construction and provided 

the Project Plan for Unanticipated Discovery of Cultural Resources and Human Remains

to the Commission, the Alaska SHPO, and BLM. The plan includes procedures for 

notifying consulting and interested parties, including Alaska Native tribes, in the event of 

any discovery.276

As noted above, AGDC has not completed cultural resources surveys and/or 

National Register of Historic Places evaluations. Consistent with Under the 

Commission’s responsibilities under the National Historic Preservation Act and its 

implementing regulations, on March 25, 2020, staff circulated for comment a draft 

Programmatic Agreement with the ACHP, Alaska SHPO, BLM, NPS, Indian tribes, and 

AGDC, to outline the process for identifying historic properties and measures that will be 

taken to resolve adverse effects on historic properties that cannot be avoided.277 The EIS

recommends, and Environmental Condition 30 requires that AGDC shall not start project 

construction until all outstanding archaeological and architectural surveys are complete; 

issued a joint Record of Decision for the Alaska Stand Alone Project. See Final EIS at 1-

18.

274 Id.

275 Id. at 4-732.

276Id. at 4-732. To date, AGDC has not filed SHPO or BLM Comments on the

plan.

277 Should a required signatory terminate consultation, the Programmatic 

Agreement will not go into effect and compliance with section 106 will proceed pursuant 

to 36 C.F.R. pt. 800, Subpart B (2019).
Docket No. CP17-178-000 - 68 -

survey and evaluation reports and treatment or avoidance plans, if required, have been 

prepared and reviewed by the appropriate agencies, the ACHP is provided an opportunity 

to comment if historic properties would be adversely affected, and the Commission 

provides written notice to proceed.

14. Subsistence

The customary and traditional use of wildlife resources has been important to 

Alaska Native communities for millennia. As described in the final EIS, Alaska Natives 

have a long relationship and connection with the land and water resources within their 

traditional territories. The land and all it provides are considered essential to Alaska 

Native economic and cultural identity and continuity. The traditional use of land and the 

resources it provides in support of life are commonly referred to as subsistence. The 

project’s potential to affect subsistence resources and users has been a concern explicitly 

expressed by Alaska Natives, federal and state resource agencies, and many others in 

scoping meetings, government-to-government meetings, and letters to the Commission.

The final EIS evaluates potential impacts on subsistence resources and activities 

for 33 communities that live or harvest within 30 miles of the project.278 The final EIS 

considers how changes in resource availability, cost and effort of harvest, access to and 

competition for resources, and harvest rates due to project construction and operation 

would or could affect the subsistence practices of each community.279

The final EIS finds that the project would have the potential for both adverse and 

beneficial effects on subsistence resources and users. Potential beneficial effects would 

include improved or new access routes to traditional harvest areas.280 In some locations, 

vegetation conversion would create new forage for moose. Potential adverse effects on 

subsistence as discussed above would include reductions in subsistence resource 

abundance and availability, restrictions in access to traditional use areas, and increased 

competition for subsistence resources from rural and non-local harvesters. The nature of 

potential effects would vary by community and geographic region.

281

278 Table 4.14.1-1 lists the subsistence regions and study communities; Table 

4.14.1-2 lists subsistence study communities associated with the project.

279 The evaluation was informed by the analyses of impacts on wildlife, fish, and 

vegetation, as discussed above, and addressed in detail in the final EIS at sections 4.5 

through 4.8, and socioeconomic conditions as discussed in section 4.11.

280 Final EIS at 4-749.

281 Id. at 4-749 – 4-750.
Docket No. CP17-178-000 - 69 -

In general, habitat loss would occur in the Mainline Pipeline construction right-ofway (and continue into project operation) at permanent operational facilities; and at 

facilities supporting construction, including material extraction sites and temporary 

access roads. Construction activities would affect animal behavior by temporarily

disturbing or displacing wildlife, fish, and marine life or obstructing their movement.

Mainline Pipeline construction would increase external competition for subsistence 

resources from non-locals, including from project employees. Access roads also would 

offer new access routes for animal predators, resulting in increased pressure on 

subsistence resources. Competition for subsistence resources would continue during 

operation. Each of these general impacts could adversely affect individual or community 

harvest rates.

While the final EIS concludes that project construction and operation would result 

in a variety of impacts on subsistence users, it notes that the magnitude, if not the duration,

of the impact is difficult to define, primarily due to the complexity of predicting the 

numerous interactions between human behavior and physical resources, both of which 

would be affected.282 

To reduce impacts on subsistence communities and uses, AGDC has committed to 

the following: coordinate with local communities, including tribal councils, to identify 

locations and times where subsistence activities could occur, and modify schedules to 

minimize work to the extent practicable, particularly work that could reduce resource 

availability or user access, such as blasting or trenching; employ community 

representatives to alert project representatives about planned subsistence activities or key 

places to avoid; station all project employees and temporary workers at construction 

camps, and prohibit hunting, fishing, and gathering activities by those workers; avoid and 

minimize impacts on subsistence whaling and marine mammal hunting by coordinating 

with individual whaling associations; require mandatory subsistence training for the 

project employees; and establish a Local Subsistence Implementation Committee 

comprising project personnel, local subsistence representatives, and appropriate agency 

personnel.283 

Additionally, prior to construction, AGDC would file with the Commission, for 

the review and written approval, the Project Local Subsistence Implementation Plan and 

a signed Conflict Avoidance Agreement prepared in coordination with NMFS and the 

Alaskan Eskimo Whaling Commission.

284

282 Id. at 4-750.

283 Id. 

284 Id. at 4-751. In addition to the subsistence review in the in final EIS, BLM 
Docket No. CP17-178-000 - 70 -

Earthjustice asserts that it was inappropriate for the draft EIS to rely on potential 

mitigation measures to address subsistence impacts, claiming that the draft EIS only 

states AGDC has committed to implement the measures described which, Earthjustice 

claims, are not enforceable.285 We disagree. Environmental Condition 1 requires AGDC

to “follow the construction procedures and mitigation measures described in its 

application and supplement ...and as identified in the EIS...” The mitigation 

commitments by AGDC are both part of the supplemental record for the project and are 

described in the final EIS, including Appendix X, which sets forth the mitigation 

measures recommended in the draft EIS to which AGDC has committed, including 

measures to mitigate subsistence impacts.

The final EIS concludes that, while the project would result in impacts on 

subsistence resources and activities, the impacts would not be significant with the 

implementation of the measures described above.

15. Air Quality and Greenhouse Gas Emissions

Emissions from vehicles and equipment, marine and air traffic, waste incinerators, 

open burning, and fugitive dust would affect air quality during project construction. 

AGDC would implement various measures to reduce construction emissions, including 

use of gasoline limited to 10-parts per million (ppm) sulfur, and onshore diesel limited to 

15-ppm sulfur, use of electric generators in compliance with New Source Performance 

Standards (NSPS) Subpart III, and use of rock crushers equipped with wet dust 

suppression controls.

286 AGDC would also implement its Open Burning Plan and 

Fugitive Dust Control Plan, which would be used to manage open burning activities to 

ensure that emissions generated during open burning do not create a health hazard or 

public nuisance.

287 Additionally, AGDC would obtain air permits from ADEC for these 

equipment units/activities prior to installation. Both the waste incinerator and the 

prepared a subsistence analysis on behalf of the Department of Interior to fulfill the 

departmental requirements pursuant to section 810 of the Alaska National Interest Lands 

Conservation Act (ANILCA). Section 810(a) of the Alaska National Interest Lands 

Conservation Act, 16 United States Code (USC) 3120(a), requires that an evaluation of 

subsistence uses and needs be completed for any federal determination to “withdraw, 

reserve, lease, or otherwise permit the use, occupancy, or disposition of public lands.” 

This analysis is attached as Appendix U to the final EIS.

285 Earthjustice October 3, 2019 Comments at 22.

286 Id. at 4-932.

287 Id. at 4-668.
Docket No. CP17-178-000 - 71 -

stationary generators at construction camps would also require Title V operating permits, 

which AGDC would obtain based on the timing specified within the construction permits 

to be issued by ADEC.288

A General Conformity applicability analysis is required for any part of a project 

occurring in nonattainment or maintenance areas for criteria pollutants. None of the 

direct project emissions would occur within a nonattainment or maintenance area.289 The 

project would generate a small amount of indirect emissions within the Fairbanks 

particulate matter with an aerodynamic diameter less than or equal to 2.5 microns (PM2.5) 

Nonattainment Area, the Fairbanks Area carbon monoxide (CO) Maintenance Area, the 

Anchorage CO Maintenance Area, and the Eagle River particulate matter with an 

aerodynamic diameter less than or equal to 10 microns (PM10) Maintenance Area from 

construction support and equipment transportation.290 The maximum annual emissions 

generated by the project in these areas would not exceed General Conformity 

applicability thresholds, therefore, a General Conformity Analysis is not required.291

Based on AGDC’s analysis of predicted air emissions, the final EIS concludes that 

construction of the Prudhoe Bay Treatment Plant, Point Thomson Unit Gas Transmission 

Line, Prudhoe Bay Unit Gas Transmission Line, and Mainline Facilities would have 

temporary, minor impacts on air quality. Construction of the Liquefaction Facilities 

would have temporary, moderate impacts on air quality, but would contribute to 

significant impacts during construction Years 7 and 8 when combined withoperational 

emissions, as discussed below.292

Operation of the Prudhoe Bay Treatment Plant, Mainline compressor stations and

heater station, and Liquefaction Facilities would result in emissions of criteria pollutants,

GHG emissions, and hazardous air pollutants (HAP). Fugitive air emissions would also 

be generated by operation of the Point Thomson Unit Gas Transmission Line, Prudhoe 

Bay Unit Gas Transmission Line, and Mainline Facilities, but the resulting impacts on air

quality would be minor and limited to the area near the pipeline systems.

The Prudhoe Bay Treatment Plant would not cause or contribute to an exceedance

of the National Ambient Air Quality Standards (NAAQS)/Alaska Ambient Air Quality 

288 Id.

289 Id. at 4-928.

290 Id. at 4-929.

291 Id.

292 Id. at 4-974.
Docket No. CP17-178-000 - 72 -

Standards (AAAQS) for any criteria pollutant or exceed Prevention of Significant 

Deterioration (PSD) incremental thresholds. Similarly, Prudhoe Bay Treatment Plant

operation would not cause or contribute to an exceedance of the NAAQS/AAAQS or 

PSD increment thresholds at nearby Class II nationally designated protected areas

(ANWR and Gates of the Arctic National Park and Preserve) but could contribute to

visibility impacts at these sites due to haze or nitrogen deposition. Intermittent activities 

such as flaring could cause short-term impacts on regional haze and deposition. The full 

PSD impact analysis would be completed as part of the Alaska state PSD permitting

process.

The annual emissions for each of the compressor stations and heater station along 

the Mainline Pipeline would be below PSD major source thresholds, though each station

would be a Title V major source and a minor source under ADEC’s Minor New Source 

Review (NSR) program. Operation of the compressor stations and heater station would 

not cause or contribute to an exceedance of the NAAQS/AAAQS for any criteria 

pollutant. An analysis of potential impacts on nearby Class I and II nationally designated 

protected areas found that the Federal Land Manager (FLM)-established visibility 

threshold and sulfur deposition threshold at the ANWR could be exceeded by emissions

from the Galbraith Lake Compressor Station.

293 FLM-established nitrogen deposition

thresholds at multiple Class I and II areas—including ANWR, Gates of the Arctic 

National Park and Preserve, Gates of the Arctic Preserve, Yukon Flats National Wildlife 

Refuge, Kanuti National Wildlife Refuge, Denali National Park, and Kenai National 

Wildlife Refuge—could also be exceeded by operation of the stations.

The Liquefaction Facilities would be a PSD major source for CO, nitrogen oxides

(NOX), volatile organic compounds (VOC), PM10, PM2.5, sulfur dioxide (SO2), and GHGs; 

a Title V major source for CO, NOX, VOC, PM10, and PM2.5; and a major source for 

HAPs. Under normal operating conditions, the Liquefaction Facilities would not cause or 

contribute to an exceedance of the NAAQS/AAAQS for any criteria pollutant or exceed 

PSD incremental thresholds. Additionally, the Liquefaction Facilities would not cause an 

exceedance of the NAAQS/AAAQS or PSD increments for nearby Class I or II 

nationally designated protected areas. Emissions would exceed the threshold for causing 

293 The Federal Land Managers’ Air Quality Related Values Work Group (FLAG) 

document was developed by the US Department of Agriculture Forest Service, NPS, and

FWS. The thresholds established in the FLAG document aren’t specific to Alaska, but 

are screening thresholds that are used as a starting point when completing Air Quality 

Related Values (AQRV) analyses for Class I areas. If the modeled impacts are under the 

screening threshold, then it is considered that project would not result in an impact to 

AQRVs. If it’s above the screening thresholds, then coordination with the FLM is used 

to evaluate the impact and determine if additional mitigation is needed.
Docket No. CP17-178-000 - 73 -

visibility impairment in the Denali National Park and for contributing to visibility 

impairment in Tuxedni National Wildlife Refuge, Kenai Fjords National Park, and Lake 

Clark National Park and Preserve. Emissions could also exceed sulfur and/or nitrogen 

deposition thresholds at the Tuxedni National Wildlife Refuge, Kenai National Wildlife 

Refuge, Lake Clark National Park, and the Denali National Park. Activities such as 

flaring could cause short-term impacts on regional haze.294 The full PSD impact analysis 

would be completed as part of the PSD permitting process.

Based on comments from the NPS and in response to staff’s recommendation in the

draft EIS, AGDC filed revised air dispersion modeling for the project facilities and all air 

emissions sources to identify and disclose impacts on units of the NPS or other federally

protected areas.295 Without mitigation, emissions from the Prudhoe Bay Treatment Plant

and Liquefaction Facilities could have a significant impact on regional haze and acid 

deposition in some Class I and Class II nationally designated areas, including the Denali 

National Park. Additional mitigation measures could be implemented during the ADEC 

air permitting phase that would reduce these impacts.

Although AGDC has not provided a detailed construction and operation schedule,

there is potential for portions of the Liquefaction Facilities to be placed in-service

sequentially while construction is ongoing. Simultaneous construction, startup, and 

operational activities could occur in Years 7 and 8, which would result in overlapping 

emissions in excess of the modeled emissions for operation.296 During these 2 years, 

emissions levels could exceed the NAAQS/AAAQS for PM10 and PM2.5.

297 AGDC would 

implement a Project Ambient Air Quality Monitoring Plan for monitoring PM10 and PM2.5 

emissions during simultaneous construction, startup, and operational activities.298 The 

plan identifies protocols for managing any exceedances of the NAAQS/AAAQS 

observed during monitoring.

We note that Table 4.15.4-1 in the final EIS incorrectly reported the estimated 

construction emissions for the Prudhoe Bay Treatment Plant.299 The correct estimated 

294 Final EIS at 4-964.

295 Id. at 5-43.

296 Id. 4-975.

297 Id. at 4-661.

298 Id. at 4-975.

299 The correct numbers are set forth in Table 4.14.4-1 in the draft EIS, as 

modified in AGDC’s September 18, 2019 filing which updated construction emissions 
Docket No. CP17-178-000 - 74 -

emissions range between 20-43 percent lower than those set forth in the final EIS; 

because these estimated emissions are much lower, the conclusions set forth in the final 

EIS are unchanged. 

Based on the above discussion, the final EIS concludes that adverse impacts on air

quality due to normal project operation would generally be minor to moderate. Emissions 

could exceed nitrogen and sulfur deposition thresholds and visibility thresholds at nearby

Class I and II nationally designated protected areas, but additional mitigation measures

could be implemented during the ADEC air permitting phase that would reduce these 

impacts.300 During the years of simultaneous construction, startup, and operational 

activities at the Liquefaction Facilities, emissions could exceed the NAAQS/AAAQS for

PM10 and PM2.5. As noted above, AGDC would implement an Ambient Air Quality 

Monitoring Plan to ensure air quality standards would not be exceeded. Activities such

asflaring could result in short-term significant effects on air quality.

As noted above, Table 4.15.4-1 in the final EIS incorrectly reported the Prudhoe 

Bay Treatment Plant construction emissions, including carbon dioxide equivalent (CO2e) 

construction emissions. The final EIS reported total construction GHG emissions for the

Prudhoe Bay Treatment Plant as 622,371 metric tons CO2e. The correct total is 364,971 

metric tons CO2e.

301

The final EIS estimates GHG construction emissions (over the total eight years of 

construction) of about 2.2 million metric tons of CO2e. The estimate for annual 

operational GHG emissions is about 9.91 million metric tons of CO2e without maximum 

flare, 302 and about 16.3 million metric tons of CO2e with maximum flare.303

calculations to reflect AGDC’s revised construction schedule. See AGDC Response to 

Recommended Environmental Condition 69, Accession No. 20190918-5098.

300 Id. at 5-43.

301 AGDC September 19, 2019 Response to Recommended Environmental 

Condition 69, Accession No. 20190918-5098.

302 Maximum flare events apply to operation of the Prudhoe Bay Treatment Plant

and Liquefaction Facilities. CO2 and hydrocarbon flares would operate at maximum 

capacity only during emergency events, maintenance, and startup and shutdown events, 

assumed to be 500 hours per year for emission calculation purposes. See final EIS at 

Table 4.15.5-1, fn c.

303 Id. at section 4.15, Tables 4.15.4-1, 4.15.4-2, 4.15.4-3, 4.15.4-4, 4.15.4-5 

(construction emissions by construction year); Tables 4.15.5-1, 4.15.10, 4.15.5-11, 4.15-
Docket No. CP17-178-000 - 75 -

To provide context, we are providing a comparison between the direct operational 

emissions of GHGs of the project to the Alaska and National GHG Inventories. 

Operation of the project will result in a range of about a 30-47 percent increase304 in the 

annual fossil-fuel combustion inventory in Alaska based upon the 2017 GHG fossil fuel

Inventory.305 From a national perspective, direct operational GHG emissions would 

result in a range of 0.17–0.28 percent increase in national GHG emissions.306 Currently, 

there are no national targets to use as benchmarks for comparison.307 Additionally, we 

are unaware of any GHG emission reduction goals established either at the federal level 

or by the State of Alaska. 

The final EIS acknowledges that the quantified GHG emissions from the 

construction and operation of the project would increase the atmospheric concentration of 

GHGsin combination with past and future emissions from all other sources and 

.5-11, 4.15.5-12, 4.15.5-13, 4.15.5-14, 4.15.5-15, 4.15.5-3, and 4.15.5-20 (annual 

operational emissions).

304 The range is based upon normal vs. maximum flaring of the Prudhoe Bay 

Treatment Plant and Liquefaction Facilities. Normal operational result in an 87 percent 

increase, while with both the Prudhoe Bay Treatment Plant and Liquefaction Facilities 

conducting maximum flaring would result in a 101 percent increase. Note the 30-47 

percent increase is due in part to the low levels of current emissions within Alaska. The 

state currently emits only about 0.7 percent of the total U.S. GHG emissions (2016 data) 

and is the 40th highest emitter of the 50 states. 

305 U.S. Energy Information Administration, State Carbon Dioxide Emissions 

Data, State of Alaska grand total data for 2017 (Oct. 23, 2019). Alaska ‘s 2017 fossilfuel derived CO2 inventory was 34.2 million metric tons. ADEC released its 2015 GHG 

Inventory in January 2018, with the 2015 annual inventory (inclusive of sources and 

sinks) of 39.56 million metric tons. A comparison between direct project emissions and 

the Alaska 2015 GHG Inventory shows an increase of between 25 and 41 percent in 

GHG emissions due to project operation. Alaska Greenhouse Gas Emissions Inventory, 

1990 – 2015, ADEC, Division of Air Quality (Jan. 30, 2018).

306 U.S. Environmental Protection Agency, Inventory of U.S. Greenhouse Gas

Emissions and Sinks:1990 - 2018, 2018 Data, Table ES-2 (Apr. 2020).

307 The national emissions reduction targets expressed in the EPA’s Clean Power 

Plan were repealed, Greenhouse Gas Emissions From Existing Electric Utility Generating 

Units; Revisions to Emissions Guidelines Implementing Regulations, 84 Fed. Reg. 

32,520, 32,522-32, 532 (July 8, 2019), and the targets in the Paris climate accord are 

pending withdrawal.
Docket No. CP17-178-000 - 76 -

contribute incrementally to future climate change impacts.308 Without either the ability to 

determine discrete resource impacts or an established target to compare GHG emissions 

against, the final EIS concludes that it cannot determine the significance of the project’s 

contribution to climate change.309 We agree with this finding. As the Commission has 

previously concluded, we have neither the tools nor the expertise to determine whether 

project-related GHG emissions will have a significant impact on climate change and any 

potential resulting effects, such as global warming or sea level rise.310 The Commission 

has also previously concluded it could not determine whether a project’s contribution to 

climate change would be significant.311 

Finally, in addition to the project’s potential effects on climate change, climate

change related impacts (e.g., sea level changes and temperature increases) could affect 

project facilities. AGDC considered the Prudhoe Bay Treatment Plant facility and trestle 

height to account for potential future effects of climate change on the project area, 

including potential sea level changes, coastal erosion near the facility, and temperature

increases.312

16. Noise

Noise from construction of the Mainline Pipeline would last from approximately 6 

to 12 weeks at any point along the route, while noise from construction of aboveground 

facilities would last for months to years at each site. For the Mainline Pipeline, 

directional micro-tunneling crossings are planned for several river crossings; noise due to 

308 Final EIS at 4-1221.

309 Id. at 4-1124.

310 Jordan Cove Energy Project L.P., 170 FERC ¶ 61,202, at P 262 (2020); (citing

Rio Grande LNG, LLC, 170 FERC ¶ 61,046, at P 108 (2020)).

311 Id. See generally Transcontinental Gas Pipe Line Co., LLC, 171 FERC 

¶ 61,032 (2020) (McNamee, Comm’r, concurring at PP 63-74) (elaborating on how the 

Social Cost of Carbon is not a useful tool for determining whether GHG emissions are 

significant and that it is not appropriate for the Commission to establish its own criteria 

for determining the significance of GHG emissions out of whole cloth).

312 Id. at 4-1222. For example, AGDC incorporated the potential effects of climate 

change on the Prudhoe Bay Treatment Plant into the project design, listing Best Available 

Control Technology-level control for GHG emissions at the Prudhoe Bay Treatment 

Plant as operational efficiency measures, such as the use of waste heat recovery units to 

increase efficiency on combustion turbines.
Docket No. CP17-178-000 - 77 -

directional micro-tunneling activities at Noise Sensitive Areas (NSA) within one mile of 

the entry or exit sites at the Yukon, Tanana Chulitna River crossings would be less than 

the recommended sound level of 55 A-weighted decibel (dBA) day-night average sound 

level (Ldn).

313

As noted above, AGDC would incorporate the use of the directional microtunneling continuation methodology for the shoreline crossings at Beluga Landing and 

Suneva Lake, if feasible. If this should occur, the EIS recommends, and Environmental 

Condition 31 requires, that AGDC complete a noise impact analysis for any NSA located 

within one mile of these sites, and provide noise mitigation if the noise estimates for the 

directional micro-tunneling continuation activities are greater than 55 dBa Ldn at any of 

the nearby NSAs.

Noise due to directional micro-tunneling activities has the potential to affect sound 

levels at nearby key observation points, which could affect user experiences at these sites. 

Noise from the directional micro-tunneling crossings of the Yukon and Tanana Rivers 

would be perceptible at nearby key observation points but would not noticea increase

existing sound levels at these sites. Noise from the directional micro-tunneling crossing of

the Chulitna River would be perceptible at key observation points O and P (i.e., the Upper 

and Lower Troublesome Creek Trailheads, respectively), and would likely increase 

existing sound levels at these sites. No key observation points are present near the 

proposed directional micro-tunneling crossings of the Middle Fork Koyukuk and Deshka

Rivers.

NSAs are present within one mile of the Coldfoot and Healy Compressor Stations 

and the Liquefaction Facilities. Noise due to construction of the Coldfoot Compressor

Station would be perceptible at the nearest NSA, but within the recommended sound level 

of 55 dBA Ldn. Noise due to construction of the Healy Compressor Station would be

perceptible at the nearest NSA and exceed our recommended sound level during the day, 

313 Final EIS at 4-977. In 1974, the EPA published Information on Levels of 

Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate 

Margin on Safety, which evaluated the effects of environmental noise with respect to 

health and safety. As set forth in this publication, the EPA determined that noise levels 

should not exceed an Ldn of 55 dBA, which is the level that protects the public from 

activity interference and annoyance with indoor and outdoor activities. The Commission

adopted this criterion for new compression facilities, LNG facilities, and associated 

pipeline facilities, and it is used here to evaluate the potential noise effects from operation 

of the Prudhoe Bay Treatment Plant facilities, compressor stations and the heater 

station associated with the Mainline Pipeline, and Liquefaction Facilities. See 18 C.F.R. 

§ 157.206(b)(5) (2019).
Docket No. CP17-178-000 - 78 -

with Ldn noise levels increasing by 10.0 decibels (dB). Based on comments received 

from the NPS, staff applied the equivalent sound level exceeded 50 percent of the time 

(L50) noise level—used by the NPS for development management policies—in the

analysis of construction noise impacts for the Healy Compressor Station; the L50 daytime

noise levels would increase by 16.6 dB.314 Based on these values, the final EIS concludes

that impacts would be moderate to high during construction at the Healy Compressor

Station.315

Noise due to construction of the Liquefaction Facilities would be perceptible and 

exceed our recommended sound level at three NSAs, with noise levels increasing by 15.7 

to 26.5 dB at these sites. Construction activities at the Liquefaction Facilities would also 

increase noise levels at key observation point 54 (Mt. Redoubt Church) by 24.1 to 26.5 

dBA, which would be clearly noticeable. To minimize impacts, AGDC would file a

Noise Mitigation Plan for the Liquefaction Facilities, including measures to reduce

construction noise by at least 10 dB at affected NSAs, monitoring of noise during 

construction, and procedures for resolving complaints regarding noise.316

Construction of the Mainline Pipeline and aboveground facilities (including the 

development of material extraction sites) would require blasting in areas of shallow 

bedrock or permafrost. Noise impacts on NSAs from these activities would be limited

due to the temporary nature and short duration of blasting.317 Noise from blasting could 

affect subsistence resources in two areas, but impacts would be minimized by restricting 

blasting during sensitive wildlife periods, using blasting mats or pads to reduce noise, and 

monitoring nearby nests and denning sites during blasting.318

Noise from operation of the Coldfoot and Healy Compressor Stations would be

perceptible at the nearest NSAs, but within our recommended sound level of 55 dBA 

Ldn. Noise from operation of the Coldfoot Compressor Station would also be perceptible

at the nearby Arctic Interagency Visitor Center, but within our recommended sound level 

of 55 dBA Ldn.

319 To ensure that noise levels due to operation of the Coldfoot and Healy 

314 Id. at 4-1000.

315 Id. at 5-33.

316 Id. 

317 Id. at 4-494.

318 Id.

319 Id. at 4-999.
Docket No. CP17-178-000 - 79 -

Compressor Stations would comply with the Commission’s sound level requirement, 

AGDC would file a noise survey no later than 60 days after placing each compressor 

station in service. Additionally, the NPS commented that noise levels at the Healy

Compressor Station would need to comply with a standard of 40 dBA Leq at the Denali 

National Park border per the conditions of the Denali National Park Backcountry 

Management Plan.320

Noise due to operation of the Liquefaction Facilities would be within the 

Commission’s recommended sound level of 55 dBA Ldn at nearby NSAs, but the noise 

would be perceptible, with sound intensity doubling at two NSAs.321 Noise from

operation of the Liquefaction Facilities at key observation point 54 (Mt. Redoubt Church)

would be between 47 and 53 dBA Ldn, which is similar to existing background 

conditions at this site. To ensure that noise levels due to operation of the Liquefaction 

Facilities would be below our recommended threshold, AGDC would file noise surveys

no later than 60 days after placing each liquefaction train in service and no later than 60

days after placing the entire Liquefaction Facilities into service.322 If the noise 

attributable to operation of the equipment at the Liquefaction Facilities exceeds an Ldn of 

55 dBA at the nearest NSA under interim or full horsepower load conditions, AGDC 

would file a report on what changes are needed and install the additional noise controls to 

meet the level within 1 year of the in-service date.323

Blowdowns would occur at compressor stations and mainline valves as part of 

normal pipeline safety operations. AGDC would install silencers on blowdown 

equipment at each compressor station to ensure that noise associated with blowdowns 

would be less than 55 dBA Ldn at nearby NSAs.324 Mainline valves with NSAs greater

than one mile from the site would be outfitted with standard vent mufflers, which would

reduce noise from blowdown events at the nearest NSAs to 64 dBA Leq or less. Nighttime 

blowdowns at these sites could result in perceptible noise at NSAs, but this would be 

infrequent and impacts would be temporary.325 AGDC would install increased 

320 Id.

321 Id. at 1011.

322 Id.

323 Id.

324 Id. at 4-1012.

325 Id.
Docket No. CP17-178-000 - 80 -

performance vent silencers at three Mainline Valves (Nos. 27, 28, and 29) where NSAs 

would be within 0.5 mile to reduce the noise from blowdowns at these sites.

Operation of the ground-level and elevated low-pressure flares at the Liquefaction

Facilities would generate noise between 45 and 78 dBA Ldn at durations ranging from 

less than 1 hour to 36 hours. To minimize impacts, AGDC would schedule most flare 

events in coordination with the local community and outside potentially sensitive 

timeframes.326 Because of the intensity and potential duration of these flare events and 

the associated noise levels, AGDC would file a Flare Noise Mitigation Plan that 

addresses mitigation of noise impacts due to flaring, including procedures for contacting 

the local community and scheduling flaring events.327

During project construction and operation, air traffic at regional airports and 

airstrips would increase to transport workers, equipment, and supplies. Additionally, 

48 helipads would be built along the Mainline Pipeline to support construction, 28 of 

which would be retained for operation. The increased air traffic and use of the helipads 

would result in periodic and temporary increases in noise.328 

Most noise impacts during construction would be temporary and minor. 

Construction noise would have a minor to moderate effect on NSAs or key observation 

points. Construction of the Liquefaction Facilities would have a moderate to significant 

effect on noise at NSAs and a key observation points, but AGDC would file a mitigation 

plan to reduce these impacts. Project operation would have permanent impacts on 

ambient noise conditions at aboveground facilities. The direct effects on noise levels in 

the project area would be minor to moderate during normal facility operation, with the 

exception of operational noise associated with the Liquefaction Facilities at the two 

nearest NSAs. AGDC would conduct noise surveys and implement additional controls as 

needed to meet FERC’s noise criteria.

17. Health

AGDC’s Health Impact Assessment relied on the methodology used to rate health 

impacts followed by Alaska Department of Health and Human Services’ guidelines for 

health impact assessments.329 These guidelines evaluate eight health effects categories 

326 Id.

327 Id.

328 Id.

329 Id. at 4-1013.
Docket No. CP17-178-000 - 81 -

(HEC) by assigning potential impacts a rating of low, medium, high, or very high based 

on the potential severity of the impact and the likelihood that an impact would occur.330

Health severity is evaluated using a numeric scale of 1 to 4 based on the duration, extent, 

frequency, and magnitude of the health outcome. The likelihood of the impact is then 

determined according to Alaska Department of Health and Human Services’ likelihood 

scale.

331 Positive impacts as well as adverse impacts are assessed using this 

methodology.

For project construction, the results of the Health Impact Assessment rated one 

HEC as high adverse (infectious diseases); three HECs as medium adverse (social 

determinants of health; accidents and injuries; and food, nutrition, and caribou

subsistence activity); and all other HECs as low adverse.332 For project operation, the 

Health Impact Assessment rated three HECs as medium adverse (social determinants of 

health; accidents and injuries; and infectious disease); and all other HECs as low 

adverse.333 Potential positive effects were also identified, including increased 

employment opportunities and household incomes and future improvements to air quality 

in the Fairbanks area through conversion from other fuels to natural gas. Potential 

mitigation measures identified by AGDC include worker segregation, community 

engagement, implementation of health education programs, and training and safety 

planning.334

18. Reliability and Safety

Multiple federal agencies share regulatory authority over the LNG, pipeline, and 

gas treatment facilities. The safety, security, and reliability of various aspects of the 

project would be regulated singularly or jointly by PHMSA, the Coast Guard,

Transportation Security Administration, Cybersecurity and Infrastructure Security 

330 Id. at 1026.

331 Id.

332 Id.

333 Id.

334 Id. Tables 4.17.3-1 and 4.17.3-2 present summaries, organized according to 

HECs, of the health impacts that AGDC determined could result from project 

construction and operation, respectively. All ratings presented in Tables 4.17.3-1 and 

4.17.3-2 are from AGDC’s Health Impact Assessment. Also included in the tables are the 

recommendations that the Health Impact Assessment provided to mitigate or prevent 

adverse impacts.
Docket No. CP17-178-000 - 82 -

Agency, Occupational Safety and Health Administration (OSHA), EPA, and the 

Commission.

PHMSA establishes and has the authority to enforce safety standards for the 

Liquefaction Facilities, pipelines, and compressors. As noted above, pursuant to the 

MOU between PHMSA and the Commission, on February 4, 2020, PHMSA provided a 

Letter of Determination (LOD) to the Commission indicating that AGDC has 

demonstrated that the siting of the Liquefaction Facilities complies with the federal safety 

standards for siting under 49 C.F.R. Part 193, Subpart B.335 In addition, DOT has issued 

four Special Permits related to 49 C.F.R. Part 192336 requirements for strain-based 

design, multi-layer coating, Mainline Valve spacing, crack arrestor spacing for the 

Mainline Facilities, and one Special Permit to Part 193 requirements for pipe-in-pipe 

technology for the Liquefaction Facilities.

337

The Coast Guard exercises regulatory authority over the safety and security of port 

areas and navigable waterways, including waterfront facilities handling LNG and LNG 

marine vessels.

338 Under the regulations, the Coast Guard issues a Letter of 

Recommendation (LOR) to the Commission on the suitability of the waterway for the 

LNG marine vessel traffic associated with the proposed waterfront facilities handling 

LNG. On August 17, 2017, the Coast Guard issued a LOR concluding that Cook Inlet is 

a suitable waterway for LNG marine traffic.339 On June 23, 2016, the Coast Guard also 

issued a conditional letter approving the use of a cryogenic pipe-in-pipe installation as an 

alternative to conventional containment for the LNG marine transfer piping. 

The final EIS assesses potential impacts to the human environment in terms of 

safety and whether the proposed facilities would operate safely, reliably, and securely. 

335 See 49 C.F.R. pt. 193, Subpart B (2019). If the Alaska LNG Project is 

authorized and constructed, it would be subject to PHMSA’s inspection and enforcement 

program. The final determination of whether the project complies with the requirements 

set forth in these regulations would be made by PHMSA staff.

336 49 C.F.R. pt. 192 (2019).

337 49 C.F.R. pt 193 (2019). See also final EIS at 4-1144.

338 46 C.F.R. pt. 154 (2019).

339 Final EIS at 4-1156. If the project is authorized and constructed, the 

Liquefaction Facilities would be subject to the Coast Guard’s inspection and enforcement 

program to ensure compliance with the requirements of 33 C.F.R. pt. 105 (2019) and 33 

C.F.R. pt. 127 (2019).
Docket No. CP17-178-000 - 83 -

Commission staff conducted a preliminary engineering and technical review of the 

Alaska LNG Project, including potential external impacts based on the site locations.340

Based on this review, the final EIS recommends additional mitigation measures for 

implementation prior to initial site preparation, prior to construction of final design, prior 

to commissioning, prior to introduction of hazardous fluids, prior to commencement of 

service, and throughout the life of the facility, to enhance the reliability and safety of the 

facility. With these measures, the final EIS concludes that acceptable layers of protection 

or safeguards would reduce the risk of a potentially hazardous scenario from developing 

that could impact the off-site public, with the exception of potential incidents from high 

pressure piping at the Prudhoe Bay Treatment Plant described above where staff could 

not make that determination based on the information provided by AGDC.

341 The final 

EIS indicates that the Prudhoe Bay Treatment Plant facilities and these hazards would be 

located within Alaska’s Prudhoe Bay Unit area, which is not accessible to the general

public without an escort, but may extend onto the adjacent Prudhoe Bay Unit Central Gas 

Facility plant and Prudhoe Bay Treatment Plant operator camp site. In addition, the final 

EIS recommends, and Environmental Condition 51 requires, that emergency response 

plans (ERP) for potential large ruptures at the Prudhoe Bay Treatment Plant be 

coordinated with the adjacent Prudhoe Bay Unit Central Gas Facility plant and include 

consideration of impacts on the Prudhoe Bay Treatment Plant operator camp site. In 

addition, the EIS recommends, and Environmental Condition 49 requires, that AGDC provide 

additional information on hazard modeling of incidents from the high pressure piping to 

inform the ERP. These recommendations and all other reliability and safety 

recommendations proposed in the final EIS have been adopted as Environmental 

Conditions 32-164 with clarification on Environmental Conditions 48, 132, 133, and 165 

that they apply to the Liquefaction Facilities and/or Prudhoe Bay Treatment Plant, but not 

the entire Project.

19. Cumulative Impacts

The final EIS assessed the cumulative impacts of the proposed Alaska LNG 

Project with other projects within the same geographic and temporal scope.342 

The types of other projects evaluated in the final EIS include non-jurisdictional 

facilities, as well as energy, transportation, mining, marine and other projects. For 

example, the analysis considered: modifications/new facilities at the Point Thomson Unit; 

modification/new facilities at the Prudhoe Bay Unit Prudhoe Bay Major Gas Sales 

340 Id. at section 4.18.

341 Id. at 5-47.

342 Id. at 4-1158 – 4-1222.
Docket No. CP17-178-000 - 84 -

Project; relocation of the Kenai Spur Highway; upgrades to the City of Kenai water 

system; in-state gas interconnections; and LNG carrier transits to and from the 

Liquefaction Facilities during operation of the Alaska LNG Project.343

The final EIS concludes that cumulative impacts would not be significant for the 

majority of resources where a level of impact could be ascertained, including geology; 

soils; groundwater; surface and marine waters; most vegetation types; terrestrial wildlife; 

aquatic species; threatened, endangered, and special status species; land use, recreation, 

and special use areas; most socioeconomic indicators; transportation; cultural resources; 

air quality; most noise; and public health and safety.344 However, the Alaska LNG

Project would have significant, long-term to permanent impacts on permafrost, wetlands, 

forest, caribou (Central Artic Herds), some noise, and socioeconomics (population), and 

because other projects in the study area would similarly affect these resources, the final 

EIS found that cumulative impacts on these resources would be significant.345

20. Alternatives

The final EIS analyzed a number of alternatives to the project and its various 

components including the no action alternative, system alternatives, LNG terminal site 

alternatives, and pipeline route alternatives and variations.346 As discussed above, under 

the no action alterative, the impacts described in the EIS would not occur, but the purpose 

and need of the project would not be met. 

The Matanuska-Susitna Borough (MSB) requested an evaluation of an alternative 

liquefaction facilities site north of Anchorage near Port MacKenzie on the west bank of 

the Knik Arm in Cook Inlet. The MSB filed numerous comments and provided 

supplemental data supporting the use of the Port MacKenzie alternative. The final EIS 

analyzes the alternative and concludes that the alternative has some advantages, including 

a shorter mainline pipeline length, avoidance of the Cook Inlet pipeline crossing, and 

elimination of the need to relocate the Kenai Spur Highway. However, the project has 

other advantages over the Port MacKenzie Alternative. While both alternatives would 

affect beluga whales during construction of marine facilities, the probability of impacts,

such as vessel strikes during operation of the liquefaction facilities, would be greater with 

the Port MacKenzie Alternative, particularly in the summer months. Operational air 

343 Id. at 4-1159 – 4-1160.

344 Id. at 5-48.

345 Id.

346 Id. at 3-2 – 3-49.
Docket No. CP17-178-000 - 85 -

emissions would be greater for the Port MacKenzie Alternative owing to the increased 

shipping transit distances. Ice conditions in Upper Cook Inlet could hamper the ability to 

deliver the proposed export volumes required to meet the project’s principal commercial 

objective relative to the proposed site at Nikiski. Moreover, the Port MacKenzie 

Alternative would provide for only two of the three delivery points proposed by the 

project.347 The final EIS concludes that, overall, the alternative’s environmental 

advantages are not sufficient to offset operational environmental impacts stemming from 

the increased vessel traffic in Upper Cook Inlet and that the Port Mackenzie Alternative 

would not provide a significant environmental advantage over the proposed Nikiski site.

The City of Valdez filed comments and supplemental data supporting the use of an 

alternative site for the liquefaction facilities, referred to as the Anderson Bay Alternative. 

The alternative site is adjacent to Prince William Sound within the Valdez city limits. 

One advantage of the Anderson Bay Alternative is that the mainline pipeline required to 

reach the Anderson Bay site would lie within or adjacent to the TAPS corridor for all or 

most of its length from Livengood to the TAPS terminal at Valdez. In contrast, only 

about 190 miles (23 percent) of the proposed Mainline Pipeline would lie adjacent to 

transportation corridors or within BLM-designated utility corridors. This would allow for 

some reductions of impacts on previously undisturbed areas. A pipeline to the Anderson 

Bay site would be comparable in length to the proposed Mainline Pipeline but would 

avoid crossing Cook Inlet. However, future laterals from interconnection points for instate deliveries of natural gas would require constructing an additional 113 miles of 

pipeline to reach markets in Fairbanks and Anchorage, relative to the project.

With respect to the Anderson Bay site itself, liquefaction facilities at this location 

would require extensive civil design work and terracing. Thus, while the Anderson Bay 

Alternative would avoid impacts associated with construction of a pipeline across Cook 

Inlet, development of the Anderson Bay liquefaction site would result in greater marine 

impacts than development of the proposed site. 

AGDC identified other constraints regarding the use of the Anderson Bay site. 

The entrance into the Port of Valdez would be through the Valdez Narrows, which is less 

than 1 mile wide. After being loaded with LNG, a safety zone would be established 

around LNG carriers, which would restrict other vessel traffic through the Valdez 

Narrows or prevent the LNG carrier from exiting into Prince William Sound until vessel 

traffic cleared. AGDC indicated that unexpected delays or uncertainty in vessel transit 

would be greater than with the proposed site. For the reasons described above, the final 

EIS concludes that the Anderson Bay site would not provide a significant environmental 

advantage over the proposed site.

347 Id. at Table 3.8.1-1 compares the Port MacKenzie site environmental 

advantages and disadvantages compared with the proposed Nikisi site.
Docket No. CP17-178-000 - 86 -

The final EIS evaluates alternative routes for the Mainline Pipeline, including the 

Cook Inlet East and Cook Inlet West Alternatives. The public provided comments 

regarding the Cook Inlet West Alternative. The analysis of the alternative routes 

considered area of impact, constructability, land uses affected, and wildlife and aquatic 

impacts. The final EIS finds that neither the Cook Inlet East Alternative nor the Cook 

Inlet West Alternative would provide a significant environmental advantage over the 

project as proposed.

The draft EIS evaluated an alternative route through the Denali National Park (the 

Denali Alternative) and compared it to the then-proposed route for the Mainline Pipeline. 

After the publication of the draft EIS, AGDC adopted the Denali Alternative as the 

proposed project route. Accordingly, at the request of cooperating agencies, the final EIS 

revises the analysis to compare the currently proposed route—inclusive of the Denali 

Alternative—with suggested alternatives that include the route previously proposed by 

AGDC, which is referred to as the Denali Avoidance Alternative. The final EIS finds 

that the selection of either the proposed route or the Denali Avoidance Alternative would 

be acceptable, without significant environmental advantages from either. Therefore, it 

concludes that the Denali Avoidance Alternative would not provide a significant 

environmental advantage over the proposed route.

In response to comments received, the final EIS evaluates an alternative route for 

the Mainline Pipeline that passes closer to Fairbanks (the Fairbanks Alternative). On 

balance, however, the final EIS concludes that impacts on land, water, and other 

resources would be greater for the Fairbanks Alternative than the proposed route. 

Therefore, it concludes that the Fairbanks Alternative would not provide a significant 

environmental advantage over the project.

The final EIS reviews alternatives to the project employing an independent 

analysis and using the comments received. Although many of the alternatives appear to 

be technically feasible, the review identified no alternatives that would provide a 

significant environmental advantage over the project. Based on these findings, the final 

EIS concludes that the proposed project, as modified by the required mitigation measures 

contained in this order, is the preferred alternative than can meet the project objectives.

c. Comment Received After Issuance of the Final EIS

On April 13, 2020, EPA filed comments acknowledging that in response to its 

comments on the draft EIS, staff developed additional mitigation measures that AGDC

agreed to implement. EPA requests that these measures be included in the Commission’s 

final order on the Alaska LNG Project as specific conditions.348 EPA also requests that 

348 EPA April 13, 2020 Comments at 1.
Docket No. CP17-178-000 - 87 -

the Commission order include a summary of mitigation plans that are currently being 

developed to reduce wetlands impacts and operational emissions associated with the 

project, as well as the CWA section 401 certification for the portion of the mainline 

pipeline constructed in the Denali National Park.

349

The mitigation measures recommended in the final EIS are included as conditions 

to this order. As discussed above, with respect to mitigation measures to which AGDC

has committed, Environmental Condition 1 requires AGDC to follow the construction 

procedures and mitigation measures identified in the EIS, including Appendix X which 

sets forth the recommended mitigation measures included in the draft EIS to which 

AGDC has committed and incorporated into the proposed action considered here. As 

also discussed above, AGDC may not commence construction of the project until it

provides certain outstanding information and confirm they have received all applicable 

authorizations required under federal law.350

d. Environmental Conclusions

We have reviewed the information and analysis contained in the final EIS

regarding potential environmental effects of the project, as well as other information in 

the record. We are adopting the environmental recommendations in the final EIS, as 

modified herein, and include them as conditions in the appendix to this order.

Compliance with the environmental conditions appended to our orders is integral to

ensuring that the environmental impacts of approved projects are consistent with those

anticipated by our environmental analyses. Thus, Commission staff carefully reviews all 

information submitted. Commission staff will only issue a construction notice to proceed 

with an activity when satisfied that the applicant has complied with all applicable 

conditions. We also note that the Commission has the authority to take whatever steps 

are necessary to ensure the protection of environmental resources during construction and 

operation of the project, including authority to impose any additional measures deemed 

necessary to ensure continued compliance with the intent of the conditions of the order, 

as well as the avoidance or mitigation of unforeseen adverse environmental impacts 

resulting from project construction and operation.351

We agree with the conclusions presented in the final EIS and find that if the 

project is constructed and operated as described in the final EIS, the environmental 

impacts associated with the project are acceptable considering the public benefits that 

will be provided by the project. The final EIS finds that, although the project would 

349 Id. at 1-2.

350 See supra at P 30.

351 See Environmental Conditions 2 and 3.
Docket No. CP17-178-000 - 88 -

result in temporary, long-term, and permanent impacts on the environment, some of 

which would be significant, most impacts would be reduced to less-than-significant levels 

if the project is constructed and operated in accordance with applicable laws and 

regulations and the environmental mitigation measures recommended in the final EIS and 

required by this order. For these reasons, we find that the Alaska LNG Project is not 

inconsistent with the public interest.

Any state or local permits issued with respect to the jurisdictional facilities 

authorized herein must be consistent with the conditions of this authorization. The 

Commission encourages cooperation between applicants and local authorities. However, 

this does not mean that state and local agencies through application of state or local laws, 

may prohibit or unreasonably delay the construction or operation of facilities approved by 

this Commission.352

IV. Conclusion

At a hearing held on May 21, 2020, the Commission on its own motion received 

and made part of the record in this proceeding all evidence, including the application, as 

supplemented, and exhibits thereto, and all comments, and upon consideration of the 

record,

The Commission orders:

(A) AGDC is authorized under section 3 of the NGA to site, construct, and 

operate its Alaska LNG Project, as described and conditioned herein and as more fully 

described in its application and supplements, including any commitments made therein, 

subject to the environmental conditions contained in the appendix to this order.

(B) AGDC’s proposed facilities shall be constructed and made available for 

service within ten years of the date of this order.

(C) AGDC shall notify the Commission’s environmental staff by telephone, email, or facsimile of any environmental noncompliance identified by other federal, state, 

or local agencies on the same day that such agency notifies AGDC. AGDC shall file 

352 See 15 U.S.C. § 717r(d) (state or federal agency’s failure to act on a permit 

considered to be inconsistent with Federal law); see also Schneidewind v. ANR Pipeline 

Co., 485 U.S. 293, 310 (1988) (state regulation that interferes with FERC’s regulatory 

authority over the transportation of natural gas is preempted) and Dominion 

Transmission, Inc. v. Summers, 723 F.3d 238, 245 (D.C. Cir. 2013) (noting that state and 

local regulation is preempted by the NGA to the extent it conflicts with federal 

regulation, or would delay the construction and operation of facilities approved by the 

Commission).
Docket No. CP17-178-000 - 89 -

written confirmation of such notification with the Secretary of the Commission within 24 

hours.

By the Commission. Commissioner Glick is dissenting with a separate statement

 attached.

 Commissioner McNamee is concurring with a separate statement

 attached.

( S E A L )

Kimberly D. Bose,

Secretary.
Docket No. CP17-178-000 - 90 -

Appendix 

Environmental Conditions

1. Alaska Gasline Development Corporation (AGDC) shall follow the construction 

procedures and mitigation measures described in its application and supplements 

(including responses to staff information requests) and as identified in the 

environmental impact statement (EIS), unless modified by the Order. AGDC 

must:

a. request any modification to these procedures, measures, or conditions in a 

filing with the Secretary of the Commission (Secretary);

b. justify each modification relative to site-specific conditions;

c. explain how that modification provides an equal or greater level of 

environmental protection than the original measure; and

d. receive approval in writing from the Director of the Office of Energy 

Projects (OEP), or the Director’s designee, before using that 

modification.

2. For the Prudhoe Bay Treatment Plant and Liquefaction Facilities, the Director of 

the OEP, or the Director’s designee, has delegated authority to address any 

requests for approvals or authorizations necessary to carry out the conditions of 

the Order and take whatever steps are necessary to ensure the protection of life, 

health, property, and the environment during Alaska LNG Project (Project)

construction and operation. This authority shall allow:

a. the modification of conditions of the Order;

b. stop-work authority and authority to cease operation; and

c. the imposition of any additional measures deemed necessary to ensure 

continued compliance with the intent of the conditions of the Order as 

well as the avoidance or mitigation of unforeseen adverse environmental 

impact resulting from Project construction and operation.

3. For the pipeline facilities (e.g., Mainline Facilities, Prudhoe Bay Unit Gas 

Transmission Line, and Point Thomson Unit Gas Transmission Line), the 

Director of the OEP, or the Director’s designee, has delegated authority to 

address any requests for approvals or authorizations necessary to carry out the 
Docket No. CP17-178-000 - 91 -

conditions of the Order, and take whatever steps are necessary to ensure the 

protection of environmental resources during construction and operation of the 

Project. This authority shall allow:

a. the modification of conditions of the Order;

b. stop-work authority; and

c. the imposition of any additional measures deemed necessary to ensure 

continued compliance with the intent of the conditions of the Order as 

well as the avoidance or mitigation of unforeseen adverse environmental 

impact resulting from Project construction and operation.

4. Prior to any construction, AGDC shall file an affirmative statement with the 

Secretary, certified by a senior company official, that all company personnel, 

environmental inspectors (EIs), and contractor personnel will be informed of the 

EI’s authority and have been or will be trained on the implementation of the 

environmental mitigation measures appropriate to their jobs before becoming 

involved with construction and restoration activities.

5. The authorized facility locations, including the directional micro-tunneling 

continuation methodology at the Cook Inlet shoreline crossing, if implemented, 

and the revisions required in conditions 19 and 29, shall be as shown in the EIS, 

as supplemented by filed alignment sheets. As soon as they are available, and 

before the start of construction, AGDC shall file with the Secretary any revised 

detailed survey alignment maps/sheets at a scale not smaller than 1:6,000, with 

station positions for all facilities approved by the Order. All requests for 

modifications of environmental conditions of the Order or site-specific 

clearances must be written and must reference locations designated on these 

alignment maps/sheets.

6. AGDC shall file with the Secretary detailed alignment maps/sheets and aerial 

photographs at a scale not smaller than 1:6,000 identifying all route realignments 

or facility relocations, staging areas, pipe storage yards, new access roads, and 

other areas that would be used or disturbed and have not been previously 

identified in filings with the Secretary. Approval for each of these areas must be 

explicitly requested in writing. For each area, the request must include a 

description of the existing land use/cover type, documentation of landowner 

approval, whether any cultural resources or federally listed threatened or 

endangered species would be affected, and whether any other environmentally 

sensitive areas are within or abutting the area. All areas shall be clearly 

identified on the maps/sheets/aerial photographs. Each area must be approved in 
Docket No. CP17-178-000 - 92 -

writing by the Director of the OEP, or the Director’s designee, before 

construction in or near that area.

This requirement does not apply to extra workspace allowed by FERC’s Upland 

Erosion Control, Revegetation and Maintenance Plan and/or minor field 

realignments per landowner needs and requirements that do not affect other 

landowners or sensitive environmental areas such as wetlands. Examples of 

alterations requiring approval include all route realignments and facility location 

changes resulting from:

a. implementation of cultural resources mitigation measures;

b. implementation of endangered, threatened, or other special status species 

mitigation measures;

c. recommendations by state regulatory authorities; and

d. agreements with individual landowners that affect other landowners or 

could affect sensitive environmental areas.

7. At least 60 days before construction begins, AGDC shall file an 

Implementation Plan with the Secretary for the review and written approval of 

the Director of the OEP, or the Director’s designee. AGDC must file revisions to 

the plan as schedules change. The plan shall identify:

a. how AGDC will implement the construction procedures and mitigation 

measures described in its application and supplements (including 

responses to staff information requests and FERC staff recommendations 

in the draft EIS agreed to by AGDC [see appendix X]) and as identified in 

the EIS and required by the Order;

b. how AGDC will incorporate these requirements into the contract bid 

documents, construction contracts (especially penalty clauses and 

specifications), and construction drawings so that the mitigation required 

at each site is clear to on-site construction and inspection personnel;

c. the number of EIs assigned per spread and how the company will ensure 

that sufficient personnel are available to implement the environmental 

mitigation;

d. company personnel, including EIs and contractors, who will receive 

copies of the appropriate material;
Docket No. CP17-178-000 - 93 -

e. the location and dates of the environmental compliance training and 

instructions AGDC will give to all personnel involved with construction 

and restoration (initial and refresher training as the Project progresses and 

personnel change), with the opportunity for OEP staff to participate in the 

training sessions;

f. the company personnel (if known) and specific portion of AGDC's 

organization having responsibility for compliance;

g. the procedures (including use of contract penalties) AGDC will follow if 

noncompliance occurs; and

h. for each discrete facility, a Gantt or PERT chart (or similar Project 

scheduling diagram), and dates for:

i. the completion of all required surveys and reports;

ii. the environmental compliance training of on-site personnel;

iii. the start of construction; and

iv. the start and completion of restoration.

8. AGDC shall employ a team of EIs per construction spread (the number per 

spread to be determined by the Director of the OEP, or the Director’s designee). 

The EIs shall be:

a. responsible for monitoring and ensuring compliance with all mitigation 

measures required by the Order and other grants, permits, certificates, or 

other authorizing documents;

b. responsible for evaluating the construction contractor’s implementation of 

the environmental mitigation measures required in the contract (see 

condition 7 above) and any other authorizing document;

c. empowered to order correction of acts that violate the environmental 

conditions of the Order and any other authorizing document;

d. a full-time position, separate from all other activity inspectors;

e. responsible for documenting compliance with the environmental 

conditions of the Order, as well as any environmental conditions/permit 

requirements imposed by other federal, state, or local agencies; and

f. responsible for maintaining status reports.
Docket No. CP17-178-000 - 94 -

9. Beginning with the filing of its Implementation Plan, AGDC shall file updated 

status reports with the Secretary on a monthly basis for the aboveground 

facilities Prudhoe Bay Treatment Plant, Liquefaction Facilities, Mainline 

Pipeline compressor stations) and on a weekly basis during active construction of 

the pipeline facilities (Point Thomson Unit Gas Transmission Line, Prudhoe Bay 

Unit Gas Transmission Line, and Mainline Pipeline) until all construction and 

restoration activities are complete. Problems of a significant magnitude shall be 

reported to FERC within 24 hours. On request, these status reports will also be

provided to other federal and state agencies with permitting responsibilities. 

Status reports shall include:

a. an update on AGDC’s efforts to obtain the necessary federal 

authorizations;

b. project schedule, including the construction status of each spread and 

facility, work planned for the following reporting period, and any 

schedule changes for stream crossings or work in other environmentally 

sensitive areas;

c. a listing of all problems encountered, contractor 

nonconformance/deficiency logs, and each instance of noncompliance 

observed by the EIs during the reporting period (both for the conditions 

imposed by the Commission and any environmental conditions/permit 

requirements imposed by other federal, state, or local agencies);

d. a description of the corrective and remedial actions implemented in 

response to all instances of noncompliance, nonconformance, or 

deficiency;

e. the effectiveness of all corrective and remedial actions implemented;

f. a description of any landowner/resident complaints that may relate to 

compliance with the requirements of the Order, and the measures taken to 

satisfy their concerns; and

g. copies of any correspondence received by AGDC from other federal, 

state, or local permitting agencies concerning instances of 

noncompliance, and AGDC’s response.

10. AGDC shall employ a special inspector during construction of the Liquefaction 

Facilities, and a copy of the special inspector’s reports shall be included in the 

monthly status reports filed with the Secretary (see condition 9 above). The 

special inspector shall be responsible for:
Docket No. CP17-178-000 - 95 -

a. observing the construction of the Project facilities to be certain it 

conforms to the design drawings and specifications;

b. furnishing inspection reports to the engineer- or architect-of-record and 

other designated persons. All discrepancies shall be brought to the 

immediate attention of the contractor for correction, and then if 

uncorrected, to the engineer- or architect-of-record; and

c. submitting a final signed report stating whether the work requiring special 

inspection was, to the best of his/her knowledge, in conformance with the 

approved plans and specifications and the applicable workmanship 

provisions.

11. AGDC shall develop and implement an environmental complaint resolution 

procedure, and file such procedure with the Secretary, for the review and written 

approval of the Director of the OEP, or the Director’s designee. The procedure 

shall provide landowners with clear and simple directions for identifying and 

resolving their environmental mitigation problems/concerns during Project 

construction and right-of-way restoration. Prior to construction, AGDC shall 

mail the complaint procedures to each landowner whose property will be crossed 

by the Project.

a. In its letter to affected landowners, AGDC shall:

i. provide a local contact that the landowners should call first with 

their concerns; the letter should indicate how soon a landowner 

should expect a response;

ii. instruct the landowners that if they are not satisfied with the 

response, they should call AGDC’s Hotline; the letter should 

indicate how soon to expect a response; and

iii. instruct the landowners that if they are still not satisfied with the 

response from AGDC’s Hotline, they should contact the 

Commission’s Landowner Helpline at 877-337-2237 or at 

LandownerHelp@ferc.gov.

b. In addition, AGDC shall include in its monthly and weekly status reports 

(see condition 9 above) a copy of a table that contains the following 

information for each problem/concern:

i. the identity of the caller and date of the call;
Docket No. CP17-178-000 - 96 -

ii. the location by milepost and identification number from the 

authorized alignment sheet(s) of the affected property;

iii. a description of the problem/concern; and

iv. an explanation of how and when the problem was resolved, will be 

resolved, or why it has not been resolved.

12. AGDC must receive written authorization from the Director of the OEP, or the 

Director’s designee, before commencing construction of any Project facilities. 

To obtain such authorization, AGDC must file with the Secretary documentation 

that it has received all applicable authorizations required under federal law (or 

evidence of waiver thereof).

13. AGDC must receive written authorization from the Director of the OEP, or the 

Director’s designee, prior to introducing hazardous fluids into the Project 

facilities. Instrumentation and controls, hazard detection, hazard control, and 

security components/systems necessary for the safe introduction of such fluids 

shall be installed and functional.

14. AGDC must receive written authorization from the Director of the OEP, or the 

Director’s designee, before placing the Prudhoe Bay Treatment Plant and 

Liquefaction Facilities into service. Such authorization will only be granted 

following a determination that the facilities have been constructed in accordance 

with FERC approval and can be expected to operate safely as designed, and that 

the rehabilitation and restoration of areas affected by the Project are proceeding 

satisfactorily.

15. AGDC must receive written authorization from the Director of the OEP, or the 

Director’s designee, before placing the Mainline Facilities into service. Such 

authorization will only be granted following a determination that rehabilitation 

and restoration of the right-of-way and other areas affected by the Project are 

proceeding satisfactorily.

16. Within 30 days of placing the authorized facilities in service, AGDC shall file 

an affirmative statement with the Secretary, certified by a senior company 

official:

a. that the facilities have been constructed and installed in compliance with 

all applicable conditions, and that continuing activities will be consistent 

with all applicable conditions; or
Docket No. CP17-178-000 - 97 -

b. identifying which of the conditions in the Order AGDC has complied 

with or will comply with. This statement shall also identify any areas 

affected by the Project where compliance measures were not properly 

implemented, if not previously identified in filed status reports, and the 

reason for noncompliance.

17. Prior to construction of the Mainline Facilities, AGDC shall file with the 

Secretary, for the review and written approval of the Director of the OEP, or the 

Director’s designee, a Project-wide acid rock drainage and metal leaching 

(ARD/ML) Management Plan that includes details for surface and groundwater 

monitoring in areas of moderate ARD/ML potential. (section 4.1.3.10)

18. Prior to construction of the Mainline Facilities, AGDC shall file with the 

Secretary a revised Feasibility Crossing Study that provides updated site-specific 

geotechnical information for the Deshka River with additional borings conducted 

at the proposed crossing location. If the results of the study indicate that a 

modification to the crossing location or method is necessary, AGDC shall file, 

for the review and written approval of the Director of the OEP, or the Director’s 

designee, a revised crossing plan for the Deshka River. (section 4.1.5.5)

19. Prior to construction of the Mainline Facilities, AGDC shall review areas 

proposed for Mode 4 construction in the summer and confirm that winter 

construction will not be feasible in low slope areas (0 to 2 percent). 

Additionally, AGDC shall use timber/synthetic mats in place of granular fill in 

wetlands proposed for Mode 4 construction on slopes of 0 to 2 percent and in 

uplands proposed for Mode 4 summer construction on slopes of 0 to 2 percent 

that are underlain by thaw-stable permafrost. AGDC shall prepare revised 

alignment sheets and resource impact tables adopting changes to Mode 4 areas 

reflecting the increase in winter construction segments and the replacement of 

granular fill with timber/synthetic mats. Prior to construction of the Mainline 

Facilities, AGDC shall file the revised sheets and resource impact tables with the 

Secretary for the review and written approval of the Director of the OEP, or the 

Director’s designee. (section 4.2.4)

20. Prior to placement of any granular fill, AGDC shall conduct aggregate testing 

using sieve analysis to select granular fill with at least 20-percent fines for the 

surface layer used on all construction workspace, including Mode 4 work pads, 

temporary aboveground facilities, temporary access roads, etc. AGDC shall 

include the results of the aggregate tests in its construction status reports filed 

with the Commission. (section 4.2.4)

21. Prior to construction of the Mainline Facilities, AGDC shall file with the 

Secretary, for the review and written approval of the Director of the OEP, or the 
Docket No. CP17-178-000 - 98 -

Director’s designee, an updated assessment of piping erosion potential between 

mileposts (MP) 536.1 and 544.3 using the same methodology used for the rest of 

the Mainline Pipeline (Onshore Geohazard Assessment Methodology and Results 

summary). If any new areas of piping erosion potential are identified, AGDC 

shall implement the same mitigation measures that will be implemented for other 

areas with the potential for piping erosion, including the use of subdrains to 

control meltwater and groundwater recharge as well as prevent the development 

of a hydraulic gradient within the erodible soils underneath the pipe. (section 

4.2.5)

22. Prior to construction, AGDC shall file with the Secretary, for the review and 

written approval of the Director of the OEP, or the Director’s designee, an 

updated Unanticipated Contamination Discovery Plan that indicates the measures 

that will be taken in the event that contaminated sediments are discovered in 

marine water environments, including the appropriate agency notification 

requirements. Additionally, this plan shall be updated to include notification to 

the National Park Service in the event of an unanticipated discovery of 

contamination on National Park Service property. (section 4.2.6)

23. During construction of the Mainline Facilities, AGDC shall restrict the 

placement of granular fill, spoil, or other materials in waterbodies within the 

following workspaces:

a. pipe storage yards “Chandalar PSY” in the Unnamed Tributary to North 

Fork Chandalar River near MP 174.6 and “65-9-078-2 FP” in the 

Unnamed Tributary to North Fork Ray River near MP 337.0; and

b. disposal sites “WD-043” in Ninety-Six Creek near MP 251.8 and “WD050” in the Unnamed Tributary to Prospect Creek near MP 281.5.

In the event that the use of fill is unavoidable, then AGDC shall file with the 

Secretary, for the review and written approval of the Director of the OEP, or the 

Director’s designee, site-specific justifications and measures it will use to 

preserve water flow and quality within the affected streams. (section 4.3.2.4)

24. Following construction of the Prudhoe Bay Treatment Plant and Point 

Thomson Unit Gas Transmission Line, AGDC shall conduct seasonal 

monitoring for a period of three years to track caribou herd movement and 

determine if project infrastructure is creating a barrier to caribou movement. To 

allow conclusions regarding any potential changes, AGDC shall also conduct 

baseline monitoring of caribou herd movement prior to the start of construction 

of the Prudhoe Bay Treatment Plant and Point Thomson Unit Gas Transmission 

Line. No later than six months after completion of the study following the third 
Docket No. CP17-178-000 - 99 -

year, AGDC shall file a report describing the results of the monitoring and 

recommendations to minimize or mitigate any identified issues with caribou 

movement related to the Project, for further consideration and potential action by 

the Commission.

25. Prior to construction, AGDC shall file with the Secretary, for the review and 

written approval of the Director of the OEP, or the Director’s designee, revised 

shutdown distances for all underwater noise generating activities (i.e., pile 

driving [impact, vibratory, and all pile types], dredging, screeding, anchor 

handling, Mainline Pipeline shoreline installation, and Marine Terminal Material 

Offloading Facility removal). For the revised shutdown distances, AGDC shall 

establish:

a. shutdown zones for Level A harassment for all marine mammals based on 

the modeled distances in appendix L-1, tables L-1.1-4, L-1.1-5, L-1.1-9, 

L-1.1-11, L-1.1-12, and L-1.1-13 of the EIS (pile driving activities shall 

stop until the animal moves out of the shutdown injury zone);

b. shutdown zones for Level B harassment for Cook Inlet beluga whales 

based on the modeled distances in appendix L-1, tables L-1.1-10, L-1.1-

11, L-1.1-12, and L-1.1-13 of the EIS (pile driving and dredging activities 

shall stop until the animal moves out of the shutdown harassment zone); 

and

c. harassment zones for Level B harassment for all marine mammals (except 

Cook Inlet beluga whales) based on the modeled distances in appendix L1, tables L-1.1-6, L-1.1-10, L-1.1-11, L-1.1-12, and L-1.1-13 of the EIS 

(activity noise levels shall be lowered when animals enter these zones, 

until they leave the area, if possible).

Alternatively, AGDC may commit to conducting a Sound Source Verification 

during construction that will establish appropriate shutdown and harassment 

zones based on observed underwater noise levels. (section 4.6.3.2)

26. Prior to construction, AGDC shall file with the Secretary, for the review and 

written approval of the Director of the OEP, or the Director’s designee, a revised 

Protected Species Observers (PSO) deployment plan that includes the following:

a. for pile driving activities in Cook Inlet and Prudhoe Bay, AGDC shall 

station at least one PSO at-sea near the edge of the shutdown zone (for 

Level A) and one PSO stationed at-sea or on land near the edge of the 

harassment zone (for Level B); and station at least one PSO on the piledriving barge, or in an adjacent land-based vantage point;
Docket No. CP17-178-000 - 100 -

b. for anchor handling activities in Cook Inlet, AGDC shall station at least 

one PSO on the pipelay vessel; and

c. for dredging and screeding activities and Mainline Pipeline shoreline 

installation, AGDC shall station at least one PSO on each dredging and 

screeding vessel or accompanying vessel. (section 4.6.3.2)

27. Prior to construction, AGDC shall update its list of Alaska Waters Catalog

waters affected by Project facilities using the most current Alaska Department of 

Fish and Game Anadromous Waters Catalog list and National Marine Fisheries 

Service Essential Fish habitat species list and apply the conservation measures at 

the appropriate waterbodies. AGDC shall file with the Secretary the revised list 

and the measures it will employ at each Alaska Waters Catalog water. (section 

4.7.1)

28. AGDC shall not begin construction until:

a. FERC staff completes formal Endangered Species Act consultation with 

the U.S. Fish and Wildlife Service (USFWS) and National Marine 

Fisheries Service (NMFS);

b. AGDC has received applicable Incidental Take Authorizations per the 

Marine Mammal Protection Act from the USFWS and NMFS; and

c. AGDC has received written notification from the Director of the OEP, or 

the Director’s designee, that construction or use of mitigation may begin. 

(section 4.8.1)

29. Prior to construction of the Mainline Facilities, AGDC shall file with the 

Secretary, for the review and written approval of the Director of the OEP, or the 

Director’s designee, a plan for the relocation of mainline valve 14 and its helipad, 

developed in coordination with Clear Air Force Station representatives. (section 

4.9.3)

30. AGDC shall not begin implementation of any treatment program/measures 

(including archaeological data recovery); facility construction; or use of staging, 

storage, or temporary work areas, ancillary facilities, and new or to-be-improved 

access roads until:

a. AGDC completes outstanding archaeological and architectural surveys 

and any special studies, and files with the Secretary all remaining cultural 

resources survey, evaluation, and special studies reports, and the Alaska 
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State Historic Preservation Office (SHPO) comments, the applicable land 

management agency comments, and consulting party comments on the 

reports;

b. AGDC files any necessary avoidance or treatment plans that outline 

measures to avoid, reduce, and/or mitigate effects on historic properties, 

and the Alaska SHPO comments, the applicable land management agency 

comments, and consulting party comments on the plans;

c. the Advisory Council on Historic Preservation is provided an opportunity 

to comment on the undertaking if historic properties would be adversely 

affected; and

d. FERC staff reviews, and the Director of the OEP, or the Director’s 

designee, approves in writing, all cultural resources survey reports and 

plans; and FERC staff notifies AGDC in writing that treatment 

plans/mitigation measures may be implemented or that construction may 

proceed.

All material filed with the Commission containing location, character, and 

ownership information about cultural resources must have the cover and any 

relevant pages therein clearly labeled in bold lettering: “CUI/PRIV – DO NOT 

RELEASE.” (section 4.13.5).

31. If the directional micro-tunneling continuation methodology is used for the 

proposed shoreline crossings at Beluga Landing and Suneva Lake, then prior to 

construction of the Mainline Facilities, AGDC shall file with the Secretary 

noise impact calculations for any noise sensitive areas (NSAs) within 1 mile of 

these sites to reflect use of the directional micro-tunneling continuation 

methodology. If the noise impact estimates would result in noise attributable to

directional micro-tunneling continuation activities greater than 55 A-weighted 

decibel (dBA) day-night average sound level (Ldn) at any of the NSAs, AGDC 

shall include proposed mitigation measures, for the review and written approval 

by the Director of the OEP, or the Director’s designee, to ensure the estimated 

noise attributable to the directional micro-tunneling continuation activities is 

below 55 dBA Ldn. (section 4.16.3.2)

32. Prior to construction of final design, AGDC shall file with the Secretary the 

following information, stamped and sealed by the professional engineer-ofrecord registered in Alaska:

a. site preparation drawings and specifications for the Liquefaction Facilities 

and Prudhoe Bay Treatment Plant;
Docket No. CP17-178-000 - 102 -

b. a list of the foundation systems to be used for each structure;

c. all Liquefaction Facilities and Prudhoe Bay Treatment Plant structures 

and foundation design drawings as well as associated calculations, 

including prefabricated and field constructed structures;

d. seismic specifications for procured equipment for the Liquefaction 

Facilities and Prudhoe Bay Treatment Plant; and

e. quality control procedures to be used for civil/structural design and 

construction.

In addition, AGDC shall file, in its Implementation Plan, the schedule for 

producing this information. (section 4.18.9)

33. Prior to construction of final design, AGDC shall file with the Secretary a 

monitoring and maintenance plan, stamped and sealed by the professional 

engineer-of-record registered in Alaska, that ensures the grade of the Prudhoe 

Bay Treatment Plant site would be maintained to prevent flooding throughout the 

life of the facility considering settlement, subsidence, thermocycling, and sea 

level rise. (section 4.18.9)

34. Prior to construction of final design, AGDC shall file with the Secretary the 

following information, stamped and sealed by the professional engineer-ofrecord registered in Alaska, related to the LNG storage tank and foundation 

detailed design documents, including but not limited to:

a. LNG storage tank base concrete slabs calculations and drawings;

b. LNG storage tank seismic isolator concrete pedestal calculations and 

drawings; and

c. LNG storage tank foundation concrete slabs calculations and drawings.

AGDC shall request written authorization from the Director of the OEP or the 

Director’s designee, before proceeding with construction of final design and

until the Director of the OEP, or designee, provides a notice to proceed. (section 

4.18.9)

35. Prior to construction of final design, AGDC shall file with the Secretary 

documentation that confirms the various tidal levels at the product loading 

facility do not exceed transfer arm safe operating envelopes or otherwise 
Docket No. CP17-178-000 - 103 -

demonstrate provisions would be in place to prevent disconnection from the 

transfer arms during loading operations. (section 4.18.9)

36. Prior to construction of final design, AGDC shall file with the Secretary an 

analysis stamped and sealed by a professional engineer in the State of Alaska that 

demonstrates the product loading facility can withstand the impact from sea ice 

that historically occurs at the Nikiski site location and that the product loading 

facility structural load conditions consider sea ice and ice buildup. The basis of 

design for the loads induced by sea ice shall be filed with the Secretary for the 

review and written approval by the Director of the OEP, or the Director’s 

designee. (section 4.18.9)

Conditions 36 through 160 shall apply to both the Prudhoe Bay Treatment Plant

and Liquefaction Facilities, unless otherwise specified. Information pertaining to 

these specific conditions shall be filed with the Secretary, for review and written 

approval by the Director of the OEP, or the Director’s designee, within the 

timeframe indicated by each condition. Specific engineering, vulnerability, or 

detailed design information meeting the criteria specified in Order No. 833 (Docket 

No. RM16-15-000), including security information, shall be submitted as Critical 

Energy Infrastructure Information pursuant to 18 CFR 388.113. See Critical 

Electric Infrastructure Security and Amending Critical Energy Infrastructure 

Information, Order No. 833, 81 Fed. Reg. 93,732 (December 21, 2016), FERC Stats. 

& Regs. 31,389 (2016). Information pertaining to items such as off-site emergency 

response, procedures for public notification and evacuation, and construction and 

operating reporting requirements would be subject to public disclosure. All 

information shall be filed a minimum of 30 days before approval to proceed is 

requested.

37. Prior to initial site preparation, AGDC shall file an overall Project schedule, 

which includes the proposed stages of the commissioning plan. (section 4.18.9)

38. Prior to initial site preparation, AGDC shall file procedures for controlling 

access during construction. (section 4.18.9)

39. Prior to initial site preparation, AGDC shall file quality assurance and quality 

control procedures for construction activities. (section 4.18.9)

40. Prior to initial site preparation, AGDC shall file a site-specific geotechnical 

investigation to ensure proper foundation design of the Prudhoe Bay Treatment 

Plant. The geotechnical investigation shall include a location plan that 

demonstrates the soil conditions are suitable or could be made suitable for all 

major foundations and evaluate local geological conditions under the proposed 

foundations, including the susceptibility to frost heave, thermokarsting, 
Docket No. CP17-178-000 - 104 -

subsidence, load-bearing settlement, and concrete material degradation that are 

projected to occur over the life of the facilities. Also, the soil PH, chloride ion 

concentration, sulfate ion concentration, and electrical resistivity testing shall be 

taken into account as part of the site-specific geotechnical investigation. In 

addition, the geotechnical investigation must demonstrate that the local 

conditions and those contained in the Alaska Stand Alone Pipeline report 

supporting its foundation recommendations are sufficiently analogous. (section 

4.18.9)

41. Prior to construction of final design, AGDC shall file a site-specific analysis 

for coastal erosion and propose a prevention and mitigation plan. (section 

4.18.9)

42. Prior to initial site preparation, AGDC shall file a response plan for a 

significant snow event or provide calculations that prove the current support 

structures and equipment will be able to support snow loads. (section 4.18.9)

43. Prior to initial site preparation, AGDC shall file the updated freeboard height 

and sloshing wave height design calculation to comply with code requirements, 

including but not limited to ASCE 7-05, API 620, API 625, API 650, ACI 350 

and ACI 376. (section 4.18.9)

44. Prior to initial site preparation, AGDC shall file the updated reserve capacity 

test report to determine the vertical load, shear load, and uplift displacement 

capacities of the triple pendulum seismic isolator type bearing. The test report 

shall include an analysis for maximum and minimum design liquid levels of the 

LNG tanks, and the displacement during the empty tank condition. In addition, a 

separate analysis for variations of design stiffness, minimum values of friction 

and other properties as required by sections 17.2 and 17.5 of ASCE 7-05 shall be 

performed. (section 4.18.9)

45. Prior to initial site preparation, AGDC shall file its design wind speed criteria 

for all Prudhoe Bay Treatment Plant facilities to be designed to withstand wind 

speeds commensurate with the risk and reliability in accordance with ASCE 7-16 

or equivalent. (section 4.18.9)

46. Prior to initial site preparation, AGDC shall file calculations demonstrating the 

loads on buried pipelines and utilities at temporary crossings will be adequately 

distributed. The analysis shall be based on API RP 1102 or other approved 

methodology. (section 4.18.9)

47. Prior to initial site preparation, AGDC shall develop an Emergency Response 

Plan (ERP) (including evacuation), and coordinate procedures, as applicable, 
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with the Coast Guard; state, county, and local emergency planning groups; fire 

departments; state and local law enforcement; and appropriate federal agencies. 

This plan shall include at a minimum:

a. designated contacts with state and local emergency response agencies;

b. scalable procedures for the prompt notification of appropriate local 

officials and emergency response agencies based on the level and severity 

of potential incidents;

c. procedures for notifying residents and recreational users within areas of 

potential hazard;

d. evacuation routes/methods for residents and public use areas that are 

within any transient hazard areas along the route of the LNG marine 

transit;

e. locations of permanent sirens and other warning devices; and

f. an “emergency coordinator” on each LNG marine vessel to activate sirens 

and other warning devices.

AGDC shall notify FERC staff of all planning meetings in advance and shall report 

progress on the development of its ERP at 3-month intervals. (section 4.18.9)

48. Prior to initial site preparation, AGDC shall file a Cost-Sharing Plan 

identifying the mechanisms for funding all specific security/emergency 

management costs that would be imposed on state and local agencies. This 

comprehensive plan shall include funding mechanisms for the capital costs 

associated with any necessary security/emergency management equipment and 

personnel base. AGDC shall notify FERC staff of all planning meetings in 

advance and shall report progress on the development of its Cost Sharing Plan at 

3-month intervals. (section 4.18.9)

49. Prior to initial site preparation, AGDC shall provide validation or verification 

for the modeling assumptions and methods used for the vapor dispersion and 

overpressure modeling for the high pressure CO2/H2S and natural gas pipe 

systems at the Prudhoe Bay Treatment Plant, and provide revised modeling to 

account for any changes made to the assumptions. The results of this modeling 

shall be used to inform the ERPs. (section 4.18.9)

50. Prior to initial site preparation, AGDC shall demonstrate that ERPs include 

processes and procedures that ensure the plant will be placed in a safe shut down 
Docket No. CP17-178-000 - 106 -

prior to an evacuation of staff from the central control building in the event of a 

pipeline incident, including an incident originating from the relocated Hilcorp 

pipeline, which could affect the Liquefaction Facilities’ central control building. 

(section 4.18.9)

51. Prior to initial site preparation, AGDC shall demonstrate that ERPs for 

potential large pipeline ruptures at the Prudhoe Bay Treatment Plant have been 

coordinated with the adjacent Prudhoe Bay Unit Central Gas Facility plant and 

include consideration of impacts on the Prudhoe Bay Treatment Plant operator 

camp site. (section 4.18.9)

52. Prior to construction of final design, AGDC shall file lighting drawings. The 

lighting drawings shall show the location, elevation, type of light fixture, and lux 

levels of the lighting system and shall illustrate adequate coverage, in accordance 

with federal regulations (e.g., 49 CFR 193, 33 CFR 127, 33 CFR 105, 29 CFR 

1910, 29 CFR 1915, and 29 CFR 1926) and API 540 or equivalent, of the 

perimeter of the facility and along paths/roads of access and egress. (section 

4.18.9)

53. Prior to construction of final design, AGDC shall file security camera and 

intrusion detection drawings. The security camera drawings shall show the 

locations, areas covered, and features of each camera (e.g., fixed, tilt/pan/zoom, 

motion detection alerts, low light, and mounting height) to verify coverage of the 

entire perimeter with redundancies and cameras interior to the facility to enable 

rapid and reliable monitoring of the facility. The intrusion detection drawings 

shall show or note the location of the intrusion detection to verify coverage of the 

entire perimeter of the facility. (section 4.18.9)

54. Prior to construction of final design, AGDC shall file drawings of the security 

fence at the Liquefaction Facilities. The fencing drawings shall provide details 

of fencing (e.g., dimensions and gauge of fence meshes, posts, and barbed or 

razor wire) that demonstrate it will restrict and deter access around the entire 

facility and has a 10-foot clearance from exterior features (e.g., power lines and 

trees) and from interior features (e.g., piping, equipment, and buildings). (section 

4.18.9)

55. Prior to construction of final design, AGDC shall file specifications, drawings, 

and details of crash rated vehicle barriers at each facility entrance for access 

control that can mitigate accidental and intentional vehicle impacts. (section 

4.18.9)

56. Prior to construction of final design, AGDC shall file change logs that list and 

explain any changes made from the front end engineering design provided in 
Docket No. CP17-178-000 - 107 -

AGDC’s application and filings. A list of all changes with an explanation for the 

design alteration shall be provided, and all changes shall be clearly indicated on 

all diagrams and drawings. (section 4.18.9)

57. Prior to construction of final design, AGDC shall file information/revisions 

pertaining to its responses to items 55, 58, 70, 71, 73, and 75 of the July 7, 2017 

information request; responses to items 8, 14, 16, 19, and 21 of the December 26, 

2018 information request; responses to items 2 and 5 of the December 26, 2018 

(non-public enclosure); responses to items 3, 11, 17, 18, 21, 22, and 23 of the 

January 15, 2019 information request; and responses to items 4, 5, 14-17, 20–22, 

24, 27, 29, 32–34, 42, 46, and 57 of the September 17, 2019 information request, 

which indicated features to be included or considered in the final design of the 

Prudhoe Bay Treatment Plant. (section 4.18.9)

58. Prior to construction of final design, AGDC shall file information/revisions 

pertaining to its responses to items 2, 3, 5, 7, 8, 11, 24, 28, 29, 31, 34, 38, 46, 47, 

and 51 of the July 7, 2017 information request; responses to items 32, 34, 35, 37, 

41, 42, 46, 54–61, 66, 69–72, 74, and 75 of the December 26, 2018 information 

request; responses to items 8, 9, 10, and 13–15 of the December 26, 2018 

information request (non-public enclosure); responses to items 56, 60, 66, 70–73, 

75–81, and 83 of the January 15, 2019 information request; responses to items

63, 71, 74, 93b, and 97 of the September 17, 2019 information request; and 

responses to items 3 and 9 of the November 22, 2019 information request, which 

indicated features to be included or considered in the final design of the 

Liquefaction Facilities. (section 4.18.9)

59. Prior to construction of final design, AGDC shall file a plot plan of the final 

design showing all major equipment, structures, buildings, and impoundment 

systems. (section 4.18.9)

60. Prior to construction of final design, AGDC shall file documentation that 

demonstrates the multi-use truck unloading/loading facilities at the Prudhoe Bay 

Treatment Plant and Liquefaction Facilities incorporate safety design features 

including but not limited to process control and monitoring instrumentation 

including alarm and automatic shutdown capabilities; configuration of transfer 

valves, equipment, and hazard mitigation equipment to be activated remotely; 

unique hose couplings and fill line connections for each type of hazardous fluid; 

and pipe marking and identification of transfer equipment. (section 4.18.9)

61. Prior to construction of final design, AGDC shall file the updated LNG tank 

design that incorporates AGDC’s proposed top and bottom filling capabilities in 

order to mitigate LNG tank stratification and rollover. Also, AGDC shall file 

procedures to mitigate stratification and potential rollover based on differences in 
Docket No. CP17-178-000 - 108 -

transferring or loading LNG with different compositions and the time it takes to 

detect stratification and induce sufficient mixing of the LNG storage tank 

contents based on the flow rate and storage volume compared to the time it takes 

for the detected stratification to develop into a potential rollover condition. 

(section 4.18.9)

62. Prior to construction of final design, AGDC shall file three-dimensional plant 

drawings to confirm plant layout for maintenance, access, egress, and congestion. 

(section 4.18.9)

63. Prior to construction of final design, AGDC shall file an up-to-date equipment 

list, process and mechanical data sheets, and specifications. The specifications 

shall include:

a. building specifications (e.g., control buildings, electrical buildings, 

compressor buildings, storage buildings, pressurized buildings, ventilated 

buildings, and blast resistant buildings);

b. mechanical specifications (e.g., piping, valve, insulation, rotating 

equipment, heat exchanger, storage tank and vessel, and other specialized 

equipment);

c. electrical and instrumentation specifications (e.g., power system, control 

system, safety instrument system [SIS], cable, and other electrical and 

instrumentation); and

d. security and fire safety specifications (e.g., security, passive protection, 

hazard detection, hazard control, and firewater). (section 4.18.9)

64. Prior to construction of final design, AGDC shall file a summary of all 

applicable codes and standards and the final specification document number(s) 

where they are referenced. (section 4.18.9)

65. Prior to construction of final design, AGDC shall file a complete LNG storage 

tank specification and design drawings. The specification shall define the battery 

limits (i.e., engineering design, structural design, supports, piping components, 

piping connections, electrical power, control, and utilities) of the LNG storage 

tank. (section 4.18.9)

66. Prior to construction of final design, AGDC shall file drawings of the storage 

tank piping support structure and support of horizontal piping at grade including 

pump columns, relief valves, pipe penetrations, instrumentation, and 

appurtenances. (section 4.18.9)
Docket No. CP17-178-000 - 109 -

67. Prior to construction of final design, AGDC shall file up-to-date process flow 

diagrams and piping and instrument diagrams (P&IDs), including vendor P&IDs. 

The process flow diagrams shall include heat and material balances. The P&IDs 

shall include the following information:

a. equipment tag number, name, size, duty, capacity, and design conditions;

b. equipment insulation type and thickness;

c. storage tank pipe penetration size and nozzle schedule;

d. valve high pressure side and internal and external vent locations;

e. piping with line number, piping class specification, size, and insulation 

type and thickness;

f. piping specification breaks and insulation limits;

g. all control and manual valves numbered;

h. relief valves with size and set points; and

i. drawing revision number and date. (section 4.18.9)

68. Prior to construction of final design, AGDC shall file P&IDs, specifications, 

and procedures that clearly show and specify the tie-in details required to safely 

connect subsequently constructed facilities with the operational facilities. 

(section 4.18.9)

69. Prior to construction of final design, AGDC shall file a car seal philosophy and 

a list of all car-sealed and locked valves consistent with the P&IDs. (section 

4.18.9)

70. Prior to construction of final design, AGDC shall file the safe operating limits 

(upper and lower), alarm and shutdown set points for all instrumentation (i.e., 

temperature, pressures, flows, and compositions). (section 4.18.9)

71. Prior to construction of final design, AGDC shall include a check valve or 

other means in the sour gas inlet piping to the Acid Gas Removal Unit absorber 

to prevent backflow into the inlet piping. (section 4.18.9)

72. Prior to construction of final design, AGDC shall include LNG storage tank fill 

flow measurement with high flow alarm. (section 4.18.9)

73. Prior to construction of final design, AGDC shall include boil-off-gas flow 

measurement from each LNG storage tank. (section 4.18.9)

74. Prior to construction of final design, AGDC shall evaluate and demonstrate the 

design pressure of the Process Heat Medium Expansion Drum and associated 
Docket No. CP17-178-000 - 110 -

relief valves is consistent with the heating medium circulation system. (section 

4.18.9)

75. Prior to construction of final design, AGDC shall include layout and design 

specifications of the pig trap, inlet separation and liquid disposal, inlet/send-out 

meter station, and pressure control. (section 4.18.9)

76. Prior to construction of final design, AGDC shall file cause-and-effect 

matrices for the process instrumentation, fire and gas detection system, and 

emergency shutdown (ESD) system for review and written approval. The causeand-effect matrices shall include alarms and shutdown functions, details of the 

voting and shutdown logic, and set points. (section 4.18.9)

77. Prior to construction of final design, AGDC shall specify that all ESD valves 

are to be equipped with open and closed position switches connected to the 

Distributed Control System (DCS) / Safety Instrumented System (SIS). (section 

4.18.9)

78. Prior to construction of final design, AGDC shall file an evaluation of ESD 

valve closure times. The evaluation shall account for the time to detect an upset 

or hazardous condition, notify plant personnel, and close the ESD valve. (section 

4.18.9)

79. Prior to construction of final design, AGDC shall file an evaluation of dynamic 

pressure surge effects from valve opening and closure times and pump startup 

and shutdown operations. (section 4.18.9)

80. Prior to construction of final design, AGDC shall file a hazard and operability 

review (HAZOP) of the final design P&IDs, a list of the resulting 

recommendations, and action taken on the recommendations. The issued for 

construction P&IDs shall incorporate the HAZOP recommendations and 

justification shall be provided for any recommendations that are not 

implemented. (section 4.18.9)

81. Prior to construction of final design, AGDC shall file specifications that 

demonstrate the materials of construction have minimum design metal 

temperatures (MDMT) that can withstand the minimum expected temperature at 

the North Slope or that AGDC demonstrates that equipment and piping will be 

fully depressurized in the event the ambient temperature becomes less than the 

MDMT with sufficient reliability through SIS or through written procedures. 

(section 4.18.9)
Docket No. CP17-178-000 - 111 -

82. Prior to construction of final design, AGDC shall demonstrate that, for 

hazardous fluids, piping and piping nipples 2 inches or less in diameter are 

designed to withstand external loads, including vibrational loads in the vicinity of 

rotating equipment and operator live loads in areas accessible by operators. 

(section 4.18.9)

83. Prior to construction of final design, AGDC shall file the sizing basis and 

capacity for the final design of the flares and/or vent stacks as well as the 

pressure and vacuum relief valves for major process equipment, vessels, and 

storage tanks. (section 4.18.9)

84. Prior to construction of final design, AGDC shall file an updated fire 

protection evaluation of the proposed facilities. A copy of the evaluation, a list 

of recommendations and supporting justifications, and actions taken on the 

recommendations shall be filed. The evaluation shall justify the type, quantity, 

and location of hazard detection and hazard control, passive fire protection, ESD 

and depressurizing systems, firewater, and emergency response equipment, 

training, and qualifications in accordance with NFPA 59A (2001). This 

evaluation shall include justification for blast resistant walls or buildings at the 

Prudhoe Bay Treatment Plant. The justification for the flammable and 

combustible gas detection and flame and heat detection shall be in accordance 

with ISA 84.00.07 or equivalent methodologies that will demonstrate 90 percent 

or more of releases (unignited and ignited) that could result in an off-site or 

cascading impact would be detected by two or more detectors and result in 

isolation and de-inventory within 10 minutes, or less for impoundments that are 

not sized for 10 minute releases and de-inventory. The analysis shall revise the 

hazard detection coverage, including, but not limited to, the Prudhoe Bay 

Treatment Plant’s outside areas, or adequately demonstrate that failure to detect 

releases due to lack of hazard detection coverage will not result in direct or 

indirect offsite impacts, including projectiles from potential boiling liquid 

expanding vapor explosion resulting from undetected fire events. The analysis 

shall take into account the set points, voting logic, wind speeds, and wind 

directions. The justification for firewater shall provide evaluation of the total 

area that may experience firewater demand due to each governing scenario; 

calculations for all firewater demands (including firewater coverage on the LNG 

storage tanks) based on design densities, surface area, and throw distance; and 

specifications for the corresponding hydrants and monitors needed to reach and 

cool equipment. (section 4.18.9)

85. Prior to construction of final design, AGDC shall file spill containment system 

drawings with dimensions and slopes of curbing, trenches, impoundments, and 

capacity calculations considering any foundations and equipment within 

impoundments, as well as the sizing and design of the down-comer that will 
Docket No. CP17-178-000 - 112 -

transfer spills from the tank top to the ground-level impoundment system. The 

spill containment drawings shall show containment for all components that could 

contain hazardous liquids, including all liquids handled above their flashpoint 

and those with toxic or asphyxiant vapor hazards, from the largest flow from a 

single line for 10 minutes, including de-inventory and specifying a reliability 

equivalent to SIL 2 or higher for any pump interlock systems, or the maximum 

liquid from the largest vessel (or total of impounded vessels), or otherwise 

demonstrate that providing spill containment will not significantly reduce the 

vapor dispersion or radiant heat consequences of a spill, including for any tank 

top LNG releases up to a full guillotine that would not be captured to the tank 

area impoundment. Spill containment systems shall be constructed of materials 

that can withstand the liquid hazards. In addition, the rainout calculations for a 

liquid nitrogen vessel failure shall be provided with validation, or liquid nitrogen 

containment shall be provided. Also, AGDC shall provide details of collection 

for spills occurring at the onshore pipe- in-pipe ESD valve and over road 

crossings; details of hazardous liquid trenches crossing storm water trenches; 

containment for the condensate, slop oil, and diesel piping in the area near their 

storage tank impoundments at the Liquefaction Facilities; and details on whether 

the miscellaneous hydrocarbon fluid at the Prudhoe Bay Treatment Plant site will 

be handled above its flash point, as well as confirming that the most significant 

hazardous compositions in knockout drums have been considered. (section 

4.18.9)

86. Prior to construction of final design, AGDC shall file an analysis and/or tests 

that demonstrate either the pipe-in-pipe system at the Liquefaction Facilities will 

maintain integrity and not initiate and propagate cracks when subjected to sudden 

cryogenic temperatures and forces from the full range of jetting release sizes, or 

alternatively, revise the spill containment design for this piping to include a 

conventional trough and impoundment system. (section 4.18.9)

87. Prior to construction of final design, AGDC shall file the following for the 

final design of the pipe-in-pipe systems at the Liquefaction Facilities, including:

a. the detailed design and a plot plan layout of the pipe-in-pipe system, 

including identification of all conventional process lines extending from 

or attached to the pipe-in-pipe, as well as the locations of any reliefs, 

instrumentation or other connections along the inner or outer pipes;

b. an assessment of the vapor production and vapor handling capacities 

within the annular space during a full inner pipe rupture or smaller release 

into the outer pipe;
Docket No. CP17-178-000 - 113 -

c. stress analysis for the pipe-in-pipe systems, including at bulkheads and 

including the differential stresses between the inner pipe and outer pipe 

for a full inner pipe rupture, or any smaller release, at any location along 

the system;

d. leak testing details and pressures for the outer pipe;

e. details of the maintenance procedures that will be followed over the life 

of the facility to determine that the outer pipe will be continuing to 

adequately serve as spill containment;

f. plans for purging or draining LNG from the outer pipe; and

g. details of any features that will protect against external common cause 

failures of the inner and outer pipes, including heavy equipment 

accidents. (section 4.18.9)

88. Prior to construction of final design, AGDC shall demonstrate that the design 

of the marine impoundment system will capture liquid rainout resulting from 

jetting releases up to a full guillotine rupture of a dock transfer line, which could 

cause impacts on dock or trestle supports, nearby public, berthed LNG marine 

vessels and tugs, or other cascading impacts. (section 4.18.9)

89. Prior to construction of final design, AGDC shall provide details of how LNG 

spills at the dock will be fully contained in impoundment areas without resulting 

in cascading failures to equipment and structural supports, including how LNG 

will be collected on the trestle containment system without spreading over the 

dock surface and ensuring the structural supports will accommodate the liquid 

weight. (section 4.18.9)

90. Prior to construction of final design, AGDC shall provide the following on the 

water, snow, and ice handling systems for impoundments:

a. water removal pumps for locally-curbed hazardous liquid impoundments 

at the Liquefaction Facilities, such as those around knockout drums; and

b. details on how hardened snow will be assured to not inhibit the spill flow 

path (e.g., maintenance plans and/or details of snowmelt methods), 

including in spill collection areas and trenches leading to impoundments, 

and be assured to not reduce the volume of any part the impoundment 

system beyond the extra height allowed in the impoundment system 

specifically for snow accumulation. (section 4.18.9)
Docket No. CP17-178-000 - 114 -

91. Prior to construction of final design, AGDC shall file detailed calculations to 

confirm that the final fire water volumes will be accounted for when evaluating 

the capacity of the impoundment system during a spill and fire scenario. (section 

4.18.9)

92. Prior to construction of final design, AGDC shall analyze the potential for the 

overpressures from vapor cloud ignition underneath the module platforms to 

cause movement of or damage to the platforms that could affect the high pressure 

equipment above them, such as the treated gas chillers and associated piping as 

well as CO2/H2S piping, and provide any measures needed to prevent significant 

cascading damage and safety impacts. (section 4.18.9)

93. Prior to construction of final design, AGDC shall file details of the mitigation 

measures that will prevent flammable vapors from entering the semi-confined 

spaces underneath the LNG storage tanks, including details of the measures that 

will prevent temperatures in this space that could impair the functionality of the 

seismic isolators or cause frost heave. (section 4.18.9)

94. Prior to construction of final design, AGDC shall file electrical area 

classification drawings including cross-sectional drawings. The drawings shall 

demonstrate compliance with NFPA 59A, NFPA 70, NFPA 497, and API RP 

500, or equivalents. In addition, the drawings shall include revisions to the 

electrical area classification design or provide technical justification that supports 

the electrical area classification of the following areas using most applicable API 

RP 500 figures (e.g., figures 20 and 21) or hazard modeling of various release 

rates from equivalent hole sizes and wind speeds (see NFPA 497 release rate of 1 

pound/minute) for the spill trench that will serve the portion of the LNG 

liquefaction rundown pipe rack located west of the air fin coolers, which would 

contain process piping, the spill containment systems for both marine berth areas, 

and the LNG marine transfer lines and marine trestle area. (section 4.18.9)

95. Prior to construction of final design, AGDC shall file design details and 

specifications of the local electrical rooms located within the Prudhoe Bay 

Treatment Plant’s process modules including, but not limited to, the 

pressurization system, HVAC air intake system, and any openings such as 

personnel entry door(s), electrical cable entries, and air conditioning unit(s). The 

design details and specifications shall demonstrate compliance with NFPA 59A, 

NFPA 70, NFPA 496, NFPA 497, and API RP 500, or equivalents. (section 

4.18.9)

96. Prior to construction of final design, AGDC shall file drawings and details of 

how process seals or isolations installed at the interface between a flammable 
Docket No. CP17-178-000 - 115 -

fluid system and an electrical conduit or wiring system meet the requirements of 

NFPA 59A (2001). (section 4.18.9)

97. Prior to construction of final design, AGDC shall file details of an air gap or 

vent installed downstream of process seals or isolations installed at the interface 

between a flammable fluid system and an electrical conduit or wiring system. 

Each air gap shall vent to a safe location and be equipped with a leak detection 

device that shall continuously monitor for the presence of a flammable fluid, 

alarm the hazardous condition, and shut down the appropriate systems. (section 

4.18.9)

98. Prior to construction of final design, AGDC shall file a drawing showing the 

location of the ESD buttons. ESD buttons shall be easily accessible, 

conspicuously labeled, and located in an area that will be accessible during an 

emergency. (section 4.18.9)

99. Prior to construction of final design, AGDC shall file complete drawings and a 

list of the hazard detection equipment. The drawings shall clearly show the 

location and elevation of all detection equipment. The list shall include the 

instrument tag number, type and location, alarm indication locations, and 

shutdown functions of the hazard detection equipment. (section 4.18.9)

100. Prior to construction of final design, AGDC shall file a list of alarm and 

shutdown set points for all hazard detectors that account for the calibration gas of 

the hazard detectors when determining the lower flammable limit set points for 

methane, propane, ethane, and condensate. (section 4.18.9)

101. Prior to construction of final design, AGDC shall file a list of alarm and 

shutdown set points for all hazard detectors that accounts for the calibration gas 

of hazard detectors when determining the set points for toxic components such as 

natural gas liquids and H2S. (section 4.18.9)

102. Prior to construction of final design, AGDC shall file a technical review of 

facility design that:

a. identifies all combustion/ventilation air intake equipment and the 

elevations and distances to any possible flammable gas or toxic release; 

and

b. demonstrates that these areas are adequately covered by hazard detection 

devices and indicates how these devices will isolate or shutdown any 

combustion or heating ventilation and air conditioning equipment whose 
Docket No. CP17-178-000 - 116 -

continued operation could add to or sustain an emergency. (section 

4.18.9)

103. Prior to construction of final design, AGDC shall file analysis of the buildings 

containing hazardous fluids and the ventilation calculations that limit 

concentrations below the lower flammability limits (LFLs) (e.g., 25-percent 

LFL), including an analysis of off gassing of hydrogen in battery rooms, and 

shall also provide hydrogen detectors that alarm (e.g., 20- to 25-percent LFL) and 

initiate mitigative actions (e.g., 40- to 50-percent LFL) in accordance with NFPA 

59A and NFPA 70, or equivalents. (section 4.18.9)

104. Prior to construction of final design, AGDC shall provide low oxygen 

detectors to notify operators of liquid nitrogen releases at the Liquefaction 

Facilities. (section 4.18.9)

105. Prior to construction of final design, AGDC shall provide an evaluation of the 

normal module air changes within buildings at the Prudhoe Bay Treatment Plant

and reliability of the ventilation system to determine whether oxygen detectors 

are needed as an additional layer of protection to notify operators of a potential 

nitrogen release and ensure safe entry into a module/building. The evaluation 

shall also address whether there will be alarms and notifications in the event 

ventilation equipment is not operating or functioning as designed. (section 

4.18.9)

106. Prior to construction of final design, AGDC shall file an evaluation of the 

voting logic and voting degradation for hazard detectors. (section 4.18.9)

107. Prior to construction of final design, AGDC shall file facility plan drawings 

and a list of the fixed and wheeled dry-chemical, hand-held fire extinguishers, 

and other hazard control equipment. Plan drawings shall clearly show the 

location and elevation by tag number of all fixed dry chemical systems in 

accordance with NFPA 17, wheeled and handheld extinguishers location travel 

distances are along normal paths of access and egress in accordance with NFPA 

10. The list shall include the equipment tag number, type, capacity, equipment 

covered, discharge rate, and automatic and manual remote signals initiating 

discharge of the units. (section 4.18.9)

108. Prior to construction of final design, AGDC shall file a design that includes 

clean agent systems in the instrumentation and electrical equipment buildings 

that serve safety and security systems. (section 4.18.9)

109. Prior to construction of final design, AGDC shall file facility plan drawings 

showing the proposed location of the firewater and any foam systems. Plan 
Docket No. CP17-178-000 - 117 -

drawings shall clearly show the location of firewater and foam piping, post 

indicator valves, and the location and area covered by, each monitor, hydrant, 

hose, water curtain, deluge system, foam system, water-mist system, and 

sprinkler. The drawings shall also include piping and instrumentation diagrams 

of the firewater and foam systems. The firewater coverage drawings shall 

illustrate firewater coverage by two or more hydrants or monitors accounting for 

obstructions (or deluge systems) for all areas that contain flammable or 

combustible fluids. (section 4.18.9)

110. Prior to construction of final design, AGDC shall specify remotely operated or 

automatic firewater monitors at the Liquefaction Facilities in areas inaccessible 

or difficult to access in the event of an emergency. (section 4.18.9)

111. Prior to construction of final design, AGDC shall demonstrate that the 

firewater tank will be in compliance with NFPA 22 or an equivalent or better 

level of safety. (section 4.18.9)

112. Prior to construction of final design, AGDC shall include or demonstrate the 

firewater storage volume for its facilities has minimum reserved capacity for its 

most demanding firewater scenario plus 1,000 gpm for no less than 2 hours. 

(section 4.18.9)

113. Prior to construction of final design, AGDC shall specify that firewater pump 

shelters are designed to remove the largest firewater pump or other component 

for maintenance with an overhead or external crane. (section 4.18.9)

114. Prior to construction of final design, due to the absence of firewater monitor 

coverage, AGDC shall demonstrate that the potential for pool and jet fires to 

cause cascading hazards in any area of the Prudhoe Bay Treatment Plant will be 

effectively mitigated by systems with a reliability equivalent to Safety Integrity 

Level 2 or higher. (section 4.18.9)

115. Prior to construction of final design, AGDC shall file drawings and 

specifications for the passive protection systems at the Prudhoe Bay Treatment 

Plant and Liquefaction Facilities to protect piping, equipment, and supports from 

cold temperature releases, including for liquids conveyed indoors during winter 

start-ups at design ambient temperatures at the Prudhoe Bay Treatment Plant. 

(section 4.18.9)

116. Prior to construction of final design, AGDC shall file calculations or test 

results for the structural passive protection systems at the Prudhoe Bay 

Treatment Plant and Liquefaction Facilities to demonstrate that equipment and 
Docket No. CP17-178-000 - 118 -

supports are protected from low temperature releases that are below the MDMT 

of equipment and supports. (section 4.18.9)

117. Prior to construction of final design, AGDC shall file drawings and 

specifications for the structural passive protection systems at the Prudhoe Bay 

Treatment Plant and Liquefaction Facilities to demonstrate the equipment and 

supports are protected from pool and jet fires, including that the fireproofing 

material will remain effective after potential exposure to the cold temperature of 

pooling, jetting, or splashing liquids. (section 4.18.9)

118. Prior to construction of final design, AGDC shall file a detailed quantitative 

analysis to demonstrate that adequate mitigation will be provided for each 

pressure vessel that could fail within the 4,000 BTU/ft2

-hr zone from a pool or jet 

fire; each critical structural component (including the LNG marine vessel and 

outer pipe of the pipe-in-pipe containment system) and emergency equipment 

item that could fail within the 4,900 BTU/ft2

-hr zone from a pool or jet fire; and 

each occupied building that could expose unprotected personnel within the 1,600 

BTU/ft2

-hr zone from a pool or jet fire. Trucks at truck transfer stations shall be 

included in the analysis of potential pressure vessel failures. A combination of 

passive and active protection for pool fires and passive and/or active protection 

for jet fires shall be provided and demonstrate the effectiveness and reliability.

Effectiveness of passive mitigation shall be supported by calculations or test 

results for the thickness limiting temperature rise over the fire duration, and 

active mitigation shall be supported by reliability information by calculations or 

test results, such as demonstrating that flow rates and durations of any cooling 

water will mitigate the heat absorbed by the component. The total firewater 

demand shall account for all components that could fail due to a pool or jet fire. 

(section 4.18.9)

119. Prior to construction of final design, AGDC shall provide an analysis 

demonstrating occupied buildings at the Liquefaction Facilities will be able to 

withstand radiant heats from pool fires, as well as jet fires and overpressures and 

projectiles from vapor cloud explosions from ignition of flammable vapors 

generated from a design spill release (considering the selection philosophy used 

for the Hazard Analysis Reports, without time-of-use criteria). Alternatively, 

AGDC shall file an analysis demonstrating the occupied buildings at the 

Liquefaction Facilities have been relocated or provided with passive and active 

measures that will prevent impacts. (section 4.18.9)

120. Prior to construction of final design, AGDC shall file an analysis 

demonstrating safety related equipment (e.g., firewater pump buildings, control 

buildings, and emergency generators) at the Liquefaction Facilities will be able 

to withstand radiant heats from pool fires, as well as jet fires and overpressures 
Docket No. CP17-178-000 - 119 -

and projectiles from vapor cloud explosions from ignition of flammable vapors 

generated from a design spill release (considering the selection philosophy used 

for the Hazard Analysis Reports, without time-of-use criteria). Alternatively, 

AGDC shall file an analysis demonstrating the safety related equipment at the 

Liquefaction Facilities have been relocated or provided with passive and active 

measures that will prevent impacts. (section 4.18.9)

121. Prior to construction of final design, AGDC shall file an analysis 

demonstrating the refrigerant storage vessels at the Liquefaction Facilities will be 

able to withstand radiant heats from pool fires, as well as jet fires and 

overpressures and projectiles from vapor cloud explosions from ignition of 

flammable vapors generated from a design spill release (considering the selection 

philosophy used for the Hazard Analysis Reports, without time-of-use criteria). 

Alternatively, AGDC shall file an analysis demonstrating the refrigerant storage 

vessels at the Liquefaction Facilities have been relocated or provided with 

passive and active measures that will prevent impacts. (section 4.18.9)

122. Prior to construction of final design, AGDC shall file specifications and 

drawings demonstrating how cascading damage of transformers will be 

prevented (e.g., firewalls or spacing) in accordance with NFPA 850 or 

equivalent. (section 4.18.9)

123. Prior to construction of final design, AGDC shall file an evaluation of the final 

design of grated module platforms at the Liquefaction Facilities that 

demonstrates a vapor cloud explosion of significant magnitude will not develop 

from a design spill such that it results in cascading damage that could have

impacts offsite. (section 4.18.9)

124. Prior to construction of final design, AGDC shall file an analysis 

demonstrating the LNG storage tank outer walls can withstand the overpressures 

generated from ignition of vapor clouds from design spills in adjacent plant 

areas. (section 4.18.9)

125. Prior to construction of final design, AGDC shall file a projectile analysis that 

demonstrates each LNG storage tank can withstand projectiles from explosions 

and high winds. The analysis shall detail and justify the projectile speeds and 

characteristics and method used to determine penetration or perforation depths. 

(section 4.18.9)

126. Prior to construction of final design, AGDC shall file drawings of internal road 

vehicle protections, such as guard rails, barriers, and bollards to protect all 

equipment containing hazardous fluids or that are safety related (e.g., hydrants 
Docket No. CP17-178-000 - 120 -

and monitors) to ensure that they are located away from roadway or protected 

from inadvertent damage from vehicles. (section 4.18.9)

127. Prior to construction of final design, AGDC shall file documentation 

demonstrating the Seismic Isolation system for the LNG tanks complies with the 

design, analysis, and testing requirements of Chapter 17 of ASCE 7-05, or 

equivalent. The Peer Review of the design shall be performed as required by 

Chapter 17 of ASCE 7-05, or equivalent. (section 4.18.9)

128. Prior to construction of final design, AGDC shall file an analysis of the 

structural integrity of the outer containment, tank foundation concrete slabs, tank 

base concrete slabs, and seismic isolator concrete pedestals, demonstrating they 

are designed to withstand all loads and combinations that comply with code 

requirements, including but not limited to ASCE 7-05, ACI 318, ACI 350, ACI 

376, API 620, API 625 and API 650, or equivalents. (section 4.18.9)

129. Prior to construction of final design, AGDC shall file the finite element 

analysis (FEA) modeling with the inputs and outputs reports for tanks design, 

base concrete slabs and foundation concrete slabs design, including details of 

splicing of precast concrete LNG tank panels, connections to be used between the 

outer LNG walls and the vapor barrier dome and demonstrate the results of the 

FEA modeling are within design limits. (section 4.18.9)

130. Prior to construction of final design, AGDC shall file a detailed analysis and 

any associated drawings that demonstrate seismic sliding and overturning 

resistance of the LNG tank’s inner tank would not result in failure of the tank. 

(section 4.18.9)

131. Prior to construction of final design, AGDC shall file design calculations to 

confirm the combination of overturning moment and seismic vertical acceleration 

that induce any uplift and shear of the external wall can be handled with the 

seismic tendons in combination with shear key. (section 4.18.9)

132. Prior to construction of final design, AGDC shall file the non-linear dynamic 

analysis (modal response-spectrum analysis, response-history analysis, linear 

time-history analysis, and nonlinear time-history analysis) for the LNG tank and 

isolation system that would simultaneously include the time history, vertical 

component of motion envelope, and the site-specific vertical design response 

spectra. The analysis shall also account for horizontal components rotated so 

that one of the components for each set of motions is the maximum component 

of response at the isolated period of the tank. The Peer Review of the design 

shall be performed as required by Chapter 17 of ASCE 7-05 or equivalent to 
Docket No. CP17-178-000 - 121 -

demonstrate the LNG tank and isolation system is designed to withstand ground 

motion without loss of structural or functional integrity. (section 4.18.9)

133. Prior to construction of final design, AGDC shall file design details of the 

seismic monitoring system for the proposed Liquefaction Facilities with specific 

peak ground motion data and include at least one free-field triaxial accelerometer 

at the site, as well as additional instruments on each tank and its foundation. 

(section 4.18.9)

134. Prior to construction of final design, AGDC shall file a detailed analysis and 

any associated drawings of the omega joints that will be used between the bottom 

LNG tank plate and the bottom of the outer tank wall to demonstrate the final 

tank design incorporates wall-to-base connections that are consistent with criteria 

specified in ACI 376 or equivalent. (section 4.18.9)

135. Prior to construction of final design, AGDC shall file a detailed analysis and 

any associated drawings detailing the LNG tank secondary bottom design that

demonstrates protection of the LNG tank slab and seismic isolators from any 

cryogenic temperatures it will be exposed to during a spill. (section 4.18.9)

136. Prior to construction of final design, AGDC shall file the cryogenic protection 

plan for all LNG tank foundation concrete slabs and triple pendulum seismic 

isolator concrete pedestal supports during spill condition. (section 4.18.9)

137. Prior to construction of final design, AGDC shall file the design analysis to 

determine the precast panel outer wall behavior for operating and spill conditions 

and to ensure panel and joint leak tightness. (section 4.18.9)

138. Prior to construction of final design, AGDC shall file a snow removal plan for 

critical equipment or provide calculations that prove that support structures and 

equipment adequately account for snow loads. (section 4.18.9)

139. Prior to construction of final design, AGDC shall file an analysis indicating 

areas susceptible to falling ice and snow, and file drawings of structures and 

coverings that will protect people, piping, and equipment from falling snow and 

ice. (section 4.18.9)

140. Prior to construction of final design, AGDC shall file calculations 

demonstrating the loads induced by vehicles, including cranes and other heavy 

equipment, associated with operations and maintenance of the Prudhoe Bay 

Treatment Plant and Liquefaction Facilities that may exceed the design of buried 

pipelines and utilities (or encasements) at permanent crossings will be adequately 
Docket No. CP17-178-000 - 122 -

distributed. The analysis shall be based on API RP 1102 or other approved 

methodology. (section 4.18.9)

141. Prior to commissioning, AGDC shall file a detailed schedule for commissioning 

through equipment startup. The schedule shall include milestones for all 

procedures and tests to be completed: prior to introduction of hazardous fluids 

and during commissioning and startup. AGDC shall file documentation 

certifying that each of these milestones has been completed before authorization 

to commence the next phase of commissioning and startup will be issued. 

(section 4.18.9)

142. Prior to commissioning, AGDC shall file detailed plans and procedures for: 

testing the integrity of on-site mechanical installation; functional tests; 

introduction of hazardous fluids; operational tests; and placing the equipment 

into service. (section 4.18.9)

143. Prior to commissioning, AGDC shall file the procedures for pressure/leak tests 

which address the requirements of ASME VIII and ASME B31.3. The 

procedures shall include a line list of pneumatic and hydrostatic test pressures. 

(section 4.18.9)

144. Prior to commissioning, AGDC shall file a plan for clean-out, dry-out, purging, 

and tightness testing. This plan shall address the requirements of the American 

Gas Association’s Purging Principles and Practice and shall provide justification 

if not using an inert or non-flammable gas for clean-out, dry-out, purging, and 

tightness testing. (section 4.18.9)

145. Prior to commissioning, AGDC shall file the operation and maintenance 

procedures and manuals, as well as safety procedures, hot work procedures and 

permits, abnormal operating conditions reporting procedures, simultaneous 

operational procedures, and management of change procedures and forms. In 

addition, AGDC shall include an LNG storage tank stratification monitoring, 

prevention, and correction procedure to be included as part of the operation and 

maintenance procedures. (section 4.18.9)

146. Prior to commissioning, AGDC shall file truck transfer procedures that require 

facility personnel to verify, through written checklists, ignition sources are 

eliminated (e.g., no smoking, ground wire, and engine shutoff) within at least 50 

feet prior to transfer operations; transfer connections are marked or labeled and 

match truck contents prior to transfer operations; and truck transfer operations 

are constantly attended or visually monitored to physically or remotely shut 

down truck transfer operations. In addition, the procedures shall include 
Docket No. CP17-178-000 - 123 -

recognition of abnormalities and use of emergency shutoff mechanisms. 

Operators shall be trained on these procedures and requirements. (section 4.18.9)

147. Prior to commissioning, AGDC shall tag all equipment, instrumentation, and 

valves in the field, including drain valves, vent valves, main valves, and carsealed or locked valves. (section 4.18.9)

148. Prior to commissioning, AGDC shall file a plan to maintain a detailed training 

log to demonstrate that operating, maintenance, and emergency response staff 

has completed the required training. In addition, AGDC shall file signed 

documentation that demonstrates training has been conducted, including ESD 

and response procedures, prior to the respective operation. (section 4.18.9)

149. Prior to commissioning, AGDC shall equip the LNG storage tanks and adjacent 

piping and supports with permanent settlement monitors to allow personnel to 

observe and record the relative settlement between the LNG storage tank and 

adjacent piping. The settlement record shall be reported in the semi-annual 

operational reports. (section 4.18.9)

150. Prior to commissioning, AGDC shall file settlement results from hydrostatic 

tests of the LNG storage containers and shall file a plan to periodically verify 

settlements are as expected and do not exceed applicable criteria in API 620, API 

625, API 653, and ACI 376, or equivalents. (section 4.18.9)

151. Prior to introduction of hazardous fluids, AGDC shall complete and document 

all pertinent tests (Factory Acceptance Tests, Site Acceptance Tests, Site 

Integration Tests) associated with the DCS/SIS that demonstrate full 

functionality and operability of the system. (section 4.18.9)

152. Prior to introduction of hazardous fluids, AGDC shall develop and implement 

an alarm management program to reduce alarm complacency and maximize the 

effectiveness of operator response to alarms. (section 4.18.9)

153. Prior to introduction of hazardous fluids, AGDC shall complete and document 

a firewater pump acceptance test and firewater monitor and hydrant coverage 

test. The actual coverage area from each monitor and hydrant shall be shown on 

facility plot plan(s). (section 4.18.9)

154. Prior to introduction of hazardous fluids, AGDC shall complete and document 

a pre-startup safety review to ensure that installed equipment meets the design 

and operating intent of the facility. The pre-startup safety review shall include 

any changes since the last hazard review, operating procedures, and operator 
Docket No. CP17-178-000 - 124 -

training. A copy of the review with a list of recommendations, and actions taken 

on each recommendation, shall be filed. (section 4.18.9)

155. Prior to introduction of hazardous fluids, AGDC shall file finalized ERP(s), 

including coordination with federal, state, and local agencies and neighboring 

facilities, such as the Prudhoe Bay Unit Central Gas Facility and other facilities 

handling hazardous materials, and shall include processes and procedures to be 

used in the event of an incident at the Prudhoe Bay Treatment Plant, Liquefaction 

Facilities, and neighboring facilities. (section 4.18.9)

156. AGDC shall file a request for written authorization from the Director of the OEP,

or the Director’s designee, prior to unloading or loading the first LNG 

commissioning cargo. After production of first LNG, AGDC shall file weekly 

reports on the commissioning of the proposed systems that detail the progress 

toward demonstrating the facilities can safely and reliably operate at or near the 

design production rate. The reports shall include a summary of activities, 

problems encountered, and remedial actions taken. The weekly reports shall also 

include the latest commissioning schedule, including projected and actual LNG 

production by each liquefaction train, LNG storage inventories in each storage 

tank, and the number of anticipated and actual LNG commissioning cargoes, 

along with the associated volumes loaded or unloaded. Further, the weekly 

reports shall include a status and list of all planned and completed safety and 

reliability tests, work authorizations, and punch list items. Problems of 

significant magnitude shall be reported to FERC within 24 hours. (section 

4.18.9)

157. Prior to commencement of service, AGDC shall notify FERC staff of any 

proposed revisions to the security plan and physical security of the plant. (section 

4.18.9)

158. Prior to commencement of service, AGDC shall label piping with fluid service 

and direction of flow in the field, in addition to the pipe labeling requirements of 

NFPA 59A (2001). (section 4.18.9)

159. Prior to commencement of service, AGDC shall provide plans for any 

preventative and predictive maintenance program that performs periodic or 

continuous equipment condition monitoring. (section 4.18.9)

160. Prior to commencement of service, AGDC shall develop procedures for 

handling off-site contractors, including responsibilities, restrictions, and 

limitations and for supervision of these contractors by AGDC staff. (section 

4.18.9)
Docket No. CP17-178-000 - 125 -

161. Prior to commencement of service, AGDC shall file a request for written 

authorization from the Director of the OEP, or the Director’s designee. Such 

authorization would only be granted following a determination by the Coast 

Guard, under its authorities under the Ports and Waterways Safety Act, the 

Magnuson-Stevens Act, the Marine Transportation Security Act of 2002, and the 

Security and Accountability For Every Port Act, that appropriate measures to 

ensure the safety and security of the facility and the waterway have been put into 

place by AGDC or other appropriate parties. (section 4.18.9)

In addition, conditions 162 through 165 shall apply throughout the life of the 

Liquefaction Facilities and Prudhoe Bay Treatment Plant, unless otherwise specified.

162. The facility shall be subject to regular FERC staff technical reviews and site 

inspections on at least an annual basis or more frequently as circumstances 

indicate. Prior to each FERC staff technical review and site inspection, AGDC 

shall respond to a specific information request, including information relating to 

possible design and operating conditions that may have been imposed by other 

agencies or organizations. Up-to-date detailed P&IDs reflecting facility 

modifications and provision of other pertinent information not included in the 

semi-annual reports described below, including facility events that have taken 

place since the previously submitted semi-annual report, shall be submitted. 

(section 4.18.9)

163. Semi-annual operational reports shall be filed with the Secretary to identify 

changes in facility design and operating conditions; abnormal operating 

experiences; activities (e.g., ship arrivals, quantity and composition of imported 

and exported LNG, liquefied and vaporized quantities, boil off/flash gas); and 

plant modifications, including future plans and progress thereof. Abnormalities 

shall include, but not be limited to, unloading/loading/shipping problems, 

potential hazardous conditions from off-site vessels, storage tank stratification or 

rollover, geysering, storage tank pressure excursions, cold spots on the storage 

tanks, storage tank vibrations and/or vibrations in associated cryogenic piping, 

storage tank settlement, significant equipment or instrumentation malfunctions or 

failures, non-scheduled maintenance or repair (and reasons therefore), relative 

movement of storage tank inner vessels, hazardous fluids releases, fires involving 

hazardous fluids and/or from other sources, negative pressure (vacuum) within a 

storage tank, and higher than predicted boil off rates. Adverse weather 

conditions and the effect on the facility also shall be reported. Reports shall be 

submitted within 45 days after each period ending June 30 and December 31. 

In addition to the above items, a section entitled Significant Plant Modifications 

Proposed for the Next 12 Months (dates) shall be included in the semi-annual 

operational reports. Such information would provide FERC staff with early 
Docket No. CP17-178-000 - 126 -

notice of anticipated future construction/maintenance at the Prudhoe Bay 

Treatment Plant and Liquefaction Facilities. (section 4.18.9)

164. In the event the temperature of any region of the LNG storage container, 

including any secondary containment and imbedded pipe supports, becomes less 

than the minimum specified operating temperature for the material, the 

Commission shall be notified within 24 hours and procedures for corrective 

action shall be specified. (section 4.18.9)

165. Significant non-scheduled events, including safety-related incidents (e.g., LNG, 

condensate, refrigerant, or natural gas releases; fires; explosions; mechanical 

failures; unusual over pressurization; and major injuries) and security-related 

incidents (e.g., attempts to enter site and suspicious activities) shall be reported to 

FERC staff. In the event that an abnormality is of significant magnitude to 

threaten public or employee safety, cause significant property damage, or 

interrupt service, notification shall be made immediately, without unduly 

interfering with any necessary or appropriate emergency repair, alarm, or other 

emergency procedure. In all instances, notification shall be made to FERC staff 

within 24 hours. This notification practice shall be incorporated into the

emergency plan. Examples of reportable hazardous fluids-related incidents 

include:

a. fire;

b. explosion;

c. estimated property damage of $50,000 or more;

d. death or personal injury necessitating in-patient hospitalization;

e. release of hazardous fluids for 5 minutes or more;

f. unintended movement or abnormal loading by environmental causes, such 

as an earthquake, landslide, or flood, that impairs the serviceability, 

structural integrity, or reliability of a facility that contains, controls, or 

processes hazardous fluids;

g. any crack or other material defect that impairs the structural integrity or 

reliability of a facility that contains, controls, or processes hazardous 

fluids;

h. any malfunction or operating error that causes the pressure of a pipeline 

or facility that contains or processes hazardous fluids to rise above its 
Docket No. CP17-178-000 - 127 -

maximum allowable operating pressure (or working pressure for 

facilities) plus the build-up allowed for operation of pressure-limiting or 

control devices;

i. a leak in a facility that contains or processes hazardous fluids that 

constitutes an emergency;

j. inner tank leakage, ineffective insulation, or frost heave that impairs the 

structural integrity of an LNG storage tank;

k. any safety-related condition that could lead to an imminent hazard and 

cause (either directly or indirectly by remedial action of the operator), for 

purposes other than abandonment, a 20-percent reduction in operating 

pressure or shutdown of operation of a pipeline or a facility that contains 

or processes hazardous fluids;

l. safety-related incidents from hazardous fluids transportation occurring at 

or en route to and from the Prudhoe Bay Treatment Plant or Liquefaction 

Facilities; or

m. an event that is significant in the judgment of the operator and/or 

management even though it does not meet the above criteria or the 

guidelines set forth in an LNG terminal’s incident management plan.

In the event of an incident, the Director of the OEP, or the Director’s designee, has 

delegated authority to take whatever steps are necessary to ensure operational reliability 

and to protect human life, health, property, or the environment, including authority to 

direct the facilities to cease operations. Following the initial company notification, 

FERC staff would determine the need for a separate follow-up report or follow up in the 

upcoming semi-annual operational report. All company follow-up reports shall include 

investigation results and recommendations to minimize a reoccurrence of the incident. 

(section 4.18.9)
UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

Alaska Gasline Development Corporation Docket No. CP17-178-000

(Issued May 21, 2020)

GLICK, Commissioner, dissenting:

I dissent from today’s order because it violates both the Natural Gas Act1 (NGA) 

and the National Environmental Policy Act2 (NEPA). Rather than wrestling with the 

Alaska LNG Project’s3 significant adverse impacts, today’s order makes clear that the 

Commission will not allow these impacts to get in the way of its outcome-oriented desire 

to approve the Project.

As an initial matter, the Commission once again refuses to consider the 

consequences its actions have for climate change. Although neither the NGA nor NEPA 

permit the Commission to assume away the impact that constructing and operating the 

Project will have on climate change, that is precisely what the Commission is doing here. 

In today’s order authorizing the Project, pursuant to section 3 of the NGA, the 

Commission continues to treat climate change differently than all other environmental 

impacts. The Commission steadfastly refuses to assess whether the impact of the 

Project’s greenhouse gas (GHG) emissions on climate change is significant, even though 

it quantifies the direct GHG emissions caused by the Project’s construction and 

operation.4

 That refusal to assess the significance of the Project’s contribution to the 

1 15 U.S.C. §§ 717b, 717f (2018).

2 National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321 et seq.

3 Today’s order authorizes the construction and operation of the Alaska LNG 

Project (Project) pursuant to NGA section 3, 15 U.S.C. § 717b (2018). The Project 

consists of a gas treatment plant located on Alaska’s North Slope; two natural gas 

pipelines connecting production units to the gas treatment plant as well as an 

approximately 806.9-mile-long, 42-inch-diameter pipeline (Mainline Pipeline); eight 

compressor stations along the Mainline Pipeline; and liquefaction facilities on the Kenai 

Peninsula designed to produce up to 20 million metric tons per annum of LNG for export.

4 Alaska Gasline Development Corp., 171 FERC ¶ 61,134, at P 214 (2020) 

(Certificate Order); Alaska LNG Project Final Environmental Impact Statement at § 4.15, 

Tables 4.15.4-1‒4.15.4-5, 4.15.5-1, 4.15.5-10‒4.15.5-15, 4.15.5-20 (EIS). See also 
Docket No. CP17-178-000 - 2 -

harm caused by climate change is what allows the Commission to perfunctorily conclude 

that the environmental impacts associated with the Project are “acceptable”5 and, as a 

result, conclude that the Project satisfies the NGA’s public interest standard.6 Claiming 

that a project’s environmental impacts are acceptable while at the same time refusing to 

assess the significance of the project’s impact on the most important environmental issue 

of our time is not reasoned decisionmaking.

Moreover, the Commission’s public interest analysis does not adequately wrestle 

with the Project’s adverse environmental impacts. The Commission finds that the Project 

will have a significant and adverse effect on several endangered species, the Central Artic 

Herd of caribou, permafrost, forest, and air quality for certain nationally designated 

areas.7

 Although the Commission discloses these adverse impacts, at no point does it 

explain how it considered them in making its public interest determination or why it finds 

that the Project satisfies the public interest standard notwithstanding those substantial 

impacts. Simply asserting that the Project is not inconsistent with the public interest after 

dismissively classifying all significant adverse impacts as “acceptable” without 

explanation is not reasoned decisionmaking. 

What is more, the Commission plainly lacks the record needed to make the 

necessary public interest findings. In particular, the Commission has not yet received a 

final determination from the resource agencies regarding the Project’s considerable 

adverse effects on endangered species. The fact that the Commission believes that it can 

make a public interest finding without hearing from the experts on endangered species 

tells you everything you need to know about how seriously it takes those impacts, no 

matter what the Commission says to the contrary. Actions, after all, speak louder than 

words. 

Finally, this Project is unprecedented in both scale and scope, stretching 800 miles 

across unique and fragile ecosystem of Northern Alaska. Many of the challenges 

presented by this project are first-of-their-kind and demand in-depth and rigorous 

examination.8

 Certain environmental impacts in particular are ones which the 

Certificate Order, 171 FERC ¶ 61,134 at PP 211, 213 (providing corrections to the GHG 

figures in the EIS).

5 Certificate Order, 171 FERC ¶ 61,134 at P 251.

6 Id.

7 See, e.g., id. P 25; EIS at ES-7 and 5-1.

8 Certificate Order, 171 FERC ¶ 61,134 at P 9 (“[W]e have never exerted NGA 

section 3 jurisdiction over a project of this size. However, the scope of these facilities is 
Docket No. CP17-178-000 - 3 -

Commission, and even industry, has little experience, giving us precious little to go on in 

assessing the magnitude of the impacts and designing appropriate mitigation.9

 And yet, 

the Commission is rushing to issue this certificate, while many unknowns still linger. 

I. The Commission’s Public Interest Determinations Are Not the Product of 

Reasoned Decisionmaking

The NGA’s regulation of LNG import and export facilities “implicate[s] a tangled 

web of regulatory processes” split between the U.S. Department of Energy (DOE) and 

the Commission.10 The NGA establishes a general presumption favoring the import and 

export of LNG unless there is an affirmative finding that the import or export “will not be 

consistent with the public interest.”11 Section 3 of the NGA provides for two 

independent public interest determinations: One regarding the import or export of LNG 

itself and one regarding the facilities used for that import or export. 

DOE determines whether the import or export of LNG is consistent with the 

public interest, with transactions among free trade countries legislatively deemed to be 

“consistent with the public interest.”12 The Commission evaluates whether “an 

a function of the unique nature of Alaska.”).

9 Certificate Order, 171 FERC ¶ 61,134 at PP 64, 71-74 (permafrost), 102-105 

(caribou). 

10 Sierra Club v. FERC, 827 F.3d 36, 40 (D.C. Cir. 2016) (Freeport).

11 15 U.S.C. § 717b(a); see EarthReports, Inc. v. FERC, 828 F.3d 949, 953 (D.C. 

Cir. 2016) (citing W. Va. Pub. Servs. Comm’n v. Dep’t of Energy, 681 F.2d 847, 856 

(D.C. Cir. 1982) (“NGA [section] 3, unlike [section] 7, ‘sets out a general presumption 

favoring such authorization.’”)). Under section 7 of the NGA, the Commission approves 

a proposed pipeline if it is shown to be consistent with the public interest, while under 

section 3, the Commission approves a proposed LNG import or export facility unless it is 

shown to be inconsistent with the public interest. Compare 15 U.S.C. § 717b(a) with id. 

§ 717f(a), (e).

12 15 U.S.C. § 717b(c). The courts have explained that, because the authority to 

authorize the LNG exports rests with DOE, NEPA does not require the Commission to 

consider the upstream or downstream GHG emissions that may be indirect effects of the 

export itself when determining whether the related LNG export facility satisfies section 3 

of the NGA. See Freeport, 827 F.3d at 46-47; see also Sierra Club v. FERC, 867 F.3d 

1357, 1373 (D.C. Cir. 2017) (Sabal Trail) (discussing Freeport). Nevertheless, NEPA 
Docket No. CP17-178-000 - 4 -

application for the siting, construction, expansion, or operation of an LNG terminal” is 

itself consistent with the public interest.13 Pursuant to that authority, the Commission 

must approve a proposed LNG facility unless the record shows that the facility would be 

inconsistent with the public interest.14 Today’s order fails to satisfy that standard in 

multiple respects. 

A. The Commission’s Public Interest Determination Does Not Adequately 

Consider Climate Change

In making its public interest determination, the Commission examines a proposed 

facility’s impact on the environment and public safety. A facility’s impact on climate 

change is one of the environmental impacts that must be part of a public interest 

determination under the NGA.15 Nevertheless, the Commission maintains that it need not 

consider and ultimately determine whether the Project’s contribution to climate change is 

significant because it lacks a means to do so—or at least so it claims.16 However, the 

most troubling part of the Commission’s rationale is what comes next. Based on this 

alleged inability to assess the significance of the Project’s impact on climate change, the 

Commission still concludes that all of the Project’s environmental impacts would be 

“acceptable.”17 Think about that. The Commission is simultaneously stating that it 

requires that the Commission consider the direct GHG emissions associated with a 

proposed LNG export facility. See Freeport, 827 F.3d at 41, 46.

13 15 U.S.C. § 717b(e). In 1977, Congress transferred the regulatory functions of 

NGA section 3 to DOE. DOE, however, subsequently delegated to the Commission 

authority to approve or deny an application for the siting, construction, expansion, or 

operation of an LNG terminal, while retaining the authority to determine whether the 

import or export of LNG to non-free trade countries is in the public interest. See 

EarthReports, 828 F.3d at 952-53.

14 See Freeport, 827 F.3d at 40-41.

15 See Atl. Ref. Co. v. Pub. Serv. Comm’n of N.Y., 360 U.S. 378, 391 (1959) 

(holding that the NGA requires the Commission to consider “all factors bearing on the 

public interest”); see also Sabal Trail, 867 F.3d at 1373 (explaining that the Commission 

must consider a pipeline’s direct and indirect GHG emissions because the Commission 

may “deny a pipeline certificate on the ground that the pipeline would be too harmful to 

the environment”).

16 Certificate Order, 171 FERC ¶ 61,134 at P 216; EIS at 4-1222.

17 Certificate Order, 171 FERC ¶ 61,134 at P 251.
Docket No. CP17-178-000 - 5 -

cannot assess the significance of the Project’s impact on climate change18 while 

concluding that all environmental impacts associated with the Project are acceptable and 

not inconsistent with the public interest.19 That is unreasoned and an abdication of our 

responsibility to give climate change the “hard look” that the law demands.20

It also means that the Project’s impact on climate change does not play a 

meaningful role in the Commission’s public interest determination, no matter how often 

the Commission assures us that it does. Using the approach in today’s order, the 

Commission will always conclude that a project will not have a significant environmental 

impact irrespective of that project’s actual GHG emissions or those emissions’ impact on 

climate change. If the Commission’s conclusion will not change no matter how many 

GHG emissions a project causes, those emissions cannot, as a logical matter, play a 

meaningful role in the Commission’s public interest determination. A public interest 

determination that systematically excludes the most important environmental 

consideration of our time is contrary to law, arbitrary and capricious, and not the product 

of reasoned decisionmaking. 

The failure to meaningfully consider the Project’s GHG emissions is all-the-more 

indefensible given the volume of GHG emissions at issue in this proceeding. Upon 

completion, the Project will directly release 16.3 million tons of GHG emissions per year 

with maximum methane flare, in addition to the 2.2 million tons of GHG emissions 

18 Id. P 216; see also EIS at 4-1222 (“[W]e are unable to determine the 

significance of the Project’s contribution to climate change.”).

19 Certificate Order, 171 FERC ¶ 61,134 at 251 (concluding that all environmental 

impacts associated with the project are “acceptable” and the Commission finds that the 

LNG Project is not inconsistent with the public interest).

20 See, e.g., Myersville Citizens for a Rural Cmty., Inc. v. FERC, 783 F.3d 1301, 

1322 (D.C. Cir. 2015) (explaining that agencies cannot overlook a single environmental 

consequence if it is even “arguably significant”); see also Michigan v. EPA, 135 S. Ct. 

2699, 2706 (2015) (“Not only must an agency’s decreed result be within the scope of its 

lawful authority, but the process by which it reaches that result must be logical and 

rational.” (internal quotation marks omitted)); Motor Vehicle Mfrs. Ass’n, Inc. v. State 

Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43 (1983) (explaining that agency action is 

“arbitrary and capricious if the agency has . . . entirely failed to consider an important 

aspect of the problem, [or] offered an explanation for its decision that runs counter to the 

evidence before the agency”).
Docket No. CP17-178-000 - 6 -

during the eight years of construction.21 To grasp the magnitude of these emissions, 16.3 

million metric tons amounts to an annual increase in Alaska’s total GHG emissions of 

nearly 50 percent.22 Put another way, these emissions are equivalent to the emissions of 

3.5 million vehicles, four times the number of passenger vehicles in the entire state of 

Alaska.23 The Order recognizes that climate change is “driven by accumulation of GHGs

in the atmosphere through combustion of fossil fuels (coal, petroleum, and natural gas), 

combined with agriculture, clearing of forests, and other natural sources”24 and that the 

“GHG emissions from the construction and operation of the [P]roject would increase the 

atmospheric concentration of GHGsin combination with past and future emissions from 

all other sources and contribute incrementally to future climate change impacts.”25 In 

light of this undisputed relationship between anthropogenic GHG emissions and climate 

change, the Commission must carefully consider the Project’s contribution to climate 

change when determining whether the Project is consistent with the public interest—a 

task that it entirely fails to accomplish in today’s order. The Commission’s fervent 

insistence that it took such a ‘hard look’ at climate change is no substitute for actually 

having done so.

B. The Commission’s Consideration of the Project’s Other Adverse 

Impacts Is Also Arbitrary and Capricious 

In addition, the Commission concludes that the Project will result in several 

significant, and often permanent, adverse impacts on the environment. The Project is 

expected to adversely affect six endangered species including polar bears, seals and 

whales. In addition, even with mitigation measures, the Project is expected to have a 

significant adverse impact on the Central Artic Herd of caribou, permafrost, forest, and 

21 Certificate Order, 171 FERC ¶ 61,134 at P 214; EIS at § 4.15, Tables 4.15.4-1‒

4.15.4-5 (construction emissions by construction year); Tables 4.15.5-1, 4.15.5-10‒

4.15.5-15, 4.15.5-20 (annual operational emissions). See also Certificate Order, 171 

FERC ¶ 61,134 at PP 211, 213 (providing corrections to the GHG figures in the EIS).

22 Certificate Order, 171 FERC ¶ 61,134 at P 214.

23 This figure was calculated using the U.S. Environmental Protection Agency’s 

(EPA) Greenhouse Gas Equivalencies Calculator. See U.S. Envtl. Prot. Agency, 

Greenhouse Gas Equivalencies Calculator, https://www.epa.gov/energy/greenhouse-gasequivalencies-calculator (last visited May 20, 2019).

24 EIS at 4-1220.

25 Certificate Order, 171 FERC ¶ 61,134 at P 216; EIS at 4-1221.
Docket No. CP17-178-000 - 7 -

air quality in areas such as Denali National Park.26 The Commission discloses these 

adverse impacts in the EIS and gives them a mention in today’s order.27 But the 

Commission makes no effort to wrestle with those impacts or explain how they factor 

meaningfully into the Commission’s public interest analysis. Simply deeming those 

adverse impacts to be “acceptable” without any explanation of how that conclusory 

finding supports the Commission’s public interest determination is a far cry from 

reasoned decisionmaking.

The Sierra Club makes this very point.28 The Commission responds by reciting its 

burden of proof, namely that LNG export facilities must be approved unless they are 

shown to be inconsistent with the public interest, and then pointing to the economic 

benefits that may result from the Project.29 It then summarily concludes that the Project’s 

significant adverse environmental impacts “do not amount to an affirmative showing of 

inconsistency with the public interest”30 and that all environmental impacts are 

“acceptable considering the public benefits.”31 But it never explains how it makes that 

determination or why those serious environmental consequences are acceptable given the 

Project’s benefits. Simply labeling them “acceptable” does not make it so or comply 

with our obligation to provide a rationale reached by ‘reasoned decisionmaking,’ 

including an examination of the relevant data and “‘a reasoned explanation supported by 

a stated connection between the facts found and the choice made.’”32 Indeed, the 

Commission’s willingness to brush off environmental impacts in its public interest 

analysis would seem to suggest that the Commission’s environmental analysis is more 

26 EIS at ES-7, 5-1.

27 Certificate Order, 171 FERC ¶ 61,134 at PP 25 (generally), 74 (permafrost), 91 

(forest communities), 105 (Central Artic Herd of caribou), 209 (air quality in nationally 

designated areas). 

28 Sierra Club May 22, 2017 Motion to Intervene at 4 (contending that these 

adverse environmental impacts “weigh heavily against the project’s consistency with 

public interest”).

29 Certificate Order, 171 FERC ¶ 61,134 at PP 16-17.

30 Id. P 14. 

31 Id. P 251.

32 Turlock Irrigation Dist. v. FERC, 786 F.3d 18, 25 (D.C. Cir. 2015) (quoting 

U.S. Dept. of Interior v. FERC, 952 F.2d 538, 543 (D.C. Cir. 1992)).
Docket No. CP17-178-000 - 8 -

checking the box than part of a serious effort to balance the Project’s benefits and harms 

when assessing consistency with the public interest. 

That is particularly so in this order, where the Commission makes its public 

interest finding without even bothering to wait for determination from the relevant 

resource agencies about the Project’s impact on six endangered species—the polar bear, 

humpback whale, Cook Inlet beluga whale, bearded seal, ringed seal, and spectacled 

eider.

33 I would have thought that those agencies’ final conclusions about the Project’s 

impact on these endangered would be relevant, even essential, to our public interest 

determination. The fact that the Commission will not authorize any construction on the 

Project until it receives those final conclusions is not an excuse for making a public 

interest determination without them.34 

Finally, the Commission’s public interest analysis makes no effort to recognize, 

much less wrestle with, the considerable uncertainty inherent in developing such a 

complex project in a hostile and fragile ecosystem. The “LNG export terminal” at issue, 

includes a gas processing facility located more than 800 miles away (a distance roughly 

the size of Texas at its widest point) and a connecting pipeline that runs through a vast 

swathe of the Arctic.35 The Commission has little familiarity with these circumstances, 

having only once before permitted a jurisdictional pipeline in Alaska36 and having “never 

33 The Commission currently concludes in its Biological Assessment submitted to 

the relevant Federal agencies that the Project would be “likely to adversely affect” the six 

endangered species, but would not jeopardize the population of these species. Certificate 

Order, 171 FERC ¶ 61,134 at PP 136-137. A full discussion of staff’s “likely to adversely 

affect” determinations are provided in the Biological Assessment and briefly summarized 

in the EIS at Table 4.8.1-6.

34 I recognize that the Commission need not have perfect information before 

making a public interest determination, see U.S. Dep’t of the Interior v. FERC, 952 F.2d 

538, 546 (D.C. Cir. 1992) (holding that agency need only establish a record to support its 

decisions and need not definitively resolve all environmental concerns), but today’s order 

stretches that principle past all reasonable limits in concluding that it can determine the 

public interest without meaningful input from the resource agencies about its impacts on 

these six endangered species. 

35 Certificate Order, 171 FERC ¶ 61,134 at P 4.

36 See Yukon Pacific Co. L.P., 71 FERC ¶ 61,197 (1995). Notably, the 

Commission denied a request to extend the time to commence construction of the project 

and it ultimately was never built. See Yukon Pacific Co., Docket No. CP88-105-000 

(May 14, 2010) (delegated order).
Docket No. CP17-178-000 - 9 -

exerted NGA section 3 jurisdiction over a project of this size.”37 Under such 

circumstances, one might be excused for assuming that the Commission would address 

that uncertainty in its public interest determination and adopt a conservative approach to 

managing the Project’s impacts—including rigorous mitigation measures—that reflect 

our limited experience. 

Instead, the Commission’s public interest finding makes no mention of the 

uncertainty associated with the Project or the yawning gaps in our understanding of how 

it will affect critical resources. Consider the caribou. The Commission finds that running 

an 800-mile pipeline through the middle of the range used by the Central Arctic Herd of 

caribou will have a significant adverse effect on both the animals and the communities 

that rely on them for subsistence.38 If anything, that seems like an understatement. 

Without complete information at the outset, the Commission requires the Project’s 

developer to study those effects after the Project has gone into service, with the 

opportunity to impose to-be developed mitigation measures at some point in the future in 

lieu of imposing concrete mitigation measures at this time.39 I recognize that not all the 

impacts of such an unprecedented project can be understood and accounted for a decade 

before it is built and support the effort to collect more information. Still, I would have 

thought that reasoned decisionmaking requires the Commission to account for that 

uncertainty in its public interest determination and, at the very least, explain why the

impact is “acceptable” and does not raise serious questions about whether the Project 

satisfies the statutory standard. 

II. The Commission Fails to Satisfy Its Obligations under NEPA

The Commission’s NEPA analysis of the Project’s GHG emissions is similarly

flawed. In order to evaluate the environmental consequences of the Project under NEPA, 

the Commission must consider the harm caused by its GHG emissions and “evaluate the 

‘incremental impact’ that those emissions will have on climate change or the environment 

more generally.”40 As noted, the operation of the Project will emit more than 16 million 

37 Certificate Order, 171 FERC ¶ 61,134 at P 9.

38 Id. P 105; EIS at 4-306, 4-312.

39 Certificate Order, 171 FERC ¶ 61,134 at P 107; see also id., app. envtl. 

condition 24.

40 Ctr. for Biological Diversity v. Nat’l Highway Traffic Safety Admin., 538 F.3d 

1172, 1216 (9th Cir. 2008); WildEarth Guardians v. Zinke, 368 F. Supp. 3d 41, 51 

(D.D.C. 2019) (explaining that the agency was required to “provide the information 

necessary for the public and agency decisionmakers to understand the degree to which 
Docket No. CP17-178-000 - 10 -

tons of GHG emissions per year.41 Although quantifying the Project’s GHG emissions is 

a necessary step toward meeting the Commission’s NEPA obligations, listing the volume 

of emissions alone is insufficient.42 

As an initial matter, identifying the consequences that those emissions will have 

for climate change is essential if NEPA is to play the disclosure and good government 

roles for which it was designed. The Supreme Court has explained that NEPA’s purpose 

is to “ensure[] that the agency, in reaching its decision, will have available, and will 

carefully consider, detailed information concerning significant environmental impacts” 

and to “guarantee[] that the relevant information will be made available to the larger 

audience that may also play a role in both the decisionmaking process and the 

implementation of that decision.”43 It is hard to see how hiding the ball by refusing to 

assess the significance of the Project’s climate impacts is consistent with either of those 

purposes. 

In addition, under NEPA, a finding of significance informs the Commission’s 

inquiry into potential ways of mitigating environmental impacts.44 An environmental 

[its] decisions at issue would contribute” to the “impacts of climate change in the state, 

the region, and across the country”).

41 Certificate Order, 171 FERC ¶ 61,134 at P 214; EIS at § 4.15, Tables 4.15.4-1‒

4.15.4-5 (construction emissions by construction year); Tables 4.15.5-1, 4.15.5-10‒

4.15.5-15, 4.15.5-20 (annual operational emissions). See also Certificate Order, 171 

FERC ¶ 61,134 at PP 211, 213 (providing corrections to the GHG figures in the EIS).

42 See Ctr. for Biological Diversity, 538 F.3d at 1216 (“While the [environmental 

document] quantifies the expected amount of CO2 emitted . . . , it does not evaluate the 

‘incremental impact’ that these emissions will have on climate change or on the 

environment more generally.”); Klamath-Siskiyou Wildlands Ctr. v. Bureau of Land 

Mgmt., 387 F.3d 989, 995 (9th Cir. 2004) (“A calculation of the total number of acres to 

be harvested in the watershed is a necessary component . . . , but it is not a sufficient 

description of the actual environmental effects that can be expected from logging those 

acres.”).

43 Dep’t of Transp. v. Pub. Citizen, 541 U.S. 752, 768 (2004) (citing Robertson v. 

Methow Valley Citizens Coun., 490 U.S. 332, 349 (1989)).

44 40 C.F.R. § 1502.16 (2019) (requiring an implementing agency to form a 

“scientific and analytic basis for the comparisons” of the environmental consequences of 

its action in its environmental review, which “shall include discussions of . . . [d]irect 

effects and their significance.”).
Docket No. CP17-178-000 - 11 -

review document must “contain a detailed discussion of possible mitigation measures” to 

address adverse environmental impacts.45 “Without such a discussion, neither the agency 

nor other interested groups and individuals can properly evaluate the severity of the 

adverse effects” of a project, meaning that an examination of possible mitigation 

measures is necessary to ensure that the agency has taken a “hard look” at the 

environmental consequences of the action at issue.46

The Commission responds that it need not determine whether the Project’s 

contribution to climate change is significant because “[t]here is no universally accepted 

methodology” for assessing the harms caused by the Project’s contribution to climate 

change.47 But that does not excuse the Commission’s failure to evaluate these emissions. 

As an initial matter, the lack of a single consensus methodology does not prevent the 

Commission from adopting a methodology, even if it is not universally accepted. The 

Commission could, for example, select one methodology to inform its reasoning while 

also disclosing its potential limitations or the Commission could employ multiple 

methodologies to identify a range of potential impacts on climate change. In refusing to 

assess a project’s climate impacts without a perfect model for doing so, the Commission 

sets a standard for its climate analysis that is higher than it requires for any other 

environmental impact. 

In any case, the Commission also can use its expertise to consider all factors and 

determine, quantitatively or qualitatively, whether the Project’s GHG emissions have a 

significant impact on climate change. That is precisely what the Commission does in 

other aspects of its environmental review. Consider, for example, the Commission’s 

findings that the Project will not have a significant effect on issues such as “scrub and 

45 Robertson, 490 U.S. at 351. 

46 Id. at 352. 

47 EIS at 4-1222 (“Currently, there is no universally accepted methodology to 

attribute discrete, quantifiable, physical effects on the environment to the Project’s 

incremental contribution to GHGs.”); see also Certificate Order, 171 FERC ¶ 61,134 at

PP 216 (“Without either the ability to determine discrete resource impacts or an 

established target to compare GHG emissions against, the final EIS concludes that it 

cannot determine the significance of the project’s contribution to climate change.”).
Docket No. CP17-178-000 - 12 -

herbaceous plant communities,”48 “subsistence users”49 and “forest 

communities.”50 Notwithstanding the lack of any “universally-accepted methodology” to 

assess these impacts, the Commission uses its judgment to conduct a qualitative review, 

and assess the significance of the Project’s effect on those considerations.51 The 

Commission’s refusal to, at the very least, exercise similar qualitative judgment to assess 

the significance of GHG emissions here is arbitrary and capricious.

And even if the Commission were to determine that the Project’s GHG emissions 

are significant, that is not the end of the analysis. Instead, as noted above, the 

Commission could blunt those impacts through mitigation—as the Commission often 

does with regard to other environmental impacts. The Supreme Court has held that an 

environmental review must “contain a detailed discussion of possible mitigation 

48 Certificate Order, 171 FERC ¶ 61,134 at P 89 (finding that the “impacts on 

scrub and herbaceous plant communities would be less than significant” based on a 

qualitative assessment of “the small areas affected relative to the larger watersheds and 

their shorter recovery time relative to forest communities”).

49 EIS at 4-693 (finding that the Project “could have long-term or permanent 

effects” on some subsistence users, or communities that rely on land and the resources it 

provides in support of life, “by altering caribou migration patterns” which would “result 

in a disproportionate impact on the minority and low-income populations in Utqiagvik, 

Nuiqsut, and Anaktuvuk Pass.” Notwithstanding this impact, the Commission concludes 

it “do[es] not expect those impacts would be high and adverse" without any explanation

of the universally-accepted methodology for determining what magnitude of impact 

equates to “high and adverse.”).

50 Certificate Order, 171 FERC ¶ 61,134 at PP 90-91 (finding that the Project 

would results in the permanent loss of 8,512 acres of forest and these“[i]mpacts on forest 

communities would be significant given the amount of habitat affected and the longer

recovery period for this vegetation type,” yet the Commission provides no universal 

methodology for determining that this quantity of impact would result in significant 

impacts on the environment); see also EIS at 4-282.

51 In fact, the Commission affirmatively defines this qualitative approach, stating 

that the determination of significance for all environmental impacts involves a 

consideration “the duration of the impact as well as the geographic, biological, and/or 

social context in which the effects would occur, and the intensity (e.g., severity) of the 

impact,” further acknowledging that “[t]he context and intensity vary by resource and 

impact.” EIS at 4-1.
Docket No. CP17-178-000 - 13 -

measures” to address adverse environmental impacts.52 As noted above, “[w]ithout such 

a discussion, neither the agency nor other interested groups and individuals can properly 

evaluate the severity of the adverse effects.”53 

Consistent with this obligation, the EIS discusses mitigation measures to ensure 

that the Project’s adverse environmental impacts (other than its GHG emissions) are 

reduced to less-than-significant levels.54 And throughout today’s order, the Commission 

uses its broad conditioning authority under section 3 of the NGA55 to implement these 

mitigation measures, which support its public interest finding.56 Despite this use of our 

conditioning authority to mitigate adverse impacts, the Project’s climate impacts continue 

to be treated differently, as the Commission refuses to identify any potential climate 

mitigation measures or discuss how such measures might affect the magnitude of the 

Project’s impact on climate change.

Finally, the Commission’s refusal to seriously consider the significance of the 

impact of the Project’s GHG emissions is even more mystifying because NEPA “does not 

dictate particular decisional outcomes.”57 NEPA “‘merely prohibits uninformed—rather 

than unwise—agency action.’”58 The Commission could find that a project contributes 

significantly to climate change, but that it is nevertheless in the public interest because its 

benefits outweigh its adverse impacts, including on climate change. In other words, 

52 Robertson, 490 U.S. at 351.

53 Id. at 351-52; see also 40 C.F.R. § 1508.20 (2019) (defining mitigation); id.

§ 1508.25 (including in the scope of an environmental impact statement mitigation 

measures).

54 See, e.g., Certificate Order, 171 FERC ¶ 61,134 at n.39 (generally), PP 124, 128 

(Essential Fish Habitat), 163 (visual resources).

55 15 U.S.C. § 717b(e)(3)(A); Certificate Order, Certificate Order, 171 FERC ¶ 

61,134 at P 250 (“[T]he Commission has the authority to take whatever steps are 

necessary to ensure the protection of environmental resources . . . , including authority to 

impose any additional measures deemed necessary to ensure continued compliance with 

the intent of the conditions of the order.”).

56 See Certificate Order, 171 FERC ¶ 61,134 at P 250 (explaining that the 

environmental conditions ensure that the Project’s environmental impacts are consistent 

with those anticipated by the environmental analysis).

57 Sierra Club v. U.S. Army Corps of Engineers, 803 F.3d 31, 37 (D.C. Cir. 2015).

58 Id. (quoting Robertson, 490 U.S. at 351).
Docket No. CP17-178-000 - 14 -

taking the matter seriously—and rigorously examining a project’s impacts on climate 

change—does not necessarily prevent any of my colleagues from ultimately concluding 

that a project satisfies the relevant public interest standard. 

For these reasons, I respectfully dissent.

______________________________

Richard Glick

Commissioner
UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

Alaska Gasline Development Corporation Docket No. CP17-178-000

(Issued May 21, 2020)

McNAMEE, Commissioner, concurring: 

Today’s order grants Alaska Gasline Development Corporation (AGDC) 

authorization under section 3 of the Natural Gas Act (NGA)1 to site, construct, and 

operate the Alaska LNG Project (Project).2

 The Project will consist of a gas treatment 

plant located in the Prudhoe Bay Unit of Alaska’s North Slope, and two natural gas 

pipelines connecting production units to the gas treatment plant; an approximately 806.9-

mile-long, 42-inch-diameter mainline pipeline capable of transporting up to 3.9 billion 

cubic feet of gas per day from the gas treatment plant to the liquefaction facilities; 

344,000 horsepower of compression located at eight compressor stations along the 

mainline pipeline; and liquefaction facilities on the Kenai Peninsula designed to produce 

up to 20 million metric tons per annum of liquefied natural gas (LNG) for export.3

 

I fully support the order as it complies with the Commission’s statutory 

responsibilities under the NGA and National Environmental Policy Act (NEPA). The 

order determines that the siting, construction, and operation of the Project is not 

inconsistent with the public interest.4

 The order also finds that the environmental impacts 

associated with the Project are acceptable.5

 Further, consistent with the holding in Sierra 

Club v. FERC (Sabal Trail),6 the Commission quantified and considered the direct and 

1 15 U.S.C. § 717b(e) (2018) (“The Commission shall have the exclusive authority 

to approve or deny an application for the siting, construction, or operation of an LNG 

terminal.”). 

2 Alaska Gasline Development Corp., 171 FERC ¶ 61,134 (2020). 

3 Id. P 3. 

4 Id. P 17. 

5 Id. P 251. 

6 867 F.3d 1357 (D.C. Cir. 2017).
Docket No. CP17-178-000 - 2 -

indirect greenhouse gases (GHGs) emitted during the construction and operation of the 

Project.7

Although I fully support today’s order authorizing the Project, I write separately to 

address what I perceive to be a misinterpretation of the Commission’s authority under the 

NGA and NEPA. There have been contentions that the NGA authorizes the Commission 

to establish measures to mitigate project-related GHG emissions, and that the 

Commission violates the NGA and NEPA by not determining whether GHG emissions 

significantly affect the environment. I disagree.

I believe that the Commission can consider project-related emissions in its NGA 

section 3 public interest determination and is required to consider them in its NEPA 

analysis. However, the Commission has no reasoned basis to determine whether GHG 

emissions will have a significant effect on climate change nor the authority to establish its 

own basis for making such a determination. Further, the Commission does not have the 

authority to unilaterally establish measures to mitigate GHG emissions. It is my intention 

that my discussion below will assist the Commission, the courts, and other parties in their 

arguments regarding the Commission’s consideration of a project’s effect on climate 

change. 

I. The Commission has no standard for determining whether GHG emissions 

significantly affect the environment

Commenters argue that the Commission violates the NGA and NEPA by not 

determining the significance of GHG emissions that are effects of the Project.8

 My 

colleague has made similar arguments.9

 He has challenged the Commission’s 

explanation that it cannot determine significance because there is no standard for 

determining the significance of GHG emissions.10 He has argued that the Commission 

can adopt the Social Cost of Carbon11 to determine whether GHG emissions are 

significant or rely on its own expertise as it does for other environmental resources, such 

7 Id. PP 213-216 

8 See, e.g., Institute for Policy Integrity et al. October 3, 2019 Comments at 1. 

9 See Annova LNG Common Infrastructure, LLC, 169 FERC ¶ 61,132 (Glick, 

Comm’r, dissenting at PP 2, 5, 14) (Annova Dissent). 

10 Id. P 16. 

11 Id. P 17.
Docket No. CP17-178-000 - 3 -

as visual resources and surface water resources.

12 He has suggested that the Commission 

does not make a finding of significance in order to conclude that a project is not 

inconsistent with the public interest.

13

I disagree with these contentions. The Social Cost of Carbon is not a suitable 

method for determining whether GHG emissions that are caused by a proposed project 

will have a significant effect on climate change and the Commission has no authority or 

reasoned basis using its own expertise to make such a determination.

A. Social Cost of Carbon is not a suitable method to determine 

significance

The Commission has found, and I agree, that the Social Cost of Carbon is not a 

suitable method for the Commission to determine significance of GHG emissions.14 

Because the courts have repeatedly upheld the Commission’s reasoning,15 I will not 

restate the Commission’s reasoning here. 

However, I will address the suggestion that the Social Cost of Carbon can translate 

a project’s impact on climate change into “concrete and comprehensible terms” that will 

12 Id. P 18 n.289.

13 Id. P 5. 

14 Fla. Se. Connection, LLC, 162 FERC ¶ 61,233, at P 48 (2018).

15 Appalachian Voices, 2019 WL 847199, *2; EarthReports, Inc. v. FERC, 828 

F.3d 949, 956 (D.C. Cir. 2016); Sierra Club v. FERC, 672 F. App’x 38, (D.C. Cir. 2016); 

see also 350 Montana v. Bernhardt, No. CV 19-12-M-DWM, 2020 WL 1139674, *6 (D. 

Mont. March 9, 2020) (upholding the agency’s decision to not use the Social Cost of 

Carbon because it is too uncertain and indeterminate to be useful); Citizens for a Healthy 

Cmty. v. U.S. Bureau of Land Mgmt., 377 F. Supp. 3d 1223, 1239-41 (D. Colo. 2019) 

(upholding the agency’s decision to not use the Social Cost of Carbon); WildEarth 

Guardians v. Zinke, 368 F. Supp. 3d 41, 77-79 (D.D.C. 2019) (upholding the agency’s 

decision to not use the Social Cost of Carbon); High Country Conservation Advocates v. 

U.S. Forest Serv., 333 F. Supp. 3d 1107, 1132 (D. Colo. 2018) vacated and remanded on 

other grounds 2020 WL 994988 (10th Cir. March 2, 2020) (“[T]he High Country 

decision did not mandate that the Agencies apply the social cost of carbon protocol in 

their decisions; the court merely found arbitrary the Agencies’ failure to do so without 

explanation.”).
Docket No. CP17-178-000 - 4 -

help inform agency decision-makers and the public at large.16 The Social Cost of 

Carbon, described as an estimate of “the monetized damages associated with an 

incremental increase in carbon emissions in a given year,”17 may appear straightforward. 

On closer inspection, however, the Social Cost of Carbon and its calculated outputs are 

not so simple to interpret or evaluate.18 When the Social Cost of Carbon estimates that 

one metric ton of CO2 costs $12 (the 2020 cost for a discount rate of 5 percent),19 agency 

decision-makers and the public have no basis or benchmark to determine whether that 

cost is significant. Bare numbers standing alone simply cannot ascribe significance.

 

B. The Commission has no authority or reasoned basis to establish its own 

framework

Some argue that the lack of externally established targets does not relieve the 

Commission from establishing a framework or targets on its own. Some have suggested 

that the Commission can make up its own framework, citing the Commission’s 

framework for determining return on equity (ROE) as an example. However, they 

overlook the fact that Congress designated the U.S. Environmental Protection Agency 

(EPA), not the Commission, with exclusive authority to determine the amount of 

16 Annova Dissent P 17. 

17 Interagency Working Group on the Social Cost of Greenhouse Gases, Technical 

Support Document – Technical Update of the Social Cost of Carbon for Regulatory

Impact Analysis – Under Executive Order 12866 at 1 (Aug. 2016), https://www.

epa.gov/sites/production/files/2016-12/documents/sc_co2_tsd_august_2016.pdf

(2016 Technical Support Document).

18 In fact, the website for the Climate Framework for Uncertainty Negotiation and 

Distribution (FUND) – one of the three integrated assessment models that the Social Cost 

of Carbon uses – states “[m]odels are often quite useless in unexperienced hands, and 

sometimes misleading. No one is smart enough to master in a short period what took 

someone else years to develop. Not-understood models are irrelevant, half-understood 

models are treacherous, and mis-understood models dangerous.” FUND-Climate 

Framework for Uncertainty, Negotiation and Distribution, http://www.fund-model.org/

(LAST VISITED Nov. 18, 2019). 

19 See 2016 Technical Support Document at 4. The Social Cost of Carbon 

produces wide-ranging dollar values based upon a chosen discount rate, and the 

assumptions made. The Interagency Working Group on Social Cost of Greenhouse 

Gases estimated in 2016 that the Social Cost of one ton of carbon dioxide for the year 

2020 ranged from $12 to $123. Id. 
Docket No. CP17-178-000 - 5 -

emissions that are harmful to the environment. In addition, there are no available 

resources or agency expertise upon which the Commission could reasonably base a 

framework or target.

As I explain below, Congress enacted the Clean Air Act to establish an allencompassing regulatory program, supervised by the EPA to deal comprehensively with 

interstate air pollution. Section 111 of the Clean Air Act directs the Administrator of the 

EPA to identify stationary sources that “in his judgment cause[], or contribute[] 

significantly to, air pollution which may reasonably be anticipated to endanger public 

health or welfare”20 and to establish standards of performance for the identified stationary 

sources.21 Thus, the EPA has exclusive authority for determining whether emissions 

from pipeline facilities will have a significant effect on the environment and for 

establishing an emissions control regime. 

Further, the Commission is not positioned to unilaterally establish a standard for 

determining whether GHG emissions will significantly affect the environment when there 

is neither federal guidance nor an accepted scientific consensus on these matters.22 This 

inability to find an acceptable methodology is not for a lack of trying. The Commission 

reviews the climate science, state and national targets, and climate models that could 

inform its decision-making.23

20 42 U.S.C. § 7411(b)(1)(A) (2018). 

21 Id. § 7411(b)(1)(B). 

22 The Council on Environmental Quality’s 2019 Draft Greenhouse Gas Guidance 

states, “[a]gencies need not undertake new research or analysis of potential climate 

effects and may rely on available information and relevant scientific literature.” CEQ, 

Draft National Environmental Policy Act Guidance on Consideration of Greenhouse Gas 

Emissions, 84 Fed. Reg. 30,097, 30,098 (June 26, 2019); see also CEQ FINAL GUIDANCE 

FOR FEDERAL DEPARTMENTS AND AGENCIES ON CONSIDERATION OF GREENHOUSE GAS 

EMISSIONS AND THE EFFECTS OF CLIMATE CHANGE IN NATIONAL ENVIRONMENTAL 

POLICY ACT REVIEWS at 22 (Aug. 1, 2016) (“agencies need not undertake new research 

or analysis of potential climate change impacts in the proposed action area, but may 

instead summarize and incorporate by reference the relevant scientific literature”), 

https://ceq.doe.gov/docs/ceq-regulations-and-guidance/nepa_final_ghg_guidance.pdf.

23 Fla. Se. Connection, LLC, 162 FERC ¶ 61,233, at P 36; see also WildEarth 

Guardians, 738 F.3d 298, 309 (D.C. Cir. 2013) (“Because current science does not allow 

for the specificity demanded by the Appellants, the BLM was not required to identify 

specific effects on the climate in order to prepare an adequate EIS.”).
Docket No. CP17-178-000 - 6 -

Moreover, assessing the significance of project effects on climate change is unlike 

the Commission’s determination of ROE. Establishing ROE has been one of the core 

functions of the Commission since its inception under the FPA as the Federal Power 

Commission.24 And, setting ROE has been an activity of state public utility 

commissions, even before the creation of the Federal Power Commission.25 The 

Commission’s methodology is also founded in established economic theory.26 In 

contrast, assessing the significance of GHG emissions is not one of the Commission’s 

core missions and there is no suitable methodology for making such determination. 

It has been argued that the Commission can establish its own methodology for 

determining significance, pointing out that the Commission has determined the 

significance of effects on visual resources and surface water resources using its own 

expertise and without generally accepted significance criteria or a standard methodology. 

I disagree. As an initial matter, it is important to note that when the Commission 

states it has no suitable methodology for determining the significance of GHG emissions, 

the Commission means that it has no reasoned basis for making such finding. The 

Commission’s findings regarding significance for visual resources and surface water 

resources have a reasoned basis. For example for impacts to visual resources, the 

Commission reasonably finds that project construction and operation would not 

significantly affect visual resources based on the Final Environmental Impact 

Statement’s (EIS) assessment using the U.S. Bureau of Land Management’s (BLM) 

Visual Resource Management System. The Visual Resource Management System 

provides a process for assessing visual impacts, including defining the management 

directives for each landscape, conducting simulations of future visual conditions at key 

observation points, describing the contrast the Project would create, and then describing 

visual impacts based on the degree to which contrast affects the ability to achieve visual 

24 Hope, 320 U.S. 591 (1944); FPC v. Nat. Gas Pipeline Co. of America, 315 U.S. 

575 (1942). 

25 See, e.g., Willcox v. Consol. Gas Co., 212 U.S. 19, 41 (1909) (finding New York 

State must provide “a fair return upon the reasonable value of the property at the time it is 

being used for the public.”). 

26 Inquiry Regarding the Commission’s Policy for Determining Return on Equity, 

166 FERC ¶ 61,207 (2019) (describing the Commission’s use of the Discounted Cash 

Flow model that was originally developed in the 1950s as a method for investors to 

estimate the value of securities). 
Docket No. CP17-178-000 - 7 -

resource objectives.27 Given that visual conditions cannot be evaluated from every 

possible viewpoint, BLM requires the identification of key observation points, which 

may include “critical viewpoints,” “typical views encountered in representative 

landscapes,” and “any special project or landscape features.”28 

To assess the Project’s visual impacts, AGDC together with the National Park 

Service identified a total of 91 key observation points.29 Using definitions provided in 

BLM Manual H-8431, the Final EIS determines whether impacts to each key observation 

point would be high, moderate, or low, or whether there would be no effect.30 Of the 

91 identified key observation points, the Final EIS states that project construction would 

have a high impact on 11 key observation points and project operation would have a high 

impact on 9 key observation points.31 For selected key observations points, including 

those with anticipated high impacts, the Final EIS then discusses AGDC’s proposed 

mitigation, such as AGDC’s implementation of its Project Revegetation Plan and Project 

Lighting Plan.

32 Based on this information, the Commission was able to anticipate the 

effect that the Project would have on existing visual resources and made a reasoned 

finding that the Project’s effect on visual resources would not significantly affect existing 

visual resources. 

In contrast, the Commission cannot anticipate the effects that the Project would 

have on the existing climate, and, thus, has no reasoned basis to determine whether a 

project has a significant effect on the climate. The Commission can only quantify the 

amount of project emissions. That calculated number, however, cannot inform the 

Commission on the specific effects that the Project could have on climate change, e.g., 

increase of sea level rise, effect on weather patterns, or effect on ocean acidification. Nor 

27 Final EIS at 4-598 – 4-599.

28 Id. at 4-588 (quoting Bureau of Land Management, BLM Manual H-8431 —

Visual Resource Contrast Rating (1986), available at 

http://blmwyomingvisual.anl.gov/docs/BLM_VCR_8431.pdf).

29 Id. at 4-588. 

30 Id. at 4-603.

31 Id. at 4-620. 

32 Id. at Table 4.10.2-2; see also id. at 4-603 (“BLM Manual H-8431 states 

‘mitigating measures should be prepared for all adverse contrasts that can be reduced.’”).
Docket No. CP17-178-000 - 8 -

are there acceptable scientific models that the Commission may use to attribute every ton 

of GHG emissions to a specific physical climate change effect. 

Without adequate support or a reasoned target, the Commission cannot ascribe 

significance to particular amounts of GHG emissions. To do so would not only exceed 

our agency’s authority, but would risk reversal upon judicial review. Courts require 

agencies to “consider[] the relevant factors and articulate[] a rational connection between 

the facts found and the choice made.”33 Simply put, stating that an amount of GHG 

emissions appears significant without any reasoned support fails to meet the agency’s 

obligations under the Administrative Procedure Act (APA). 

II. The NGA does not contemplate the Commission establishing mitigation for 

GHG emissions from LNG Facilities 

There have also been contentions that the Commission should require the 

mitigation of GHG emissions related to the authorized facilities.

34 I understand these

suggestions as proposing a carbon emissions fee, offsets or tax (similar to the Corps’ 

compensatory wetland mitigation program), technology requirements (such as scrubbers), 

or emission caps. Some argue that the Commission can require such mitigation under 

NGA section 3(e)(3)(A), which provides “the Commission may approve an application . . 

. in whole or in part, with such modifications and upon such terms and conditions the 

Commission find necessary or appropriate.”35

I disagree. The Commission cannot interpret NGA section 3(e)(3)(A) to allow the 

Commission to unilaterally establish measures to mitigate GHG emissions because 

Congress, through the Clean Air Act, assigned the EPA and the States exclusive authority 

to establish such measures. Congress designated the EPA as the expert agency “best 

33 City of Tacoma v. FERC, 460 F.3d 53, 76 (D.C Cir. 2006) (quoting Ariz. Cattle 

Growers’ Ass’n v. FWS, 273 F.3d 1229, 1235-36 (9th Cir. 2001)); see also American 

Rivers v. FERC, 895 F.3d 32, 51 (D.C. Cir. 2018) (“ . . . the Commission’s NEPA 

analysis was woefully light on reliable data and reasoned analysis and heavy on 

unsubstantiated inferences and non sequiturs”) (italics in original); Found. for N. Am. 

Wild Sheep v. U.S. Dep’t of Agr., 681 F.2d 1172, 1179 (9th Cir. 1982) (“The EA provides 

no foundation for the inference that a valid comparison may be drawn between the 

sheep’s reaction to hikers and their reaction to large, noisy ten-wheel ore trucks.”).

34 Annova Dissent P 19. 

35 15 U.S.C. § 717b(e)(3)(A) (2018).
Docket No. CP17-178-000 - 9 -

suited to serve as primary regulator of greenhouse gas emissions,” 36 not the Commission.

The Clean Air Act establishes an all-encompassing regulatory program, supervised 

by the EPA to deal comprehensively with interstate air pollution.37 Congress entrusted 

the Administrator of the EPA with significant discretion to determine appropriate 

emissions measures. Congress delegated the Administrator the authority to determine 

whether pipelines and other stationary sources endanger public health and welfare; 

section 111 of the Clean Air Act directs the Administrator of the EPA “to publish (and 

from time to time thereafter shall revise) a list of categories of stationary sources. He 

shall include a category of sources in such list if in his judgment it causes, or contributes 

significantly to, air pollution which may reasonably be anticipated to endanger public 

health or welfare”38 and to establish standards of performance for the identified stationary 

sources.39 The Clean Air Act requires the Administrator to conduct complex balancing 

when determining a standard of performance, taking into consideration what is 

technologically achievable and the cost to achieve that standard.40

In addition, the Clean Air Act allows the Administrator to “distinguish among 

classes, types, and sizes within categories of new sources for the purpose of establishing 

such standards.”41 The Act also permits the Administrator, with the consent of the 

Governor of the State in which the source is to be located, to waive its requirements “to 

encourage the use of an innovative technological system or systems of continuous 

emission reduction.”42

Congress also intended that states would have a role in establishing measures to 

mitigate emissions from stationary sources. Section 111(f) notes that “[b]efore 

promulgating any regulations . . . or listing any category of major stationary sources . . . 

the Administrator shall consult with appropriate representatives of the Governors and of 

36 American Elec. Power Co., Inc. v. Conn., 564 U.S. 410, 428 (2011). 

37 See id. at 419.

38 42 U.S.C. § 7411(b)(1)(A) (2018) (emphasis added). 

39 Id. § 7411(b)(1)(B). 

40 Id. § 7411(a)(1). 

41 Id. § 7411(a)(2). 

42 Id. § 7411(j)(1)(A). 
Docket No. CP17-178-000 - 10 -

State air pollution control agencies.”43

Thus, the text of the Clean Air Act demonstrates it is improbable that NGA 

section 3(e)(3)(A) allows the Commission to establish GHG emission standards or 

mitigation measures out of whole cloth. To argue otherwise would defeat the significant 

discretion and complex balancing that the Clean Air Act entrusts in the EPA 

Administrator, and would eliminate the role of the States. 

Furthermore, to argue that the Commission may use its NGA conditioning 

authority to establish GHG emission mitigation—a field in which the Commission has no 

expertise—and address climate change—an issue that has been subject to profound 

debate across our nation for decades—is an extraordinary leap. The Supreme Court’s 

“major rules” canon advises that agency rules on issues that have vast economic and 

political significance must be treated “with a measure of skepticism” and require 

Congress to provide clear authorization.44 The Court has articulated this canon because 

Congress does not “hide elephants in mouseholes”45 and “Congress is more likely to have 

focused upon, and answered, major questions, while leaving interstitial matters to answer 

themselves in the course of the statute’s daily administration.”46 

Courts would undoubtedly treat with skepticism any attempt by the Commission 

to establish out of whole cloth measures to mitigate GHG emissions. Congress has 

43 Id. § 7411(f)(3). 

44 Util. Air Regulatory Grp. v. EPA, 573 U.S. 302, 324 (2014); FDA v. Brown & 

Williamson Tobacco Corp, 529 U.S. 120, 160 (2000) (“Congress could not have intended 

to delegate a decision of such economic and political significance to an agency in so 

cryptic a fashion.”); see also Gonzales v. Oregon, 546 U.S. 243, 267-68 (2006) (finding 

regulation regarding issue of profound debate suspect).

45 Whitman v. American Trucking Ass., 531 U.S. 457, 468 (2001).

46 FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 159 (quoting Justice 

Breyer, Judicial Review of Questions of Law and Policy, 38 ADMIN. L. REV. 363, 370 

(1986)); see also Abbe R. Gluck & Lisa Schultz Bressman, Statutory Interpretation from 

the Inside—An Empirical Study of Congressional Drafting, Delegation, and the Canons: 

PART I, 65 STAN. L. REV. 901, 1004 (2013) (“Major policy questions, major economic 

questions, major political questions, preemption questions are all the same. Drafters 

don’t intend to leave them unresolved.”) 
Docket No. CP17-178-000 - 11 -

introduced climate change bills since at least 1977,47 over four decades ago. Over the last 

15 years, Congress has introduced and failed to pass 70 legislative bills to reduce GHG 

emissions—29 of those were carbon emission fees or taxes.48 For the Commission to 

suddenly declare such power resides in the long-extant NGA and that Congress’s efforts 

were superfluous strains credibility. Requiring LNG facilities and related pipelines to 

pay a carbon emissions fee or tax, or to invest in GHG mitigation would be a major rule, 

and Congress has made no indication that the Commission has such authority. 

Some may make the argument that the Commission can require mitigation without 

establishing a standard. I disagree. Establishing mitigation measures requires 

determining how much mitigation is required – i.e., setting a limit, or establishing a 

standard, that quantifies the amount of GHG emissions that will adversely affect the 

environment. Some may also argue that the Commission has unilaterally established 

mitigation in other contexts, including wetlands, soil conservation, and noise. These 

examples, however, are distinguishable. Congress did not exclusively assign the 

authority to establish avoidance or restoration measures for mitigating effects on 

wetlands or soil to a specific agency. The Corps and the EPA developed a wetlands 

mitigation bank program pursuant to section 404 of the Clean Water Act.49 Congress 

endorsed such mitigation.50 As for noise, the Clean Air Act assigns the EPA 

Administrator authority over determining the level of noise that amounts to a public 

nuisance and requires federal agencies to consult with the EPA when its actions exceed 

the public nuisance standard.51 The Commission complies with the Clean Air Act by 

47 National Climate Program Act, S. 1980, 95th Cong. (1977).

48 CONGRESSIONAL RESEARCH SERVICE, MARKET-BASED GREENHOUSE GAS 

EMISSION REDUCTION LEGISLATION: 108TH THROUGH 116TH CONGRESSES at 3 (Oct. 23, 

2019), https://fas.org/sgp/crs/misc/R45472.pdfhttps://fas.org/sgp/crs/misc/R45472.pdf. 

Likewise, the CEQ issued guidance on the consideration of GHG emissions in 2010, 

2014, 2016, and 2019. None of those documents require, let alone recommend, that an 

agency establish a carbon emissions fee or tax. 

49 33 U.S.C. § 1344 (2018). 

50 See Water Resources Development Act, Pub. L. 110-114, § 2036(c), 121 Stat. 

1041, 1094 (2007); National Defense Authorization Act, Pub. L. 108-136, § 314, 117 

Stat. 1392, 1430 (2004); Transportation Equity Act for the 21st Century, Pub. L. 105-

178, § 103 (b)(6)(M), 112 Stat. 107, 133 (1998); Water Resources Development Act of 

1990, Pub. L. 101-640, § (a)(18)(C), 104 Stat. 4604, 4609 (1990).

51 42 U.S.C. § 7641(c) (“In any case where any Federal department or agency is 

carrying out or sponsoring any activity resulting in noise which the Administrator 
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requiring project noise levels in certain areas to not exceed 55 dBA Ldn, as required by 

EPA’s guidelines.52

Accordingly, there is no support that the Commission can use its NGA section 3

authority to establish measures to mitigate GHG emissions from LNG facilities.

III. Conclusion

In sum, the Commission has no reasoned basis for determining whether GHG 

emissions are significant that would satisfy the Commission’s APA obligations. Nor 

does the Commission have the ability to establish measures to mitigate GHG emissions. 

Pursuant to the Clean Air Act, Congress exclusively assigned authority to regulate

emissions to the EPA and the States. 

I recognize that some believe the Commission should do more to address climate 

change. The Commission, an energy agency with a limited statutory authority, is not the 

appropriate authority to establish a new regulatory regime.

For these reasons, I respectfully concur.

______________________________

Bernard L. McNamee

determines amounts to a public nuisance or is otherwise objectionable, such department 

or agency shall consult with the Administrator to determine possible means of abating 

such noise.”). 

52 See Williams Gas Pipelines Cent., Inc., 93 FERC ¶ 61,159, at 61,531-52 (2000).