FERC chair says interim "8 71" waiver aims to stop automatic stays that delayed pipeline construction

The Federal Energy Regulatory Commission announced an interim suspension or waiver of a policy referenced in the transcript as "8 71," the chairman said, because the provision had been used to obtain automatic stays that delayed construction on pipeline projects.

"The reason we went ahead and suspended or waived, 8 71 is it had become basically a tool to get an automatic, stay on a project during rehearing," the chairman said. He said that misuse turned a provision intended to protect an individual property owner facing imminent domain into a broad tactic used by groups opposed to projects.

The chairman emphasized the waiver is not a final rule: FERC will follow a public comment process before issuing a final decision. He said the waiver does not end the rehearing process and does not eliminate the ability for opponents to oppose projects; it removes the automatic stay mechanism that had been widely used. "An individual property owner can still seek to get that stay if they're facing eminent domain," he said, but such stays will be decided on a case-by-case basis rather than granted automatically.

Why it matters: The interim change addresses a procedural tool that stakeholders said had delayed construction timelines. By removing an automatic stay, FERC aims to shorten the period between rehearing requests and the ability of a project sponsor to proceed, while preserving individualized protections for landowners facing imminent domain.

What happens next: The chairman said the final rule will come only after the public-comment period. He did not provide a timetable beyond noting the commission had taken this interim action; reporters raised follow-up questions about which projects would be affected and how landowners or local opponents should respond while the rulemaking proceeds.

All quoted or attributed statements are from the transcript and limited to speakers recorded in the session.