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CHAPTER XV-OFFICE OF THE FEDERAL INSPECTOR FOR THE ALASKA NATURAL GAS
SUBCHAPTER A GENERAL PROVISIONS
Part 1500 1502 1504 1506 1530
Functions, powers and duties
SUBCHAPTER C-ENFORCEMENT PROCEDURES
Page 828 834 836 849 864
Enforcement procedures for regulations requiring
equal opportunity during planning, construction,
handicap in programs or activities conducted by
PART 1500-FUNCTIONS, POWERS
(b) The Official Seal of the OFI is illustrated as follows:
Subpart A-General Provisions
Sec. 1500.101 Purpose. 1500.102 Seal.
Subpart B-Creation and Authority 1500.201 Summary. 1500.202 Statutory background.
Subpart B-Creation and Authority
Subpart C-Functions and Duties 1500.301 Summary. 1500.302 General monitoring and oversight. 1500.303 Permit scheduling and coordina
tion. 1500.304 Approval of systems, plans, and de
sign. 1500.305 Cost control. 1500.306 Enforcement of Federal laws.
AUTHORITY: Alaska Natural Gas Transportation Act, 15 U.S.C. 719; Decision and Report to Congress on the Alaska Natural Gas Transportation System, Executive Office of the President, Energy Policy and Planning, Issued September 22, 1977; Reorganization Plan No. 1 of 1979, 44 FR 33663 (June 12, 1979); Executive Order 12142 of June 21, 1979, 44 FR 36927 (June 25, 1979); and 5 U.S.C. 552(a)(1).
SOURCE: 46 FR 22328, Apr. 16, 1981, unless otherwise noted.
Subpart A-General Provisions
$ 1500.101 Purpose.
This part is intended to provide a general description of the functions, powers, and duties of the Office of the Federal Inspector for the Alaska Natural Gas Transportation System (OFI). $ 1500.102 Seal.
(a) The OFI has adopted an official seal of which judicial notice shall be taken. Its description is as follows: A blue circle encircled by a blue band with the words “Office of the Federal Inspector, Alaska Natural Gas Transportation System" encircling the blue band. Inside the circle, in white, are the letters "FI”. Above the letters are three white symbols representing natural gas flames. The symbols get progressively smaller from left to right.
8 1500.201 Summary.
(a)(1) Congress, in its 1976 legislation clearing the way for the Alaska Natural Gas Transportation System (ANGTS), included the requirement that a Federal Inspector be appointed to assure that the project be built as timely as possible, without excessive cost overruns, and with minimal harm to the enviromnent.
(2) OFI was established pursuant to the Alaska Natural Gas Transportation Act of 1976 (ANGTA), 15 U.S.C. 719; Reorganization Plan No. 1 of 1979, 44 FR 33663 (June 12, 1979); and Executive Order No. 12142, 44 FR 36927 (June 25, 1979).
(b) The Alaska Natural Gas Transportation System (ANGTS) is the statutory designation for the system chosen by the President pursuant to his statutory authority to designate a system for the delivery of Alaska natural gas to the contiguous states. Section 7(a)(4) of ANGTA. The President designated an overland pipeline system beginning at Prudhoe Bay in Northern Alaska, continuing through Alaska into Canada. The system will split in Southern Alberta into eastern and western legs terminating in Dwight, Ilinois, and Antioch, California, respectively. The ANGTS will be designed op timally to carry 2.0 to 2.5 billion cubic feet of gas per day, with greater volumes possible. It is more fully described in section 2 of the Decision and Report to Congress on the Alaska Natural
Gas Transportation System (Decision) Ex- 42). He concluded, however, that the ecutive Office of the President, Energy necessary transfer of authorities would Policy and Planning, issued September have to await a reorganization plan, 22, 1977.
which in turn necessitated compliance
with the substantive and parliamen$1500.202 Statutory background.
tary requirements of the Reorganiza(a) The Alaska Natural Gas Transpor- tion Act of 1977, 5 U.S.C. 901, et seq. tation Act of 1976 (ANGTA).
(2) In deferring appointment of the (1) In 1976 ANGTS was given priority
Federal Inspector until after transmitstatus, and thus removed from the
ting a reorganization plan to Congress, standard regulatory process,
the President substantially expanded ANGTA. The Congressional purpose of
the Federal Inspector concept, from ANGTA was twofold: to provide for a
Congress' watchdog to the focus of all sound system-selection decision, in
enforcement of Federal laws related to volving the President, Congress, and
ANGTS. Also as part of section 5 of the many Federal agencies; and to expedite
Decision, the President further construction-once a system was selected-through a number of adminis
panded the Federal Inspector's authortrative and judicial innovations. One
ity to include pre-approval of the many such innovation was the Federal In
important planning decisions to be spector.
made by the ANGTS sponsors. This (2) The President was authorized and
took the form of numerous terms and directed by section 7(a)(5) of ANGTA,
conditions governing construction 15 U.S.C. 719(e), to appoint either a sin- costs and schedule, safety and design, gle officer or a board as Federal Inspec- and environmental protection. tor, following issuance of his decision (3) These myriad terms and condiselecting a transportation system. The tions have the force of law. The Presiauthorities first envisioned by Con- dent was authorized, by section 7(a)(6) gress for the Federal Inspector entail of ANGTA, to include them in his Decimonitoring, as contrasted to actual en- sion. And because the Decision in its enforcement. In addition to the authority tirety was given full legal effect, under to establish a joint monitoring agree- section 8 of ANGTA by joint resolument with Alaska, to monitor compli- tion, H.J. Res. 621, Pub. L. 95–158, 95th ance with all Federal laws, to compel Cong. Ist Sess., these terms and condisubmission of information, and to re- tions have in essence become statutory port to the President and Congress, the in nature. Federal Inspector was authorized to
(c) Reorganization Plan and Executive monitor closely the technical aspects
Order. (1) In 1979 the OFI was actually of project planning and execution. (b) President's Decision. (1) In 1977 the
established, and the necessary transfer President selected the Alcan (since
of authorities accomplished through, changed to Alaskan Northwest Natural
Reorganization Plan No. 1 of 1979. Gas Transportation Company) project,
First, the OFI was transferred "excluas he issued his Decision and Report to
sive responsibility for enforcement of Congress on the Alaska Natural Gas
all Federal statutes relevant in any Transportation System (Decision), Execu
manner to preconstruction, constructive Office of the President, Energy
tion, and initial operation” of ANGTS. Policy and Planning, issued September
section 102 of the Reorganization Plan. 22, 1977. In section 5 thereof, the Presi
The OFI is to enforce the legal requiredent determined that, in order to en
ments of many Federal agencies. The sure coordinated government over
Environmental Protection Agency sight, the Federal Inspector must, in
(EPA), the Army Corps of Engineers addition to the ANGTA authorities (de- (COE), Department of Transportation scribed in paragraph (a) of this section) (DOT), Department of Energy (DOE), have "field-level supervisory authority Federal Energy Regulatory Commisover enforcement of terms and condi- sion (FERC), Department of the Intetions from those Federal agencies hav- rior (DOI), Department of Agriculture ing statutory responsibilities over var- (USDA), and Department of the Treaslous aspects of (ANGTS)” (Id., at a 41– ury (Treasury), and their respective
legal authorities, are specifically enumerated as the most likely to be enforced by the OFI relative to ANGTS. The OFI was also charged with enforcing the terms and conditions found in section 5 of the Decision, as well as fulfilling the monitoring duties set the Federal Inspector in section 7(a)(5) of ANGTA and the supplemental enforcement duties found in section 11 of ANGTA.
(2) Enforcement and monitoring constitute only part of the OFI's authority under the Reorganization Plan. Under section 202(b), for example, the OFI is to coordinate and expedite the permitting activities of the Federal agencies. This is a permit-scheduling function.
(3) Under section 202(a) final enforcement actions of the OFI are subject to judicial review only under section 10 of ANGTA. Thus, complaints must be filed with the U.S. Court of Appeals for the District of Columbia Circuit within 60 days of the challenged final OFI action. Review is then expedited (90 days) and of limited scope.
(4) The Reorganization Plan became effective as of July 1, 1979, as per Executive Order 12142. And with the Executive Order, the OFI officially came into existence.
veillance and monitoring agreement" with the State of Alaska (section 7(a)(5)(A) of ANGTA). In this way Federal and State enforcement efforts can be coordinated, to avoid conflicts and to enhance efficiency. The OFI may also work jointly on compliance with the Lower 48 states traversed by ANGTS.
(b) Monitoring compliance with Federal laws. The OFI is to monitor compliance with applicable Federal laws and terms and conditions of the many Federal permits and other authorizations issued for ANGTS (section 7(a)(5)(B) of ANGTA). This includes compliance with the terms and conditions attached to the authorizations.
(c) Monitoring for effective planning. The OFI is to "monitor actions taken to assure timely completion of construction schedules and the achievement of quality of construction, cost control, safety, and environmental protection *
(section 7(a)(5)(C) of ANGTA). The breadth of this monitoring function requires that the OFI follow the various aspects of project planning and execution.
(d) Reporting to Congress and the President. One purpose of the monitoring function is to provide the information for the OFI's current and periodic reports to Congress and the President on the status of ANGTS progress (section 7(a)(5)(E) of ANGTA). In this regard, the OFI publishes a quarterly report on the status of ANGTS (section 7(a)(5)(E) of ANGTA). This is available to the public upon request. 8 1500.303 Permit scheduling and co
ordination. (a) The Reorganization Plan differentiates between permitting (so-called "nonenforcement") and enforcement, only the latter function being transferred to the OFI. Nevertheless, the OFI is responsible for coordinating and expediting the issuance of permits and other authorizations by the Federal agencies. Section 9(a) and (b) of ANGTA, and Section 202(b) of the Reorganization Plan. OFI coordination can, for example, take the form of "requiring submission of scheduling plans for all permits;" and "serving as the 'one window' point for filing for and issuance of all necessary permits" and
Subpart C-Function and Duties 8 1500.301 Summary.
Through the combination of authorities described in $1500.202, the OFI oversees every aspect of ANGTS planning and execution. For ease of understanding, these functions (and the underlying legal authorities) are enumerated under five major groupings: general monitoring and oversight ($ 1500.302); scheduling of permits and other governmental authorizations ($ 1500.303); review and approval of systems, plans, and design during planning ($ 1500.304); cost control ($1500.305); and enforcement of Federal statutes and related terms and conditions ($ 1500.306). 8 1500.302 General monitoring and
oversight. Monitoring and oversight entails the following OFI functions:
(a) Coordinating enforcement with Alaska. The OFI is to establish a "joint sur