On May 1, 2022, Venable attorney William Bolgiano published “FERC’s Authority to Regulate Hydrogen Pipelines Under the Interstate Commerce Act,” in the Energy Law Journal. The following is an excerpt:
As recognized in the recent infrastructure bill, hydrogen and hydrogen pipelines will play an important role in the economy as we strive to slow and reverse climate change. This article seeks to determine how hydrogen pipelines can or should be regulated. It proposes that the Federal Energy Regulatory Commission (FERC) has the authority to regulate the transportation of hydrogen by pipeline under the Interstate Commerce Act (ICA), which governs FERC’s regulation of pipelines carrying crude oil, refined petroleum products, and natural gas liquids. Separately, FERC can regulate the transportation of blends of hydrogen and natural gas under the Natural Gas Act (NGA)—and pipelines can employ capacity leases to keep clear when the latter becomes the former.