Sec. 41002. FERC certificates and fees for certain energy infrastructure at international boundaries of the United States
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In this section: The term certificate of crossing means a permit for the construction, connection, operation, or maintenance of a cross-border segment. The term Commission means the Federal Energy Regulatory Commission. The term covered facility means— an oil, natural gas, hydrocarbon liquids, refined petroleum products, hydrogen, or carbon dioxide pipeline; a pipeline for the movement of any other energy-related product; and an electric transmission facility. The term cross-border segment means a segment, as determined by the Commission, of a covered facility that is located at an international boundary between— the United States and Canada; or the United States and Mexico.
The term Presidential permit means a permit or other approval issued or required by the President under or pursuant to any provision of law, including under or pursuant to any Executive order, with respect to the construction, connection, operation, or maintenance of a cross-border segment. The Commission shall, upon payment of a fee in the amount of $50,000 by a person requesting a certificate of crossing, issue to such person such certificate of crossing. A fee paid under this subsection shall not be considered a fee assessed under section 3401 of the Omnibus Budget Reconciliation Act of 1986 ( 42 U.S.C. 7178 ).
Except as provided in subsection (d), no person may construct, connect, operate, or maintain a cross-border segment for the import or export of oil, natural gas, hydrocarbon liquids, refined petroleum products, hydrogen, carbon dioxide, or other energy-related products, or for the transmission of electricity, to or from Canada or Mexico without obtaining a certificate of crossing from the Commission under subsection
(b)for the applicable construction, connection, operation, or maintenance. Subsection
(c)shall not apply to the construction, connection, operation, or maintenance of a cross-border segment with respect to which a Presidential permit that was issued before the date of enactment of this Act applies and is in effect.
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Sec. 41002
FERC certificates and fees for certain energy infrastructure at international boundaries of the United States
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