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FERC Advances Four Energy Infrastructure Proceedings; FAA Issues Immediate Boeing 737 Airworthiness Fix
The Federal Energy Regulatory Commission opened or advanced licensing, permitting, and environmental review actions for a hydroelectric project in Idaho, a cross-border natural gas pipeline in North Dakota, a pipeline expansion in the Permian Basin, and a flow-variance request in North Carolina — while the FAA simultaneously issued an effective-immediately airworthiness directive correcting a formatting error in Boeing 737 flight-manual procedures.
FAA Issues Immediate Airworthiness Directive for Boeing 737 MAX Fleet
The Federal Aviation Administration issued a final rule, effective July 13, 2026, superseding Airworthiness Directive (AD) 2026-13-05, which had applied to all Boeing Company Model 737-8, 737-9, and 737-8200 airplanes. The original AD was issued on July 1, 2026 (91 FR 39854) and required revising the existing airplane flight manual (AFM) to provide flightcrew with operating procedures — specifically non-normal checklists — to follow if a certain circuit breaker in the standby power control unit (SPCU) trips, or if certain environmental control system (ECS) circuit breakers downstream of the SPCU trip.
The agency explains that AD 2026-13-05 was itself prompted by reports of in-flight events of excessive cabin and flight deck temperatures that could not be controlled by the flightcrew using existing procedures. The unsafe condition, the FAA states, involves a tripped BAT BUS SECT 2 or ECS circuit breaker that could lead to an air conditioning system malfunction causing an uncontrollable, excessively high temperature in the cabin and flight deck — a condition the agency warns could lead to injury or incapacitation of flightcrew and passengers and result in the inability to maintain safe flight and landing.
The new AD was necessitated when it was discovered that a formatting error in appendix 5 of AD 2026-13-05 had omitted steps 1 through 8 of the Cabin Temperature Hot PACK CONT VALVES RIGHT or LEFT Circuit Breaker Trips procedure. This AD retains the requirements of the prior directive and additionally requires revising the existing AFM to include the corrected appendix 5. The FAA invoked the Administrative Procedure Act's "good cause" provision to bypass notice-and-comment and make the rule immediately effective. The agency considers this AD an interim action, noting that the manufacturer is currently developing a modification to address the underlying unsafe condition; once that modification is developed, FAA-approved, and available, the FAA states it might consider additional rulemaking.
FERC: Steel Reef Pipelines Seeks Cross-Border Natural Gas Authorization
On June 17, 2026, Steel Reef Pipelines US LLC, based in Stanley, North Dakota, filed an application under section 3 of the Natural Gas Act and Part 153 of the Commission's regulations, seeking authorization for its Border Crossing Facilities Project and a Presidential Permit for such facilities. The project consists of a 0.65-mile-long, 10-inch-diameter jurisdictional segment of the Flat Lake Access Pipeline gathering system running from milepost 0 at the Canada/United States border to milepost 0.65 in North Dakota. The broader Flat Lake Access Pipeline is described as an approximately 8-mile-long gathering system designed to export unprocessed sour natural gas from an existing compressor station near Fortuna, North Dakota, across the international border to the existing Flat Lake Gas Plant located approximately 3 miles north of the international border in Saskatchewan, Canada. The pipeline is designed to export up to 80 million cubic feet per day (MMcf/d) of sour natural gas, and to import approximately 6 MMcf/d of fuel gas via a collocated 6-inch-diameter pipeline to supply the Compressor Station. Pursuant to section 157.9 of the Commission's Rules of Practice and Procedure, within 90 days of the notice FERC staff will either complete its environmental review or issue a Notice of Schedule for Environmental Review.
FERC: Northern Natural Gas Opens Permian Basin Scoping Process
FERC staff announced the opening of a public scoping process under the National Environmental Policy Act (NEPA) for Northern Natural Gas Company's proposed Permian Basin Expansion Project, which involves construction and operation of facilities in Lea County, New Mexico, and Yoakum and Gaines Counties, Texas. The Commission states it will prepare an environmental document discussing the project's environmental impacts and will use that document in its decision-making process to determine whether the project is in the public convenience and necessity. The notice explains that the main goal of the scoping process is to focus the analysis in the environmental document on the important environmental issues. The Commission received comments on the project before the docket opened on May 28, 2026, and instructs that those comments must be refiled in Docket No. CP26-534-000 to be considered. The notice also informs landowners that if the Commission approves the project, the Natural Gas Act conveys the right of eminent domain to the company, and that compensation in condemnation proceedings would be determined by a judge in accordance with state law.
FERC: Molitor Hydroelectric Project Enters Traditional Licensing Process
Molitor, LLC filed a Notice of Intent to apply for an original license for the Molitor Hydroelectric Project (Project No. 15401-001), proposed to be located on Deep Creek near Buhl, Idaho. The company submitted its request to use the Traditional Licensing Process on May 11, 2026, provided public notice of that request on June 17, 2026, and received approval from the Acting Director of the Division of Hydropower Licensing in a letter issued July 8, 2026. Molitor, LLC also filed a Pre-Application Document (PAD), including a proposed process plan and schedule, with the Commission on May 11, 2026, pursuant to 18 CFR 5.6. The notice initiates informal consultation with the U.S. Fish and Wildlife Service under section 7 of the Endangered Species Act (50 CFR Part 402) and with the Idaho State Historic Preservation Officer under section 106 of the National Historic Preservation Act (36 CFR 800.2). The notice states that the licensee affirms its unequivocal intent to submit an application for an original license for the project.
FERC: Duke Energy Carolinas Requests Flow-Release Variance at Lookout Shoals
Duke Energy Carolinas, LLC filed an application on June 23, 2026, requesting a temporary variance from the 80 cubic feet per second (cfs) minimum continuous flow release requirement at the Lookout Shoals Development of the Catawba-Wateree Hydroelectric Project (Project No. 2232-949), located on the Catawba River near the town of Claremont in Iredell and Catawba counties, North Carolina. The applicant states the variance is needed from October 1, 2026, through February 28, 2027, in order to rehabilitate the riveted penstock that supplies water to the junior units at the development. The notice states that to perform this maintenance, both junior units as well as the adjacent larger unit must be taken out of service. The project does not occupy any federal lands.
What to Watch
- August 7, 2026, 5:00 p.m. Eastern Time: Deadline for comments, motions to intervene, and protests in the Duke Energy Carolinas Lookout Shoals temporary flow-variance proceeding (FERC Project No. 2232-949).
- August 10, 2026, 5:00 p.m. Eastern Time: Deadline for public scoping comments on Northern Natural Gas Company's Permian Basin Expansion Project (FERC Docket No. CP26-534-000), to be received in Washington, DC by that time.
- Within 90 days of Steel Reef notice: FERC staff must either complete environmental review of the Steel Reef Border Crossing Facilities Project or issue a Notice of Schedule for Environmental Review (Docket No. CP26-545-000).
- Boeing 737 AD: The FAA describes the current directive as an interim action and states it may consider additional rulemaking once the manufacturer's modification is developed and FAA-approved.
Related
Sources
37 citedEvery hard fact above is grounded in and cited to a primary source record.
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The FAA issued a final rule effective July 13, 2026, superseding Airworthiness Directive (AD) 2026-13-05.
federalregister.gov -
AD 2026-13-05 applied to all Boeing Company Model 737-8, 737-9, and 737-8200 airplanes.
federalregister.gov -
AD 2026-13-05 was issued on July 1, 2026 (91 FR 39854).
federalregister.gov -
AD 2026-13-05 required revising the existing AFM to provide flightcrew with operating procedures (non-normal checklists) if a certain circuit breaker in the SPCU trips or certain ECS circuit breakers downstream of the SPCU trip.
federalregister.gov -
AD 2026-13-05 was prompted by reports of in-flight events of excessive cabin and flight deck temperatures that could not be controlled by the flightcrew using existing procedures.
federalregister.gov -
The unsafe condition involves a tripped BAT BUS SECT 2 or ECS circuit breaker that could lead to an air conditioning system malfunction causing an uncontrollable, excessively high temperature in the cabin and flight deck.
federalregister.gov -
The FAA states the unsafe condition could lead to injury or incapacitation of flightcrew and passengers, which could result in the inability to maintain safe flight and landing.
federalregister.gov -
A formatting error in appendix 5 of AD 2026-13-05 omitted steps 1 through 8 of the Cabin Temperature Hot PACK CONT VALVES RIGHT or LEFT Circuit Breaker Trips procedure.
federalregister.gov -
The new AD requires revising the existing AFM to include the corrected appendix 5.
federalregister.gov -
The Steel Reef Border Crossing Facilities Project consists of a 0.65-mile-long, 10-inch-diameter jurisdictional segment of the Flat Lake Access Pipeline gathering system.
federalregister.gov -
The jurisdictional segment runs from milepost 0 at the Canada/United States border to milepost 0.65 in North Dakota.
federalregister.gov -
The Flat Lake Access Pipeline is described as an approximately 8-mile-long gathering system.
federalregister.gov -
The pipeline is designed to import approximately 6 MMcf/d of fuel gas via a collocated 6-inch-diameter pipeline to supply the Compressor Station.
federalregister.gov -
The Flat Lake Gas Plant is located approximately 3 miles north of the international border in Saskatchewan, Canada.
federalregister.gov -
Pursuant to section 157.9, within 90 days of the notice FERC staff will either complete its environmental review or issue a Notice of Schedule for Environmental Review.
federalregister.gov -
Northern Natural Gas Company's Permian Basin Expansion Project involves construction and operation of facilities in Lea County, New Mexico, and Yoakum and Gaines Counties, Texas.
federalregister.gov -
FERC states the main goal of the scoping process is to focus the analysis in the environmental document on the important environmental issues.
federalregister.gov -
The Northern Natural Gas docket opened on May 28, 2026.
federalregister.gov -
The notice informs landowners that if the Commission approves the project, the Natural Gas Act conveys the right of eminent domain to the company.
federalregister.gov -
Compensation in condemnation proceedings would be determined by a judge in accordance with state law.
federalregister.gov -
Public scoping comments on the Northern Natural Gas Permian Basin Expansion Project must be received by the Commission in Washington, DC on or before 5:00 p.m. Eastern Time on August 10, 2026.
federalregister.gov -
Molitor, LLC filed its request to use the Traditional Licensing Process on May 11, 2026.
federalregister.gov -
Molitor, LLC provided public notice of its request on June 17, 2026.
federalregister.gov -
The Acting Director of the Division of Hydropower Licensing approved Molitor LLC's request to use the Traditional Licensing Process in a letter issued July 8, 2026.
federalregister.gov -
The Molitor Hydroelectric Project is proposed to be located on Deep Creek near Buhl, Idaho, and carries Project No. 15401-001.
federalregister.gov -
Molitor, LLC filed a Pre-Application Document (PAD), including a proposed process plan and schedule, on May 11, 2026, pursuant to 18 CFR 5.6.
federalregister.gov -
The Molitor notice initiates informal consultation with the U.S. Fish and Wildlife Service under section 7 of the Endangered Species Act and regulations at 50 CFR Part 402.
federalregister.gov -
Duke Energy Carolinas, LLC filed an application on June 23, 2026, requesting a temporary variance from the 80 cubic feet per second (cfs) minimum continuous flow release requirement at the Lookout Shoals Development.
federalregister.gov -
The Lookout Shoals Development is part of the Catawba-Wateree Hydroelectric Project (Project No. 2232-949), located on the Catawba River near the town of Claremont in Iredell and Catawba counties, North Carolina.
federalregister.gov -
The applicant requests the variance from October 1, 2026, through February 28, 2027, in order to rehabilitate the riveted penstock that supplies water to the junior units at the development.
federalregister.gov -
To perform this maintenance, both junior units as well as the adjacent larger unit must be taken out of service.
federalregister.gov -
The Lookout Shoals Development project does not occupy any federal lands.
federalregister.gov -
The deadline for filing comments, motions to intervene, and protests in the Duke Energy Carolinas proceeding is August 7, 2026, at 5:00 p.m. Eastern Time.
federalregister.gov -
The FAA considers the new AD to be an interim action, noting the manufacturer is currently developing a modification to address the unsafe condition.
federalregister.gov -
Steel Reef Pipelines US LLC filed its application on June 17, 2026, under section 3 of the Natural Gas Act and Part 153 of the Commission's regulations.
federalregister.gov -
The pipeline is designed to export up to 80 million cubic feet per day (MMcf/d) of sour natural gas from an existing compressor station near Fortuna, North Dakota.
federalregister.gov -
The Molitor notice initiates consultation with the Idaho State Historic Preservation Officer under section 106 of the National Historic Preservation Act and regulations at 36 CFR 800.2.
federalregister.gov