Notice2021-24229
Columbia Gulf Transmission, LLC; Notice of Request for Extension of Time
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 5, 2021
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 86 Issue 212 (Friday, November 5, 2021)</title>
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[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Notices]
[Pages 61203-61204]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24229]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP19-193-000]
Columbia Gulf Transmission, LLC; Notice of Request for Extension
of Time
Take notice that on October 26, 2021, Columbia Gulf Transmission,
LLC (Columbia Gulf) requested that the Federal Energy Regulatory
Commission (Commission) grant an extension of time, until November 15,
2022, in order to place the replacement facilities of the Mainline 100
and Mainline 200 Replacement Project (Project) into service, in Menifee
and Montgomery Counties, Kentucky, as authorized as part of Columbia
Gulf's Project in the November 15, 2019 Order Granting Certificate and
Approving Abandonment \1\ (November 15 Order). The November 15 Order
required Columbia Gulf to complete construction and make the facilities
available for service within one year of the order date.
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\1\ Columbia Gulf Transmission, LLC, 169 FERC ] 62,084 (2019).
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On July 7, 2020, Columbia Gulf requested an extension of time until
November 15, 2021 to place the replacement facilities into service, to
allow additional time for the U.S. Department of Transportation
(``DOT'') to reach a decision on Columbia Gulf's application for a
special permit. The special permit would allow Columbia Gulf to operate
the segments of Mainline 100 and 200 proposed for replacement as part
of the Project at the current MAOP without pipe replacement work or
further action to maintain compliance with DOT regulations. On August
6, 2020, the Commission granted Columbia Gulf an extension of time
until November 15, 2021.
The special permit application Columbia Gulf submitted to DOT on
October 15, 2019 has yet to receive a determination. In order to
provide DOT with additional time necessary to make a determination on
Columbia Gulf's special permit application, Columbia Gulf respectfully
requests a further extension of time to and including November 15,
2022, to place the replacement facilities into service. Upon receipt of
the special permit, Columbia Gulf would, pursuant to Rule 212 of the
Rules of Practice and Procedures of the Commission, 18 CFR 385.212,
Columbia Gulf would submit a Motion to Vacate the authorizations
granted in the November 15 Order with respect to the Mainline 100 and
Mainline 200 Replacement Project. If unsuccessful in obtaining the
special permit, Columbia Gulf would notify the Commission of its intent
to begin construction of the Project to comply with DOT requirements
and submit a revision to its Implementation Plan reflecting an updated
construction schedule.
This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on Columbia Gulf's
request for an extension of time may do so. No reply comments or
answers will be considered. If you wish to obtain legal status by
becoming a party to the proceedings for this request, you should, on or
before the comment date stated below, file a motion to intervene
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in accordance with the requirements of the Commission's Rules of
Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations
under the Natural Gas Act (18 CFR 157.10).\2\
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\2\ Only motions to intervene from entities that were party to
the underlying proceeding will be accepted. Algonquin Gas
Transmission, LLC, 170 FERC ] 61,144, at P 39 (2020).
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As a matter of practice, the Commission itself generally acts on
requests for extensions of time to complete construction for Natural
Gas Act facilities when such requests are contested before order
issuance. For those extension requests that are contested,\3\ the
Commission will aim to issue an order acting on the request within 45
days.\4\ The Commission will address all arguments relating to whether
the applicant has demonstrated there is good cause to grant the
extension.\5\ The Commission will not consider arguments that re-
litigate the issuance of the certificate order, including whether the
Commission properly found the project to be in the public convenience
and necessity and whether the Commission's environmental analysis for
the certificate complied with the National Environmental Policy Act.\6\
At the time a pipeline requests an extension of time, orders on
certificates of public convenience and necessity are final and the
Commission will not re-litigate their issuance.\7\ The OEP Director, or
his or her designee, will act on all of those extension requests that
are uncontested.
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\3\ Contested proceedings are those where an intervenor disputes
any material issue of the filing. 18 CFR 385.2201(c)(1) (2019).
\4\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40
(2020).
\5\ Id. at P 40.
\6\ Similarly, the Commission will not re-litigate the issuance
of an NGA section 3 authorization, including whether a proposed
project is not inconsistent with the public interest and whether the
Commission's environmental analysis for the permit order complied
with NEPA.
\7\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40
(2020).
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In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (<a href="http://www.ferc.gov">http://www.ferc.gov</a>) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact FERC at
<a href="/cdn-cgi/l/email-protection#e1a7a4b3a2ae8f8d888f84b29491918e9395a187849382cf868e97"><span class="__cf_email__" data-cfemail="b4f2f1e6f7fbdad8dddad1e7c1c4c4dbc6c0f4d2d1c6d79ad3dbc2">[email protected]</span></a> or call toll-free, (886) 208-3676 or TYY,
(202) 502-8659.
The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFile'' link at
<a href="http://www.ferc.gov">http://www.ferc.gov</a>. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
Comment Date: 5:00 p.m. Eastern Time on November 16, 2021.
Dated: November 1, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-24229 Filed 11-4-21; 8:45 am]
BILLING CODE 6717-01-P
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