Notice2021-24474
Adelphia Gateway, LLC; Notice of Request for Extension of Time
Primary source
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Published
November 9, 2021
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 86 Issue 214 (Tuesday, November 9, 2021)</title>
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[Federal Register Volume 86, Number 214 (Tuesday, November 9, 2021)]
[Notices]
[Pages 62166-62167]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24474]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP18-46-000]
Adelphia Gateway, LLC; Notice of Request for Extension of Time
Take notice that on November 1, 2021, Adelphia Gateway, LLC
(Adelphia) requested that the Federal Energy Regulatory Commission
(Commission) grant an extension of time, until June 20, 2023, in order
to construct and place into service the facilities authorized by the
Federal Energy Regulatory Commission in the above-referenced proceeding
into service, in Delaware and Pennsylvania, as authorized as part of
Adelphia's Project in the December 20, 2019 Order Issuing Certificate
\1\ (December 20 Order). The December 20 Order required Adelphia to
complete construction and make the facilities available for service
within two years of the order date.
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\1\ Adelphia Gateway, LLC, 169 FERC ] 61,220 (2019).
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While Adelphia has already constructed a significant number of the
Project facilities and made substantial progress towards the completion
of others, Adelphia states that it has been delayed in completing
construction due
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to circumstances outside of its control. Shortly after Adelphia's
receipt of its Certificate Order, Adelphia states that the COVID-19
pandemic had immediate and substantial impacts on its ability to timely
obtain its remaining state environmental permits and progress
construction of the Adelphia Project. Adelphia's requests for notices
to proceed with construction were directly delayed as a result.
Adelphia also had to cease construction activities on numerous
occasions as a result of pandemic-related protocols. Furthermore,
Adelphia states that the continuing impacts on the supply chain
resulting from the COVID-19 pandemic have caused and continue to cause
delays in the procurement and delivery of essential equipment and
material. Thus, Adelphia requests an extension to construct and place
into service the Adelphia Project until June 20, 2023.
This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on Adelphia'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 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#f9bfbcabbab6979590979caa8c8989968b8db99f9c8b9ad79e968f"><span class="__cf_email__" data-cfemail="2c6a697e6f6342404542497f595c5c435e586c4a495e4f024b435a">[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 18, 2021.
Dated: November 3, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-24474 Filed 11-8-21; 8:45 am]
BILLING CODE 6717-01-P
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