Notice2022-03217
Texas Eastern Transmission, LP; 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
February 15, 2022
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 87 Issue 31 (Tuesday, February 15, 2022)</title>
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[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Notices]
[Page 8579]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03217]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP19-501-000]
Texas Eastern Transmission, LP; Notice of Request for Extension
of Time
Take notice that on February 7, 2022, Texas Eastern Transmission,
LP. (Texas Eastern), requested that the Federal Energy Regulatory
Commission (Commission) grant an extension of time, until March 24,
2023, to complete construction of the Bailey East Mine Panel 11J
Project (Project) and make the Project available for service, as
authorized in the March 24, 2020 Order Issuing Certificates
(Certificate Order).\1\
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\1\ Texas Eastern Transmission, LP, 170 FERC ] 62,167
(2020)(Certificate Order).
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Texas Eastern was granted authorization to excavate, elevate, and
replace certain segments of four different natural gas transmission
pipelines and appurtenant facilities, and to monitor potential strains
on the pipeline sections due to anticipated longwall mining activities
planned by CONSOL Energy, Inc. (CONSOL) in Marshall County, West
Virginia. The Certificate Order required Texas Eastern to complete
construction of the Project facilities and make them available for
service by March 24, 2022.\2\ Texas Eastern has completed the
reinstallation of Lines 15 and 30 below ground and placed those lines
back into service in December 2021. Due to delays in the reinstallation
and hydrostatic testing of Lines 10 and 25, Texas Eastern now request
an additional year, until March 24, 2023, to complete construction of
the Project and place it into service.
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\2\ Certificate Order, 170 FERC ] 62,167 at ordering para. (D).
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This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on Texas Eastern'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).
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#2a6c6f786965444643444f795f5a5a45585e6a4c4f5849044d455c"><span class="__cf_email__" data-cfemail="5d1b180f1e1233313433380e282d2d322f291d3b382f3e733a322b">[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 February 24, 2022.
Dated: February 9, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-03217 Filed 2-14-22; 8:45 am]
BILLING CODE 6717-01-P
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