Notice2022-12673
National Fuel Gas Supply Corporation; 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
June 13, 2022
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 87 Issue 113 (Monday, June 13, 2022)</title>
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[Federal Register Volume 87, Number 113 (Monday, June 13, 2022)]
[Notices]
[Pages 35755-35756]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12673]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP19-491-000]
National Fuel Gas Supply Corporation; Notice of Request for
Extension of Time
Take notice that on June 2, 2022, National Fuel Gas Supply
Corporation (National Fuel) requested that the Federal Energy
Regulatory Commission (Commission) grant an extension of time, until
December 31, 2022, to abandon certain facilities authorized in the
Order Issuing Certificates and Authorizing Abandonment issued on July
17, 2020 (Certificate Order).\1\ The Certificate Order authorized
Transcontinental Gas Pipe Line Company, LLC's Leidy South Project in
Docket No. CP19-494-000 and National Fuel's FM100 Project in the
instant docket. The Commission's February 22, 2021 Notice to Proceed
with Construction granted National Fuel's request to commence
construction activities for the FM100 Project but did not grant
authority to commence abandonment activities. National Fuel states that
it has completed the pipeline construction activities and went into
service on December 1, 2021. National Fuel requested a notice to
proceed with abandonment activities on May 4, 2022, which was granted
by the Commission on May 9, 2022. Ordering Paragraph (E)(1) of the
Certificate Order required National Fuel to install and abandon its
facilities for the FM100 Project by July 17, 2022.
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\1\ National Fuel Gas Supply Corporation, 172 FERC ] 61,039
(2020).
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National Fuel states that abandonment consists of the following
activities: (a) abandonment of approximately 44.9 miles of Line FM100;
(b) abandonment of Station WHP-MS-4317X; and (c) abandonment of the
Costello Compressor Station. National Fuel avers that of the 44.9 miles
planned for abandonment, approximately 30.2 miles traverse Pennsylvania
Department of Conservation and Natural Resources (DCNR) owned land
including the Moshannon, Elk, and Susquehannock State Forests. National
Fuel asserts that it has worked diligently to complete the FM100
Project but in order to accommodate DCNR's construction timing
restrictions, National Fuel has delayed the start of abandonment
activities until June 2022 to minimize impacts to DCNR public-use
roadways and to avoid hunting seasons.
[[Page 35756]]
National Fuel states that the extension of time is necessary to
enable it to safely complete the abandonment work on the FM100 Project.
National Fuel requests that the Commission issue any waivers that may
be necessary to grant the extension of time. National Fuel asserts that
the extension of time will not result in any additional environmental
impacts not already examined on the record. Accordingly, National Fuel
requests an extension of the July 17, 2022 deadline to complete
abandonment activities time until December 31, 2022.
This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on National Fuel'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,\2\ the
Commission will aim to issue an order acting on the request within 45
days.\3\ The Commission will address all arguments relating to whether
the applicant has demonstrated there is good cause to grant the
extension.\4\ 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.\5\
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.\6\ The OEP Director, or
his or her designee, will act on all of those extension requests that
are uncontested.
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\2\ Contested proceedings are those where an intervenor disputes
any material issue of the filing. 18 CFR 385.2201(c)(1) (2021).
\3\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40
(2020).
\4\ Id. at P 40.
\5\ 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.
\6\ 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#fabcbfa8b9b5949693949fa98f8a8a95888eba9c9f8899d49d958c"><span class="__cf_email__" data-cfemail="387e7d6a7b77565451565d6b4d4848574a4c785e5d4a5b165f574e">[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 ``eFiling'' link
at <a href="http://www.ferc.gov">http://www.ferc.gov</a>. Persons unable to file electronically should
submit an original and three copies of the protest or intervention to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426.
Comment Date: 5:00 p.m. Eastern Time on: June 22, 2022.
Dated: June 7, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-12673 Filed 6-10-22; 8:45 am]
BILLING CODE 6717-01-P
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