Notice2022-22475
Double E Pipeline, 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
October 17, 2022
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 87 Issue 199 (Monday, October 17, 2022)</title>
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[Federal Register Volume 87, Number 199 (Monday, October 17, 2022)]
[Notices]
[Pages 62842-62843]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22475]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. CP19-495-000, CP19-495-001]
Double E Pipeline, LLC; Notice of Request for Extension of Time
Take notice that on October 4, 2022, Double E Pipeline LLC (Double
E) requested that the Federal Energy Regulatory Commission (Commission)
grant an extension of time until October 15, 2024, to complete
construction of, and place into service, its Double E Pipeline Project
(Project), which extends from the Marlan Processing Plant, owned and
operated by Pronto Midstream, LLC, a subsidiary of Matador Resources
Company, in Eddy County, New Mexico, to the project's ultimate terminus
in Pecos County, Texas. as authorized in the October 15, 2020 Order
Issuing Certificate (Certificate Order).\1\ Ordering Paragraph B(1) of
the Certificate Order required Double E to complete the construction of
the proposed Project facilities \2\ and make them available for service
within two years from issuance of the order.\3\
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\1\ Double E Pipeline, LLC, 173 FERC ] 61,074 (2020)
(Certificate Order).
\2\ The Double E Pipeline Project consists of a 116.6-mile-long
trunkline pipeline, several ancillary components including lateral
pipe connecting the trunkline to processing plants; several meter
stations and meters to receive gas from and deliver gas to diverse
markets; and appurtenant facilities to maintain reliable performance
of the pipeline.
\3\ Id. at ordering para. (B)(1).
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Double E commenced construction of the Project on January 12,
2021.\4\ Double E has since completed construction of the Project
facilities and placed the Project facilities, except for the Lobo
Processing Plant and the Big Eddy Plant receipt point meter stations,
into service on November 18, 2021.\5\ The Lobo Processing Plant receipt
meter is currently under construction and Double E anticipates it will
be completed and made available for service by December 2022. Double E
is in discussions with its customer at the Big Eddy Plant receipt meter
regarding the timing of those facilities and anticipates starting
construction of those facilities in late 2023 or early 2024. For these
reasons, Double E requests an extension to October 15, 2024, for the
date to place the remaining facilities in service.
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\4\ Order Granting Double E Pipeline's Request to Commence
General Construction Activities Docket No. CP 14-495-000 (Jan. 4,
2020).
\5\ Notification of Project In-Service of Double E Pipeline, LLC
for Double E Pipeline Project, Docket No. CP19-495-000 (Nov. 29,
2021).
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This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on Double E'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,\6\ the
Commission will aim to issue an order acting on the request within 45
days.\7\ The Commission will address all arguments relating to whether
the applicant has demonstrated there is good cause to grant the
extension.\8\ 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.\9\
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
[[Page 62843]]
issuance.\10\ The OEP Director, or his or her designee, will act on all
of those extension requests that are uncontested.
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\6\ Contested proceedings are those where an intervenor disputes
any material issue of the filing. 18 CFR 385.2201(c)(1) (2019).
\7\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40
(2020).
\8\ Id. at P 40.
\9\ 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.
\10\ 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#5f191a0d1c10313336313a0c2a2f2f302d2b1f393a2d3c71383029"><span class="__cf_email__" data-cfemail="87c1c2d5c4c8e9ebeee9e2d4f2f7f7e8f5f3c7e1e2f5e4a9e0e8f1">[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 p.m. eastern time on October 26, 2022.
Dated: October 11, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-22475 Filed 10-14-22; 8:45 am]
BILLING CODE 6717-01-P
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