Notice2023-05791
Sabal Trail 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
March 22, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 88 Issue 55 (Wednesday, March 22, 2023)</title>
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[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Notices]
[Pages 17205-17206]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05791]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP15-17-000]
Sabal Trail Transmission, LLC; Notice of Request for Extension of
Time
Take notice that on March 10, 2023, Sabal Trail Transmission, LLC
(Sabal Trail) requested that the Federal Energy Regulatory Commission
(Commission) grant an extension of time, until May 1, 2025, to complete
Phase III of their Sabal Trail Project, originally authorized in the
February 2, 2016 Order Issuing Certificate Under Section 7 of the
Natural Gas Act (February 2 Order).\1\ This project involved the
construction, in three phases, of interstate pipeline facilities that
would allow Sabal Trail to provide up to 1,075,000 dekatherms per day
(Dth/d) of transportation service to delivery points in the
southeastern United States. Ordering Paragraph (F)(1) of the February 2
Order, as amended, provided a deadline of May 1, 2021, to make Phase
III of their project facilities available for service.
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\1\ See Florida Southeast Connection, LLC, et al., 154 FERC ]
61,080 (2016) (February 2 Order), order on reh'g, Florida Southeast
Connection, LLC, et al., 156 FERC ] 61,160 (2016), order on remand,
Florida Southeast Connection, LLC, et al., 162 FERC ] 61,233 (2018).
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On April 7, 2021, Sabal Trail filed a request for an extension of
time, until May 1, 2023, to complete construction of the project and
place Phase III of the remaining facilities--two compressor units--into
service. The Commission granted that requested extension of time on
June 15, 2021.\2\ That delegated order recognized that Sabal Trail had
placed all other facilities into service and its pipeline system was
capable of providing up to 999,000 Dth/d of firm transportation
service.
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\2\ Sabal Trail Transmission, LLC, Docket No. CP15-17-000 (June
15, 2021) (delegated order).
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Sabal Trail now states that, due to adverse economic and logistical
conditions induced, in part, by the COVID-19 pandemic, commercial
progress was slowed. Sabal Trail now states that these unforeseen
circumstances precluded the project from reaching full
commercialization, and that additional time is now required to complete
the installation of the remaining two compressor units and make them
available for service.
This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on the applicant'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).\3\
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\3\ 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,\4\ the
Commission will aim to issue an order acting on the request within 45
days.\5\ The Commission will address all arguments relating to whether
the applicant has demonstrated there is good cause to grant the
extension.\6\ 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.\7\
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.\8\ The OEP Director, or
his or her designee, will act on all of those extension requests that
are uncontested.
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\4\ Contested proceedings are those where an intervenor disputes
any material issue of the filing. 18 CFR 385.2201(c)(1) (2019).
\5\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40
(2020).
\6\ Id. at P 40.
\7\ 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.
\8\ 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#42040710010d2c2e2b2c27113732322d303602242730216c252d34"><span class="__cf_email__" data-cfemail="5c1a190e1f1332303532390f292c2c332e281c3a392e3f723b332a">[email protected]</span></a> or call toll-free, (886) 208-3676 or TTY,
(202) 502-8659.
The Commission strongly encourages electronic filings of comments
in lieu of paper using the ``eFile'' link at <a href="http://www.ferc.gov">http://www.ferc.gov</a>. In
lieu of electronic filing, you may submit a paper copy. Submissions
sent via the U.S. Postal Service must be addressed to: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street
NE, Room 1A, Washington, DC 20426. Submissions sent via any other
carrier must be addressed to: Kimberly D. Bose, Secretary, Federal
Energy Regulatory
[[Page 17206]]
Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
Comment Date: 5:00 p.m. Eastern Time on March 30, 2023.
Dated: March 15, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-05791 Filed 3-21-23; 8:45 am]
BILLING CODE 6717-01-P
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