Notice2023-08352
East Tennessee Natural Gas, LLC; Notice of Application and Establishing Intervention Deadline
Primary source
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Published
April 20, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 88 Issue 76 (Thursday, April 20, 2023)</title>
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[Federal Register Volume 88, Number 76 (Thursday, April 20, 2023)]
[Notices]
[Pages 24397-24398]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08352]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP23-131-000]
East Tennessee Natural Gas, LLC; Notice of Application and
Establishing Intervention Deadline
Take notice that on March 31, 2023, East Tennessee Natural Gas, LLC
(East Tennessee), 915 North Eldridge Parkway, Suite 1100, Houston,
Texas 77079, filed in the above referenced docket an application
pursuant to sections 7(b) and 7(c) of the Natural Gas Act and part 157
of the Federal Energy Regulatory Commission's (Commission) regulations
requesting authorization for its System Alignment Program.
Specifically, East Tennessee proposes to: (1) construct
approximately 16.1 miles of 24-inch-diameter pipeline loop in Knox and
Sevier Counties, Tennessee; (2) replace approximately 6.4 miles of
existing 8-inch-diameter pipeline with new 24-inch-diameter pipeline in
Washington County, Virginia; (3) hydrostatically test an approximately
1.2 mile section of pipeline in Patrick County, Virginia, to
reestablish the maximum allowable operating pressure; (4) construct the
new 7,000 horsepower (hp) Talbott Compressor Station (CS) in Jefferson
County, Tennessee; (5) construct the new 19,000 hp Draper CS in
Rockingham County, North Carolina; and (6) install piping modifications
and auxiliary installations at existing facilities in Knox and Sevier
Counties, Tennessee, and Washington and Wythe Counties, Virginia. The
project is designed to improve the operational reliability of East
Tennessee's system and the additional capacity created will not be
available for subscription under firm service agreements. East
Tennessee estimates the cost of the project to be $390 million, all as
more fully set forth in the application which is on file with the
Commission and open for public inspection.
East Tennessee's application states that a water quality
certificate under section 401 of the Clean Water Act is required for
the project from the Tennessee Department of Environment and
Conservation and the Virginia Department of Environmental Quality. The
requests for certification must be submitted to the certifying agencies
and to the Commission concurrently. Proof of the certifying agency's
receipt date must be filed no later than five (5) days after the
request is submitted to the certifying agency.
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">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 the Commission's Public
Reference Room. For assistance, contact the Federal Energy Regulatory
Commission at <a href="/cdn-cgi/l/email-protection#a7e1e2f5e4e8c9cbcec9c2f4d2d7d7c8d5d3e7c1c2d5c489c0c8d1"><span class="__cf_email__" data-cfemail="d1979483929ebfbdb8bfb482a4a1a1bea3a591b7b4a3b2ffb6bea7">[email protected]</span></a> or call toll-free, (886) 208-
3676 or TTY, (202) 502-8659.
Any questions concerning this application should be directed to
Estela D. Lozano, Director, Regulatory, East Tennessee Natural Gas,
LLC, P.O. Box 1642, Houston, Texas 77251-1642, by phone at (713) 627-
4522; or email at <a href="/cdn-cgi/l/email-protection#b6d3c5c2d3dad798dad9ccd7d8d9f6d3d8d4c4dfd2d1d398d5d9db"><span class="__cf_email__" data-cfemail="8de8fef9e8e1eca3e1e2f7ece3e2cde8e3efffe4e9eae8a3eee2e0">[email protected]</span></a>.
On August 10, 2022, the Commission granted the Applicant's request
to utilize the National Environmental Policy Act (NEPA) Pre-Filing
Process and assigned Docket No. PF22-8-000 to staff activities involved
in the Project. Now, as of the filing of the March 31, 2023
application, the Pre-Filing Process for this project has ended. From
this time forward, this proceeding will be conducted in Docket No.
CP23-131-000 as noted in the caption of this Notice.
Pursuant to Section 157.9 of the Commission's Rules of Practice and
Procedure,\1\ within 90 days of this Notice the Commission staff will
either: complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or environmental
assessment (EA) for this proposal. The filing of an EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
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\1\ 18 CFR (Code of Federal Regulations) 157.9.
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Public Participation
There are three ways to become involved in the Commission's review
of this project: you can file a protest to the project, you can file a
motion to intervene in the proceeding, and you can file comments on the
project. There is no fee or cost for filing protests, motions to
intervene, or comments. The deadline for filing protests, motions to
intervene, and comments is 5:00 p.m. Eastern Time on May 5, 2023. How
to file protests, motions to intervene, and comments is explained
below.
Protests
Pursuant to section 157.205 of the Commission's regulations under
the NGA,\2\ any person \3\ or the Commission's staff may file a protest
to the request. If no protest is filed within the time allowed or if a
protest is filed and then withdrawn within 30 days after the allowed
time for filing a protest, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request for authorization
will be considered by the Commission.
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\2\ 18 CFR 157.205.
\3\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
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Protests must comply with the requirements specified in section
157.205(e) of the Commission's regulations,\4\ and must be submitted by
the protest deadline, which is May 5, 2023. A protest may also serve as
a motion to intervene so long as the protestor states it also seeks to
be an intervenor.
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\4\ 18 CFR 157.205(e).
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Interventions
Any person has the option to file a motion to intervene in this
proceeding. Only intervenors have the right to request rehearing of
Commission orders issued in this proceeding and to subsequently
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
To intervene, you must submit a motion to intervene to the
Commission
[[Page 24398]]
in accordance with Rule 214 of the Commission's Rules of Practice and
Procedure \5\ and the regulations under the NGA \6\ by the intervention
deadline for the project, which is May 5, 2023. As described further in
Rule 214, your motion to intervene must state, to the extent known,
your position regarding the proceeding, as well as your interest in the
proceeding. For an individual, this could include your status as a
landowner, ratepayer, resident of an impacted community, or
recreationist. You do not need to have property directly impacted by
the project in order to intervene. For more information about motions
to intervene, refer to the FERC website at <a href="https://www.ferc.gov/how-guides">https://www.ferc.gov/how-guides</a>.
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\5\ 18 CFR 385.214.
\6\ 18 CFR 157.10.
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All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.
Comments
Any person wishing to comment on the project may do so. The
Commission considers all comments received about the project in
determining the appropriate action to be taken. To ensure that your
comments are timely and properly recorded, please submit your comments
on or before May 5, 2023. The filing of a comment alone will not serve
to make the filer a party to the proceeding. To become a party, you
must intervene in the proceeding.
How To File Protests, Interventions, and Comments
There are two ways to submit protests, motions to intervene, and
comments. In both instances, please reference the Project docket number
CP23-131-000 in your submission.
(1) You may file your protest, motion to intervene, and comments by
using the Commission's eFiling feature, which is located on the
Commission's website (<a href="http://www.ferc.gov">www.ferc.gov</a>) under the link to Documents and
Filings. New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; first select ``General'' and then select ``Protest'',
``Intervention'', or ``Comment on a Filing''; or \7\
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\7\ Additionally, you may file your comments electronically by
using the eComment feature, which is located on the Commission's
website at <a href="http://www.ferc.gov">www.ferc.gov</a> under the link to Documents and Filings.
Using eComment is an easy method for interested persons to submit
brief, text-only comments on a project.
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(2) You can file a paper copy of your submission by mailing it to
the address below. Your submission must reference the Project docket
number CP23-131-000.
To mail via USPS, use the following address: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426
To send via any other courier, use the following address: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852
The Commission encourages electronic filing of submissions (option
1 above) and has eFiling staff available to assist you at (202) 502-
8258 or <a href="/cdn-cgi/l/email-protection#7e383b2c3d31101217101b2d0b0e0e110c0a3e181b0c1d50191108"><span class="__cf_email__" data-cfemail="6e282b3c2d21000207000b3d1b1e1e011c1a2e080b1c0d40090118">[email protected]</span></a>.
Protests and motions to intervene must be served to the applicant
by mail to: Estela D. Lozano, Director, Regulatory, P.O. Box 1642,
Houston, Texas 77251-1642 or by email (with a link to the document) at
<a href="/cdn-cgi/l/email-protection#244157504148450a484b5e454a4b64414a46564d4043410a474b49"><span class="__cf_email__" data-cfemail="442137302128256a282b3e252a2b04212a26362d2023216a272b29">[email protected]</span></a>.
Any subsequent submissions by an intervenor must be served on the
applicant and all other parties to the proceeding. Contact information
for parties can be downloaded from the service list at the eService
link on FERC Online.
Tracking the Proceeding
Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at <a href="http://www.ferc.gov">www.ferc.gov</a> using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to <a href="https://www.ferc.gov/ferc-online/overview">https://www.ferc.gov/ferc-online/overview</a>.
Dated: April 14, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-08352 Filed 4-19-23; 8:45 am]
BILLING CODE 6717-01-P
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