Notice2023-09942
Transcontinental Gas Pipe Line Company, LLC; Notice of Request for Extension of Time
Primary source
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Published
May 10, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 88 Issue 90 (Wednesday, May 10, 2023)</title>
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[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Pages 30125-30126]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09942]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP17-101-005]
Transcontinental Gas Pipe Line Company, LLC; Notice of Request
for Extension of Time
Take notice that on April 27, 2023, Transcontinental Gas Pipe Line
Company, LLC (Transco) requested that the Federal Energy Regulatory
Commission (Commission) grant an extension of time, until May 3, 2025,
to construct and place into service, its Northeast Supply Enhancement
(NESE) Project located in Pennsylvania, onshore and offshore New
Jersey, and offshore New York as authorized in the Order
[[Page 30126]]
Issuing Certificate (Order).\1\ Ordering Paragraph (B)(1) of the Order
required Transco to complete the construction of the NESE Project
facilities and make them available for service within two years of the
date of the Order, or by May 3, 2021.
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\1\ Transcontinental Gas Pipe Line Company, LLC, 167 FERC ]
61,110 (2019).
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On May 20, 2021, the Commission granted Transco an extension of
time, until May 3, 2023, to complete construction of the NESE Project
and make it available for service.\2\ Construction on the NESE Project
has not begun. Transco states that it continues to review the scope of
work for the NESE Project to not only meet Brooklyn Union Gas Company
and KeySpan Gas East Corporation's (collectively, National Grid) firm
transportation capacity needs but also to address water quality
concerns raised by New York and New Jersey in their respective denials
of water quality certification for the project under section 401 of the
Clean Water Act. Transco asserts that the continuing need for the NESE
Project is demonstrated by the 15-year term precedent agreements with
National Grid for the entirety of the NESE Project's capacity, which
remain in full force and effect. As a result, Transco now requests an
additional two years, or until May 3, 2025, to complete construction of
the NESE Project and make it available for service.
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\2\ Transcontinental Gas Pipe Line Company, LLC, 175 FERC ]
61,148 (2021).
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This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on Transco'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
(NGA) (18 CFR 157.10).
As a matter of practice, the Commission itself generally acts on
requests for extensions of time to complete construction for NGA
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) (2022).
\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 National Environmental Policy Act.
\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. For assistance, contact FERC at <a href="/cdn-cgi/l/email-protection#62242730212d0c0e0b0c07311712120d101622040710014c050d14"><span class="__cf_email__" data-cfemail="9adcdfc8d9d5f4f6f3f4ffc9efeaeaf5e8eedafcffe8f9b4fdf5ec">[email protected]</span></a> or
call toll-free, (886) 208-3676 or TTY, (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 Federal Energy Regulatory
Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
Comment Date: 5:00 p.m. Eastern Time on May 19, 2023.
Dated: May 4, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-09942 Filed 5-9-23; 8:45 am]
BILLING CODE 6717-01-P
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