Notice2023-13759
Mountain Valley Pipeline, LLC; Notice of Request for Extension of Time
Primary source
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Published
June 28, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 88 Issue 123 (Wednesday, June 28, 2023)</title>
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[Federal Register Volume 88, Number 123 (Wednesday, June 28, 2023)]
[Notices]
[Pages 41952-41953]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13759]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP19-14-002]
Mountain Valley Pipeline, LLC; Notice of Request for Extension of
Time
Take notice that on June 15, 2023, Mountain Valley Pipeline, LLC
(Mountain Valley), requested that the Federal Energy Regulatory
Commission (Commission) grant an extension of time until June 18, 2026,
to complete construction of the MVP Southgate Project (Southgate
Project) and place the Southgate Project facilities into service, as
authorized in the June 18, 2020 Order Issuing Certificate (Certificate
Order),\1\ under Section 7 of The Natural Gas Act.
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\1\ Mountain Valley Pipeline, LLC, 171 FERC ] 61,232 (2020),
order on reh'g, 172 FERC ] 61,261 (2020), aff'd sub. nom., Sierra
Club, et al. v. FERC, 38 F.4th 220 (D.C. Cir. 2022).
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On June 24, 2022, Mountain Valley filed a motion requesting a four-
year extension of time, until October 13, 2026, to construct and place
into service the Mountain Valley Pipeline Project (Mainline System) and
the Greene
[[Page 41953]]
Interconnect.\2\ The extension of time for the Mainline System was
granted on August 23, 2022.\3\
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\2\ Mountain Valley Pipeline, LLC, June 24, 2022 Request for
Extension of Time. The Mountain Valley Pipeline Project was
certificated in Docket No. CP16-10-000 and amended in Docket No.
CP21-477-000. The Greene Interconnect Project was authorized in
Docket No. CP19-477-000 pursuant to Mountain Valley's blanket
certificate.
\3\ Mountain Valley Pipeline, LLC, 180 FERC ] 61,117 (2022).
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Mountain Valley states that construction and completion of the
Mainline System has been delayed due to persistent litigation and
resultant repetitive permitting processes. The Southgate Project has
experienced its own permitting delays, some of which is directly tied
to Mainline System permitting.\4\
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\4\ Mountain Valley Pipeline, LLC v. N.C. Dep't of Env't
Quality, 990 F.3d 818, 833 (4th Cir. 2021).
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Mountain Valley asserts that even if the Southgate Project had all
of its permits, the Mainline System permitting delays would have
prevented Mountain Valley from commencing construction of the Southgate
Project under the terms of the Certificate Order. In its request
Mountain Valley avers that the circumstances have changed because
President Biden signed legislation that will expedite the completion of
the Mainline System.\5\ Mountain Valley affirms that it is awaiting
permits from the U.S. Army Corps of Engineers and approval from the
Commission to resume full construction of the Mainline System. Mountain
Valley is targeting to complete construction and commence service on
the Mainline System by the end of 2023. After resolving Mainline System
permitting, Mountain Valley plans to resume its permitting efforts for
the Southgate Project.
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\5\ Fiscal Responsibility Act of 2023, H.R. 3746, 118th Cong.
Sec. 324 (2023).
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This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on Mountain Valley'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 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) (2022).
\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 the Commission's Public
Reference Room. For assistance, contact FERC at
<a href="/cdn-cgi/l/email-protection#92d4d7c0d1ddfcfefbfcf7c1e7e2e2fde0e6d2f4f7e0f1bcf5fde4"><span class="__cf_email__" data-cfemail="d69093849599b8babfb8b385a3a6a6b9a4a296b0b3a4b5f8b1b9a0">[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 Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852.
The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at (202) 502-6595 or <a href="/cdn-cgi/l/email-protection#baf5eaeafadcdfc8d994ddd5cc"><span class="__cf_email__" data-cfemail="357a656575535047561b525a43">[email protected]</span></a>.
Comment Date: 5:00 p.m. Eastern Time on July 7, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-13759 Filed 6-27-23; 8:45 am]
BILLING CODE 6717-01-P
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