Notice2023-20456
Eastern Shore Natural Gas Company; Notice of Application and Establishing Intervention Deadline
Primary source
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Published
September 21, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 88 Issue 182 (Thursday, September 21, 2023)</title>
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[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Notices]
[Pages 65170-65172]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20456]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP23-536-000]
Eastern Shore Natural Gas Company; Notice of Application and
Establishing Intervention Deadline
Take notice that on August 31, 2023, Eastern Shore Natural Gas
Company (Eastern Shore), 500 Energy Lane, Suite 200, Dover, Delaware,
19901, filed an application under section 7(c) of the Natural Gas Act
(NGA), and part 157 of the Commission's regulations requesting
authorization for its Worcester Resiliency Upgrade Project (Project).
The Project consists of the installation of five (5) liquified natural
gas (LNG) storage tanks and LNG vaporizers in Worcester County, MD.
Eastern Shore also proposes to install approximately 1.1 miles of 10-
inch-diameter pipeline looping in Sussex County, DE and Wicomico
County, MD, upgrades to an existing pressure control station in Sussex
County, DE, and upgrades to three (3) existing meter and regulating
(M&R) stations in Sussex County, DE, Worcester County, MD, and Somerset
County, MD. The Project is designed to store approximately 475,000
gallons of LNG, equivalent to 39,627 Dth, and provide 14,000 Dth/d of
corresponding peak firm natural gas transportation service, as well as
enhance the resiliency of Eastern Shore's system. Eastern Shore
estimates the total cost of the Project to be $79,878,927 and proposes
an initial recourse rate under new Rate Schedules PEAK-FT and PEAK-IT,
all as more fully set forth in the application which is on file with
the Commission and open for public inspection.
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
[[Page 65171]]
Commission at <a href="/cdn-cgi/l/email-protection#276142554468494b4e494274525757485553674142554409404851"><span class="__cf_email__" data-cfemail="35735047567a5b595c5b50664045455a474175535047561b525a43">[email protected]</span></a> or call toll-free, (886) 208-
3676 or TTY (202) 502-8659.
Any questions regarding the proposed project should be directed to
Matt Everngam, Director, Regulatory Affairs, Eastern Shore Natural Gas
Company, 500 Energy Lane, Suite 200, Dover, DE 19901 by phone 1-844-
366-3764 or by email to <a href="/cdn-cgi/l/email-protection#79141c0f1c0b171e1814391a110912571a1614"><span class="__cf_email__" data-cfemail="e588809380978b828488a5868d958ecb868a88">[email protected]</span></a>.
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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Water Quality Certification
Eastern Shore's application states that a water quality certificate
under section 401 of the Clean Water Act is required for the project
from Delaware's DNREC Division of Water Resources and Maryland's MDE
Water Management Administration. The request for certification must be
submitted to the certifying agency 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.
Public Participation
There are three ways to become involved in the Commission's review
of this project: you can file comments on the project, you can protest
the filing, and you can file a motion to intervene in the proceeding.
There is no fee or cost for filing comments or intervening. The
deadline for filing a motion to intervene is 5:00 p.m. Eastern Time on
October 6, 2023. How to file protests, motions to intervene, and
comments is explained below.
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#5a150a0a1a3c3f2839743d352c"><span class="__cf_email__" data-cfemail="aae5fafaeacccfd8c984cdc5dc">[email protected]</span></a>.
Comments
Any person wishing to comment on the project may do so. Comments
may include statements of support or objections, to the project as a
whole or specific aspects of the project. The more specific your
comments, the more useful they will be.
Protests
Pursuant to sections 157.10(a)(4) \2\ and 385.211 \3\ of the
Commission's regulations under the NGA, any person \4\ may file a
protest to the application. Protests must comply with the requirements
specified in section 385.2001 \5\ of the Commission's regulations. 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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\2\ 18 CFR 157.10(a)(4).
\3\ 18 CFR 385.211.
\4\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
\5\ 18 CFR 385.2001.
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To ensure that your comments or protests are timely and properly
recorded, please submit your comments on or before October 6, 2023.
There are three methods you can use to submit your comments or
protests to the Commission. In all instances, please reference the
Project docket number CP23-536-000 in your submission.
(1) 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;
(2) You may file your comments or protests electronically by using
the 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. With eFiling,
you can provide comments in a variety of formats by attaching them as a
file with your submission. 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
``Comment on a Filing''; or
(3) You can file a paper copy of your comments or protests by
mailing them to the following address below. Your written comments must
reference the Project docket number (CP23-536-000).
To file via USPS: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
To file via any other courier: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852.
The Commission encourages electronic filing of comments (options 1
and 2 above) and has eFiling staff available to assist you at (202)
502-8258 or <a href="/cdn-cgi/l/email-protection#cb8daeb9a884a5a7a2a5ae98bebbbba4b9bf8badaeb9a8e5aca4bd"><span class="__cf_email__" data-cfemail="d791b2a5b498b9bbbeb9b284a2a7a7b8a5a397b1b2a5b4f9b0b8a1">[email protected]</span></a>.
Persons who comment on the environmental review of this project
will be placed on the Commission's environmental mailing list, and will
receive notification when the environmental documents (EA or EIS) are
issued for this project and will be notified of meetings associated
with the Commission's environmental review process.
The Commission considers all comments received about the project in
determining the appropriate action to be taken. However, 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.
For instructions on how to intervene, see below.
Interventions
Any person, which includes individuals, organizations, businesses,
municipalities, and other entities,\6\ 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.
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\6\ 18 CFR 385.102(d).
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To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \7\ and the regulations under the NGA \8\ by the
intervention deadline for the project, which is October 6, 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
[[Page 65172]]
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/resources/guides/how-to/intervene.asp">https://www.ferc.gov/resources/guides/how-to/intervene.asp</a>.
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\7\ 18 CFR 385.214.
\8\ 18 CFR 157.10.
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There are two ways to submit your motion to intervene. In both
instances, please reference the Project docket number CP23-536-000 in
your submission.
(1) You may file your motion to intervene 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 ``Intervention.'' The eFiling feature
includes a document-less intervention option; for more information,
visit <a href="https://www.ferc.gov/docs-filing/efiling/document-less-intervention.pdf">https://www.ferc.gov/docs-filing/efiling/document-less-intervention.pdf</a>.; or
(2) You can file a paper copy of your motion to intervene, along
with three copies, by mailing the documents to the address below. Your
motion to intervene must reference the Project docket number CP23-536-
000.
To file via USPS: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
To file via any other courier: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852.
The Commission encourages electronic filing of motions to intervene
(option 1 above) and has eFiling staff available to assist you at (202)
502-8258 or <a href="/cdn-cgi/l/email-protection#90d6f5e2f3dffefcf9fef5c3e5e0e0ffe2e4d0f6f5e2f3bef7ffe6"><span class="__cf_email__" data-cfemail="ca8cafb8a985a4a6a3a4af99bfbabaa5b8be8aacafb8a9e4ada5bc">[email protected]</span></a>.
Protests and motions to intervene must be served on the applicant
either by mail or email at: Matt Everngam, Director, Regulatory
Affairs, Eastern Shore Natural Gas Company, 500 Energy Lane, Suite 200,
Dover, DE 19901 or by email to <a href="/cdn-cgi/l/email-protection#e28f879487908c85838fa2818a9289cc818d8f"><span class="__cf_email__" data-cfemail="c9a4acbfacbba7aea8a489aaa1b9a2e7aaa6a4">[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.
Service can be via email with a link to the document.
All timely, unopposed \9\ motions to intervene are automatically
granted by operation of Rule 214(c)(1).\10\ 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.\11\ 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.
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\9\ The applicant has 15 days from the submittal of a motion to
intervene to file a written objection to the intervention.
\10\ 18 CFR 385.214(c)(1).
\11\ 18 CFR 385.214(b)(3) and (d).
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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="http://www.ferc.gov/docs-filing/esubscription.asp">www.ferc.gov/docs-filing/esubscription.asp</a>.
Intervention Deadline: 5:00 p.m. Eastern Time on October 6, 2023.
Dated: September 15, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-20456 Filed 9-20-23; 8:45 am]
BILLING CODE 6717-01-P
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