Notice2023-22696
Natural Gas Pipeline Company of America 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
October 13, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 88 Issue 197 (Friday, October 13, 2023)</title>
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[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Notices]
[Pages 70975-70976]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22696]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP22-491-001]
Natural Gas Pipeline Company of America LLC; Notice of Request
for Extension of Time
Take notice that on September 29, 2023, Natural Gas Pipeline
Company of America LLC (Natural) requested that the Federal Energy
Regulatory Commission (Commission) grant an extension of time, until
December 31, 2023, to complete construction of the Crawford Line #3
Make Piggable Project (Project) and place the Project facilities into
service.
On July 19, 2022, Natural filed a prior notice application,
pursuant to 18 CFR
[[Page 70976]]
157.205, 157.206. 157.208(b) and 157.216(b) of the Commission's
regulations and its blanket certificate authority granted in Docket No.
CP82-402-000 for Commission authorization of the Project.\1\ On
September 27, 2022, BNSF Railway Company (BNSF) filed a protest seeking
additional information on the Project. Natural resolved the protest
with BNSF on October 17, 2022, and the Project was deemed approved as
of such date. Based on the Project approval date of October 17, 2022,
Natural is required to complete Project-related construction by October
17, 2023. Natural states that its request for an extension of time is
due to construction delays, and adverse weather conditions the Project
has experienced, all as more fully discussed in its request for
extension of time letter.
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\1\ Natural Gas Pipeline Company of America, 20 FERC ] 62,415
(1982).
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As of September 29, 2023, Natural's Project construction is
approximately 65 percent complete. However, given the remaining amount
of work and potential for weather or other unforeseen delays, Natural
does not believe it will be able to complete Project construction
activities by October 17, 2023. As such, Natural is respectfully
seeking a limited extension of time in which to complete Project
construction activities. While Natural anticipates achieving mechanical
completion of the Project by November 1, 2023, Natural is requesting an
extension until December 31, 2023, to complete Project construction,
accounting for potential delays.
This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on Natural'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,\2\ the
Commission will aim to issue an order acting on the request within 45
days.\3\ The Commission will address all arguments relating to whether
the applicant has demonstrated there is good cause to grant the
extension.\4\ 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.\5\
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.\6\ The OEP Director, or
his or her designee, will act on all of those extension requests that
are uncontested.
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\2\ Contested proceedings are those where an intervenor disputes
any material issue of the filing. 18 CFR 385.2201(c)(1) (2019).
\3\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40
(2020).
\4\ Id. at P 40.
\5\ 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.
\6\ 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#4c0a091e0f0322202522291f393c3c233e380c2a293e2f622b233a"><span class="__cf_email__" data-cfemail="2c6a697e6f6342404542497f595c5c435e586c4a495e4f024b435a">[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#e3acb3b3a385869180cd848c95"><span class="__cf_email__" data-cfemail="68273838280e0d1a0b460f071e">[email protected]</span></a>.
Comment Date: 5 p.m. Eastern Time on October 23, 2023.
Dated: October 6, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-22696 Filed 10-12-23; 8:45 am]
BILLING CODE 6717-01-P
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