Notice2024-02378

Tennessee Gas Pipeline Company, L.L.C; Southern Natural Gas Company, L.L.C; Notice of Requests 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
February 6, 2024

Issuing agencies

Energy DepartmentFederal Energy Regulatory Commission

Full Text

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<title>Federal Register, Volume 89 Issue 25 (Tuesday, February 6, 2024)</title>
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[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Notices]
[Page 8196]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02378]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP20-50-000; CP20-51-000]


Tennessee Gas Pipeline Company, L.L.C; Southern Natural Gas 
Company, L.L.C; Notice of Requests for Extension of Time

    Take notice that on January 26, 2024, Tennessee Gas Pipeline 
Company, L.L.C. (Tennessee) and Southern Natural Gas Company, L.L.C. 
(Southern) requested that the Federal Energy Regulatory Commission 
(Commission) grant an extension of time, until September 30, 2025, to 
construct and place into service its Evangeline Pass Project (Project) 
located in Louisiana as authorized in the Order Issuing Certificates 
and Approving Abandonments (Order).\1\ The Order required Tennessee and 
Southern to complete construction of the Project and make it available 
for service within two years of the date of the Order, or by March 25, 
2024.
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    \1\ Tennessee Gas Pipeline Company, L.L.C. and Southern Natural 
Gas Company, L.L.C., 178 FERC ] 61,199 (2022).
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    Tennessee and Southern assert that they faced permitting delays 
after the Order Addressing Arguments Raised on Rehearing was issued on 
September 29, 2022.\2\ They submitted an implementation plan and 
secured approval from the Commission on September 8, 2023, to begin 
construction. However, they have faced delays in securing construction 
contractors, finalizing land acquisition, and obtaining state and local 
permits. As a result, they anticipate beginning construction activities 
during the first quarter of 2024. Tennessee and Southern have requested 
an extension of the in-service date to September 30, 2025, to ensure 
that all necessary restoration activities are underway, and the Project 
facilities are fully constructed.
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    \2\ Tennessee Gas Pipeline Company, L.L.C. and Southern Natural 
Gas Company, L.L.C., 180 FERC ] 61,205 (2022).
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    This notice establishes a 15-calendar day intervention and comment 
period deadline. Any person wishing to comment on Tennessee and 
Southern'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 (NEPA).\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 Director of the Office of Energy 
Projects, 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).
    \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 NEPA.
    \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. Public access 
to records formerly available in the Commission's physical Public 
Reference Room, which was located at the Commission's headquarters, 888 
First Street NE, Washington, DC 20426, are now available via the 
Commission's website. For assistance, contact FERC at 
<a href="/cdn-cgi/l/email-protection#3a7c7f687975545653545f694f4a4a55484e7a5c5f4859145d554c"><span class="__cf_email__" data-cfemail="773132253438191b1e191224020707180503371112051459101801">[email&#160;protected]</span></a> or call toll free, (866) 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 which must 
reference the Project docket number.

To file via USPS: Debbie-Anne A. Reese, Acting Secretary, Federal 
Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426
To file via any other courier: Debbie-Anne A. Reese, Acting 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#f8b7a8a8b89e9d8a9bd69f978e"><span class="__cf_email__" data-cfemail="97d8c7c7d7f1f2e5f4b9f0f8e1">[email&#160;protected]</span></a>.
    Comment Date: 5:00 p.m. Eastern Time on February 15, 2024.

    Dated: January 31, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-02378 Filed 2-5-24; 8:45 am]
BILLING CODE 6717-01-P


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Indexed from Federal Register on February 6, 2024.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.