Notice2024-09200
WBI Energy Transmission, Inc.; 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
April 30, 2024
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 89 Issue 84 (Tuesday, April 30, 2024)</title>
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[Federal Register Volume 89, Number 84 (Tuesday, April 30, 2024)]
[Notices]
[Pages 34229-34230]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09200]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP23-87-001]
WBI Energy Transmission, Inc.; Notice of Request for Extension of
Time
Take notice that on April 11, 2024, WBI Energy Transmission, Inc.
(WBI Energy) requested that the Federal Energy Regulatory Commission
(Commission) grant an extension of time, until October 1, 2024, to
construct and place into service its Line Section 15 Expansion Project
(Project) located in Butte, Lawrence, Meade, and Pennington Counties,
South Dakota. On March 14, 2023, the Commission issued a Notice of
Request Under Blanket Authorization, which established a 60-day comment
period, ending on May 15, 2023, to file protests. No protests were
filed during the comment period, and accordingly the project was
authorized on May 15, 2023 and by Rule should have been completed
within one year.
In its 2023 Extension of Time Request, WBI Energy states that it
will not be able to complete all the work associated with the Project
by the May 15, 2024, deadline. As of November 12, 2023, the
commissioning of all Project facilities was complete except for
remaining work on the 500-foot Yellow Mainline Extension from the
existing Krebs Station to the new Krebs Station.\1\ At that time,
Montana-Dakota Utilities Co. (Montana-Dakota), a Project shipper, had
yet to complete its required work downstream of the new Krebs Station
and WBI Energy utilized a minor temporary pipeline reconfiguration to
allow natural gas to continue to flow to the existing Krebs Station as
reported in the weekly construction reports. Currently, Montana-Dakota
is scheduled to complete its required work downstream of the new Krebs
Station by the end of August 2024. After Montana-Dakota completes its
work, WBI Energy can finish the remaining work on the Yellow Mainline
Extension and complete necessary tie-ins to deliver gas to Montana-
Dakota through the new Krebs Station. Accordingly, WBI Energy requests
an extension of time until October 1, 2024, to complete construction of
project facilities and
[[Page 34230]]
begin providing service to Montana-Dakota through the new Krebs
Station.
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\1\ WBI Energy is reporting in its weekly construction reports
that the extensions of the Red and Yellow Mainlines at the Krebs
Station are 98 percent complete with the remaining 2 percent of work
associated with the Yellow Mainline Extension.
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This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on WBI Energy'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,\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 (NEPA).\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 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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\2\ Contested proceedings are those where an intervenor disputes
any material issue of the filing. 18 CFR 385.2201(c)(1).
\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>). From
the Commission's Home Page on the internet, this information is
available on eLibrary. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
number excluding the last three digits of this document in the docket
number field.
User assistance is available for eLibrary and the Commission's
website during normal business hours from FERC Online Support at 202-
502-6652 (toll free at 1-866-208-3676) or email at
<a href="/cdn-cgi/l/email-protection#dfb9baadbcb0b1b3b6b1baacaaafafb0adab9fb9baadbcf1b8b0a9"><span class="__cf_email__" data-cfemail="086e6d7a6b67666461666d7b7d7878677a7c486e6d7a6b266f677e">[email protected]</span></a>, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at
<a href="/cdn-cgi/l/email-protection#077772656b6e64297562616275626964627568686a476162756429606871"><span class="__cf_email__" data-cfemail="6a1a1f0806030944180f0c0f180f04090f180505072a0c0f1809440d051c">[email protected]</span></a>.
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#b1fee1e1f1d7d4c3d29fd6dec7"><span class="__cf_email__" data-cfemail="c58a959585a3a0b7a6eba2aab3">[email protected]</span></a>.
Comment Date: 5 p.m. eastern time on May 8, 2024.
Dated: April 23, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-09200 Filed 4-29-24; 8:45 am]
BILLING CODE 6717-01-P
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