Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Docket No. CP23-536-000]

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 (                    *www.ferc.gov*) 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                           ( print page 65171)                        Commission at                     *FercOnlineSupport@ferc.gov*                     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                     *meverngam@chpk.com.*

                    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.                

## 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                     *OPP@ferc.gov.*

## 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.                

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                     *www.ferc.gov*                     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 (                    *www.ferc.gov*) 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                     *FercOnlineSupport@ferc.gov.*

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.                

                    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                           ( print 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                     *https://www.ferc.gov/​resources/​guides/​how-to/​intervene.asp.*

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 (                    *www.ferc.gov*) 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                     *https://www.ferc.gov/​docs-filing/​efiling/​document-less-intervention.pdf.;*                     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                     *FercOnlineSupport@ferc.gov.*

                    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                     *meverngam@chpk.com.*                     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.                

## 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                     *www.ferc.gov*                     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                     *www.ferc.gov/​docs-filing/​esubscription.asp.*

*Intervention Deadline:*                     5:00 p.m. Eastern Time on October 6, 2023.                

Dated: September 15, 2023.

Kimberly D. Bose,

Secretary.

# Footnotes

1.                             18 CFR (Code of Federal Regulations) 157.9.                    
        Back to Citation      

2.                             18 CFR 157.10(a)(4).                    
        Back to Citation      

3.                             18 CFR 385.211.                    
        Back to Citation      

4.                             Persons include individuals, organizations, businesses, municipalities, and other entities. 18 CFR 385.102(d).                    
        Back to Citation      

5.                             18 CFR 385.2001.                    
        Back to Citation      

6.                             18 CFR 385.102(d).                    
        Back to Citation      

7.                             18 CFR 385.214.                    
        Back to Citation      

8.                             18 CFR 157.10.                    
        Back to Citation      

9.                             The applicant has 15 days from the submittal of a motion to intervene to file a written objection to the intervention.                    
        Back to Citation      

10.                             18 CFR 385.214(c)(1).                    
        Back to Citation      

11.                             18 CFR 385.214(b)(3) and (d).                    
        Back to Citation      

[FR Doc. 2023-20456 Filed 9-20-23; 8:45 am]

BILLING CODE 6717-01-P