Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Notices 79909 

contact FERC Online Support at 

FERCOnlineSupport@ferc.gov, (866) 

208–3676 (toll free), or (202) 502–8659 

(TTY). In lieu of electronic filing, you 

may submit a paper copy. Submissions 

sent via the U.S. Postal Service must be 

addressed to: Debbie-Anne A. Reese, 

Acting Secretary, Federal Energy 

Regulatory Commission, 888 First Street 

NE, Room 1A, Washington, DC 20426. 

Submissions sent via any other carrier 

must be addressed to: Debbie-Anne A. 

Reese, Acting Secretary, Federal Energy 

Regulatory Commission, 12225 Wilkins 

Avenue, Rockville, Maryland 20852. 

The first page of any filing should 

include the docket number P–6959–004. 

Comments emailed to Commission staff 

are not considered part of the 

Commission record. 

The Commission’s Rules of Practice 

and Procedure require all intervenors 

filing documents with the Commission 

to serve a copy of that document on 

each person whose name appears on the 

official service list for the project. 

Further, if an intervenor files comments 

or documents with the Commission 

relating to the merits of an issue that 

may affect the responsibilities of a 

particular resource agency, they must 

also serve a copy of the document on 

that resource agency. 

l. Description of Project Facilities: The 

project works include a 5-foot-high, 

concrete diversion structure; a 1,900- 

foot-long, 24-inch diameter aboveground penstock connected to a 1,000 

foot, 18-inch-diameter buried penstock; 

a powerhouse containing one generating 

units with a total installed capacity of 

750 kilowatts, and appurtenant 

facilities. The project has historically 

operated as run-of-river but has not 

operated since 2008 when it lost its 

power purchase agreement. 

m. Description of Proceeding: The 

licensee has not complied with 

Standard Article 16 of the license which 

was issued on May 12, 1983 (23 FERC 

62,205). Article 16 states that if the 

licensee abandons or discontinues good 

faith operation of the project or refuses 

or neglects to comply with the terms of 

the license and the lawful orders of the 

Commission, the Commission will deem 

it to be the intent of the licensee to 

surrender the license. 

Commission staff issued a letter, on 

September 26, 2019, requesting a plan 

and schedule to resume project 

operation or surrender of the license. On 

February 26, 2019, we granted an 

extension of time until August 2, 2019. 

On October 15, 2020, a second 

extension of time was requested, which 

was granted on October 20, 2020, and 

the filing date was extended to July 15, 

2021. On March 15, 2023, Commission 

staff issued another letter requesting a 

plan and schedule to restore the project 

to operation or an application to 

surrender the exemption by April 14, 

2023. On April 13, 2023, an additional 

extension of time was requested to 

allow for sale of the project. 

Commission staff issued the extension 

of time on May 4, 2023, granting until 

August 2, 2023, to a transfer agreement. 

To date, no additional filings have been 

made. On August 13, 2024, Commission 

staff issued a letter notifying the 

exemptee that it would be initiating 

implied surrender proceedings. 

n. Location of the license for the 

project may be viewed on the 

Commission’s website at http://

www.ferc.gov using the ‘‘eLibrary’’ link. 

Enter the docket number (P–6959) 

excluding the last three digits in the 

docket number field to access the 

document. You may also register online 

at http://www.ferc.gov/docs-filing/ 

esubscription.asp to be notified via 

email of new filings and issuances 

related to this or other pending projects. 

For assistance, call 1–866–208–3676 or 

email FERCOnlineSupport@ferc.gov, for 

TTY, call (202) 502–8659. 

o. Individuals desiring to be included 

on the Commission’s mailing list should 

so indicate by writing to the Secretary 

of the Commission. 

p. Comments, Protests, or Motions To 

Intervene: Anyone may submit 

comments, a protest, or a motion to 

intervene in accordance with the 

requirements of Rules of Practice and 

Procedure, 18 CFR 385.210, .211, .214, 

respectively. In determining the 

appropriate action to take, the 

Commission will consider all protests or 

other comments filed, but only those 

who file a motion to intervene in 

accordance with the Commission’s 

Rules may become a party to the 

proceeding. Any comments, protests, or 

motions to intervene must be received 

on or before the specified comment date 

for the particular application. 

q. Filing and Service of Documents: 

Any filing must (1) bear in all capital 

letters the title ‘‘COMMENTS’’, 

‘‘PROTEST’’, or ‘‘MOTION TO 

INTERVENE’’ as applicable; (2) set forth 

in the heading the name of the applicant 

and the project number of the 

application to which the filing 

responds; (3) furnish the name, address, 

and telephone number of the person 

commenting, protesting or intervening; 

and (4) otherwise comply with the 

requirements of 18 CFR 385.2001 

through 385.2005. All comments, 

motions to intervene, or protests must 

set forth their evidentiary basis. Any 

filing made by an intervenor must be 

accompanied by proof of service on all 

persons listed in the service list 

prepared by the Commission in this 

proceeding, in accordance with 18 CFR 

385.2010. 

r. 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. 

Dated: September 24, 2024. 

Debbie-Anne A. Reese, 

Acting Secretary. 

[FR Doc. 2024–22427 Filed 9–30–24; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. CP23–528–001] 

Midwestern Gas Transmission 

Company; Notice of Request for 

Extension of Time 

Take notice that on September 17, 

2024, Midwestern Gas Transmission 

Company (Midwestern) requested that 

the Commission grant an extension of 

time, until February 14, 2025, to 

complete construction and place into 

service the MGT Southbound Project 

(Project) located in Edgar and 

Vermillion Counties, Illinois, and Ohio 

County, Kentucky. On August 18, 2023, 

the Commission issued a Notice of 

Request Under Blanket Authorization, 

which established a 60-day comment 

period, ending on October 17, 2023, to 

file protests. No protests were filed 

during the comment period, and 

accordingly the project selfimplemented on October 18, 2023, and 

by Rule should have been completed 

within one year. 

Midwestern states it is waiting on the 

delivery of required materials, which 

has been twice postponed by the 

manufacturer and currently is not 

scheduled to arrive until September 30, 

2024. Midwestern avers this delivery 

delay does not afford Midwestern 

sufficient time to complete construction 

of the project and place it into service. 

Based on the current scheduled delivery 

date, Midwestern anticipates being able 

to place the project in service by 


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79910 Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Notices 

1Contested proceedings are those where an 

intervenor disputes any material issue of the filing. 

18 CFR 385.2201(c)(1). 

2Algonquin Gas Transmission, LLC, 170 FERC 

¶ 61,144, at P 40 (2020). 

3 Id. at P 40. 

4Similarly, 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. 

5Algonquin Gas Transmission, LLC, 170 FERC 

¶ 61,144, at P 40 (2020). 

1 In accordance with the Council on 

Environmental Quality’s regulations, the unique 

identification number for documents relating to this 

environmental review is EAXX–019–20–000– 

1726749058. 40 CFR 1501.5(c)(4) (2024). 

October 25, 2024. However, to provide 

a reasonable cushion in the event of 

continued delays, Midwestern is 

requesting a 4-month extension of time. 

This notice establishes a 15-calendar 

day intervention and comment period 

deadline. Any person wishing to 

comment on Midwestern’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,1 the 

Commission will aim to issue an order 

acting on the request within 45 days.2

The Commission will address all 

arguments relating to whether the 

applicant has demonstrated there is 

good cause to grant the extension.3 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).4 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.5 The 

Director of the Office of Energy Projects, 

or his or her designee, will act on all of 

those extension requests that are 

uncontested. 

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 (http://

www.ferc.gov). 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 

ferconlinesupport@ferc.gov, or the 

Public Reference Room at (202) 502– 

8371, TTY (202) 502–8659. Email the 

Public Reference Room at 

public.referenceroom@ferc.gov. 

The Commission strongly encourages 

electronic filings of comments in lieu of 

paper using the ‘‘eFile’’ link at http://

www.ferc.gov. 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 OPP@

ferc.gov. 

Comment Date: 5 p.m. eastern time on 

October 9, 2024. 

Dated: September 24, 2024. 

Debbie-Anne A. Reese, 

Acting Secretary. 

[FR Doc. 2024–22421 Filed 9–30–24; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 2601–077] 

Northbrook Hydro Carolina II, LLC; 

Notice of Intent To Prepare an 

Environmental Assessment 

On November 16, 2023, as 

supplemented on March 11, 2024, and 

April 30, 2024, Northbrook Hydro 

Carolina II, LLC filed an application to 

surrender the project license for the 

Bryson Hydroelectric Project No. 2601. 

The project is located on the 

Oconaluftee River in Swain County, 

North Carolina. The project does not 

occupy any Federal lands. 

The project is located on the 

Oconaluftee River downstream of the 

Great Smoky Mountain National Park 

and the lands of the Eastern Band of 

Cherokee Indians (Qualla Boundary). 

The project boundary abuts the Qualla 

Boundary for 1.5 miles. The proposed 

mode of surrender would include 

disconnection from the utility 

interconnection point and the removal 

of the generators and turbines. The 

licensee would offer the generators, 

control equipment, and wiring for sale 

following decommissioning, or would 

properly dispose of the equipment. The 

proposal includes leaving the dam and 

associated structures intact and 

operational. The licensee intends to 

later deed ownership of the project to 

Mainspring Conservation Land Trust for 

potential future removal of the dam after 

the surrender is final. 

This notice identifies Commission 

staff’s intention to prepare an 

environmental assessment (EA) for the 

project.1 The planned schedule for the 

completion of the EA is January 31, 

2025. Revisions to the schedule may be 

made as appropriate. The EA will be 

issued and made available for review by 

all interested parties and a 30-day 

public comment period. All comments 

filed on the EA will be reviewed by staff 

and considered in the Commission’s 

final decision on the proceeding. 

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 to access publicly available 

information and navigate Commission 


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