[Federal Register Volume 87, Number 25 (Monday, February 7, 2022)]
[Notices]
[Pages 6862-6863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02500]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-115-000; Docket No. CP15-115-001]


National Fuel Gas Supply Corporation Empire Pipeline, Inc.; 
Notice of Request for Extension of Time

    Take notice that on January 28, 2021, National Fuel Gas Supply 
Corporation (National Fuel) and Empire Pipeline, Inc. (Empire) 
(collectively, Applicants), requested that the Federal Energy 
Regulatory Commission (Commission) grant an extension of time, until 
December 31, 2024, to complete construction of the Northern Access 
Project (Project) and make the Project available for service, as 
authorized in the February 3, 2017 Order Granting Abandonment and 
Issuing Certificates (Certificate Order).\1\
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    \1\ Nat'l Fuel Gas Supply Corp., 158 FERC ] 61,145 (2017) 
(Certificate Order), order on reh'g and motion for waiver 
determination under Section 401 of the Clean Water Act, 164 FERC ] 
61,084 (2018) (Rehearing Order), order denying reh'g, 167 FERC ] 
61,007 (2019) (Order Denying Rehearing), pet. for review denied sub 
nom., N.Y. State Dep't of Env't Conservation v. FERC, 991 F.3d 439 
(2d Cir. 2021).
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    The Project consists of approximately 99 miles of new pipeline, 
primarily 24-inches in diameter, to be constructed in McKean County, 
Pennsylvania, and Allegany, Cattaraugus, Erie, and Niagara Counties, 
New York; a new compressor station along Empire's system in Niagara 
County, New York; and additional compression at National Fuel's 
existing Porterville Compressor Station in Erie County, New York, as 
well as new pipeline interconnects and various auxiliary and 
appurtenant facilities. The Certificate Order required Applicants to 
complete construction of the Project facilities and make them available 
for service by February 3, 2019.\2\ In January 2019, the Commission 
granted Applicants' request for a three-year extension, until February 
3, 2022, to complete construction and place the Project facilities into 
service.\3\ Due to legal, regulatory, and procurement delays, 
Applicants now request an additional 34-month extension of time, until 
December 31, 2024, to complete construction of the Project and place it 
into service.
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    \2\ Certificate Order, 158 FERC ] 61,145 at ordering para. 
(C)(1).
    \3\ Letter Order to National Fuel Gas Supply Corp. and Empire 
Pipeline, Inc., Docket No. CP15-115-000 (issued Jan. 31, 2019) 
(National Fuel Letter Order).
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    This notice establishes a 15-calendar day intervention and comment 
period deadline. Any person wishing to comment on National Fuel and 
Empire'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,\4\ the 
Commission will aim to issue an order acting on the request within 45 
days.\5\ The Commission will address all arguments relating to whether 
the applicant has demonstrated there is good cause to grant the 
extension.\6\ 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.\7\ 
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.\8\ The OEP Director, or 
his or her designee, will act on all of those extension requests that 
are uncontested.
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    \4\ Contested proceedings are those where an intervenor disputes 
any material issue of the filing. 18 CFR 385.2201(c)(1) (2019).
    \5\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40 
(2020).
    \6\ Id. at P 40.
    \7\ 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.
    \8\ 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 (http://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

[[Page 6863]]

time, the Commission has suspended access to Commission's Public 
Reference Room, due to the proclamation declaring a National Emergency 
concerning the Novel Coronavirus Disease (COVID-19), issued by the 
President on March 13, 2020. For assistance, contact FERC at 
<a href="/cdn-cgi/l/email-protection#15535047565a7b797c7b70466065657a676155737067763b727a63"><span class="__cf_email__" data-cfemail="a8eeedfaebe7c6c4c1c6cdfbddd8d8c7dadce8cecddacb86cfc7de">[email protected]</span></a> or call toll-free, (886) 208-3676 or TYY, 
(202) 502-8659.
    The Commission strongly encourages electronic filings of comments, 
protests and interventions in lieu of paper using the ``eFile'' link at 
http://www.ferc.gov. Persons unable to file electronically may mail 
similar pleadings to the Federal Energy Regulatory Commission, 888 
First Street NE, Washington, DC 20426. Hand delivered submissions in 
docketed proceedings should be delivered to Health and Human Services, 
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Time on February 16, 2022.

    Dated: February 1, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-02500 Filed 2-4-22; 8:45 am]
BILLING CODE 6717-01-P


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