[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Notices]
[Page 8579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03217]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP19-501-000]


Texas Eastern Transmission, LP; Notice of Request for Extension 
of Time

    Take notice that on February 7, 2022, Texas Eastern Transmission, 
LP. (Texas Eastern), requested that the Federal Energy Regulatory 
Commission (Commission) grant an extension of time, until March 24, 
2023, to complete construction of the Bailey East Mine Panel 11J 
Project (Project) and make the Project available for service, as 
authorized in the March 24, 2020 Order Issuing Certificates 
(Certificate Order).\1\
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    \1\ Texas Eastern Transmission, LP, 170 FERC ] 62,167 
(2020)(Certificate Order).
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    Texas Eastern was granted authorization to excavate, elevate, and 
replace certain segments of four different natural gas transmission 
pipelines and appurtenant facilities, and to monitor potential strains 
on the pipeline sections due to anticipated longwall mining activities 
planned by CONSOL Energy, Inc. (CONSOL) in Marshall County, West 
Virginia. The Certificate Order required Texas Eastern to complete 
construction of the Project facilities and make them available for 
service by March 24, 2022.\2\ Texas Eastern has completed the 
reinstallation of Lines 15 and 30 below ground and placed those lines 
back into service in December 2021. Due to delays in the reinstallation 
and hydrostatic testing of Lines 10 and 25, Texas Eastern now request 
an additional year, until March 24, 2023, to complete construction of 
the Project and place it into service.
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    \2\ Certificate Order, 170 FERC ] 62,167 at ordering para. (D).
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    This notice establishes a 15-calendar day intervention and comment 
period deadline. Any person wishing to comment on Texas Eastern'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,\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.\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 OEP Director, 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) (2019).
    \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 (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 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#2a6c6f786965444643444f795f5a5a45585e6a4c4f5849044d455c"><span class="__cf_email__" data-cfemail="5d1b180f1e1233313433380e282d2d322f291d3b382f3e733a322b">[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 24, 2022.

    Dated: February 9, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-03217 Filed 2-14-22; 8:45 am]
BILLING CODE 6717-01-P


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