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. CP22-90-000]

Take notice that on March 10, 2022, National Fuel Gas Distribution Corporation (National Fuel Distribution), 6363 Main Street Williamsville, NY 14221-5887 filed in the above referenced docket an application pursuant to section 7(f) of the Natural Gas Act and Part 157 of the Commission's regulations requesting that the jurisdictional natural gas distribution facilities within its distribution service area locations may, without further Commission authorization, be enlarged or expanded.

                    National Fuel Distribution filed a request for the Commission's authorization to have its service area determination under Section 7(f) of the NGA amended and enlarged to allow it to operate a minimal amount of                           ( print page 16177)                        residential service piping across Erie County, Pennsylvania to Chautauqua County, New York border in order to distribute and deliver natural gas to a small number of Pennsylvania retail customers whose residences lie in close proximity to the Pennsylvania/New York border. National Fuel Distribution also requests a finding that qualifies for treatment as an LDC for purposes of Section 311 of the Natural Gas Policy Act and a waiver of various Commission requirements as appropriate and consistent with the requested determination.                

                    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://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, 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 the Federal Energy Regulatory Commission at                     *FERCOnlineSupport@ferc.gov*                     or call toll-free, (886) 208-3676 or TYY, (202) 502-8659.                

                    Any questions concerning this application should be directed to Jeffrey B. Same, Esq. Senior Attorney, National Fuel Gas Distribution Corporation, 6363 Main Street Williamsville, NY 14221-5887; by phone (716) 857-7507; or by email:                     *SameJ@natfuel.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.                

## Public Participation

There are three ways to become involved in the Commission's review of this project: You can file a protest to the project, you can file a motion to intervene in the proceeding, and you can file comments on the project. There is no fee or cost for filing protests, motions to intervene, or comments. The deadline for filing protests, motions to intervene, and comments is 5:00 p.m. Eastern Time on April 5, 2022. How to file protests, motions to intervene, and comments is explained below.

### Protests

                    Pursuant to section 157.205 of the Commission's regulations under the NGA,[2]                                          any person [3]                                          or the Commission's staff may file a protest to the request. If no protest is filed within the time allowed or if a protest is filed and then withdrawn within 30 days after the allowed time for filing a protest, the proposed activity shall be deemed to be authorized effective the day after the time allowed for protest. If a protest is filed and not withdrawn within 30 days after the time allowed for filing a protest, the instant request for authorization will be considered by the Commission.                

                    Protests must comply with the requirements specified in section 157.205(e) of the Commission's regulations,[4]                                          and must be submitted by the protest deadline, which is April 5, 2022. A protest may also serve as a motion to intervene so long as the protestor states it also seeks to be an intervenor.                

### Interventions

Any person 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 [5]                                          and the regulations under the NGA [6]                                          by the intervention deadline for the project, which April 5, 2022. As described further in Rule 214, your motion to intervene must state, to the extent known, your position regarding the proceeding, as well as 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.*

All timely, unopposed motions to intervene are automatically granted by operation of Rule 214(c)(1). 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. 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.

### Comments

Any person wishing to comment on the project may do so. The Commission considers all comments received about the project in determining the appropriate action to be taken. To ensure that your comments are timely and properly recorded, please submit your comments on or before April 5, 2022. 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.

### How to File Protests, Interventions, and Comments

There are two ways to submit protests, motions to intervene, and comments. In both instances, please reference the Project docket number CP22-90-000 in your submission.

                    (1) You may file your protest, motion to intervene, and comments 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                           ( print page 16178)                        select “Protest”, “Intervention”, or “Comment on a Filing”; or [7] 

(2) You can file a paper copy of your submission by mailing it to the address below. Your submission must reference the Project docket number CP22-90-000.

To mail via USPS, use the following address:

Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426

To mail via any other courier, use the following address:

Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852

                    The Commission encourages electronic filing of submissions (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 (with a link to the document) at: Jeffrey B. Same, Esq. Senior Attorney National Fuel Gas Distribution Corporation, 6363 Main Street Williamsville, NY 14221-5887; by phone (716) 857-7507; or by email:                     *SameJ@natfuel.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.

## 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                     *https://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.*

Dated: March 16, 2022.

Kimberly D. Bose,

Secretary.

# Footnotes

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

2.                             18 CFR 157.205.                    
        Back to Citation      

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

4.                             18 CFR 157.205(e).                    
        Back to Citation      

5.                             18 CFR 385.214.                    
        Back to Citation      

6.                             18 CFR 157.10.                    
        Back to Citation      

7.                             Additionally, 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.                    
        Back to Citation      

[FR Doc. 2022-06016 Filed 3-21-22; 8:45 am]

BILLING CODE 6717-01-P