[Federal Register Volume 87, Number 128 (Wednesday, July 6, 2022)]
[Notices]
[Pages 40232-40233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14332]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP16-10-000; CP21-57-000; CP19-477-000]


Mountain Valley Pipeline, LLC; Notice of Request for Extension of 
Time

    Take notice that on June 24, 2022, Mountain Valley Pipeline, LLC 
(Mountain Valley) requested that the Federal Energy Regulatory 
Commission (Commission) grant an extension of time, until October 13, 
2026, to complete construction of the Mountain Valley Pipeline Project 
(Project) and place the Project facilities into service, as authorized 
in the October 13, 2017 Order Issuing Certificate.\1\ On October 9, 
2020, the Commission issued an order granting a two-year extension of 
time, until October 13, 2022, for Mountain Valley to complete 
construction of the Project and place the Project facilities into 
service.\2\ On April 8, 2022, the Commission issued an order amending 
the Project certificate to permit Mountain Valley to: (1) change the 
crossing method for 183 waterbodies and wetlands; (2) slightly shift 
the permanent right-of-way at mileposts 0.70 and 230.8 to avoid one 
wetland and one waterbody, respectively; and (3) conduct 24-hour 
construction activities at eight trenchless crossings. The Commission 
conditioned the Amendment Order on Mountain Valley completing 
construction by the October 13, 2022 construction deadline.
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    \1\ Mountain Valley Pipeline, LLC, 161 FERC ] 61,043 (2017), 
order on reh'g, 163 FERC ] 61,197 (2018) (``Certificate Order''), 
aff'd sub. nom., Appalachian Voices v. FERC, No. 17-1271, 2019 WL 
847199 (D.C. Cir. Feb. 19, 2019). The Order required Mountain Valley 
to construct and place the facilities in service within three years 
of the date of the Order or October 13, 2020.
    \2\ Mountain Valley Pipeline, LLC, 173 FERC ] 61,026 (2020), 
petition for review pending sub nom. Sierra Club v. FERC, No. 20-
1512 (D.C. Cir.) (oral argument held Apr. 7, 2022). On September 29, 
2021, Mountain Valley filed a request for extension of time in 
Docket No. CP19-477-000 to align the in-service deadline for its 
already-constructed Greene Interconnect with that for the mainline 
Project. The Commission has not yet acted on that uncontested 
request. As part of the instant request, Mountain Valley is 
modifying the pending request in that docket for consistency.
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    Mountain Valley states that its request for an extension of time is 
due to the ongoing litigation and remand proceedings related to several 
permits and authorizations in the above identified dockets.
    Mountain Valley states that it has shown good cause for the 
extension as Project construction is substantially complete and 
Mountain Valley is actively working to reinstate all required permits 
so that it can complete construction as expeditiously as possible. 
Mountain Valley avers it is currently obtaining all necessary permits, 
including updated environmental findings where applicable, that will be 
in place before Mountain Valley is permitted to complete construction 
of the Project. Mountain Valley states it has expended approximately 
$5.5 billion on the Project to date and the Project's total cost is 
targeted to be approximately $6.6 billion. Mountain Valley states its 
extension of time request is necessary to maintain its erosion and 
sedimentation control program. Finally, Mountain Valley states that the 
Project remains fully subscribed under binding long-term agreements. 
Accordingly, Mountain Valley requests an extension of the October 13, 
2022 deadline until October 13, 2026, to complete construction of the 
Mountain Valley Pipeline Project and place the Project facilities into 
service.
    This notice establishes a 15-calendar day intervention and comment 
period deadline. Any person wishing to comment on Mountain Valley'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

[[Page 40233]]

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#4b0d0e190804252722252e183e3b3b24393f0b2d2e3928652c243d"><span class="__cf_email__" data-cfemail="2b6d6e796864454742454e785e5b5b44595f6b4d4e5948054c445d">[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 July 14, 2022.

    Dated: June 29, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-14332 Filed 7-5-22; 8:45 am]
BILLING CODE 6717-01-P


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