[Federal Register Volume 86, Number 57 (Friday, March 26, 2021)]
[Notices]
[Pages 16206-16207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06309]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-101-000]


Transcontinental Gas Pipe Line Company, LLC; Notice of Request 
for Extension of Time

    Take notice that on March 19, 2021, Transcontinental Gas Pipe Line 
Company, LLC (Transco) requested that the Federal Energy Regulatory 
Commission (Commission) grant an extension of time until May 3, 2023 to 
complete construction of, and place into service, its Northeast Supply 
Enhancement (NESE) Project located in Pennsylvania, onshore and 
offshore New Jersey, and offshore New York as authorized in the Order 
Issuing Certificate (Order) on May 3, 2019.\1\ Ordering Paragraph 
(B)(1) of the Order required Transco to complete the construction of 
the NESE Project facilities and make them available for service within 
two years of the date of the Order, or by May 3, 2021.
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    \1\ Transcontinental Gas Pipe Line Company, LLC, 167 FERC ] 
61,110 (2019).
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    On May 15, 2020, the New York State Department of Environmental 
Conservation (NYSDEC) denied Transco's application for a water quality 
certification under section 401 of the Clean Water Act. Simultaneously, 
the New Jersey Department of Environmental Protection denied Transco's 
application for a water quality certification and other individual 
permits. As part of its denial, NYSDEC cites lack of demand for the 
NESE Project. Transco asserts that the market disruption caused by the 
COVID-19 pandemic is temporary and a need for additional firm 
transportation remains. Transco states that its binding precedent 
agreement with National Grid remains in full force and effect and 
Transco remains fully committed to constructing the NESE Project. 
Transco avers the COVID-19 pandemic is also having a direct and adverse 
impact on state and local areas resources and Transco's development of 
the NESE Project. Moreover, Transco states that it plans to refile its 
section 401 applications later this year. Transco avers that 
postponement of the in-service date for the NESE Project has no impact 
on the public interest findings in the Order and the environmental 
record is current and relevant. Accordingly, Transco now requests an 
additional two years, or until May 3, 2023, to complete the 
construction of the NESE Project and make it available for service.
    This notice establishes a 15-calendar day intervention and comment 
period deadline. Any person wishing to comment on Transco'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).\2\
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    \2\ Only motions to intervene from entities that were party to 
the underlying proceeding will be accepted. Algonquin Gas 
Transmission, LLC, 170 FERC ] 61,144, at P 39 (2020).
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    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 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

[[Page 16207]]

on 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) (2020).
    \4\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40 
(2020).
    \5\ Id. 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://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 COVID-19, issued by the President on March 13, 2020. For 
assistance, contact FERC at FERCOnlineSupport@ferc.gov 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. 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.
    Comment Date: 5:00 p.m. Eastern Time on April 6, 2021.

    Dated: March 22, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-06309 Filed 3-25-21; 8:45 am]
BILLING CODE 6717-01-P


