[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Notices]
[Pages 61203-61204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24229]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP19-193-000]


Columbia Gulf Transmission, LLC; Notice of Request for Extension 
of Time

    Take notice that on October 26, 2021, Columbia Gulf Transmission, 
LLC (Columbia Gulf) requested that the Federal Energy Regulatory 
Commission (Commission) grant an extension of time, until November 15, 
2022, in order to place the replacement facilities of the Mainline 100 
and Mainline 200 Replacement Project (Project) into service, in Menifee 
and Montgomery Counties, Kentucky, as authorized as part of Columbia 
Gulf's Project in the November 15, 2019 Order Granting Certificate and 
Approving Abandonment \1\ (November 15 Order). The November 15 Order 
required Columbia Gulf to complete construction and make the facilities 
available for service within one year of the order date.
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    \1\ Columbia Gulf Transmission, LLC, 169 FERC ] 62,084 (2019).
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    On July 7, 2020, Columbia Gulf requested an extension of time until 
November 15, 2021 to place the replacement facilities into service, to 
allow additional time for the U.S. Department of Transportation 
(``DOT'') to reach a decision on Columbia Gulf's application for a 
special permit. The special permit would allow Columbia Gulf to operate 
the segments of Mainline 100 and 200 proposed for replacement as part 
of the Project at the current MAOP without pipe replacement work or 
further action to maintain compliance with DOT regulations. On August 
6, 2020, the Commission granted Columbia Gulf an extension of time 
until November 15, 2021.
    The special permit application Columbia Gulf submitted to DOT on 
October 15, 2019 has yet to receive a determination. In order to 
provide DOT with additional time necessary to make a determination on 
Columbia Gulf's special permit application, Columbia Gulf respectfully 
requests a further extension of time to and including November 15, 
2022, to place the replacement facilities into service. Upon receipt of 
the special permit, Columbia Gulf would, pursuant to Rule 212 of the 
Rules of Practice and Procedures of the Commission, 18 CFR 385.212, 
Columbia Gulf would submit a Motion to Vacate the authorizations 
granted in the November 15 Order with respect to the Mainline 100 and 
Mainline 200 Replacement Project. If unsuccessful in obtaining the 
special permit, Columbia Gulf would notify the Commission of its intent 
to begin construction of the Project to comply with DOT requirements 
and submit a revision to its Implementation Plan reflecting an updated 
construction schedule.
    This notice establishes a 15-calendar day intervention and comment 
period deadline. Any person wishing to comment on Columbia Gulf'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

[[Page 61204]]

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 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 
[email protected] 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 November 16, 2021.

    Dated: November 1, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-24229 Filed 11-4-21; 8:45 am]
BILLING CODE 6717-01-P


