[Federal Register Volume 86, Number 214 (Tuesday, November 9, 2021)]
[Notices]
[Pages 62166-62167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24474]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP18-46-000]


Adelphia Gateway, LLC; Notice of Request for Extension of Time

    Take notice that on November 1, 2021, Adelphia Gateway, LLC 
(Adelphia) requested that the Federal Energy Regulatory Commission 
(Commission) grant an extension of time, until June 20, 2023, in order 
to construct and place into service the facilities authorized by the 
Federal Energy Regulatory Commission in the above-referenced proceeding 
into service, in Delaware and Pennsylvania, as authorized as part of 
Adelphia's Project in the December 20, 2019 Order Issuing Certificate 
\1\ (December 20 Order). The December 20 Order required Adelphia to 
complete construction and make the facilities available for service 
within two years of the order date.
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    \1\ Adelphia Gateway, LLC, 169 FERC ] 61,220 (2019).
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    While Adelphia has already constructed a significant number of the 
Project facilities and made substantial progress towards the completion 
of others, Adelphia states that it has been delayed in completing 
construction due

[[Page 62167]]

to circumstances outside of its control. Shortly after Adelphia's 
receipt of its Certificate Order, Adelphia states that the COVID-19 
pandemic had immediate and substantial impacts on its ability to timely 
obtain its remaining state environmental permits and progress 
construction of the Adelphia Project. Adelphia's requests for notices 
to proceed with construction were directly delayed as a result. 
Adelphia also had to cease construction activities on numerous 
occasions as a result of pandemic-related protocols. Furthermore, 
Adelphia states that the continuing impacts on the supply chain 
resulting from the COVID-19 pandemic have caused and continue to cause 
delays in the procurement and delivery of essential equipment and 
material. Thus, Adelphia requests an extension to construct and place 
into service the Adelphia Project until June 20, 2023.
    This notice establishes a 15-calendar day intervention and comment 
period deadline. Any person wishing to comment on Adelphia'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 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 18, 2021.

    Dated: November 3, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-24474 Filed 11-8-21; 8:45 am]
BILLING CODE 6717-01-P


