[Federal Register Volume 87, Number 113 (Monday, June 13, 2022)]
[Notices]
[Pages 35755-35756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12673]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP19-491-000]


National Fuel Gas Supply Corporation; Notice of Request for 
Extension of Time

    Take notice that on June 2, 2022, National Fuel Gas Supply 
Corporation (National Fuel) requested that the Federal Energy 
Regulatory Commission (Commission) grant an extension of time, until 
December 31, 2022, to abandon certain facilities authorized in the 
Order Issuing Certificates and Authorizing Abandonment issued on July 
17, 2020 (Certificate Order).\1\ The Certificate Order authorized 
Transcontinental Gas Pipe Line Company, LLC's Leidy South Project in 
Docket No. CP19-494-000 and National Fuel's FM100 Project in the 
instant docket. The Commission's February 22, 2021 Notice to Proceed 
with Construction granted National Fuel's request to commence 
construction activities for the FM100 Project but did not grant 
authority to commence abandonment activities. National Fuel states that 
it has completed the pipeline construction activities and went into 
service on December 1, 2021. National Fuel requested a notice to 
proceed with abandonment activities on May 4, 2022, which was granted 
by the Commission on May 9, 2022. Ordering Paragraph (E)(1) of the 
Certificate Order required National Fuel to install and abandon its 
facilities for the FM100 Project by July 17, 2022.
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    \1\ National Fuel Gas Supply Corporation, 172 FERC ] 61,039 
(2020).
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    National Fuel states that abandonment consists of the following 
activities: (a) abandonment of approximately 44.9 miles of Line FM100; 
(b) abandonment of Station WHP-MS-4317X; and (c) abandonment of the 
Costello Compressor Station. National Fuel avers that of the 44.9 miles 
planned for abandonment, approximately 30.2 miles traverse Pennsylvania 
Department of Conservation and Natural Resources (DCNR) owned land 
including the Moshannon, Elk, and Susquehannock State Forests. National 
Fuel asserts that it has worked diligently to complete the FM100 
Project but in order to accommodate DCNR's construction timing 
restrictions, National Fuel has delayed the start of abandonment 
activities until June 2022 to minimize impacts to DCNR public-use 
roadways and to avoid hunting seasons.

[[Page 35756]]

    National Fuel states that the extension of time is necessary to 
enable it to safely complete the abandonment work on the FM100 Project. 
National Fuel requests that the Commission issue any waivers that may 
be necessary to grant the extension of time. National Fuel asserts that 
the extension of time will not result in any additional environmental 
impacts not already examined on the record. Accordingly, National Fuel 
requests an extension of the July 17, 2022 deadline to complete 
abandonment activities time until December 31, 2022.
    This notice establishes a 15-calendar day intervention and comment 
period deadline. Any person wishing to comment on National Fuel'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,\2\ the 
Commission will aim to issue an order acting on the request within 45 
days.\3\ The Commission will address all arguments relating to whether 
the applicant has demonstrated there is good cause to grant the 
extension.\4\ 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.\5\ 
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.\6\ The OEP Director, or 
his or her designee, will act on all of those extension requests that 
are uncontested.
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    \2\ Contested proceedings are those where an intervenor disputes 
any material issue of the filing. 18 CFR 385.2201(c)(1) (2021).
    \3\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40 
(2020).
    \4\ Id. at P 40.
    \5\ 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.
    \6\ 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 ``eFiling'' link 
at http://www.ferc.gov. Persons unable to file electronically should 
submit an original and three copies of the protest or intervention to 
the Federal Energy Regulatory Commission, 888 First Street NE, 
Washington, DC 20426.
    Comment Date: 5:00 p.m. Eastern Time on: June 22, 2022.

    Dated: June 7, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-12673 Filed 6-10-22; 8:45 am]
BILLING CODE 6717-01-P


