[Federal Register Volume 88, Number 123 (Wednesday, June 28, 2023)]
[Notices]
[Pages 41952-41953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13759]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP19-14-002]


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

    Take notice that on June 15, 2023, Mountain Valley Pipeline, LLC 
(Mountain Valley), requested that the Federal Energy Regulatory 
Commission (Commission) grant an extension of time until June 18, 2026, 
to complete construction of the MVP Southgate Project (Southgate 
Project) and place the Southgate Project facilities into service, as 
authorized in the June 18, 2020 Order Issuing Certificate (Certificate 
Order),\1\ under Section 7 of The Natural Gas Act.
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    \1\ Mountain Valley Pipeline, LLC, 171 FERC ] 61,232 (2020), 
order on reh'g, 172 FERC ] 61,261 (2020), aff'd sub. nom., Sierra 
Club, et al. v. FERC, 38 F.4th 220 (D.C. Cir. 2022).
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    On June 24, 2022, Mountain Valley filed a motion requesting a four-
year extension of time, until October 13, 2026, to construct and place 
into service the Mountain Valley Pipeline Project (Mainline System) and 
the Greene

[[Page 41953]]

Interconnect.\2\ The extension of time for the Mainline System was 
granted on August 23, 2022.\3\
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    \2\ Mountain Valley Pipeline, LLC, June 24, 2022 Request for 
Extension of Time. The Mountain Valley Pipeline Project was 
certificated in Docket No. CP16-10-000 and amended in Docket No. 
CP21-477-000. The Greene Interconnect Project was authorized in 
Docket No. CP19-477-000 pursuant to Mountain Valley's blanket 
certificate.
    \3\ Mountain Valley Pipeline, LLC, 180 FERC ] 61,117 (2022).
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    Mountain Valley states that construction and completion of the 
Mainline System has been delayed due to persistent litigation and 
resultant repetitive permitting processes. The Southgate Project has 
experienced its own permitting delays, some of which is directly tied 
to Mainline System permitting.\4\
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    \4\ Mountain Valley Pipeline, LLC v. N.C. Dep't of Env't 
Quality, 990 F.3d 818, 833 (4th Cir. 2021).
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    Mountain Valley asserts that even if the Southgate Project had all 
of its permits, the Mainline System permitting delays would have 
prevented Mountain Valley from commencing construction of the Southgate 
Project under the terms of the Certificate Order. In its request 
Mountain Valley avers that the circumstances have changed because 
President Biden signed legislation that will expedite the completion of 
the Mainline System.\5\ Mountain Valley affirms that it is awaiting 
permits from the U.S. Army Corps of Engineers and approval from the 
Commission to resume full construction of the Mainline System. Mountain 
Valley is targeting to complete construction and commence service on 
the Mainline System by the end of 2023. After resolving Mainline System 
permitting, Mountain Valley plans to resume its permitting efforts for 
the Southgate Project.
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    \5\ Fiscal Responsibility Act of 2023, H.R. 3746, 118th Cong. 
Sec.  324 (2023).
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    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,\6\ the 
Commission will aim to issue an order acting on the request within 45 
days.\7\ The Commission will address all arguments relating to whether 
the applicant has demonstrated there is good cause to grant the 
extension.\8\ 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.\9\ 
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.\10\ The OEP Director, 
or his or her designee, will act on all of those extension requests 
that are uncontested.
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    \6\ Contested proceedings are those where an intervenor disputes 
any material issue of the filing. 18 CFR 385.2201(c)(1) (2022).
    \7\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40 
(2020).
    \8\ Id. at P 40.
    \9\ 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.
    \10\ 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 the Commission's Public 
Reference Room. For assistance, contact FERC at 
[email protected] or call toll-free, (886) 208-3676 or TTY, 
(202) 502-8659.
    The Commission strongly encourages electronic filings of comments 
in lieu of paper using the ``eFile'' link at http://www.ferc.gov. In 
lieu of electronic filing, you may submit a paper copy. Submissions 
sent via the U.S. Postal Service must be addressed to: Kimberly D. 
Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street 
NE, Room 1A, Washington, DC 20426. Submissions sent via any other 
carrier must be addressed to: Kimberly D. Bose, Secretary, Federal 
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 
20852.
    The Commission's Office of Public Participation (OPP) supports 
meaningful public engagement and participation in Commission 
proceedings. OPP can help members of the public, including landowners, 
environmental justice communities, Tribal members and others, access 
publicly available information and navigate Commission processes. For 
public inquiries and assistance with making filings such as 
interventions, comments, or requests for rehearing, the public is 
encouraged to contact OPP at (202) 502-6595 or [email protected].
    Comment Date: 5:00 p.m. Eastern Time on July 7, 2023.

Kimberly D. Bose,
Secretary.
[FR Doc. 2023-13759 Filed 6-27-23; 8:45 am]
BILLING CODE 6717-01-P


