[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Notices]
[Page 54600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22182]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP20-41-000]


PennEast Pipeline Company, LLC; Notice of Petition for 
Declaratory Order

    Take notice that on October 4, 2019, pursuant to Rule 207 of the 
Federal Energy Regulatory Commission's (Commission) Rules of Practice 
and Procedure, 18 CFR 385.207 (2019), PennEast Pipeline Company, LLC, 
filed a petition for declaratory order (petition) and for expedited 
action requesting that the Commission issue an order interpreting the 
Natural Gas Act's eminent domain authority in Section 7(h), and 
concluding that: (1) Under NGA Section 7(h), a certificate holder's 
authority to ``condemn the necessary right-of-way to construct, 
operate, and maintain a [natural gas] pipeline'' and the ``necessary 
land or other property, in addition to right-of-way, for the location 
of compressor stations [and other associated equipment],'' applies to 
property in which a state holds an interest; (2) in NGA Section 7(h), 
Congress delegated the federal government's eminent domain authority to 
certificate holders; and (3) in delegating the federal government's 
eminent domain authority in NGA Section 7(h), Congress necessarily 
delegated to certificate holders the federal government's exemption 
from claims of state sovereign immunity, all as more fully explained in 
the petition.
    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a notice of 
intervention or motion to intervene, as appropriate. Such notices, 
motions, or protests must be filed on or before the comment date. 
Anyone filing a motion to intervene or protest must serve a copy of 
that document on the Petitioner.
    The Commission encourages electronic submission of 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 5 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street NE, Washington, DC 
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
eLibrary link and is available for review in the Commission's Public 
Reference Room in Washington, DC. There is an eSubscription link on the 
website that enables subscribers to receive email notification when a 
document is added to a subscribed docket(s). For assistance with any 
FERC Online service, please email [email protected], or call 
(866) 208-3676 (toll free). For TTY, call (202) 502-8659.
    Comment Date: In light of the petitioner's request for expedited 
treatment, and the significance of the issues presented, the comment 
due date is 5:00 p.m. Eastern Time on October 18, 2019.

    Dated: October 4, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-22182 Filed 10-9-19; 8:45 am]
BILLING CODE 6717-01-P