[Federal Register Volume 85, Number 109 (Friday, June 5, 2020)]
[Notices]
[Page 34619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12234]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP19-220-000]


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

    Take notice that on May 20, 2020, National Fuel Gas Supply 
Corporation (National) requested that the Federal Energy Regulatory 
Commission (Commission) grant an extension of time, until November 1, 
2020, to construct and place into service Brockway Modernization 
Project (Project) located in Jefferson and Elk Counties, Pennsylvania 
authorized on July 3, 2019. The Project will enable replacement of 
approximately 9.7 miles of 12-inch-diameter pipeline and certain 
related facilities.
    National was initially required to construct the facilities and 
place them into service by July 5, 2020. National now requests a four-
month extension of this deadline through November 1, 2020. National 
states that due to delays in receiving the required permits, National 
was unable to begin construction until March 1, 2020. Accordingly, 
National proposes a new construction schedule, deferring the projected 
in-service date for the facilities to no later than November 1, 2020.
    This notice establishes a 15-calendar day intervention and comment 
period deadline. Any person wishing to comment on National'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).\1\
---------------------------------------------------------------------------

    \1\ 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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \2\ Contested proceedings are those where an intervenor disputes 
any material issue of the filing. 18 CFR 385.2201(c)(1) (2019).
    \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).
---------------------------------------------------------------------------

    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 12, 2020.

    Dated: June 1, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-12234 Filed 6-4-20; 8:45 am]
 BILLING CODE 6717-01-P