[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Notices]
[Pages 37939-37940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13559]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP15-554-000; CP15-554-001; CP15-555-000]


Atlantic Coast Pipeline, LLC; Dominion Energy Transmission, Inc.; 
Notice of Request for Extension of Time

    Take notice that on June 16, 2020, Atlantic Coast Pipeline, LLC 
(Atlantic) and Dominion Energy Transmission, Inc.(DETI) (collectively, 
applicants) requested that the Federal Energy Regulatory Commission 
(Commission) grant an extension of time, until October 13, 2022, to 
construct and place into service the facilities that comprise 
Atlantic's Atlantic Coast Pipeline and DETI's Supply Header Project as 
described in the original certificate authorization issued on October 
13, 2017 (Certificate Order). The Certificate Order required Atlantic 
and DETI to construct and place the facilities in service by October 
13, 2020.
    Applicants assert that due to unforeseen delays in permitting, 
additional time is needed to complete construction of the authorized 
facilities. Applicants state that they have encountered delays 
resulting from decisions of the United States Court of Appeals for the 
Fourth Circuit related to U.S. Forest Service Record of Decision and 
Special Use Permit, including the crossing of the Appalachian National 
Scenic Trail, its U.S. Fish and Wildlife Service Biological Opinion and 
Incidental Take Statement, and the air permit for the compressor 
station in Buckingham, Virginia. Applicants state they have been 
working diligently and in good faith to re-obtain all approvals 
required for the construction of Atlantic Coast Pipeline and Supply 
Header Project as soon as possible. Applicants project that the 
necessary approvals for the Atlantic Coast Pipeline and Supply Header 
Project are anticipated by year-end. Accordingly, applicants request an 
extension of time until October 13, 2022 to complete construction of 
the Atlantic Coast Pipeline and Supply Header Project facilities.
    This notice establishes a 15-calendar day intervention and comment 
period deadline. Any person wishing to comment on Atlantic's and DETI'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\
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    \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).
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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,\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

[[Page 37940]]

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) (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).
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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 July 2, 2020.

    Dated: June 17, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-13559 Filed 6-23-20; 8:45 am]
BILLING CODE 6717-01-P