[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Notices]
[Pages 43835-43836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15624]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP19-193-000]


Columbia Gulf Transmission, LLC; Notice of Request for Extension 
of Time

    Take notice that on July 7, 2020, Columbia Gulf Transmission, LLC 
(Columbia Gulf) requested that the Federal Energy Regulatory Commission 
(Commission) grant an extension of time, until November 15, 2021, in 
order to place the replacement facilities of the Mainline 100 and 
Mainline 200 Replacement Project (Project) into service, in Menifee and 
Montgomery Counties, Kentucky, as authorized as part of Columbia Gulf's 
Project in the November 15, 2019 Order Granting Certificate and 
Approving Abandonment \1\ (November 15 Order). The November 15 Order 
required Columbia Gulf to complete construction and make the facilities 
available for service within one year of the order date. Columbia Gulf 
states that, due to increased population density in the area along 
certain discrete sections of Mainline 100 and Mainline 200, Columbia 
Gulf is required, pursuant to Part 192 of the U.S. Department of 
Transportation (DOT) regulations,\2\ to remediate the pipelines to 
allow continued operation at the current maximum allowable operating 
pressures (MAOP). Columbia Gulf states that, as provided by 49 CFR 
190.341 Special Permit, an operator of a pipeline may submit an 
application for a special permit, and provided that certain conditions 
are met, the DOT may waive compliance from the regulations for specific 
natural gas transmission pipeline segments. If granted, the special 
permit allows the operator to continue to operate each special permit 
segment at its current MAOP without first performing remediation work.
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    \1\ Columbia Gulf Transmission, LLC, 169 FERC ] 62,084 (2019).
    \2\ 49 CFR 192.611 (2020).
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    Columbia Gulf states that, on October 15, 2019, Columbia Gulf 
applied for a special permit under the circumstances that the class 
location changed due to development usage of land near the pipeline. 
Columbia Gulf anticipates that a determination from DOT on its special 
permit application may not be received until after the November 15, 
2020 in-service deadline stipulated in the November 15 Order. If the 
Commissions grants Columbia Gulf's request for an extension of time, 
Columbia would take one of the following actions based on whether it 
receives a special permit from DOT. If Columbia Gulf received the 
special permit, Columbia Gulf would submit a motion to vacate the 
authorization granted in the November 15 Order. If Columbia Gulf 
doesn't obtain the special permit, Columbia Gulf would notify the 
Commission of its intent to begin construction of the Project and 
submit a revision to its Implementation Plan reflecting an updated 
construction schedule.
    This notice establishes a 15-calendar day intervention and comment 
period deadline. Any person wishing to comment on Columbia Gulf'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).\3\
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    \3\ 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

[[Page 43836]]

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,\4\ the 
Commission will aim to issue an order acting on the request within 45 
days.\5\ The Commission will address all arguments relating to whether 
the applicant has demonstrated there is good cause to grant the 
extension.\6\ 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.\7\ 
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.\8\ The OEP Director, or 
his or her designee, will act on all of those extension requests that 
are uncontested.
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    \4\ Contested proceedings are those where an intervenor disputes 
any material issue of the filing. 18 CFR 385.2201(c)(1) (2019).
    \5\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40 
(2020).
    \6\ Id. at P 40.
    \7\ 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.
    \8\ 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 may mail 
similar pleadings to the Federal Energy Regulatory Commission, 888 
First Street NE, Washington, DC 20426. Hand delivered submissions in 
docketed proceedings should be delivered to Health and Human Services, 
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Time on July 29, 2020.

    Dated: July 14, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-15624 Filed 7-17-20; 8:45 am]
BILLING CODE 6717-01-P