[Federal Register Volume 85, Number 166 (Wednesday, August 26, 2020)]
[Notices]
[Page 52586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18730]



[[Page 52586]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP10-22-000; CP16-18-000]


Magnum Gas Storage, LLC; Notice of Request for Extension of Time

    Take notice that on August 17, 2020, Magnum Gas Storage, LLC 
(Magnum) requested that the Federal Energy Regulatory Commission 
(Commission) grant a four- and one-half-year extension of time, until 
May 17, 2025, to construct and place into service the Magnum Gas 
Storage Project facilities (Facilities) which were originally 
authorized by the Commission on March 17, 2011 (Certificate Order) \1\ 
and subsequently amended by the Commission on November 17, 2016 
(Amendment Order). \2\ The Amendment Order required Magnum to construct 
and place the facilities in service by November 17, 2020. On April 23, 
2020 the Commission issued an Order Vacating Certificate Authorization 
in Part which vacated certificate authorization for two natural gas 
storage caverns, one brine disposal pond, and other associated 
facilities.\3\ Currently, the certificated facilities consist of two 
natural gas storage caverns and associated wells; a 61.6-mile-long, 36-
inch-diameter natural gas pipeline header; gas compression and 
dehydration facilities; one brine evaporation pond and associated water 
supply and pumping facilities and various other above and below ground 
piping, control and communications equipment.
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    \1\ Magnum Gas Storage, LLC, 134 FERC ] 61,197 (2011).
    \2\ Magnum Gas Storage, LLC, 157 FERC ] 61,114 (2016).
    \3\ Magnum Gas Storage, LLC, 171 FERC ] 61,069 (2020).
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    Magnum has experienced delays in initiating construction of the 
Facilities due to delays in permitting of the related state 
jurisdictional facilities, changes in the overall project scope and 
changing market conditions. As a result, construction of Magnum's 
facilities has not yet begun. In its August 17, 2020 request, Magnum 
explains that it is continuing to diligently develop the Magnum Gas 
Storage Project and has secured the necessary permits for construction 
and has secured substantial land, mineral and water rights associated 
with construction of the Facilities. Magnum further explains that its 
Facilities are directly adjacent to the site of the Intermountain Power 
Project (IPP) which is converting its electric power plant from coal to 
natural gas and the Advanced Clean Energy Storage (ACES) Project which 
is developing renewable energy storage using hydrogen, compressed air, 
large-scale flow batteries and solid oxide fuel cells, which will 
require the use of natural gas in the conversion process for the 
foreseeable future. Magnum states that it is uniquely positioned to 
provide delivery and storage of natural gas in the vicinity of the ACES 
and IPP Projects.
    This notice establishes a 15-calendar day intervention and comment 
period deadline. Any person wishing to comment on Magnum'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).\4\
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    \4\ 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,\5\ the 
Commission will aim to issue an order acting on the request within 45 
days.\6\ The Commission will address all arguments relating to whether 
the applicant has demonstrated there is good cause to grant the 
extension.\7\ 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.\8\ 
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.\9\ The OEP Director, or 
his or her designee, will act on all of those extension requests that 
are uncontested.
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    \5\ Contested proceedings are those where an intervenor disputes 
any material issue of the filing. 18 CFR 385.2201(c)(1) (2019).
    \6\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40 
(2020).
    \7\ Id. at P 40.
    \8\ 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.
    \9\ 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 September 4, 2020.

    Dated: August 20, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-18730 Filed 8-25-20; 8:45 am]
BILLING CODE 6717-01-P