[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Notices]
[Pages 54553-54554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19376]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP16-10-000]


Mountain Valley Pipeline, LLC; Notice of Request for Extension of 
Time

    Take notice that on August 25, 2020, Mountain Valley Pipeline, LLC 
(Mountain Valley) requested that the Federal Energy Regulatory 
Commission (Commission) grant an extension of time, until October 13, 
2022, to complete the Mountain Valley Pipeline Project (Project), as 
authorized in the February 19, 2019 Order Issuing Certificates and 
Granting Abandonment (Certificate Order).\1\
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    \1\ Mountain Valley Pipeline, LLC, 161 FERC 61,043 (2017), order 
on reh'g, 163 FERC 61,197 (2018) (Certificate Order), aff'd sub. 
nom., Appalachian Voices v. FERC, No. 17-1271, 2019 WL 847199 (D.C. 
Cir. Feb. 19, 2019).

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[[Page 54554]]

    Mountain Valley states it has not completed Project construction 
due to unforeseen litigation and permitting delays outside of Mountain 
Valley's control. This includes litigation directly challenging Project 
permits and authorizations as well as litigation associated with other 
infrastructure projects. These challenges have affected, directly or 
indirectly, Project permits and authorizations from the U.S. Forest 
Service, Bureau of Land Management, U.S. Army Corps of Engineers, U.S. 
Fish and Wildlife Service, and the National Park Service. Because of 
these permitting challenges, Mountain Valley states it will not be able 
to complete construction and make the Project facilities available for 
service by October 13, 2020.
    This notice establishes a 15-calendar day intervention and comment 
period deadline. Any person wishing to comment on Mountain Valley'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).\2\
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    \2\ 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,\3\ the 
Commission will aim to issue an order acting on the request within 45 
days.\4\ The Commission will address all arguments relating to whether 
the applicant has demonstrated there is good cause to grant the 
extension.\5\ 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.\6\ 
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.\7\ The OEP Director, or 
his or her designee, will act on all of those extension requests that 
are uncontested.
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    \3\ Contested proceedings are those where an intervenor disputes 
any material issue of the filing. 18 CFR 385.2201(c)(1) (2019).
    \4\ Algonquin Gas Transmission, LLC, 170 FERC 61,144, at P 40 
(2020).
    \5\ Id. at P 40.
    \6\ 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.
    \7\ 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 eFile 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 September 11, 2020.

    Dated: August 27, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-19376 Filed 9-1-20; 8:45 am]
BILLING CODE 6717-01-P