[Federal Register Volume 85, Number 186 (Thursday, September 24, 2020)]
[Notices]
[Pages 60153-60154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21106]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP14-347-000; CP19-19-000; CP14-511-000]


Magnolia LNG, LLC; Kinder Morgan Louisiana Pipeline LLC; Notice 
of Request for Extension of Time

    Take notice that on September 11, 2020, Magnolia LNG, LLC 
(Magnolia) and Kinder Morgan Louisiana Pipeline LLC (KMLP) 
(collectively, Applicants) requested that the Federal Energy Regulatory 
Commission (Commission) grant an extension of time, until April 15, 
2026, to construct and place into service the Magnolia LNG and Lake 
Charles Expansion Projects, as authorized in the April 15, 2016 Order 
Granting Authorization Under Section 3 of the Natural Gas Act and 
Issuing Certificates (April 15, 2016, Order).\1\ The April 15th 
Certificate Order required the Applicants to complete construction and 
make the facilities available for service within five years of 
issuance, or by April 15, 2021.\2\
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    \1\ Magnolia LNG, LLC, 155 FERC 61,033 (2016), reh'g denied, 157 
FERC 61,149 (2016).
    \2\ Id. at ordering paras. (B) and (D)(1).
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    Magnolia states that global market conditions have impacted 
Magnolia's ability to secure long-term offtake contracts and achieve a 
final investment decision (FID) and that it is confident that it will 
execute commercial agreements that will support a positive FID within 
the requested timeframe. KMLP states that construction of the Lake 
Charles Expansion Project is dependent upon Magnolia achieving FID for 
the Magnolia LNG Project.
    This notice establishes a 15-calendar day intervention and comment 
period deadline. Any person wishing to comment on the Applicants' 
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 
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 April 15th 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 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) (2020).
    \5\ Algonquin Gas Transmission, LLC, 170 FERC 61,144, at P 40 
(2020).
    \6\ Id. 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

[[Page 60154]]

Commission's Home Page (http://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 the 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 October 9, 2020.

    Dated: September 18, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-21106 Filed 9-23-20; 8:45 am]
BILLING CODE 6717-01-P