[Federal Register Volume 85, Number 191 (Thursday, October 1, 2020)]
[Notices]
[Pages 61945-61946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21719]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-557-000]


Total Peaking Services, LLC; Notice of Request for Extension of 
Time

    Take notice that on September 16, 2020, Total Peaking Services, LLC 
(Total Peaking) requested that the Federal Energy Regulatory Commission 
(Commission) grant an extension of time, until December 15, 2021, to 
complete upgrades to its existing liquefied natural gas facility 
(Milford Facility) in Milford, Connecticut, as authorized in the 
December 15, 2016 Order Issuing Certificate, Approving Abandonment, and 
Reaffirming Market-Based Rate Authority (Certificate Order).\1\ The 
Certificate Order required Total Peaking to complete the proposed 
upgrades, including the installation of three new 400 kilowatt 
emergency generators, and make the facilities available for service 
within three years of issuance, or by December 15, 2019.\2\
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    \1\ Total Peaking Services, LLC, 157 FERC ] 61,209 (2016), 
amended, 158 FERC ] 61,025 (2017).
    \2\ Certificate Order, 157 FERC ] 61,209 at ordering para. (B).
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    Total Peaking initially requested a one-year extension of time on 
November 26, 2019, to complete construction on the third emergency 
generator.\3\ On December 11, 2019, the Commission granted Total 
Peaking's November 26, 2019 request.\4\ In its September 16, 2020 
request, Total Peaking states that due to unforeseen delays in 2020, 
including the impact of the Novel Coronavirus Disease (COVID-19) and 
extended equipment lead times, the third generator will not be 
completed by December 15, 2020.\5\
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    \3\ Total Peaking's November 26, 2019 Request for Extension of 
Time.
    \4\ Branch Chief's December 11, 2019 Letter Order Granting 
Extension of Time issued in Docket No. CP15-557-000.
    \5\ Total Peaking's September 16, 2020 Request for Extension of 
Time at 2.
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    This notice establishes a 15-calendar day intervention and comment 
period deadline. Any person wishing to comment on Total Peaking'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)

[[Page 61946]]

and the Regulations under the Natural Gas Act (18 CFR 157.10).\6\
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    \6\ 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,\7\ the 
Commission will aim to issue an order acting on the request within 45 
days.\8\ The Commission will address all arguments relating to whether 
the applicant has demonstrated there is good cause to grant the 
extension.\9\ 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.\10\ 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.\11\ The OEP 
Director, or his or her designee, will act on those extension requests 
that are uncontested.
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    \7\ Contested proceedings are those where an intervenor disputes 
any material issue of the filing. 18 CFR 385.2201(c)(1) (2020).
    \8\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40 
(2020).
    \9\ Id. P 40.
    \10\ 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.
    \11\ 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://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 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 13, 2020.

    Dated: September 25, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-21719 Filed 9-30-20; 8:45 am]
BILLING CODE 6717-01-P