[Federal Register Volume 88, Number 76 (Thursday, April 20, 2023)]
[Notices]
[Pages 24397-24398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08352]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-131-000]


East Tennessee Natural Gas, LLC; Notice of Application and 
Establishing Intervention Deadline

    Take notice that on March 31, 2023, East Tennessee Natural Gas, LLC 
(East Tennessee), 915 North Eldridge Parkway, Suite 1100, Houston, 
Texas 77079, filed in the above referenced docket an application 
pursuant to sections 7(b) and 7(c) of the Natural Gas Act and part 157 
of the Federal Energy Regulatory Commission's (Commission) regulations 
requesting authorization for its System Alignment Program.
    Specifically, East Tennessee proposes to: (1) construct 
approximately 16.1 miles of 24-inch-diameter pipeline loop in Knox and 
Sevier Counties, Tennessee; (2) replace approximately 6.4 miles of 
existing 8-inch-diameter pipeline with new 24-inch-diameter pipeline in 
Washington County, Virginia; (3) hydrostatically test an approximately 
1.2 mile section of pipeline in Patrick County, Virginia, to 
reestablish the maximum allowable operating pressure; (4) construct the 
new 7,000 horsepower (hp) Talbott Compressor Station (CS) in Jefferson 
County, Tennessee; (5) construct the new 19,000 hp Draper CS in 
Rockingham County, North Carolina; and (6) install piping modifications 
and auxiliary installations at existing facilities in Knox and Sevier 
Counties, Tennessee, and Washington and Wythe Counties, Virginia. The 
project is designed to improve the operational reliability of East 
Tennessee's system and the additional capacity created will not be 
available for subscription under firm service agreements. East 
Tennessee estimates the cost of the project to be $390 million, all as 
more fully set forth in the application which is on file with the 
Commission and open for public inspection.
    East Tennessee's application states that a water quality 
certificate under section 401 of the Clean Water Act is required for 
the project from the Tennessee Department of Environment and 
Conservation and the Virginia Department of Environmental Quality. The 
requests for certification must be submitted to the certifying agencies 
and to the Commission concurrently. Proof of the certifying agency's 
receipt date must be filed no later than five (5) days after the 
request is submitted to the certifying agency.
    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 (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 the Commission's Public 
Reference Room. For assistance, contact the Federal Energy Regulatory 
Commission at [email protected] or call toll-free, (886) 208-
3676 or TTY, (202) 502-8659.
    Any questions concerning this application should be directed to 
Estela D. Lozano, Director, Regulatory, East Tennessee Natural Gas, 
LLC, P.O. Box 1642, Houston, Texas 77251-1642, by phone at (713) 627-
4522; or email at [email protected].
    On August 10, 2022, the Commission granted the Applicant's request 
to utilize the National Environmental Policy Act (NEPA) Pre-Filing 
Process and assigned Docket No. PF22-8-000 to staff activities involved 
in the Project. Now, as of the filing of the March 31, 2023 
application, the Pre-Filing Process for this project has ended. From 
this time forward, this proceeding will be conducted in Docket No. 
CP23-131-000 as noted in the caption of this Notice.
    Pursuant to Section 157.9 of the Commission's Rules of Practice and 
Procedure,\1\ within 90 days of this Notice the Commission staff will 
either: complete its environmental review and place it into the 
Commission's public record (eLibrary) for this proceeding; or issue a 
Notice of Schedule for Environmental Review. If a Notice of Schedule 
for Environmental Review is issued, it will indicate, among other 
milestones, the anticipated date for the Commission staff's issuance of 
the final environmental impact statement (FEIS) or environmental 
assessment (EA) for this proposal. The filing of an EA in the 
Commission's public record for this proceeding or the issuance of a 
Notice of Schedule for Environmental Review will serve to notify 
federal and state agencies of the timing for the completion of all 
necessary reviews, and the subsequent need to complete all federal 
authorizations within 90 days of the date of issuance of the Commission 
staff's FEIS or EA.
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    \1\ 18 CFR (Code of Federal Regulations) 157.9.
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Public Participation

    There are three ways to become involved in the Commission's review 
of this project: you can file a protest to the project, you can file a 
motion to intervene in the proceeding, and you can file comments on the 
project. There is no fee or cost for filing protests, motions to 
intervene, or comments. The deadline for filing protests, motions to 
intervene, and comments is 5:00 p.m. Eastern Time on May 5, 2023. How 
to file protests, motions to intervene, and comments is explained 
below.

Protests

    Pursuant to section 157.205 of the Commission's regulations under 
the NGA,\2\ any person \3\ or the Commission's staff may file a protest 
to the request. If no protest is filed within the time allowed or if a 
protest is filed and then withdrawn within 30 days after the allowed 
time for filing a protest, the proposed activity shall be deemed to be 
authorized effective the day after the time allowed for protest. If a 
protest is filed and not withdrawn within 30 days after the time 
allowed for filing a protest, the instant request for authorization 
will be considered by the Commission.
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    \2\ 18 CFR 157.205.
    \3\ Persons include individuals, organizations, businesses, 
municipalities, and other entities. 18 CFR 385.102(d).
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    Protests must comply with the requirements specified in section 
157.205(e) of the Commission's regulations,\4\ and must be submitted by 
the protest deadline, which is May 5, 2023. A protest may also serve as 
a motion to intervene so long as the protestor states it also seeks to 
be an intervenor.
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    \4\ 18 CFR 157.205(e).
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Interventions

    Any person has the option to file a motion to intervene in this 
proceeding. Only intervenors have the right to request rehearing of 
Commission orders issued in this proceeding and to subsequently 
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
    To intervene, you must submit a motion to intervene to the 
Commission

[[Page 24398]]

in accordance with Rule 214 of the Commission's Rules of Practice and 
Procedure \5\ and the regulations under the NGA \6\ by the intervention 
deadline for the project, which is May 5, 2023. As described further in 
Rule 214, your motion to intervene must state, to the extent known, 
your position regarding the proceeding, as well as your interest in the 
proceeding. For an individual, this could include your status as a 
landowner, ratepayer, resident of an impacted community, or 
recreationist. You do not need to have property directly impacted by 
the project in order to intervene. For more information about motions 
to intervene, refer to the FERC website at https://www.ferc.gov/how-guides.
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    \5\ 18 CFR 385.214.
    \6\ 18 CFR 157.10.
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    All timely, unopposed motions to intervene are automatically 
granted by operation of Rule 214(c)(1). Motions to intervene that are 
filed after the intervention deadline are untimely and may be denied. 
Any late-filed motion to intervene must show good cause for being late 
and must explain why the time limitation should be waived and provide 
justification by reference to factors set forth in Rule 214(d) of the 
Commission's Rules and Regulations. A person obtaining party status 
will be placed on the service list maintained by the Secretary of the 
Commission and will receive copies (paper or electronic) of all 
documents filed by the applicant and by all other parties.

Comments

    Any person wishing to comment on the project may do so. The 
Commission considers all comments received about the project in 
determining the appropriate action to be taken. To ensure that your 
comments are timely and properly recorded, please submit your comments 
on or before May 5, 2023. The filing of a comment alone will not serve 
to make the filer a party to the proceeding. To become a party, you 
must intervene in the proceeding.

How To File Protests, Interventions, and Comments

    There are two ways to submit protests, motions to intervene, and 
comments. In both instances, please reference the Project docket number 
CP23-131-000 in your submission.
    (1) You may file your protest, motion to intervene, and comments by 
using the Commission's eFiling feature, which is located on the 
Commission's website (www.ferc.gov) under the link to Documents and 
Filings. New eFiling users must first create an account by clicking on 
``eRegister.'' You will be asked to select the type of filing you are 
making; first select ``General'' and then select ``Protest'', 
``Intervention'', or ``Comment on a Filing''; or \7\
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    \7\ Additionally, you may file your comments electronically by 
using the eComment feature, which is located on the Commission's 
website at www.ferc.gov under the link to Documents and Filings. 
Using eComment is an easy method for interested persons to submit 
brief, text-only comments on a project.
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    (2) You can file a paper copy of your submission by mailing it to 
the address below. Your submission must reference the Project docket 
number CP23-131-000.

To mail via USPS, use the following address: Kimberly D. Bose, 
Secretary, Federal Energy Regulatory Commission, 888 First Street NE, 
Washington, DC 20426
To send via any other courier, use the following address: Kimberly D. 
Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins 
Avenue, Rockville, Maryland 20852

    The Commission encourages electronic filing of submissions (option 
1 above) and has eFiling staff available to assist you at (202) 502-
8258 or [email protected].
    Protests and motions to intervene must be served to the applicant 
by mail to: Estela D. Lozano, Director, Regulatory, P.O. Box 1642, 
Houston, Texas 77251-1642 or by email (with a link to the document) at 
[email protected].
    Any subsequent submissions by an intervenor must be served on the 
applicant and all other parties to the proceeding. Contact information 
for parties can be downloaded from the service list at the eService 
link on FERC Online.

Tracking the Proceeding

    Throughout the proceeding, additional information about the project 
will be available from the Commission's Office of External Affairs, at 
(866) 208-FERC, or on the FERC website at www.ferc.gov using the 
``eLibrary'' link as described above. The eLibrary link also provides 
access to the texts of all formal documents issued by the Commission, 
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called 
eSubscription which allows you to keep track of all formal issuances 
and submittals in specific dockets. This can reduce the amount of time 
you spend researching proceedings by automatically providing you with 
notification of these filings, document summaries, and direct links to 
the documents. For more information and to register, go to https://www.ferc.gov/ferc-online/overview.

    Dated: April 14, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-08352 Filed 4-19-23; 8:45 am]
BILLING CODE 6717-01-P