[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Pages 30125-30126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09942]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-101-005]


Transcontinental Gas Pipe Line Company, LLC; Notice of Request 
for Extension of Time

    Take notice that on April 27, 2023, Transcontinental Gas Pipe Line 
Company, LLC (Transco) requested that the Federal Energy Regulatory 
Commission (Commission) grant an extension of time, until May 3, 2025, 
to construct and place into service, its Northeast Supply Enhancement 
(NESE) Project located in Pennsylvania, onshore and offshore New 
Jersey, and offshore New York as authorized in the Order

[[Page 30126]]

Issuing Certificate (Order).\1\ Ordering Paragraph (B)(1) of the Order 
required Transco to complete the construction of the NESE Project 
facilities and make them available for service within two years of the 
date of the Order, or by May 3, 2021.
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    \1\ Transcontinental Gas Pipe Line Company, LLC, 167 FERC ] 
61,110 (2019).
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    On May 20, 2021, the Commission granted Transco an extension of 
time, until May 3, 2023, to complete construction of the NESE Project 
and make it available for service.\2\ Construction on the NESE Project 
has not begun. Transco states that it continues to review the scope of 
work for the NESE Project to not only meet Brooklyn Union Gas Company 
and KeySpan Gas East Corporation's (collectively, National Grid) firm 
transportation capacity needs but also to address water quality 
concerns raised by New York and New Jersey in their respective denials 
of water quality certification for the project under section 401 of the 
Clean Water Act. Transco asserts that the continuing need for the NESE 
Project is demonstrated by the 15-year term precedent agreements with 
National Grid for the entirety of the NESE Project's capacity, which 
remain in full force and effect. As a result, Transco now requests an 
additional two years, or until May 3, 2025, to complete construction of 
the NESE Project and make it available for service.
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    \2\ Transcontinental Gas Pipe Line Company, LLC, 175 FERC ] 
61,148 (2021).
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    This notice establishes a 15-calendar day intervention and comment 
period deadline. Any person wishing to comment on Transco'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 
(NGA) (18 CFR 157.10).
    As a matter of practice, the Commission itself generally acts on 
requests for extensions of time to complete construction for NGA 
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) (2022).
    \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 National Environmental Policy Act.
    \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. For assistance, contact FERC at [email protected] or 
call toll-free, (886) 208-3676 or TTY, (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 Federal Energy Regulatory 
Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Time on May 19, 2023.

    Dated: May 4, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-09942 Filed 5-9-23; 8:45 am]
BILLING CODE 6717-01-P