Federal Register, Volume 88 Issue 95 (Wednesday, May 17, 2023)

[Federal Register Volume 88, Number 95 (Wednesday, May 17, 2023)]
[Notices]
[Pages 31500-31501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10515]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP18-116-001]


Texas Gas Transmission, LLC; Notice of Request for Extension of 
Time

    Take notice that on May 5, 2023, Texas Gas Transmission, LLC (Texas 
Gas) requested that the Federal Energy Regulatory Commission 
(Commission) grant an extension of time, until June 26, 2025, to 
abandon certain pipeline facilities, including all related appurtenant 
and auxiliary facilities, originally authorized in the June 26, 2018 
Order Approving Abandonment under section 7 of the Natural Gas Act and 
part 157 of the Commission's regulations (June 26, Order).\1\ Ordering 
Paragraph (B) of the June 26 Order provided a deadline of June 26, 
2019, to complete abandonment of the facilities.
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    \1\ See Texas Gas Transmission, LLC, 163 FERC ] 62,218 (2018) 
(June 26 Order).
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    In its original application, Texas Gas proposed to abandon in-place 
approximately 11.0 miles of its 16-inch-diameter North Lake Pagie (NLP) 
pipeline and approximately 5.7 miles of its 16-inch-diameter Bay Junop-
Bay Round (BJB) pipeline. In addition, Texas Gas proposed to abandon by 
removal two platforms including associated risers, piping, and 
appurtenances, appurtenant rock and concrete, two meters, and timber 
bulkheads and bulkhead signs at 33 locations along the pipeline right-
of-way. The facilities are located approximately 22.1 miles southwest 
of Houma, Louisiana, extending offshore in Terrebonne Parish, 
Louisiana, as part of Texas Gas' Southeast Supply Lateral.\2\
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    \2\ The Southeast Supply Lateral extends from Eunice, Louisiana 
eastward to Thibodaux, Louisiana.
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    On June 5, 2019, Texas Gas filed a request for an extension of 
time, until December 1, 2020, to complete abandonment activities, so as 
to continue ongoing landowner negotiations and to obtain the necessary 
environmental permits within the appropriate construction season. On 
June 10, 2019, the Commission granted an extension of time for one 
year, until and including June 26, 2020, to complete the abandonment 
activities.\3\
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    \3\ Texas Gas Transmission, LLC, Docket No. CP18-116-000 (June 
10, 2019) (delegated order).
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    On May 26, 2020, Texas Gas filed a request for a further one-year 
extension of time, to June 26, 2021, to complete abandonment 
activities. Texas Gas stated that this extension of time would allow 
Texas Gas to complete ongoing

[[Page 31501]]

landowner negotiations and to obtain the necessary environmental 
permits for the project. The Commission granted that extension of time 
on June 17, 2020.\4\
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    \4\ Texas Gas Transmission, LLC, Docket No. CP18-116-000 (June 
17, 2020) (delegated order).
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    On April 12, 2021, Texas Gas filed another request for extension of 
time for an additional two years to complete its project originally 
authorized in the June 26 Order. Texas Gas requested an additional 
extension of time, until June 26, 2023, to complete abandonment 
activities authorized in the above referenced docket. Texas Gas stated 
that the extension was required to complete abandonment activities, 
continue ongoing landowner/agency negotiations, and to obtain the 
outstanding Coastal Use Permit to abandon the NLP/BJB pipeline. The 
Commission granted that extension of time on May 12, 2021.\5\
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    \5\ Texas Gas Transmission, LLC, Docket No. CP18-116-000 (May 
12, 2021) (delegated order).
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    In this latest filing, Texas Gas now states that they have faced 
obstacles in securing agreeable terms with agencies and landowners to 
secure a Coastal Use Permit. Texas Gas also states that new species 
have been listed by the U.S. Fish and Wildlife Service (USFWS) that may 
be affected within the proposed project area and will require re-
consultation with USFWS. Therefore, Texas Gas is requesting an 
additional two-year extension to address these issues.
    This notice establishes a 15-calendar day intervention and comment 
period deadline. Any person wishing to comment on the applicant'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).\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 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 all of 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) (2019).
    \8\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40 
(2020).
    \9\ Id. at 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://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 FERC at 
[email protected] or call toll-free, (886) 208-3676 or TTY, 
(202) 502-8659.
    The Commission strongly encourages electronic filings of comments 
in lieu of paper using the ``eFile'' link at http://www.ferc.gov. In 
lieu of electronic filing, you may submit a paper copy. Submissions 
sent via the U.S. Postal Service must be addressed to: Kimberly D. 
Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street 
NE, Room 1A, Washington, DC 20426. Submissions sent via any other 
carrier must be addressed to: Kimberly D. Bose, Secretary, Federal 
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 
20852.
    Comment Date: 5:00 p.m. Eastern Time on May 26, 2023.

    Dated: May 11, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-10515 Filed 5-16-23; 8:45 am]
BILLING CODE 6717-01-P