[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Notices]
[Page 40795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13267]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-80-004]


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

    Take notice that on June 8, 2023, Columbia Gas Transmission, LLC 
(Columbia) requested that the Federal Energy Regulatory Commission 
(Commission) grant an extension of time, until July 19, 2026, to 
construct and operate its Eastern Panhandle Expansion Project, 
originally authorized in the July 19, 2018 Order Issuing Certificate 
under section 7 of the Natural Gas Act and part 157 of the Commission's 
regulations (July 19, Order).\1\ Ordering Paragraph (B1) of the July 19 
Order provided a deadline of July 19, 2020, to complete construction of 
the facilities and making them available for service.
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    \1\ See Columbia Gas Transmission, LLC, 164 FERC ] 61,036 (2018) 
(July 19 Order), reh'g denied, 170 FERC ] 61,247 (2020).
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    In its original application, Columbia requested authorization to 
construct and operate approximately 3.37 miles of 8-inch in diameter 
pipeline commencing in Fulton County, Pennsylvania, and extending 
through Washington County, Maryland, to a point of delivery in Morgan 
County, West Virginia. The project was designed to meet Mountaineer 
Gas' request for 47,500 dekatherms per day (Dth/d) of capacity, and 
Mountaineer Gas and Columbia have a binding precedent agreement 
executed for the entire capacity of the project for a 20-year primary 
term.
    On July 8, 2020, Columbia filed a request for a three-year 
extension of time, until July 19, 2023, to construct the project and 
place it into service. In that filing, Columbia stated that, due to 
unforeseen delays in acquiring an easement from the Government of 
Maryland across the Western Maryland Rail Trail, additional time was 
required in order to complete the construction of the authorized 
project facilities. On August 25, 2020, the Commission granted 
Columbia's request.\2\
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    \2\ Columbia Gas Transmission, LLC, Docket No. CP18-116-003 
(August 25, 2020) (delegated order).
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    In this latest request, Columbia states that the easement in 
question is still the subject of litigation pending before the U.S. 
Court of Appeals for the Fourth Circuit (Fourth Circuit). Columbia 
reports that, due to this litigation, Columbia is prevented from moving 
forward with the construction of the project.
    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).\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 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 all of 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) (2019).
    \5\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40 
(2020).
    \6\ Id. at 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 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.
    The Commission's Office of Public Participation (OPP) supports 
meaningful public engagement and participation in Commission 
proceedings. OPP can help members of the public, including landowners, 
environmental justice communities, Tribal members and others, access 
publicly available information and navigate Commission processes. For 
public inquiries and assistance with making filings such as 
interventions, comments, or requests for rehearing, the public is 
encouraged to contact OPP at (202) 502-6595 or [email protected].
    Comment Date: 5:00 p.m. Eastern Time on June 30, 2023.

    Dated: June 15, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-13267 Filed 6-21-23; 8:45 am]
BILLING CODE 6717-01-P