[Federal Register Volume 89, Number 11 (Wednesday, January 17, 2024)]
[Notices]
[Pages 2933-2935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00724]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP23-518-000; CP21-496-000]


NFEnerg[iacute]a LLC; Notice Seeking Public Comment and 
Establishing Intervention Deadline

    On September 15, 2021, NFEnerg[iacute]a LLC (NFEnerg[iacute]a), 111 
W 19th Street, New York, New York 10011, filed in Docket No. CP21-496-
000 an application under section 3(a) of the Natural Gas Act (NGA), 
Parts 153 and 380 of the Commission's regulations, and the Order issued 
by the Commission on March 19, 2021, in Docket No. CP20-466-000 (Order 
on Show Cause),\1\ requesting authorization to operate the San Juan 
Micro-Fuel Handling Facility (MFH Facility), a liquefied natural gas 
(LNG) import and regasification facility located at the Port of San 
Juan in Puerto Rico.
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    \1\ New Fortress Energy LLC, 174 FERC ] 61,207 (2021) (Order on 
Show Cause), order on reh'g, 176 FERC ] 61,031 (2021) (Rehearing 
Order).
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    On July 18, 2023, NFEnerg[iacute]a filed in Docket No. CP23-518-000 
a request to construct and operate a 220-foot, 10-inch-diameter 
pipeline at the MFH

[[Page 2934]]

Facility.\2\ On July 31, 2023, the Commission issued an order stating 
that it will not take action to prevent the immediate construction and 
operation of the proposed pipeline and would conduct a complete 
examination of the continued operation of the proposed pipeline, 
including an examination of potential ongoing environmental and safety 
impacts, as part of the pending proceeding related to the operation of 
the MFH Facility.\3\ On September 21, 2023, Commission staff issued an 
engineering and environmental information request (Information Request) 
to NFEnerg[iacute]a for the proposed pipeline and required a response 
from NFEnerg[iacute]a within 30 days.\4\ On October 23, 2023, 
NFEnerg[iacute]a provided its response to the Information Request, 
which it supplemented on November 30, 2023.
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    \2\ NFEnerg[iacute]a July 18, 2023, Request for Amendment to 
Temporary Authorization Operate (Amendment Request). The Order to 
Show Cause found that NFEnerg[iacute]a's LNG facility is subject to 
the Commission's jurisdiction under NGA section 3 and granted 
NFEnerg[iacute]a temporary authorization, under which 
NFEnerg[iacute]a currently operates the facility, while the 
Commission reviews the company's application for authorization under 
NGA section 3.
    \3\ NFEnerg[iacute]a LLC, 184 FERC ] 61,061 (2023) (July 2023 
Order).
    \4\ The 30th day after the date of the Information Request is 
Saturday, October 21, 2023. Pursuant to the Commission's 
regulations, NFEnerg[iacute]a's response was due by Monday, October 
23, 2023. See 18 CFR 385.2007(a)(2).
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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 (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. Public access 
to records formerly available in the Commission's physical Public 
Reference Room, which was located at the Commission's headquarters, 888 
First Street NE, Washington, DC 20426, are now available via the 
Commission's website. 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 regarding these filings may be directed to Cameron 
MacDougall, General Counsel, NFEnerg[iacute]a LLC, 111 W 19th Street, 
New York, New York, 10011, by phone at (202) 479-1522, or by email at 
[email protected].
    Pursuant to section 157.9 of the Commission's Rules of Practice and 
Procedure,\5\ 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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    \5\ 18 CFR 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 comments on the project, you can protest 
the filing, and you can file a motion to intervene in the proceeding. 
There is no fee or cost for filing comments or intervening. The 
deadline for filing a motion to intervene is 5:00 p.m. Eastern Time on 
February 8, 2024. How to file protests, motions to intervene, and 
comments is explained below.
    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].

Comments

    Any person wishing to comment on the project may do so. Comments 
may include statements of support or objections, to the project as a 
whole or specific aspects of the project. The more specific your 
comments, the more useful they will be.

Protests

    Pursuant to sections 157.10(a)(4) \6\ and 385.211 \7\ of the 
Commission's regulations under the NGA, any person \8\ may file a 
protest to the application. Protests must comply with the requirements 
specified in section 385.2001 \9\ of the Commission's regulations. 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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    \6\ 18 CFR 157.10(a)(4).
    \7\ 18 CFR 385.211.
    \8\ Persons include individuals, organizations, businesses, 
municipalities, and other entities. 18 CFR 385.102(d).
    \9\ 18 CFR 385.2001.
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    To ensure that your comments or protests are timely and properly 
recorded, please submit your comments on or before February 8, 2024.
    There are three methods you can use to submit your comments to the 
Commission. In all instances, please reference the Project docket 
numbers CP23-518-000 and CP21-496-000 in your submission.
    (1) 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;
    (2) You can file your comments or protests electronically by using 
the eFiling feature, which is located on the Commission's website 
(www.ferc.gov) under the link to Documents and Filings. With eFiling, 
you can provide comments in a variety of formats by attaching them as a 
file with your submission. 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 
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments or protests by 
mailing them to the following address below. Your written comments must 
reference the Project docket numbers (CP23-518-000 and CP21-496-000).
    To file via USPS: Debbie-Anne A. Reese, Acting Secretary, Federal 
Energy Regulatory Commission, 888 First Street NE, Washington, DC 
20426.
    To file via any other courier: Debbie-Anne A. Reese, Acting 
Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, 
Rockville, Maryland 20852.
    The Commission encourages electronic filing of comments (options 1 
and 2 above) and has eFiling staff

[[Page 2935]]

available to assist you at (202) 502-8258 or 
[email protected].
    The Commission considers all comments received about the project in 
determining the appropriate action to be taken. However, 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. 
For instructions on how to intervene, see below.

Interventions

    Any person, which includes individuals, organizations, businesses, 
municipalities, and other entities,\10\ 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.
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    \10\ 18 CFR 385.102(d).
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    All intervenors in the ongoing proceeding for the project (CP21-
496-000) will be considered intervenors in this amendment proceeding 
(CP21-518-000) and do not need to file a new motion to intervene.
    To intervene, you must submit a motion to intervene to the 
Commission in accordance with Rule 214 of the Commission's Rules of 
Practice and Procedure \11\ and the regulations under the NGA \12\ by 
the intervention deadline for the project, which is February 8, 2024. 
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 to intervene. For more information about 
motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
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    \11\ 18 CFR 385.214.
    \12\ 18 CFR 157.10.
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    There are two ways to submit your motion to intervene. In both 
instances, please reference the Project docket numbers CP23-518-000 and 
CP21-496-000 in your submission.
    (1) You may file your motion to intervene 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 ``Intervention.'' The eFiling feature 
includes a document-less intervention option; for more information, 
visit https://www.ferc.gov/docs-filing/efiling/document-less-intervention.pdf.; or
    (2) You can file a paper copy of your motion to intervene, along 
with three copies, by mailing the documents to the address below. Your 
motion to intervene must reference the Project docket numbers CP23-518-
000 and CP21-496-000.
    To file via USPS: Debbie-Anne A. Reese, Acting Secretary, Federal 
Energy Regulatory Commission, 888 First Street NE, Washington, DC 
20426.
    To file via any other courier: Debbie-Anne A. Reese, Acting 
Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, 
Rockville, Maryland 20852.
    The Commission encourages electronic filing of motions to intervene 
(option 1 above) and has eFiling staff available to assist you at (202) 
502-8258 or [email protected]. The deadline for filing a 
motion to intervene is 5:00 p.m. Eastern Time on February 8, 2024.
    Protests and motions to intervene must be served on the applicant 
either by mail or email at: Cameron MacDougall, General Counsel, 
NFEnerg[iacute]a LLC, 111 W 19th Street, New York, New York, 10011 or 
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. Service can be via 
email with a link to the document.
    All timely, unopposed \13\ motions to intervene are automatically 
granted by operation of Rule 214(c)(1).\14\ Motions to intervene that 
are filed after the intervention deadline are untimely and may be 
denied. Any late-filed motion to interSecretary ofw 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.\15\ A person 
obtaining party status will be placed on the service list maintained by 
the Acting Secretary of the Commission and will receive copies (paper 
or electronic) of all documents filed by the applicant and by all other 
parties.
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    \13\ The applicant has 15 days from the submittal of a motion to 
intervene to file a written objection to the intervention.
    \14\ 18 CFR 385.214(c)(1).
    \15\ 18 CFR 385.214(b)(3) and (d).
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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 
www.ferc.gov/docs-filing/esubscription.asp.
    Intervention Deadline: 5:00 p.m. Eastern Time on Date, February 8, 
2024.

    Dated: January 9, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-00724 Filed 1-16-24; 8:45 am]
BILLING CODE 6717-01-P