[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Notices]
[Pages 43835-43836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15624]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP19-193-000]
Columbia Gulf Transmission, LLC; Notice of Request for Extension
of Time
Take notice that on July 7, 2020, Columbia Gulf Transmission, LLC
(Columbia Gulf) requested that the Federal Energy Regulatory Commission
(Commission) grant an extension of time, until November 15, 2021, in
order to place the replacement facilities of the Mainline 100 and
Mainline 200 Replacement Project (Project) into service, in Menifee and
Montgomery Counties, Kentucky, as authorized as part of Columbia Gulf's
Project in the November 15, 2019 Order Granting Certificate and
Approving Abandonment \1\ (November 15 Order). The November 15 Order
required Columbia Gulf to complete construction and make the facilities
available for service within one year of the order date. Columbia Gulf
states that, due to increased population density in the area along
certain discrete sections of Mainline 100 and Mainline 200, Columbia
Gulf is required, pursuant to Part 192 of the U.S. Department of
Transportation (DOT) regulations,\2\ to remediate the pipelines to
allow continued operation at the current maximum allowable operating
pressures (MAOP). Columbia Gulf states that, as provided by 49 CFR
190.341 Special Permit, an operator of a pipeline may submit an
application for a special permit, and provided that certain conditions
are met, the DOT may waive compliance from the regulations for specific
natural gas transmission pipeline segments. If granted, the special
permit allows the operator to continue to operate each special permit
segment at its current MAOP without first performing remediation work.
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\1\ Columbia Gulf Transmission, LLC, 169 FERC ] 62,084 (2019).
\2\ 49 CFR 192.611 (2020).
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Columbia Gulf states that, on October 15, 2019, Columbia Gulf
applied for a special permit under the circumstances that the class
location changed due to development usage of land near the pipeline.
Columbia Gulf anticipates that a determination from DOT on its special
permit application may not be received until after the November 15,
2020 in-service deadline stipulated in the November 15 Order. If the
Commissions grants Columbia Gulf's request for an extension of time,
Columbia would take one of the following actions based on whether it
receives a special permit from DOT. If Columbia Gulf received the
special permit, Columbia Gulf would submit a motion to vacate the
authorization granted in the November 15 Order. If Columbia Gulf
doesn't obtain the special permit, Columbia Gulf would notify the
Commission of its intent to begin construction of the Project and
submit a revision to its Implementation Plan reflecting an updated
construction schedule.
This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on Columbia Gulf'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
[[Page 43836]]
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 Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact FERC at
[email protected] or call toll-free, (886) 208-3676 or TYY,
(202) 502-8659.
The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' 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 Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
Comment Date: 5:00 p.m. Eastern Time on July 29, 2020.
Dated: July 14, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-15624 Filed 7-17-20; 8:45 am]
BILLING CODE 6717-01-P