[Federal Register Volume 85, Number 166 (Wednesday, August 26, 2020)]
[Notices]
[Page 52586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18730]
[[Page 52586]]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. CP10-22-000; CP16-18-000]
Magnum Gas Storage, LLC; Notice of Request for Extension of Time
Take notice that on August 17, 2020, Magnum Gas Storage, LLC
(Magnum) requested that the Federal Energy Regulatory Commission
(Commission) grant a four- and one-half-year extension of time, until
May 17, 2025, to construct and place into service the Magnum Gas
Storage Project facilities (Facilities) which were originally
authorized by the Commission on March 17, 2011 (Certificate Order) \1\
and subsequently amended by the Commission on November 17, 2016
(Amendment Order). \2\ The Amendment Order required Magnum to construct
and place the facilities in service by November 17, 2020. On April 23,
2020 the Commission issued an Order Vacating Certificate Authorization
in Part which vacated certificate authorization for two natural gas
storage caverns, one brine disposal pond, and other associated
facilities.\3\ Currently, the certificated facilities consist of two
natural gas storage caverns and associated wells; a 61.6-mile-long, 36-
inch-diameter natural gas pipeline header; gas compression and
dehydration facilities; one brine evaporation pond and associated water
supply and pumping facilities and various other above and below ground
piping, control and communications equipment.
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\1\ Magnum Gas Storage, LLC, 134 FERC ] 61,197 (2011).
\2\ Magnum Gas Storage, LLC, 157 FERC ] 61,114 (2016).
\3\ Magnum Gas Storage, LLC, 171 FERC ] 61,069 (2020).
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Magnum has experienced delays in initiating construction of the
Facilities due to delays in permitting of the related state
jurisdictional facilities, changes in the overall project scope and
changing market conditions. As a result, construction of Magnum's
facilities has not yet begun. In its August 17, 2020 request, Magnum
explains that it is continuing to diligently develop the Magnum Gas
Storage Project and has secured the necessary permits for construction
and has secured substantial land, mineral and water rights associated
with construction of the Facilities. Magnum further explains that its
Facilities are directly adjacent to the site of the Intermountain Power
Project (IPP) which is converting its electric power plant from coal to
natural gas and the Advanced Clean Energy Storage (ACES) Project which
is developing renewable energy storage using hydrogen, compressed air,
large-scale flow batteries and solid oxide fuel cells, which will
require the use of natural gas in the conversion process for the
foreseeable future. Magnum states that it is uniquely positioned to
provide delivery and storage of natural gas in the vicinity of the ACES
and IPP Projects.
This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on Magnum'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).\4\
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\4\ 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,\5\ the
Commission will aim to issue an order acting on the request within 45
days.\6\ The Commission will address all arguments relating to whether
the applicant has demonstrated there is good cause to grant the
extension.\7\ 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.\8\
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.\9\ The OEP Director, or
his or her designee, will act on all of those extension requests that
are uncontested.
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\5\ Contested proceedings are those where an intervenor disputes
any material issue of the filing. 18 CFR 385.2201(c)(1) (2019).
\6\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40
(2020).
\7\ Id. at P 40.
\8\ 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.
\9\ 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
FERCOnlineSupport@ferc.gov 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 should
submit an original and three copies of the protest or intervention to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426.
Comment Date: 5:00 p.m. Eastern Time on September 4, 2020.
Dated: August 20, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-18730 Filed 8-25-20; 8:45 am]
BILLING CODE 6717-01-P