[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Notices]
[Pages 54553-54554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19376]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP16-10-000]
Mountain Valley Pipeline, LLC; Notice of Request for Extension of
Time
Take notice that on August 25, 2020, Mountain Valley Pipeline, LLC
(Mountain Valley) requested that the Federal Energy Regulatory
Commission (Commission) grant an extension of time, until October 13,
2022, to complete the Mountain Valley Pipeline Project (Project), as
authorized in the February 19, 2019 Order Issuing Certificates and
Granting Abandonment (Certificate Order).\1\
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\1\ Mountain Valley Pipeline, LLC, 161 FERC 61,043 (2017), order
on reh'g, 163 FERC 61,197 (2018) (Certificate Order), aff'd sub.
nom., Appalachian Voices v. FERC, No. 17-1271, 2019 WL 847199 (D.C.
Cir. Feb. 19, 2019).
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[[Page 54554]]
Mountain Valley states it has not completed Project construction
due to unforeseen litigation and permitting delays outside of Mountain
Valley's control. This includes litigation directly challenging Project
permits and authorizations as well as litigation associated with other
infrastructure projects. These challenges have affected, directly or
indirectly, Project permits and authorizations from the U.S. Forest
Service, Bureau of Land Management, U.S. Army Corps of Engineers, U.S.
Fish and Wildlife Service, and the National Park Service. Because of
these permitting challenges, Mountain Valley states it will not be able
to complete construction and make the Project facilities available for
service by October 13, 2020.
This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on Mountain Valley'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).\2\
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\2\ 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,\3\ the
Commission will aim to issue an order acting on the request within 45
days.\4\ The Commission will address all arguments relating to whether
the applicant has demonstrated there is good cause to grant the
extension.\5\ 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.\6\
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.\7\ The OEP Director, or
his or her designee, will act on all of those extension requests that
are uncontested.
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\3\ Contested proceedings are those where an intervenor disputes
any material issue of the filing. 18 CFR 385.2201(c)(1) (2019).
\4\ Algonquin Gas Transmission, LLC, 170 FERC 61,144, at P 40
(2020).
\5\ Id. at P 40.
\6\ 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.
\7\ 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 eFile 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 September 11, 2020.
Dated: August 27, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-19376 Filed 9-1-20; 8:45 am]
BILLING CODE 6717-01-P