[Federal Register Volume 85, Number 186 (Thursday, September 24, 2020)]
[Notices]
[Pages 60153-60154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21106]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. CP14-347-000; CP19-19-000; CP14-511-000]
Magnolia LNG, LLC; Kinder Morgan Louisiana Pipeline LLC; Notice
of Request for Extension of Time
Take notice that on September 11, 2020, Magnolia LNG, LLC
(Magnolia) and Kinder Morgan Louisiana Pipeline LLC (KMLP)
(collectively, Applicants) requested that the Federal Energy Regulatory
Commission (Commission) grant an extension of time, until April 15,
2026, to construct and place into service the Magnolia LNG and Lake
Charles Expansion Projects, as authorized in the April 15, 2016 Order
Granting Authorization Under Section 3 of the Natural Gas Act and
Issuing Certificates (April 15, 2016, Order).\1\ The April 15th
Certificate Order required the Applicants to complete construction and
make the facilities available for service within five years of
issuance, or by April 15, 2021.\2\
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\1\ Magnolia LNG, LLC, 155 FERC 61,033 (2016), reh'g denied, 157
FERC 61,149 (2016).
\2\ Id. at ordering paras. (B) and (D)(1).
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Magnolia states that global market conditions have impacted
Magnolia's ability to secure long-term offtake contracts and achieve a
final investment decision (FID) and that it is confident that it will
execute commercial agreements that will support a positive FID within
the requested timeframe. KMLP states that construction of the Lake
Charles Expansion Project is dependent upon Magnolia achieving FID for
the Magnolia LNG Project.
This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on the Applicants'
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 April 15th 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 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) (2020).
\5\ Algonquin Gas Transmission, LLC, 170 FERC 61,144, at P 40
(2020).
\6\ Id. 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
[[Page 60154]]
Commission's Home Page (http://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, 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 October 9, 2020.
Dated: September 18, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-21106 Filed 9-23-20; 8:45 am]
BILLING CODE 6717-01-P