2022-24536. Mojave Pipeline Company, L.L.C.; Notice of Request for Extension of Time

Take notice that on November 3, 2022, Mojave Pipeline Company, L.L.C. (Mojave) requested that the Federal Energy Regulatory Commission (Commission) grant an extension of time until December 31, 2022, to complete construction of its Oak Creek Delivery Point Project (Project) located in Kern County, California. Mojave requested authorization to construct its Project in a prior notice application filed on September 13, 2021. Since no protests were filed within the comment period, Mojave's Project was deemed to be authorized on November 23, 2022.^[1]

Mojave initially anticipated beginning construction by the end of 2021 once CalPortand Company (CalPortland) had obtained all necessary permits in order to construct and place the new delivery point into service by January 31, 2022.^[2] However, due to delays in CalPortland receiving its necessary permits, construction on the project did not begin until October 4, 2022. Since construction commenced, the planned construction sequencing first requires the installation of CalPortland's meter station and related connecting lateral to Mojave's existing tap site followed by Mojave's construction activities. Mojave anticipates this construction plan will likely push the completion of the Mojave Project until December 31, 2022.

This notice establishes a 15-calendar day intervention and comment period deadline. Any person wishing to comment on Mojave'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).

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.

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 [e-mail] or call toll-free, [phone] or TYY, [phone].

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 p.m. Eastern Time on November 21, 2022.

Dated: November 4, 2022.

Kimberly D. Bose,

Secretary.

Footnotes

1.  Consistent with Section 157.206(c) of the Commission's regulations, Project activities must be completed one year from the date of authorization, i.e., November 23, 2022.

2.  As described in Mojave's application, the Project involves two components: (1) minor work associated with preparing an existing Mojave tap that will be tied into a new CalPortland lateral; and (2) installation of electronic gas measurement equipment to be located within a new CalPortand-owned meter station.

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).