2021-25178. Driftwood Pipeline LLC; Notice of Amendment to Application and Establishing Intervention Deadline

Take notice that on October 29, 2021, Driftwood Pipeline LLC (Driftwood), 1201 Louisiana Street, Suite 3100, Houston, TX 77002, filed a second amendment to its application proposing the Line 200 and Line 300 Project that was filed on June 17, 2021 in Docket No. CP21-465-000 and noticed in the Federal Register on July 7, 2021.^[1 2]

This amendment, filed in Docket No. CP21-465-002, proposes to increase capacity on the Line 200 and Line 300 Project from the originally proposed nominal capacity of 4.6 billion cubic feet per day Bcf/d to a nominal capacity of 5.4 Bcf/d, with a maximum seasonal capacity of 5.7 Bcf/d, all as more fully set forth in the application which is on file with the Commission and open for public inspection.

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://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 the Federal Energy Regulatory Commission at [e-mail] or call toll-free, [phone] or TYY, [phone].

Any questions regarding Driftwood's application may be directed to Joey Mahmoud, Driftwood Pipeline LLC, 1201 Louisiana Street, Suite 3100, Houston, TX 77002, 832-962-4000, [e-mail]; or Lisa M. Tonery, Partner, Orrick, Herrington & Sutcliffe LLP, 51 West 52nd Street, New York, N.Y. 10019-6142, 212 506-3710, [e-mail].

Pursuant to Section 157.9 of the Commission's Rules of Practice and Procedure,^[3] within 90 days of this Notice the Commission staff will either: complete its environmental review and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or environmental assessment (EA) for this proposal. The filing of an EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.

Public Participation

There are three ways to become involved in the Commission's review of this project: You can file a protest to the project, you can file a motion to intervene in the proceeding, and you can file comments on the project. There is no fee or cost for filing protests, motions to intervene, or comments. The deadline for filing protests, motions to intervene, and comments is 5:00 p.m. Eastern Time on December 3, 2021. How to file comments and motions to intervene is explained below.

Comments

Any person wishing to comment on the project may do so. The Commission considers all comments received about the project in determining the appropriate action to be taken. To ensure that your comments are timely and properly recorded, please submit your comments on or before December 3, 2021. However, the filing of a comment alone will not serve to make the filer a party to the proceeding. To become a party, you must intervene in the proceeding.

Persons who comment on the environmental review of this project will be placed on the Commission's environmental mailing list, and will receive notification when the environmental documents (EA or EIS) are issued for this project and will be notified of meetings associated with the Commission's environmental review process.

Interventions

Any person, which includes individuals, organizations, businesses, municipalities, and other entities,^[4] has the option to file a motion to intervene in this proceeding. Only intervenors have the right to request rehearing of Commission orders issued in this proceeding and to subsequently challenge the Commission's orders in the U.S. Circuit Courts of Appeal.

To intervene, you must submit a motion to intervene to the Commission in accordance with Rule 214 of the Commission's Rules of Practice and Procedure ^[5] and the regulations under the NGA ^[6] by the intervention deadline for the project, which is December 3, 2021. As described further in Rule 214, your motion to intervene must state, to the extent known, your position regarding the proceeding, as well as your interest in the proceeding. [For an individual, this could include your status as a landowner, ratepayer, resident of an impacted community, or recreationist. You do not need to have property directly impacted by the project in order to intervene.] For more information about motions to intervene, refer to the FERC website at https://www.ferc.gov/​resources/​guides/​how-to/​intervene.asp.

All timely, unopposed motions to intervene are automatically granted by operation of Rule 214(c)(1). Motions to intervene that are filed after the intervention deadline are untimely and may be denied. Any late-filed motion to intervene must show good cause for being late and must explain why the time limitation should be waived and provide justification by reference to factors set forth in Rule 214(d) of the Commission's Rules and Regulations. A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies (paper or electronic) of all documents filed by the applicant and by all other parties.

How To File Comments and Interventions

There are two ways to submit your comments and motions to intervene to the Commission. In all instances, please reference the Project docket number, CP21-465-002, in your submission. The Commission encourages electronic filing of submissions.

(1) You may file your comments or motions to intervene electronically by using the eFiling feature, which is located on the Commission's website ( www.ferc.gov ) under the link to Documents and Filings. New eFiling users must first create an account by clicking on “eRegister.” You will be asked to select the type of filing you are making; first select “General” and then select “Comment on a Filing” or “Intervention”; or

(2) You can file a paper copy of your comments by mailing them to the following address below. Your written comments must reference the Project docket number (CP21-465-002).

To mail via USPS, use the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426

To mail via any other courier, use the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852

Motions to intervene must be served on the applicants either by mail or email (with a link to the document) at: Joey Mahmoud, Driftwood Pipeline LLC, 1201 Louisiana Street Suite 3100, Houston, TX 77002, [e-mail]; or Lisa M. Tonery, Partner, Orrick, Herrington & Sutcliffe LLP, 51 West 52nd Street, New York, N.Y. 10019-6142, [e-mail]. Any subsequent submissions by an intervenor must be served on the applicants and all other parties to the proceeding. Contact information for parties can be downloaded from the service list at the eService link on FERC Online. Service can be via email with a link to the document.

All timely, unopposed ^[7] motions to intervene are automatically granted by operation of Rule 214(c)(1).^[8] Motions to intervene that are filed after the intervention deadline are untimely, and may be denied. Any late-filed motion to intervene must show good cause for being late and must explain why the time limitation should be waived and provide justification by reference to factors set forth in Rule 214(d) of the Commission's Rules and Regulations.^[9] A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies (paper or electronic) of all documents filed by the applicant and by all other parties.

Tracking the Proceeding

Throughout the proceeding, additional information about the projects will be available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC website at www.ferc.gov using the “eLibrary” link as described above. The eLibrary link also provides access to the texts of all formal documents issued by the Commission, such as orders, notices, and rulemakings.

In addition, the Commission offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. For more information and to register, go to www.ferc.gov/​docs-filing/​esubscription.asp.

Intervention Deadline: 5:00 p.m. Eastern Time on December 3, 2021.

Dated: November 12, 2021.

Kimberly D. Bose,

Secretary.

Footnotes

1.  86 FR 35776.

2.  On October 13, 2021, Driftwood filed its first amendment in Docket No. CP21-465-001 regarding the Line 200 and Line 300 Project to address various project modifications that are largely the result of relocating the proposed Indian Bayou Compressor Station. The deadline for filing protests, motions to intervene, and comments in Docket No. CP21-465-001 ended November 10, 2021.

3.  18 CFR (Code of Federal Regulations) § 157.9.

4.  18 CFR 385.102(d).

5.  18 CFR 385.214.

6.  18 CFR 157.10.

7.  The applicant has 15 days from the submittal of a motion to intervene to file a written objection to the intervention.

8.  18 CFR 385.214(c)(1).

9.  18 CFR 385.214(b)(3) and (d).