2024-27578. RH energytrans, LLC; Notice of Request for Extension of Time

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Department of Energy

Federal Energy Regulatory Commission

1. [Docket No. CP18-6-002]

( print page 92927)

Take notice that on November 13, 2024, RH energytrans, LLC (RH) requested that the Federal Energy Regulatory Commission (Commission) grant a third extension of time, until December 7, 2026, to complete construction of, and place into service, its Meadville and County Line compressor stations in Crawford and Erie Counties, Pennsylvania. The Commission previously issued letter orders granting extensions of time until and including December 7, 2022 ^[1] and December 7, 2024.^[2] The Order Issuing Certificate (Certificate Order) ^[3] required RH to complete the construction of the proposed Risberg Line Project facilities ^[4] and make them available for service within two years from issuance, or by December 7, 2020.^[5]

In RH's previous requests for extensions of time RH stated that it had experienced construction delays due to winter weather, the dissolution of one of its pipeline contractors, and delays resulting from COVID-19 pandemic restrictions. RH states that it has continued to experience similar conditions and that commercial activity has only slowly been returning in the areas served by the Risberg Line. RH explains that in recent months, it has encountered an increase in interest from potential shippers developing data centers near the Risberg Line, and has concluded that the additional capacity they would need to require the compression provided by the Meadville and Countyline compressor stations. As a result, RH now requests an additional two years, or until December 7, 2026, to complete the authorized construction at the Meadville and County Line compressor stations and make them available for service.^[6]

This notice establishes a 15-calendar day intervention and comment period deadline. Any person wishing to comment on RH'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 (NGA) (18 CFR 157.10).

As a matter of practice, the Commission itself generally acts on requests for extensions of time to complete construction for NGA facilities when such requests are contested before order issuance. For those extension requests that are contested,^[7] the Commission will aim to issue an order acting on the request within 45 days.^[8] The Commission will address all arguments relating to whether the applicant has demonstrated there is good cause to grant the extension.^[9] 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 (NEPA).^[10] 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.^[11] The Director of the Office of Energy Projects, 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 ( https://www.ferc.gov). From the Commission's Home Page on the internet, this information is available on eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading. To access this document in eLibrary, type the docket number excluding the last three digits of this document in the docket number field.

User assistance is available for eLibrary and the Commission's website during normal business hours from FERC Online Support at [phone] (toll free at 1-866-208-3676) or email at [e-mail], or the Public Reference Room at [phone], TTY [phone]. Email the Public Reference Room at [e-mail].

The Commission strongly encourages electronic filings of comments in lieu of paper using the “eFile” link at https://www.ferc.gov. In lieu of electronic filing, you may submit a paper copy which must reference the Project docket number.

To file via USPS: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

To file via any other courier: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.

The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, environmental justice communities, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at [phone] or [e-mail].

Comment Date: 5:00 p.m. Eastern Time on December 4, 2024.

Dated: November 19, 2024.

Debbie-Anne A. Reese,

Secretary.

Footnotes

1.  RH energytrans, LLC, Docket No. CP18-6-000, Letter Order (Nov. 18, 2020).

2.  RH energytrans, LLC, Docket No. CP18-6-000, Letter Order (Dec. 21, 2022).

3.   RH energytrans, LLC, 165 FERC ¶ 61,218 (2018) (Certificate Order).

4.  The Risberg Line Project consists of the conversion of 31.6 miles of existing 8-inch and 12-inch natural gas gathering pipeline to transmission service, construction of 28.3 miles of new 12-inch pipeline, conversion of the existing Countyline Compressor station from gathering to transmission service, and construction of a new compressor station at Meadville, PA.

5.   Id. at ordering para. (B)(1).

6.  On December 1, 2019, RH placed all of the Risberg Line Project facilities into service except for the Meadville and County Line compressor stations.

7.  Contested proceedings are those where an intervenor disputes any material issue of the filing. 18 CFR 385.2201(c)(1).

8.   Algonquin Gas Transmission, LLC, 170 FERC ¶ 61,144, at P 40 (2020).

9.   Id. at P 40.

10.  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.

11.   Algonquin Gas Transmission, LLC, 170 FERC ¶ 61,144, at P 40 (2020).