2024-02815. Double E Pipeline, LLC; Notice of Request for Extension of Time

Take notice that on January 31, 2024, Double E Pipeline, LLC. (Double E) requested that the Federal Energy Regulatory Commission (Commission) grant an extension of time, until February 18, 2025, to complete construction and place into service the Red Hills Lateral Project (Project) located in Eddy and Lea Counties, New Mexico. On December 19, 2022, the Commission issued a Notice of Request Under Blanket Authorization, which established a 60-day comment period, ending on February 17, 2023, to file protests. No protests were filed during the comment period, and accordingly the project was authorized on February 18, 2023, and by Rule should have been completed within one year.

In its 2024 Extension of Time Request, Double E states that pre-construction activities are ongoing, but that it will not complete all work associated with the Project by the February 18, 2024, deadline. Accordingly, Double E requests an extension of time until February 18, 2025, to complete construction of project facilities.

This notice establishes a 15-calendar day intervention and comment period deadline. Any person wishing to comment on Double E'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 NGA facilities when such requests are contested before order issuance. For those extension requests that are contested,^[1] the Commission will aim to issue an order acting on the request within 45 days.^[2] The Commission will address all arguments relating to whether the applicant has demonstrated there is good cause to grant the extension.^[3] 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).^[4] 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.^[5] 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 ( 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. Public access to records formerly available in the Commission's physical Public Reference Room, which was located at the Commission's headquarters, 888 First Street NE, Washington, DC 20426, are now available via the Commission's website. For assistance, contact FERC at [e-mail] or call toll free, (866) 208–3676 or TTY (202) 502–8659.

The Commission strongly encourages electronic filings of comments in lieu of paper using the “eFile” link at http://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, Acting Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

To file via any other courier: Debbie-Anne A. Reese, Acting 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 (202) 502–6595 or [e-mail].

Comment Date: 5:00 p.m. Eastern Time on February 21, 2024.

Dated: February 6, 2024.

Debbie-Anne A. Reese,

Acting Secretary.

Footnotes

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

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

3.   Id. at P 40.

4.  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.

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