2020-03222. PennEast Pipeline Company, LLC; Notice of Application

Take notice that on January 30, 2020, PennEast Pipeline Company, LLC (PennEast), 835 Knitting Mills Way, Wyomissing, PA 19610, filed in Docket No. CP20-47-000 an application (2020 Amendment) pursuant to section 7(c) of the Natural Gas Act (NGA) and Part 157 of the Commission's regulations for authorization to amend the certificate of public convenience and necessity for the PennEast Pipeline Project (Project) that was granted on January 19, 2018.^[1] The Project comprises approximately 116 miles of 36-inch-diameter pipeline, three (3) lateral pipelines, one compressor station, and related appurtenances located in Pennsylvania and New Jersey. The certificated facilities will provide up to 1,107,000 dekatherms per day of new firm natural gas transportation capacity.

PennEast states that it has encountered delays in obtaining certain New Jersey governmental authorizations and in acquiring certain real property rights for the proposed Project facilities. Therefore, with the 2020 Amendment application PennEast requests authorization to construct, own, and operate the certificated Project in two phases. The facilities proposed to be located in Pennsylvania through approximate milepost (MP) 68 of the Certificated Route, including two of the compressor units at the Kidder Compressor Station, as well as new interconnection facilities in Pennsylvania, are included as part of Phase 1, which is independent of the New Jersey authorizations. The proposed facilities located downstream of approximately MP 68, including facilities proposed to be located in New Jersey, as well as the third compressor unit at the Kidder Compressor Station, are included as part of Phase 2. PennEast also requested authorization to charge its proposed initial recourse rate for service on the Phase 1 facilities, and its revised initial recourse rates for service on the entire Project following completion of Phase 2. PennEast anticipates to place the Phase 1 facilities into service on November 1, 2021, and to construct, own and operate the Phase 2 facilities upon receipt of the New Jersey authorizations, all as more fully set forth in the application which is on file with the Commission and open to public inspection. The filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's website web at 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. For assistance, contact FERC at [e-mail] or call toll-free, [phone] or TYY, [phone].

Any questions concerning this application may be directed to Jeffrey D. England, Project Manager, PennEast Pipeline Company, LLC, 835 Knitting Mills Way, Wyomissing, PA 19610, by telephone at [phone], by facsimile at [phone], or by email at [e-mail].

Pursuant to section 157.9 of the Commission's rules (18 CFR 157.9), within 90 days of this Notice, the Commission staff will 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 environmental assessment (EA) for this proposal. 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 EA.

There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below file with the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, 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 NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit seven copies of filings made in the proceeding with the Commission and must mail a copy to the applicant and to every other party. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.

However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.

Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.

As of the February 27, 2018 date of the Commission's order in Docket No. CP16-4-001, the Commission will apply its revised practice concerning out-of-time motions to intervene in any new NGA section 3 or section 7 proceeding.^[2] Persons desiring to become a party to a certificate proceeding are to intervene in a timely manner. If seeking to intervene out-of-time, the movant is required to show good cause why the time limitation should be waived, and should provide justification by reference to factors set forth in Rule 214(d)(1) of the Commission's Rules and Regulations.^[3]

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 March 4, 2020.

Dated: February 12, 2020.

Kimberly D. Bose,

Secretary.

Footnotes

1.  PennEast Pipeline Company, LLC, 162 FERC 61,053 (2018); order on reh'g, 164 FERC 61,098 (2018).

2.  Tennessee Gas Pipeline Company, L.L.C., 162 FERC ¶ 61,167 at ¶ 50 (2018).

3.  18 CFR 385.214(d)(1).