2023-05890. Texas Eastern Transmission, LP; Notice of Request for Extension of Time

Take notice that on March 7, 2023, Texas Eastern Transmission, LP (Texas Eastern) requested that Federal Energy Regulatory Commission (Commission) grant an extension of time, until April 7, 2024, to complete its Gator Express Meter Station Project (Project). Texas Eastern received a prior notice authorization for the Project on February 7, 2022, which authorized: Texas Eastern to construct and operate interconnection facilities between Texas Eastern and Venture Global Gator Express, LLC (Gator Express) in Plaquemines Parish, Louisiana. Specifically, Texas Eastern proposed to construct a new metering and regulating facilities (M&R Facilities) which will be installed on a platform owned by Gator Express with approximately 0.2 mile of 30-inch-diameter interconnecting piping and a riser to connect Texas Eastern's Line to M&R Facilities on the Gator Express platform. The Commission's prior notice regulations require Texas Eastern to complete the construction of the Project and make it available for service within one year from issuance, or by April 8, 2023.^[1]

In Texas Eastern's request for an extension of time, Texas Eastern stated that during construction Gator Express was unable to provide Texas Eastern with access to the platform, as Gator Express experienced its own extenuating circumstances that caused its delay in constructing the platform, including severe weather. Due to the extenuating circumstances Texas Eastern requests an extension of time which to complete the Project from the one-year date of April 8, 2023, to the new projected completion date of April 8, 2024.

This notice establishes a 15-calendar day intervention and comment period deadline. Any person wishing to comment on SNG'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).^[2]

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 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 the Commission's Public Reference Room, due to the proclamation declaring a National Emergency concerning COVID-19, issued by the President on March 13, 2020. For assistance, contact FERC at [e-mail] or call toll-free, [phone] or TTY, [phone].

The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the “eFile” link at http://www.ferc.gov. Persons unable to file electronically should submit an original copy of the protest or intervention by U.S. mail to Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions by any other courier in docketed proceedings should be delivered to, Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.

Comment Date: 5:00 p.m. Eastern Time on March 31, 2023.

Dated: March 16, 2023.

Kimberly D. Bose,

Secretary.

Footnotes

1.  18 CFR 157.207(c).

2.  Only motions to intervene from entities that were party to the underlying proceeding will be accepted. Algonquin Gas Transmission, LLC, 170 FERC ¶ 61,144, at P 39 (2020).

3.  Contested proceedings are those where an intervenor disputes any material issue of the filing. 18 CFR 385.2201(c)(1) (2020).

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

5.  Id. 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).