2021-04746. Atlantic Coast Pipeline, LLC, Eastern Gas Transmission and Storage, Inc.; Notice of Amendment of Certificates and Opening of Scoping Period

Take notice that on January 4, 2021, Atlantic Coast Pipeline, LLC (ACP), 120 Tredegar Street, Richmond, VA 23219, filed its Atlantic Coast Project Disposition and Restoration Plan, and on November 20, 2020, Eastern Gas Transmission and Storage, Inc. (EGTS),^[1] 6603 West Broad Street, Richmond, Virginia 23230, filed the Supply Header Project Restoration Plan.^[2] On July 5, 2020, Dominion Energy Transmission, Inc. and Duke Energy issued a press release announcing the cancellation of the Atlantic Coast Project, which the Commission authorized on October 13, 2017.^[3] The Restoration Plans describe ACP's and EGTS's plans for the disposition of Atlantic Coast and Supply Header Projects, including proposed restoration activities which would modify their original authorizations to such an extent that it is appropriate to treat the plans as amendments to the certificates of public convenience and necessity issued for the projects. The two plans are 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 the proposed project should be directed to Sharon L. Burr, Chief Deputy Counsel, Atlantic Coast Pipeline, LLC, 120 Tredegar Street, Richmond, VA 23219, or by phone at 804-624-0988, or email at [e-mail]; or Matthew R. Bley, Director, Gas Transmission Certificates Eastern Gas Transmission and Storage, Inc., 6603 West Broad Street, Richmond, Virginia 23230; or by phone at 804-771-4399, or email at [e-mail].

ACP and EGTS are directed to provide this notice to all affected landowners and towns, communities, and local, state and federal governments and agencies involved in the project within 10 business days of its publication in the Federal Register.

This notice also announces the opening of a scoping period the Commission will use to gather input from the public and interested agencies regarding the proposed restoration activities associated with the disposition of the Atlantic Coast and Supply Header Projects. By this notice, the Commission requests public comments on the scope of issues to address in the environmental document.

Pursuant to Section 157.9 of the Commission's Rules of Practice and Procedure,^[4] 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 two ways to become involved in the Commission's review of the companies' proposals: You can file comments on the proposals, and you can file a motion to intervene in the proceeding. There is no fee or cost for filing comments or intervening. The deadline for filing a motion to intervene is 5:00 p.m. Eastern Time on April 16, 2021.

Comments

Any person wishing to comment on the proposals may do so. Comments may include statements of support or objections to the proposals as a whole or specific aspects of the proposal. The more specific your comments, the more useful they will be. To ensure that your comments are timely and properly recorded, please submit your comments on or before April 16, 2021.

There are three methods you can use to submit your comments to the Commission. In all instances, please reference the Project docket numbers CP15-554-009 and/or CP15-555-007 in your submission.

(1) You may file your comments electronically by using the eComment feature, which is located on the Commission's website at www.ferc.gov under the link to Documents and Filings. Using eComment is an easy method for interested persons to submit brief, text-only comments on a project;

(2) You may file your comments electronically by using the eFiling feature, which is located on the Commission's website (www.ferc.gov) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. 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

(3) 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 CP15-554-009 and/or CP15-555-007.

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

The Commission encourages electronic filing of comments (options 1 and 2 above) and has eFiling staff available to assist you at [phone] or [e-mail].

Persons who comment on the environmental review of this project, and provide their mailing address, 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.

The Commission considers all comments received about the project in determining the appropriate action to be taken. 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. For instructions on how to intervene, see below.

Interventions

All intervenors in the previous proceedings for the projects (CP15-554-000; CP15-554-001; CP15-555-000) will be considered intervenors in this amendment proceeding and do not need to file a new motion to intervene.

Any other person, which includes individuals, organizations, businesses, municipalities, and other entities,^[5] 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 ^[6] and the regulations under the NGA ^[7] by the intervention deadline for the project, which is April 16, 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.

There are two ways to submit your motion to intervene. In both instances, please reference the Project docket number CP15-554-009 and/or CP15-555-007 in your submission.

(1) You may file your motion to intervene by using the Commission's 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 “Intervention.” The eFiling feature includes a document-less intervention option; for more information, visit https://www.ferc.gov/​docs-filing/​efiling/​document-less-intervention.pdf.;​; or

(2) You can file a paper copy of your motion to intervene, along with three copies, by mailing the documents to the address below. Your motion to intervene must reference the Project docket number CP15-554-009 and/CP15-555-007.

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

The Commission encourages electronic filing of motions to intervene (option 1 above) and has eFiling staff available to assist you at [phone] or [e-mail].

Motions to intervene must be served on the applicant either by mail or email at: Sharon L. Burr, Chief Deputy Counsel, Atlantic Coast Pipeline, LLC, 120 Tredegar Street, Richmond, VA 23219; [e-mail]; or Matthew R. Bley, Director, Gas Transmission Certificates Eastern Gas Transmission and Storage, Inc., 6603 West Broad Street, Richmond, Virginia 23230; [e-mail]. Any subsequent submissions by an intervenor must be served on the applicant 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 ^[8] motions to intervene are automatically granted by operation of Rule 214(c)(1).^[9] 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.^[10] 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 project 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 and Scoping Comments Deadline: 5:00 p.m. Eastern Time on April 16, 2021.

Nathaniel J. Davis, Sr.,

Deputy Secretary.

Footnotes

1.  On November 1, 2020, Dominion Energy sold certain companies including Dominion Energy Transmission, Inc., the Supply Header Project developer, to Berkshire Hathaway Energy Company and Dominion Energy Transmission, Inc. changed its name to Eastern Gas Transmission and Storage, Inc.

2.  Both plans were submitted in response to Commission staff's October 27, 2020 Data Request.

3.  Atlantic Coast Pipeline, LLC & Dominion Energy Transmission, Inc. 161 FERC ¶ 61,042 (2017) (Certificate Order), reh'g denied, 164 FERC ¶ 61,100 (2018).

4.  18 CFR (Code of Federal Regulations) 157.9.

5.  18 CFR 385.102(d).

6.  18 CFR 385.214.

7.  18 CFR 157.10.

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

9.  18 CFR 385.214(c)(1).

10.  18 CFR 385.214(b)(3) and (d).