2024-21029. Transcontinental Gas Pipe Line Company, LLC; Notice of Application and Establishing Intervention Deadline

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Department of Energy

Federal Energy Regulatory Commission

1. [Docket No. CP21-94-004]

Take notice that on September 6, 2024, Transcontinental Gas Pipe Line Company, LLC (Transco), 2800 Post Oak Boulevard, Houston, Texas 77056-6106, filed an application under section 7(c)(1)(B) of the Natural Gas Act (NGA),^[1] and part 157 of the Commission's regulations ^[2] requesting that the Commission issue a temporary certificate of public convenience and necessity for its Regional Energy Access Expansion (Project) in order to continue to operate the Project facilities until the Commission responds to the July 30, 2024 decision of the U.S. Court of Appeals for the District of Columbia Circuit in New Jersey Conservation Foundation v. FERC,^[3] which vacated and remanded the Commission's order granting a certificate of public convenience and necessity for the Project,^[4] all as more fully set forth in the application which is 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://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].

Any questions regarding the request should be directed Stephen Hatridge, Vice President & Assistant General Counsel, Transcontinental Gas Pipe Line Company, LLC, Post Office Box 1396, Houston, Texas 77251-1396, by telephone at [phone], or by email at [e-mail].

Public Participation

There are three ways to become involved in the Commission's review of this request: you can file comments on the request, you can protest the filing, 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 October 1, 2024. How to file protests, motions to intervene, and comments is explained below.

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].

Comments

Any person wishing to comment on the request may do so. Comments may include statements of support or objections, to the request as a whole or specific aspects of the request. The more specific your comments, the more useful they will be.

Protests

Pursuant to sections 157.10(a)(4) ^[5] and 385.211 ^[6] of the Commission's regulations under the NGA, any person ^[7] may file a protest to the application. Protests must comply with the requirements specified in section 385.2001 ^[8] of the Commission's regulations. A protest may also serve as a motion to intervene so long as the protestor states it also seeks to be an intervenor.

To ensure that your comments or protests are timely and properly recorded, please submit your comments on or before October 1, 2024.

There are three methods you can use to submit your comments or protests to the Commission. In all instances, please reference the docket number CP21-94-004 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 the request;

(2) You may file your comments or protests 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 or protests by mailing them to the following address below. Your written comments must reference the docket number (CP21-94-004).

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

The Commission considers all comments received about the request 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. ( print page 76110)

Interventions

Any person, which includes individuals, organizations, businesses, municipalities, and other entities,^[9] 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 ^[10] and the regulations under the NGA ^[11] by the intervention deadline for the request, which is October 1, 2024. 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 request 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 docket number CP21-94-004 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 docket number CP21-94-004.

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

Protests and motions to intervene must be served on the applicant either by mail at: Stephen Hatridge, Vice President & Assistant General Counsel, Transcontinental Gas Pipe Line Company, LLC, Post Office Box 1396, Houston, Texas 77251-1396 or by email at [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 ^[12] motions to intervene are automatically granted by operation of Rule 214(c)(1).^[13] 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.^[14] 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 request 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 Deadline: 5:00 p.m. Eastern Time on October 1, 2024.

Dated: September 10, 2024.

Debbie-Anne A. Reese,

Acting Secretary.

Footnotes

1.  15 U.S.C. 717f(c)(1)(B).

2.  18 CFR part 157.

3.  111 F.4th 42 (D.C. Cir. 2024).

4.   Transcontinental Gas Pipe Line Company, LLC, 182 FERC ¶ 61,006 (2023), reh'g denied, 182 FERC ¶ 61,148 (2023), vacated and remanded, 111 F.4th 42.

5.  18 CFR 57.10(a)(4).

6.  18 CFR 385.211.

7.  Persons include individuals, organizations, businesses, municipalities, and other entities. 18 CFR 385.102(d).

8.  18 CFR 385.2001.

9.  18 CFR 385.102(d).

10.  18 CFR 385.214.

11.  18 CFR 157.10.

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

13.  18 CFR 385.214(c)(1).

14.  18 CFR 385.214(b)(3) and (d).