MIGC LLC; Notice of Request for Extension of Time

Download PDF
Federal RegisterSep 12, 2023
88 Fed. Reg. 62564 (Sep. 12, 2023)

Take notice that on August 28, 2023, MIGC LLC (MIGC) requested that the Federal Energy Regulatory Commission (Commission) grant an extension of time (2023 Extension of Time Request), until September 10, 2024, to abandon certain compressor facilities and associated mainline capacity at its Python Compressor Station located in Converse County, Wyoming, in the Prior Notice Request for Authorization Under Blanket Certificate (Prior Notice) under Docket No. CP22–480–000. The Prior Notice requested authorization to abandon certain compressor facilities and associated mainline capacity at its Python Compressor Station located in Converse County, Wyoming. On July 11, 2022, the Commission issued a Notice of Request Under Blanket Authorization, which established a 60-day comment period, ending on September 9, 2022, to file protests. No protests were filed during the comment period, and accordingly the project was authorized on September 10, 2022 and by Rule should have been completed within one year.

In its 2023 Extension of Time Request, MIGC states that it is determining whether retention of all or a portion of the facilities and associated capacity authorized for abandonment may be necessary to meet changing market demands. MIGC explains that a recent shift in market conditions was unanticipated and presents an extenuating circumstance that may require the continued use of MIGC's compressor facilities at its Python Compressor Station. Although, MIGC stated in the Prior Notice request that local production of natural gas in the area that MIGC operates in Wyoming has been steadily declining over the past ten years, recent market conditions suggest that retaining the capacity associated with the Python Compressor Station may be the most efficient way to serve changing market needs while providing the least amount of environmental impact.

This notice establishes a 15-calendar day intervention and comment period deadline. Any person wishing to comment on MIGC'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 Natural Gas Act facilities when such requests are contested before order issuance. For those extension requests that are contested, the Commission will aim to issue an order acting on the request within 45 days. The Commission will address all arguments relating to whether the applicant has demonstrated there is good cause to grant the extension. 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. 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. The OEP Director, or his or her designee, will act on all of those extension requests that are uncontested.

Contested proceedings are those where an intervenor disputes any material issue of the filing. 18 CFR 385.2201(c)(1) (2019).

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

Id. at P 40.

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.

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

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 Commission's Public Reference Room. For assistance, contact FERC at FERCOnlineSupport@ferc.gov or call toll-free, (886) 208–3676 or TYY, (202) 502–8659.

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: 5:00 p.m. Eastern Time on, September 21, 2023.

Dated: September 6, 2023.

Kimberly D. Bose,

Secretary.

[FR Doc. 2023–19651 Filed 9–11–23; 8:45 am]

BILLING CODE 6717–01–P