With respect to orders issued pursuant to 15 U.S.C. § 717b or 15 U.S.C. § 717f(c) authorizing the construction of new natural gas transportation, export, or import facilities, no authorization to proceed with construction activities will be issued:

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(a) Until the time for the filing of a request for rehearing under 15 U.S.C. § 717r(a) has expired with no such request being filed, or

(b) If a timely request for rehearing raising issues reflecting opposition to project construction, operation, or need is filed, until:

(1) The request is no longer pending before the Commission;

(2) The record of the proceeding is filed with the court of appeals; or

(3) 90 days has passed after the date that the request for rehearing may be deemed to have been denied under 15 U.S.C. § 717r(a).

[Order 871, 85 FR 40115, July 6, 2020, as amended by Order 871-B, 86 FR 26160, May 13, 2021]