Notice2021-14845
Delfin LNG LLC; Notice of Request for Extension of Time
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 13, 2021
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 86 Issue 131 (Tuesday, July 13, 2021)</title>
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[Federal Register Volume 86, Number 131 (Tuesday, July 13, 2021)]
[Notices]
[Pages 36741-36742]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14845]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. CP15-490-000, CP15-490-001, CP16-20-000]
Delfin LNG LLC; Notice of Request for Extension of Time
Take notice that on June 30, 2021, Delfin LNG LLC (Delfin)
requested that the Federal Energy Regulatory Commission (Commission)
grant an extension of time, until September 28, 2022, to construct and
place into service the facilities that were authorized in the original
certificate authorization issued on September 28, 2017 (Certificate
Order).\1\ The Certificate Order authorized certain ``onshore
facilities'' that would be used exclusively to transport natural gas to
Delfin's deepwater port ``offshore facilities'' (collectively, the
Project) in federal waters offshore Louisiana. The onshore facilities
would be used to meet the requirements of the customers of the offshore
facilities. The Certificate Order required Delfin to construct and
place the facilities in service by September 28, 2019.
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\1\ Delfin LNG LLC, 160 FERC ] 61,130 (2017).
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Delfin states that on June 21, 2019, it requested an extension of
time until March 28, 2023 to complete the construction of the onshore
facilities in conjunction with construction of the offshore facilities.
Delfin states that on July 8, 2019, the Commission's Office of
[[Page 36742]]
Energy Projects granted an extension of time until September 28, 2020
to construct the onshore facilities and make them available for
service.
On June 25, 2020, Delphin requested an extension of time until
September 28, 2021 to continue to construct the onshore facilities.
Delphin explains that it was continuing to work to develop the Project,
however, a variety of factors complicated the task of negotiating
offtake agreements with potential customers. Delfin states that on July
15, 2020, via delegated order, the Commission granted an extension of
time until September 28, 2021 to construct the onshore facilities and
make them available for service. (2020 Extension)
Delfin states that since the 2020 Extension, it has continued to
work to develop the Project. Additionally, Delfin asserts that economic
conditions are recovering from the global coronavirus pandemic, and the
spot and short-term market for the LNG have significantly improved.
Delfin views these developments as a precursor for an improved longer-
term market, which it asserts will support long-term LNG offtake
contract(s). Accordingly, applicants request an extension of time until
September 28, 2022 to complete construction of the onshore facilities
and place them into service.
This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on Delfin'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\
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\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).
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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 all of those extension requests that
are uncontested.
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\3\ Contested proceedings are those where an intervenor disputes
any material issue of the filing. 18 CFR 385.2201(c)(1) (2019).
\4\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40
(2020).
\5\ Id. at 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).
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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 (<a href="http://www.ferc.gov">http://www.ferc.gov</a>) 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, 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 FERC at
<a href="/cdn-cgi/l/email-protection#185e5d4a5b57767471767d4b6d6868776a6c587e7d6a7b367f776e"><span class="__cf_email__" data-cfemail="5e181b0c1d11303237303b0d2b2e2e312c2a1e383b2c3d70393128">[email protected]</span></a> 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 <a href="http://www.ferc.gov">http://www.ferc.gov</a>. 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, July 22, 2021.
Dated: July 7, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-14845 Filed 7-12-21; 8:45 am]
BILLING CODE 6717-01-P
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