Notice2022-08237
Rio Grande LNG, LLC; Notice of Request for Extension of Time
Primary source
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Published
April 18, 2022
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 87 Issue 74 (Monday, April 18, 2022)</title>
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[Federal Register Volume 87, Number 74 (Monday, April 18, 2022)]
[Notices]
[Page 22876]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08237]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. CP16-454-000; CP16-454-001]
Rio Grande LNG, LLC; Notice of Request for Extension of Time
Take notice that on April 6, 2022, Rio Grande LNG, LLC (RGLNG),
requested that the Federal Energy Regulatory Commission (Commission)
grant an extension of time, until November 22, 2028, to complete
construction of the Rio Grande LNG Terminal (RGLNG Terminal) and make
it available for service as authorized in the November 22, 2019 Order
Granting Authorizations Under Sections 3 and 7 of the Natural Gas Act
(Order).\1\
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\1\ Rio Grande LNG, LLC, 169 FERC ] 61,131 (2019), order on
reh'g, 170 FERC ] 61,046 (2020).
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The RGLNG Terminal, located on the northern embankment of the
Brownsville Ship Channel in Cameron County, Texas, would consist of
five natural gas liquefaction trains, and be capable of exporting up to
approximately 27 million metric tons per annum year of liquefied
natural gas (LNG).\2\ On November 17, 2021, RGLNG filed an application
with Commission under Section 3 of the NGA to amend its November 22,
2019 authorization to incorporate carbon capture and sequestration
(CCS) systems into the design of the RGLNG Terminal.\3\ This amendment
application is still pending with the Commission. The Order required
RGLNG to complete construction of the RGLNG Terminal and make it
available for service within seven years of the date of the Order, or
by November 22, 2026.
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\2\ The November 22 Order also approved a request by Rio Bravo
Pipeline Company, LLC (Rio Bravo), under section 7 of the NGA (CP16-
455-000), to construct and operate a new pipeline system (Rio Bravo
Pipeline Project) comprised of two parallel 42-inch-diameter natural
gas pipelines approximately 135.5 miles long, three 180,000
horsepower (hp) compressor stations, an approximately 2.4-mile-long
pipeline header system, and appurtenant facilities to transport
natural gas to the RGLNG Terminal for processing, liquefaction, and
export. Id.
\3\ Rio Grande LNG, LLC, Application of Rio Grande LNG, LLC for
Limited Amendment to NGA Section 3 Authorization, Docket No. CP22-
17-000.
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RGLNG states that despite its diligent efforts to place the RGLNG
Terminal into service by the Order deadline, RGLNG was impacted by
unforeseeable developments in the global LNG market as a result of the
COVID-19 pandemic, including major disruptions in world energy markets.
As a result, RGLNG has been unable to enter into long-term contracts
with customers sufficient to enable it to reach a final investment
decision (FID), as well as other logistical challenges. Therefore,
RGLNG requests that the Commission extend the Order's deadline for
construction and operation by two years until November 22, 2028 so that
it can continue to pursue long term contracts with certainty and
without fear of interruption.
This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on the Applicant'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,\4\ the
Commission will aim to issue an order acting on the request within 45
days.\5\ The Commission will address all arguments relating to whether
the applicant has demonstrated there is good cause to grant the
extension.\6\ 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.\7\
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.\8\ The OEP Director, or
his or her designee, will act on all of those extension requests that
are uncontested.
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\4\ Contested proceedings are those where an intervenor disputes
any material issue of the filing. 18 CFR 385.2201(c)(1) (2019).
\5\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40
(2020).
\6\ Id. at P 40.
\7\ 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.
\8\ 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#175152455458797b7e797244626767786563577172657439707861"><span class="__cf_email__" data-cfemail="d69093849599b8babfb8b385a3a6a6b9a4a296b0b3a4b5f8b1b9a0">[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 ``eFile'' link at
<a href="http://www.ferc.gov">http://www.ferc.gov</a>. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
Comment Date: 5:00 p.m. Eastern Time on April 27, 2022.
Dated: April 12, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-08237 Filed 4-15-22; 8:45 am]
BILLING CODE 6717-01-P
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