Notice2023-22887
Driftwood LNG LLC, Driftwood Pipeline 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
October 17, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 88 Issue 199 (Tuesday, October 17, 2023)</title>
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[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Notices]
[Pages 71548-71549]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22887]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. CP17-117-001; CP17-118-001]
Driftwood LNG LLC, Driftwood Pipeline LLC; Notice of Request for
Extension of Time
Take notice that on October 4, 2023, Driftwood LNG LLC (Driftwood
LNG) and Driftwood Pipeline LLC (Driftwood Pipeline) (collectively,
Driftwood) requested that the Federal Energy Regulatory Commission
(Commission) grant an extension of time (2023 Extension of Time
Request) of an additional 36 months to construct and operate facilities
for liquefaction and export of natural gas in Calcasieu Parish,
Louisiana (LNG Terminal and Pipeline Project, respectively) authorized
by the Commission in Docket Nos. CP17-117-000 and CP17-118-000.\1\ On
April 18, 2019, the Commission issued an Order Granting Authorization
Under Sections 3 and 7 of the Natural Gas Act, which stipulated
Driftwood fully construct and make available facilities for service
within seven years of the date of the Order.
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\1\ Driftwood LNG LLC & Driftwood Pipeline LLC, 167 FERC ]
61,054 (2019) (Order).
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In its 2023 Extension of Time Request, Driftwood states, despite
significant progress with construction of the Project, it has
encountered unforeseen circumstances in recent years that are
preventing it from meeting the Commission's in-service deadline for the
liquefied natural gas (LNG) Terminal and associated Pipeline Project.
Driftwood cites the global upheaval stemming from the COVID-19 pandemic
caused cascading market and logistical impacts on workforce, safety,
supply chain, and investment in infrastructure projects; \2\ these
circumstances caused unforeseeable difficulties for LNG project
development and made securing long-term LNG commercial commitments
difficult over the last several years. Driftwood requests that the
Commission grant a 36-month extension of time so that it has the
required time to: (i) receive its long lead manufactured equipment,
which cannot be manufactured and delivered to the site in time to meet
the current deadline; (ii) install the equipment and construct the
remaining facilities; and (iii) continue to attract and secure
customers and financing.
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\2\ Driftwood points to a legal challenge to its U.S. Army Corps
of Engineers permit that created difficulties with respect to
Driftwood's ability to secure final commercial and financial
commitments for the Project. However, the U.S. Court of Appeals for
the Fifth Circuit recently issued a decision denying the petition
for review filed by Healthy Gulf and the Sierra Club. Healthy Gulf
v. U.S. Army Corps of Eng'rs, 2023 WL 5742541 (5th Cir. Sept. 6,
2023).
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This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on Driftwood'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 (NGA) (18 CFR 157.10).
As a matter of practice, the Commission itself generally acts on
requests for extensions of time to complete construction for NGA
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) (2022).
\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 the Commission's Public
Reference Room. For assistance, contact FERC at
<a href="/cdn-cgi/l/email-protection#f9bfbcabbab6979590979caa8c8989968b8db99f9c8b9ad79e968f"><span class="__cf_email__" data-cfemail="692f2c3b2a26070500070c3a1c1919061b1d290f0c1b0a470e061f">[email protected]</span></a> or call toll-free, (886) 208-3676 or TTY,
(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.
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
[[Page 71549]]
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 (202)502-6595 or <a href="/cdn-cgi/l/email-protection#d09f808090b6b5a2b3feb7bfa6"><span class="__cf_email__" data-cfemail="9fd0cfcfdff9faedfcb1f8f0e9">[email protected]</span></a>.
Comment Date: 5:00 p.m. Eastern Time on, October 26, 2023.
Dated: October 11, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-22887 Filed 10-16-23; 8:45 am]
BILLING CODE 6717-01-P
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