Notice2024-12426
Texas LNG Brownsville 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
June 6, 2024
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 89 Issue 110 (Thursday, June 6, 2024)</title>
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[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Pages 48422-48423]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12426]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP16-116-004]
Texas LNG Brownsville LLC; Notice of Request for Extension of
Time
Take notice that on May 24, 2024, Texas LNG Brownsville LLC (Texas
LNG) requested that the Commission grant an extension of time, until
November 22, 2029, to construct and place into service its proposed
liquefied natural gas (LNG) terminal on the north side of the
Brownsville Ship Channel (Project) located in Cameron County, Texas as
authorized by the Commission in Docket No. CP16-116-000.\1\ The Order
required Texas LNG to complete construction of the Project and make it
available for service within five years of the date of the Order, or by
November 22, 2024.
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\1\ Texas LNG Brownsville LLC, 169 FERC ] 61,130 (2019) (Order).
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Texas LNG states that the Project has been delayed due to
extenuating circumstances outside of its control, specifically,
litigation challenging the Commission's underlying orders authorizing
the Project and other permits for the Project. Specifically, Texas LNG
states that on August 3, 2021, the D.C. Circuit remanded the
Commission's authorization and rehearing orders back to the Commission
to re-analyze the Project's impacts on environmental justice
communities and to reconsider its determination of public interest
under section 3 of the NGA.\2\ On April 21, 2023, the Commission issued
the Remand Order addressing the issues that the D.C. Circuit identified
and affirming that the Project ``is not inconsistent with the public
interest.\3\
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\2\ Vecinos, 6 F.4th at 1331-32.
\3\ Texas LNG Brownsville LLC, 183 FERC ] 61,047 (2023).
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Additionally, Texas LNG states that it was forced to defend a
challenge to the air permit issued by the Texas Commission on
Environmental Quality. After an extended litigation process, on July
21, 2023, the appeals court rendered a decision in Texas LNG's
favor.\4\ Texas LNG further affirms that it has worked diligently to
secure and defend all necessary Federal authorizations to begin
construction, in compliance with Environmental Condition No. 9 of the
Order \5\ and completing the Project's permitting efforts required for
a final investment decision.
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\4\ Tex. Comm'n on Envtl. Quality v. Vecinos Para El Bienestar
De La Comunidad Costera, No. 03-21-00395-CV (Tex. 3d Ct. of Appeals
July 21, 2023).
\5\ On January 25, 2024, Texas LNG obtained U.S. Army Corps of
Engineers section 10 and section 404 permits for the Project, as
well as approval from the Railroad Commission of Texas under the
Coastal Zone Management Act of 1972.
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Finally, Texas LNG asserts that it is making significant progress
on the commercialization of its Project. Therefore, Texas LNG requests
an extension of time until November 22, 2029, to complete the
construction of the Project and place the facilities into service.
This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on Texas LNG'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
[[Page 48423]]
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,\6\ the Commission will aim
to issue an order acting on the request within 45 days.\7\ The
Commission will address all arguments relating to whether the applicant
has demonstrated there is good cause to grant the extension.\8\ 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 (NEPA).\9\ 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.\10\ The Director of the Office of Energy
Projects, or his or her designee, will act on all of those extension
requests that are uncontested.
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\6\ Contested proceedings are those where an intervenor disputes
any material issue of the filing. 18 CFR 385.2201(c)(1).
\7\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40
(2020).
\8\ Id. at P 40.
\9\ 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.
\10\ 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>). From
the Commission's Home Page on the internet, this information is
available on eLibrary. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
number excluding the last three digits of this document in the docket
number field.
User assistance is available for eLibrary and the Commission's
website during normal business hours from FERC Online Support at (202)
502-6652 (toll free at 1-866-208-3676) or email at
<a href="/cdn-cgi/l/email-protection#4e282b3c2d21202227202b3d3b3e3e213c3a0e282b3c2d60292138"><span class="__cf_email__" data-cfemail="1a7c7f687975747673747f696f6a6a75686e5a7c7f6879347d756c">[email protected]</span></a>, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at
<a href="/cdn-cgi/l/email-protection#2e5e5b4c42474d005c4b484b5c4b404d4b5c4141436e484b5c4d00494158"><span class="__cf_email__" data-cfemail="6e1e1b0c02070d401c0b080b1c0b000d0b1c0101032e080b1c0d40090118">[email protected]</span></a>.
The Commission strongly encourages electronic filings of comments
in lieu of paper using the ``eFile'' link at <a href="http://www.ferc.gov">http://www.ferc.gov</a>. In
lieu of electronic filing, you may submit a paper copy which must
reference the Project docket number.
To file via USPS: Debbie-Anne A. Reese, Acting Secretary, Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426
To file via any other courier: Debbie-Anne A. Reese, Acting Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852
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 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#c08f909080a6a5b2a3eea7afb6"><span class="__cf_email__" data-cfemail="36796666765053445518515940">[email protected]</span></a>.
Comment Date: 5:00 p.m. Eastern Time on June 17, 2024.
Dated: May 31, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-12426 Filed 6-5-24; 8:45 am]
BILLING CODE 6717-01-P
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