[Federal Register Volume 87, Number 74 (Monday, April 18, 2022)]
[Notices]
[Page 22876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 (http://www.ferc.gov) 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 
[email protected] 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 
http://www.ferc.gov. 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