[Federal Register Volume 87, Number 151 (Monday, August 8, 2022)]
[Notices]
[Pages 48174-48175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16933]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP17-20-000, CP17-21-000, CP18-7-000]


Port Arthur LNG, LLC, Port Arthur Pipeline, LLC; Notice of 
Request for Extension of Time

    Take notice that on July 28, 2022, Port Arthur LNG, LLC (PALNG) and 
Port Arthur Pipeline, LLC (PAPL), (together Port Arthur or the 
Applicants), requested that the Federal Energy Regulatory Commission 
(Commission) grant an extension of time until June 18, 2028, to 
complete construction and make the Liquefaction Project, the Louisiana 
Connector Project, and the Texas Connector Project available for 
service, as authorized in the April 18, 2019 Order Granting 
Authorizations Under Sections 3 and 7 of the Natural Gas Act 
(Authorization Order) \1\ and as amended in the October 15, 2020 (Order 
Amending Certificate) \2\
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    \1\ Port Arthur LNG, LLC, et. al. 167 FERC ] 61,052 (2019) 
(Authorization Order). The Authorization Order describes the various 
locations in Texas and Louisiana where the approved facilities are 
to be located.
    \2\ Port Arthur Pipeline, LLC, 173 FERC ] 61,073 (2020). The 
Order Amending Certificate amended the certificate for the Louisiana 
Connector Project in 2020 to allow PAPL to add three new 
interconnections and relocate the site of the approved compressor 
station and interconnection. Ordering Para. (H) provides that 
``[PAPL] shall complete construction of the proposed facilities and 
make them available for service within the timeframe conditioned in 
the [Authorization Order].''
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    The Applicants state that since the Authorization Order was issued 
in 2019, Port Arthur has worked diligently to develop the Liquefaction 
Project, Texas Connector Project, and Louisiana Connector Project. 
PALNG has obtained all federal, state, and local authorizations 
necessary for construction of the Liquefaction Project facilities, and 
has taken concrete steps toward construction of the Liquefaction 
Project. The applicants assert that PAPL is fully subscribed and 
entered into 20-year precedent agreements with PALNG for 100 percent of 
the capacity on both the Louisiana Connector and Texas Connector 
Projects.
    Mostly due to the unforeseeable impacts of the COVID-19 pandemic, 
the Applicants have encountered unanticipated circumstances that have 
prevented them from meeting the construction and in-service deadlines 
established in the Authorization Order. Port Arthur requests to extend 
the deadline to construct and place the project facilities in service 
and affirms

[[Page 48175]]

that no significant changes in circumstances exist that threaten the 
commercial viability of the projects.
    This notice establishes a 15-calendar day intervention and comment 
period deadline. Any person wishing to comment on FLNG'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,\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 (spell out) 
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 (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 August 17, 2022.

    Dated: August 2, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-16933 Filed 8-5-22; 8:45 am]
BILLING CODE 6717-01-P