[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Notices]
[Pages 71548-71549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 (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 the Commission's Public 
Reference Room. For assistance, contact FERC at 
[email protected] 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 http://www.ferc.gov. 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 [email protected].
    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