[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Pages 48422-48423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 (http://www.ferc.gov). 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 
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at 
[email protected].
    The Commission strongly encourages electronic filings of comments 
in lieu of paper using the ``eFile'' link at http://www.ferc.gov. 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 [email protected].
    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