[Federal Register Volume 89, Number 162 (Wednesday, August 21, 2024)]
[Notices]
[Pages 67632-67633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18728]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-455-001]


Freeport LNG Development, L.P., FLNG Liquefaction, LLC, FLNG 
Liquefaction 2, LLC, and FLNG Liquefaction 3, LLC; Notice of Request 
for Extension of Time

    Take notice that on August 8, 2024, Freeport LNG Development, L.P., 
FLNG Liquefaction, LLC, FLNG Liquefaction 2, LLC, and FLNG Liquefaction 
3, LLC (together, Freeport LNG) requested that the Commission grant an 
extension of time, until March 21, 2025, to construct and place into 
service its Noble Gas Project (Project) located in Brazoria County, 
Texas as authorized in the Order Granting Authorization Under Section 3 
of the Natural Gas Act issued on June 21, 2021 (Order).\1\ The Order 
required Freeport LNG to complete construction of the Project and make 
it available for service within three years of the date of the Order, 
or by June 21, 2024.
---------------------------------------------------------------------------

    \1\ Freeport LNG Development, L.P., FLNG Liquefaction, LLC, FLNG 
Liquefaction 2, LLC & FLNG Liquefaction 3, LLC, 175 FERC ] 61,237 
(2021).
---------------------------------------------------------------------------

    Freeport LNG states that the only jurisdictional construction 
activity of the Project that remains to be completed is the ongoing 
Phase 3 firewater work. Freeport LNG explains that it has not been able 
to complete and place the Project in-service by the deadline due to 
third-party delays with the non-jurisdictional Helium Plant, which is 
being constructed by Linde Global

[[Page 67633]]

Helium (Linde) and is outside of Freeport LNG's control.\2\ Freeport 
LNG reiterates that its final work on the jurisdictional facilities 
cannot be completed until the Helium Plant is ready to receive the 
boil-off gas from Freeport LNG. Therefore, Freeport LNG requests a 
nine-month extension of time to construct and place its Project in-
service by no later than March 21, 2025.
---------------------------------------------------------------------------

    \2\ Freeport LNG states that Linde's progress has been affected 
by the market availability of certain equipment, having to make 
engineering changes based on newly received data, and Hurricane 
Beryl. Additionally, Linde has indicated that it anticipates placing 
the non-jurisdictional facilities in-service by the end of 2024.
---------------------------------------------------------------------------

    This notice establishes a 15-calendar day intervention and comment 
period deadline. Any person wishing to comment on Freeport 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 
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 (NEPA).\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 Director of the Office of Energy 
Projects, or his or her designee, will act on all of those extension 
requests that are uncontested.
---------------------------------------------------------------------------

    \3\ Contested proceedings are those where an intervenor disputes 
any material issue of the filing. 18 CFR 385.2201(c)(1).
    \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).
---------------------------------------------------------------------------

    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 August 30, 2024.

    Dated: August 15, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-18728 Filed 8-20-24; 8:45 am]
BILLING CODE 6717-01-P