2021-26279. Rio Grande LNG, LLC; Notice of Application for Limited Amendment and Establishing Intervention Deadline

Take notice that on November 17, 2021, Rio Grande LNG, LLC (RGLNG), 1000 Louisiana Street, 39th Floor, Houston, TX 77002, filed an application under section 3(a) of the Natural Gas Act (NGA) requesting to amend its November 22, 2019 Authorization Order ^[1] to incorporate carbon capture and sequestration systems into the approved site and design of the RGLNG Terminal.^[2] RGLNG states that construction and operation of the carbon capture and sequestration systems will enable it to capture and sequester at least 90% of the carbon dioxide (CO2) produced at the RGLNG Terminal. Once captured, RGLNG would transport the CO2, via pipeline, to an underground geologic formation permitted by the Environmental Protection Agency and relevant Texas State agencies under its underground injection control Class VI permitting program for geologic sequestration.

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://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, 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 the Federal Energy Regulatory Commission at [e-mail] or call toll-free, [phone] or TYY, [phone].

Any questions regarding the proposed project should be directed to Ivan Van der Walt, Chief Operating Officer, Rio Grande LNG, LLC, 1000 Louisiana Street, 39th Floor, Houston, TX 77002, 832-356-3015, [e-mail] ; or

David L. Wochner, K&L Gates LLP, 1601 K Street, NW, Washington, DC, 20006, 202-778-9000, [e-mail].

Pursuant to Section 157.9 of the Commission's Rules of Practice and Procedure,^[3] within 90 days of this Notice the Commission staff will either: Complete its environmental review and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or environmental assessment (EA) for this proposal. The filing of an EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.

Public Participation

There are two ways to become involved in the Commission's review of this project: You can file comments on the project, and you can file a motion to intervene in the proceeding. There is no fee or cost for filing comments or intervening. The deadline for filing a motion to intervene is 5:00 p.m. Eastern Time on December 20, 2021.

Comments

Any person wishing to comment on the project may do so. Comments may include statements of support or objections to the project as a whole or specific aspects of the project. The more specific your comments, the more useful they will be. To ensure that your comments are timely and properly recorded, please submit your comments on or before December 20, 2021.

There are three methods you can use to submit your comments to the Commission. In all instances, please reference the Project docket number CP22-17-000 in your submission.

(1) You may file your comments electronically by using the eComment feature, which is located on the Commission's website at www.ferc.gov under the link to Documents and Filings. Using eComment is an easy method for interested persons to submit brief, text-only comments on a project;

(2) You may file your comments electronically by using the eFiling feature, which is located on the Commission's website ( www.ferc.gov ) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” You will be asked to select the type of filing you are making; first select “General” and then select “Comment on a Filing”; or

(3) You can file a paper copy of your comments by mailing them to the following address below . Your written comments must reference the Project docket number (CP22-17-000).

To mail via USPS, use the following address:

Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

To mail via any other courier, use the following address:

Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.

The Commission encourages electronic filing of comments (options 1 and 2 above) and has eFiling staff available to assist you at [phone] or [e-mail].

Persons who comment on the environmental review of this project will be placed on the Commission's environmental mailing list, and will receive notification when the environmental documents (EA or EIS) are issued for this project and will be notified of meetings associated with the Commission's environmental review process.

The Commission considers all comments received about the project in determining the appropriate action to be taken. However, the filing of a comment alone will not serve to make the filer a party to the proceeding. To become a party, you must intervene in the proceeding. For instructions on how to intervene, see below.

Interventions

Any person, which includes individuals, organizations, businesses, municipalities, and other entities,^[4] has the option to file a motion to intervene in this proceeding. Only intervenors have the right to request rehearing of Commission orders issued in this proceeding and to subsequently challenge the Commission's orders in the U.S. Circuit Courts of Appeal.

To intervene, you must submit a motion to intervene to the Commission in accordance with Rule 214 of the Commission's Rules of Practice and Procedure ^[5] and the regulations under the NGA ^[6] by the intervention deadline for the project, which is December 20, 2021. As described further in Rule 214, your motion to intervene must state, to the extent known, your position regarding the proceeding, as well as the your interest in the proceeding. [For an individual, this could include your status as a landowner, ratepayer, resident of an impacted community, or recreationist. You do not need to have property directly impacted by the project in order to intervene.] For more information about motions to intervene, refer to the FERC website at https://www.ferc.gov/​resources/​guides/​how-to/​intervene.asp.

There are two ways to submit your motion to intervene. In both instances, please reference the Project docket number CP22-17-000 in your submission.

(1) You may file your motion to intervene by using the Commission's eFiling feature, which is located on the Commission's website ( www.ferc.gov ) under the link to Documents and Filings. New eFiling users must first create an account by clicking on “eRegister.” You will be asked to select the type of filing you are making; first select “General” and then select “Intervention.” The eFiling feature includes a document-less intervention option; for more information, visit https://www.ferc.gov/​docs-filing/​efiling/​document-less-intervention.pdf.;​; or

(2) You can file a paper copy of your motion to intervene, along with three copies, by mailing the documents to the address below. Your motion to intervene must reference the Project docket number CP22-17-000.

To mail via USPS, use the following address:

Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

To mail via any other courier, use the following address:

Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.

The Commission encourages electronic filing of motions to intervene (option 1 above) and has eFiling staff available to assist you at [phone] or [e-mail].

Motions to intervene must be served on the applicant either by mail or email at: 1000 Louisiana Street, 39th Floor, Houston, TX 77002 or at [e-mail]. Any subsequent submissions by an intervenor must be served on the applicant and all other parties to the proceeding. Contact information for parties can be downloaded from the service list at the eService link on FERC Online. Service can be via email with a link to the document.

All timely, unopposed ^[7] motions to intervene are automatically granted by operation of Rule 214(c)(1).^[8] Motions to intervene that are filed after the intervention deadline are untimely and may be denied. Any late-filed motion to intervene must show good cause for being late and must explain why the time limitation should be waived and provide justification by reference to factors set forth in Rule 214(d) of the Commission's Rules and Regulations.^[9] A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies (paper or electronic) of all documents filed by the applicant and by all other parties.

Tracking the Proceeding

Throughout the proceeding, additional information about the project will be available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC website at www.ferc.gov using the “eLibrary” link as described above. The eLibrary link also provides access to the texts of all formal documents issued by the Commission, such as orders, notices, and rulemakings.

In addition, the Commission offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. For more information and to register, go to www.ferc.gov/​docs-filing/​esubscription.asp.

Intervention Deadline: 5:00 p.m. Eastern Time on December 20, 2021.

Dated: November 29, 2021.

Kimberly D. Bose,

Secretary.

Footnotes

1.   Rio Grande LNG, LLC, 169 FERC ¶ 61,131 (2019), order on reh'g, 170 FERC ¶ 61,046 (2020).

2.  The RGLNG terminal site (approximately 1,000 acres) is located on the north embankment of the Brownsville Ship Channel in Cameron County, Texas and, once constructed, will consist primarily of five natural gas liquefaction trains, four full-containment LNG storage tanks, two LNG carrier loading berths, one 1,500-foot-diameter turning basin, LNG truck loading and unloading facilities, two Natural Gas Liquids (NGL) truck loading bays, and other support structures such as administrative buildings, a central control building, and communication systems.

3.  18 CFR (Code of Federal Regulations) 157.9.

4.  18 CFR 385.102(d).

5.  18 CFR 385.214.

6.  18 CFR 157.10.

7.  The applicant has 15 days from the submittal of a motion to intervene to file a written objection to the intervention.

8.  18 CFR 385.214(c)(1).

9.  18 CFR 385.214(b)(3) and (d).