Regulatory Updates

The FERC is the lead permitting agency responsible for the siting and construction of onshore and near shore LNG import and export LNG facilities. The FERC implements all of the National Environmental Policy Act (NEPA) requirements and its requirements address every aspect of LNG construction and operations including engineering and design, operational safety and delivery, location and geographic risk, etc.

Each proposed LNG project must submit to the FERC a pre-filing followed by a full submittal of it plans before any permit for the construction of an LNG facility can be approved.

 

Formal FERC Filing

On March 31 2016, Texas LNG announced that it has filed an application with the U.S. Federal Energy Regulatory Commission seeking authorization to site, construct, and operate the proposed Texas LNG two-phase 4 million metric tonnes per annum (“MTA”) LNG export facility in Brownsville, Texas.  Texas LNG's FERC application was assigned filing docket number CP16-116-000.

Subsequently, FERC issued is Formal Notice of Application. This notice can be downloaded from the FERC website by clicking here (note: this is a word document)

At the time of filing, Texas LNG joined a select group of eight LNG export projects currently engaged in the formal FERC filing process, of which only three others are greenfield projects similar to Texas LNG. Out of eleven distinct U.S. LNG export projects under construction or in the formal FERC process, ten projects were significantly larger size than Texas LNG’s 2 MTA first phase. Texas LNG continues to believe that smaller independent projects that promise low cost, low technical risks, and offer transparent, flexible tolling terms will be best placed in the current global LNG marketplace. 

Texas LNG's FERC application can be downloaded from the FERC website by clicking here.

On May 20 2016, Texas LNG responded to Public Comments and Motions to intervene and protests. This document can be downloaded from the FERC website by clicking here.

During 2016 and 2017, Texas LNG responded to a number of FERC information requests.  The January 2017 response can be downloaded by clicking here. The April 2017 response can be downloaded by clicking here. Responses related to SpaceX can be downloaded by clicking here.  Additional responses can be downloaded from the FERC eLibrary.

FERC Resource Reports

Texas LNG has submitted its FERC application Resource Reports on March 31 2016.  These reports can be accessed from the FERC website (links below)

Resource Report 1: General Project Description 

Resource Report 2: Water Use and Quality

Resource Report 3: Fish, Wildlife, and Vegetation

Resource Report 4: Cultural Resources 

Resource Report 5: Socioeconomics 

Resource Report 6:Geological Resources

Resource Report 7: Soils 

Resource Report 8: Land Use, Recreation, and Aesthetics

Resource Report 9: Air and Noise Quality

Resource Report 10: Alternatives 

Resource Report 11: Reliability and Safety (Appendix 1, Appendix 2)

Resource Report 12: PCB Contamination 

Resource Report 13: Engineering and Design Material / Liquefaction (Appendix)

FERC Pre-filing Process

For the FERC Pre-Filing process, Texas LNG was assigned U.S. Federal Energy Regulatory Commission ("FERC") docket number PF15-14.

FERC Monthly Progress Reports

Texas LNG Monthly Progress reports are filed with FERC.  May 2015 report can be viewed here.  June 2015 report can be viewed here. July 2015 report can be viewed here. August 2015 report can be viewed here. September 2015 report can be viewed here. October 2015 report can be viewed hereNovember 2015 report can be viewed hereDecember 2015 report can be viewed here

2016 Monthly Reports can be downloaded by clicking links: January 2016, February 2016, March 2016, April 2016. After commencement of Formal Application Phase, mothly reports were no longer required to be submitted.

FERC Process Milestones 

On March 9 2015, Texas LNG initiated the FERC pre-Filing process, kicking off the regulatory review for the proposed liquefied natural gas (“LNG”) export facility in Brownsville.  Texas LNG has been assigned Docket No. PF15-14 and Texas LNG’s pre-filing request can be viewed on FERC's Website by clicking here.

On April 14 2015, Texas LNG received approval from the FERC to commence the pre-filing process.  Texas LNG Docket No. PF15-14 has been confirmed, and approval letter can be viewed by clicking here

On July 23 2015, Texas LNG received notice from the FERC Notice of Intent to Prepare an Environmental Impact Statement for the Planned Texas LNG Project. This Notice can be downloaded from the FERC site by clicking here 

In March 2016, Texas LNG completed its pre-Filing process, and received Formal Notice of Application by FERC. 

In November 2016, Texas LNG submitted an Air Dispersion Analysis and Air Quality Impact Analysis to FERC.  Please click here to download the corresponding zip files containing the  modeling input/output data. (120 MB).

In March 2017, Texas LNG responded to FERC comments related to Air Dispersion Modeling and Air Quality Analysis. Please click here to download the corresponding zip files. (80 MB).  

In July 2017, Texas LNG responded to FERC engineering information request dated June 23, 2017. Certain files could not be downloaded onto the FERC eLibrary.  Please click here to download the corresponding zip files.

In August 2017, Texas LNG responded to engineering information request dated August 2, 2017. The response to Question 4 included a data set of data set of Brownsville meteorological balloon sounding wind files. Please click here to download the zip file.

In August 2017, Texas LNG responded to comments related to Air Dispersion Modeling and Air Quality Analysis. The air modeling files can be downloaded by clicking here.

 

FERC has issued a booklet,  "A Guide to LNG - What All Citizens Should Know" that explains the regulatory process and safety aspects of LNG. The booklet may be downloaded here:

        "A Guide to LNG - What All Citizens Should Know" published by FERC

 

 

DOE

On June 11 2014, Texas LNG LLC received authorization from the U.S. Department of Energy (DOE) to export domestically produced LNG to all existing, and any future, countries that have, or enter into, a Free Trade Agreement (FTA) with the US. Under the DOE's order, Texas LNG has received authority to export on its own behalf and as agent for others, up to the equivalent of approximately 2 million tonnes per annum (MTA) of domestically produced LNG.  The authorization is for a term of 25 years, commencing on date of first export or 10 years from the date the authorization is issued.  The DOE authorization order can be download from clicking the icon below  clicking the icon below

 

On September 24 2015, Texas LNG Brownsville LLC (the Project company) received authorization from the U.S. Department of Energy (DOE) to export domestically produced LNG to all existing, and any future, countries that have, or enter into, a Free Trade Agreement (FTA) with the US. Under the DOE's order, Texas LNG has received authority to export on its own behalf and as agent for others, up to the equivalent of approximately 4 million tonnes per annum (MTA) of domestically produced LNG.  The authorization is for a term of 25 years, commencing on date of first export or 10 years from the date the authorization is issued.  The DOE authorization order can be download from

 

Texas LNG Brownsville LLC has also submitted is DOE application to export up to 4 MTA of LNG to non-FTA countries. 

 

 

There is rigorous regulatory control over the LNG industry in the US.  The four primary federal agencies that have specific regulatory enforcement roles are the US Department of Energy (DOE), the Federal Energy Regulatory Commission (FERC), the US Department of Transportation (DOT) and the US Coast Guard (USCG).