SUPPLEMENTARY INFORMATION:

On February 10, 2020, in DOE/FE Order No. 4489, as amended,^[1] DOE's Office of Fossil Energy (now known as the Hydrocarbons and Geothermal Energy Office) ^[2] authorized Texas LNG to export domestically produced LNG by vessel from the proposed Texas LNG Brownsville LLC Liquefied Natural Gas Export Project (Project), to be located at the Port of Brownsville, Texas, to any country with which the United States has not entered into a free trade agreement (FTA) requiring national treatment for trade in natural gas, and with which trade is not prohibited by U.S. law or policy (non-FTA countries), pursuant to Natural Gas Act section 3(a).^[3] Texas LNG is authorized to export this LNG in a volume equivalent to 204.4 billion cubic feet (Bcf) per year (Bcf/yr) of natural gas for a term extending through December 31, 2050.^[4]

Under Order No. 4489, Texas LNG is required to “commence export operations using the planned Project no later than seven years from the date of issuance of this Order”— i.e., by February 10, 2027.^[5] In the Request, Texas LNG asks DOE to extend this export commencement deadline by five years, to February 10, 2032.^[6]

In support of this Request, Texas LNG states that, in the period since the issuance of Order No. 4489, Texas LNG has proceeded actively and diligently to develop the Project toward a positive final investment decision (FID).^[7] Texas LNG states, however, that those good faith efforts have been “substantially frustrated” by extenuating circumstances outside of Texas LNG's control, most significantly due to six years of sustained litigation and remand proceedings challenging Federal Energy Regulatory Commission's (FERC's) authorization to site, construct and operate the Project by a joint group of opponents.^[8] Texas LNG states that “[t]his uncertainty made it more difficult for Texas LNG to secure the long-term financing and commercial commitments necessary to reach FID and meet its current export commencement deadline.” ^[9]

Texas LNG adds that, on August 21, 2025, the FERC granted Texas LNG's request for an extension of its existing construction and in-service deadline for the Project until November 22, 2029.^[10] Texas LNG asserts that the requested commencement extension until February 10, 2032, will provide Texas LNG with additional time after FERC's current construction and in-service deadline to execute commercial commitments and begin exports.^[11]

Additionally, Texas LNG asks DOE to authorize an additional three-year make-up period at the end of its existing ( printed page 66323) export authorization term through December 31, 2050, consistent with recent DOE practice.^[12]

Additional details can be found in the Request, posted on the DOE website at www.energy.gov/​sites/​default/​files/​2026-09/​Texas%20LNG%20DOE%20EOT%20Request.pdf.

DOE Evaluation

In reviewing the Request, DOE will consider any issues required by law or policy under NGA section 3(a), DOE's regulations, and any other documents deemed appropriate.

Parties that may oppose the Request should address these issues and documents in their comments and/or protests, as well as other issues deemed relevant to the Request.

The National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., requires DOE to give appropriate consideration to the environmental effects of its proposed decisions. No final decision will be issued in this proceeding until DOE has met its NEPA responsibilities.

Public Comment Procedures

In response to this Notice, any person may file a protest, comments, or a motion to intervene or notice of intervention, as applicable, addressing the Request. Interested parties will be provided 30 days from the date of publication of this Notice in the Federal Register in which to submit comments, protests, motions to intervene, or notices of intervention. The public previously was given an opportunity to intervene in, protest, and comment on Texas LNG's long-term non-FTA application in this docket. Therefore, DOE will not consider comments or protests that do not bear directly on this Request.

Any person wishing to become a party to this proceeding evaluating Texas LNG's Request must file a motion to intervene or notice of intervention.^[13] The filing of comments or a protest with respect to the Request will not serve to make the commenter or protestant a party to this proceeding, although protests and comments received from persons who are not parties will be considered in determining the appropriate action to be taken on the Request. All protests, comments, motions to intervene, or notices of intervention must meet the requirements specified by DOE's regulations in 10 CFR part 590, including the service requirements.

Filings may be submitted using one of the following methods:

(1) Submitting the filing electronically at fergas@hq.doe.gov;

(2) Mailing the filing to the Office of Global Energy Security at the address listed in the ADDRESSES section; or

(3) Hand delivering the filing to the Office of Global Energy Security at the address listed in the ADDRESSES section.

For administrative efficiency, DOE prefers filings to be filed electronically. All filings must include a reference to “Docket No. 15-62-LNG” or “Texas LNG's Request for Extension” in the title line. Filings must be submitted in English to be considered.^[14]

For electronic submissions: Please include all related documents and attachments ( e.g., exhibits) in the original email correspondence. Please do not include any active hyperlinks or password protection in any of the documents or attachments related to the filing. All electronic filings submitted to DOE must follow these guidelines to ensure that all documents are filed in a timely manner.

The Request, and any filed protests, motions to intervene, notices of intervention, and comments will be available electronically on the DOE website at www.energy.gov/​hgeo/​regulation.

A decisional record on the Request will be developed through responses to this Notice by parties, including the parties' written comments and replies thereto. Additional procedures will be used as necessary to achieve a complete understanding of the facts and issues. If an additional procedure is scheduled, notice will be provided to all parties. If no party requests additional procedures, a final Order may be issued based on the official record, including the Request and responses filed by parties pursuant to this Notice, in accordance with 10 CFR 590.316.

91 FR 66322