FERC-539 EE (GC signed)

FEDERAL ENERGY REGULATORY COMMISSION
WASHINGTON, D. C. 20426

OFFICE OF THE GENERAL COUNSEL

OCT 2 9 2019

Dominic Mancini
Acting Administrator
Office of Information and Regulatory Affairs
Office of Management and Budget
725 17th Street NW
Washington, D.C. 20503
Re: Emergency Extension of the FERC-539 Information Collection
Dear Mr. Mancini,
Under the Paperwork Reduction Act (PRA) and OMB's implementing regulations at
5 CFR1320.13, the Federal Energy Regulatory Commission (Commission or FERC) is
requesting a three-month extension for FERC-539 (Gas Pipeline Certificates: Import and
Export Related Applications, OMB Control No. 1902- 0062). The OMB expiration date is
October 31, 2019; we are requesting an extension to January 31, 2020. FERC is requesting
that OMB issue its decision on this extension request by October 30, 2019.
FERC-539 includes the filing requirements under 18 CFR Part 153: (a) to obtain
authorization under section 3 of the Natural Gas Act for the siting, construction, operation,
place of entry for imports or place of exit for exports; and (b) to apply for a Presidential
Permit, or an amendment to an existing Presidential Permit, for border facilities.
Continuation of the FERC-539 is essential to the mission of the Commission and to
the country. Without this information, public harm is reasonably likely to result. We are
requesting this emergency extension to ensure the critical information requirements in
FERC-539 remain valid during completion of the normal PRA renewal process that cannot
be completed before October 31, 2019, due to an unanticipated event.
The Commission has taken steps to consult with agencies and members of the public
by publishing a 60-day PRA Notice in Docket No. IC19-33 (84 FR 46005, September 3,
2019). This Notice solicits public comments on the three-year PRA renewal request for the
current FERC-539. Public comments are due November 4, 2019.
Section 3 of the Natural Gas Act (NGA) I , the Secretary of the Energy's Delegation
Order, and Executive Order Nos. 10485 and 12038, authorize the Commission to issue

15 U.S.C. 717-717w

Presidential Permits for natural gas facilities which cross an international border of the
United States. The Commission requires the FERC-539 information for statutory purposes.

The enclosure provides additional background on the Commission's responsibilities
and the FERC-539.
Please have your staff contact Ellen Brown (202-502-8663) or Jolinda Murray (202502-8342) if they need additional information.

Sincer

James'' . • y
General Counsel
Federal Energy Regulatory Commission

cc: Elke Hodson Marten, OMB
Christina Handley, FERC CIO

Enclosure

Enclosure
Background on the Commission's Responsibilities and FERC-539

Section 3 of the Natural Gas Act (NGA);2 Secretary of Energy, Department of Energy
(DOE) Delegation Order;3 and Executive Order Nos. 10485 and 12038, authorize the
Commission to issue Presidential Permits for natural gas facilities which cross an
international border of the United States. The natural gas companies file the necessary
information (in FERC-539) required by Section 3 of the NGA and the Commission's
implementing regulations at 18 CFR Part 153. The NGA, in part states, "....no person shall
export any natural gas from the United States to a foreign country or import any natural gas
from a foreign country without first having secured an order from the Commission
authorizing it to do so." (The DOE approves the importation or exportation of the natural
gas commodity.)
The 1992 amendments to Section 3 of the NGA concern importation or exportation
from/to a nation which has a free trade agreement with the United States and requires that
such importation or exportation:
(1) shall be deemed to be a "first sale" (i.e. not a sale for a resale)
(2) shall be deemed to be consistent with the public interest, and applications for such
importation or exportation shall be granted without modification or delay
The regulatory functions of Section 3 are shared by the Commission and the Secretary
of Energy, DOE. The Commission has the authority to approve or disapprove the
construction and operation of facilities, the site at which such facilities will be located, and,
with respect to natural gas that involves the construction of new domestic facilities, the place
of entry for imports or exit for exports.

FERC-539

The FERC-539 reporting requirements include: a detailed description of the proposal;
descriptions of the facilities utilized in the proposed export or import of natural gas; state,
foreign, or other Federal governmental licenses or permits for the construction, operation, or
modification of facilities in the United States, Canada, or Mexico; and the status of any state,
foreign, or other Federal regulatory proceedings; and statements demonstrating that the
proposal is in the public interest. If the proposal is to import or export Liquefied Natural Gas
15 U.S.C. 717-717w
See Secretary of DOE's current delegation of authority to the Commission relating to
import and export facilities. The delegated authority was renewed by the Secretary's
Delegation Order No. 00-004.00A, effective May 16, 2006.
2

3

(LNG), FERC-539 requires evidence that an appropriate and qualified concern will properly
and safely receive or deliver such LNG, including a report containing detailed engineering
and design information. For applicants proposing to construct, operate, maintain or connect
facilities at the borders of the United States and Canada or Mexico for importing or
exporting natural gas, a request for issuance of a Presidential Permit is also required.
Continuation of the FERC-539 reporting requirements is critical to the mission of the
Commission and to the country. Without this information and the Commission's ability to
analyze and decide on the application request, public harm is reasonably likely to result. We
are requesting this emergency extension to avoid public harm and to ensure the critical
reporting requirements in FERC-539 remain valid until completion of the normal PRA
renewal process, that cannot be completed before October 31, 2019.