Notice2022-04074
Mexico Pacific Limited LLC; Application To Amend Export Term Through December 31, 2050, for Existing Non-Free Trade Agreement Authorization
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Published
February 28, 2022
Issuing agencies
Energy Department
Abstract
The Office of Fossil Energy and Carbon Management (FECM) (formerly the Office of Fossil Energy) of the Department of Energy (DOE) gives notice (Notice) of receipt of an application (Application), filed on January 24, 2022, by Mexico Pacific Limited LLC (MPL). MPL seeks to amend the export term set forth in its current authorization, DOE/FE Order No. 4312, to a term ending on December 31, 2050. Under Order No. 4312, MPL is authorized to re-export U.S.-sourced natural gas in the form of liquefied natural gas (LNG) from the proposed MPL Facility to be located in Mexico to non-free trade agreement countries. MPL filed the Application under the Natural Gas Act (NGA) and DOE's policy statement entitled, "Extending Natural Gas Export Authorizations to Non-Free Trade Agreement Countries Through the Year 2050" (Policy Statement). Protests, motions to intervene, notices of intervention, and written comments on the requested term extension are invited.
Full Text
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<title>Federal Register, Volume 87 Issue 39 (Monday, February 28, 2022)</title>
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[Federal Register Volume 87, Number 39 (Monday, February 28, 2022)]
[Notices]
[Pages 11059-11060]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04074]
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DEPARTMENT OF ENERGY
[Docket No. 18-70-LNG]
Mexico Pacific Limited LLC; Application To Amend Export Term
Through December 31, 2050, for Existing Non-Free Trade Agreement
Authorization
AGENCY: Office of Fossil Energy and Carbon Management, Department of
Energy.
ACTION: Notice of application.
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SUMMARY: The Office of Fossil Energy and Carbon Management (FECM)
(formerly the Office of Fossil Energy) of the Department of Energy
(DOE) gives notice (Notice) of receipt of an application (Application),
filed on January 24, 2022, by Mexico Pacific Limited LLC (MPL). MPL
seeks to amend the export term set forth in its current authorization,
DOE/FE Order No. 4312, to a term ending on December 31, 2050. Under
Order No. 4312, MPL is authorized to re-export U.S.-sourced natural gas
in the form of liquefied natural gas (LNG) from the proposed MPL
Facility to be located in Mexico to non-free trade agreement countries.
MPL filed the Application under the Natural Gas Act (NGA) and DOE's
policy statement entitled, ``Extending Natural Gas Export
Authorizations to Non-Free Trade Agreement Countries Through the Year
2050'' (Policy Statement). Protests, motions to intervene, notices of
intervention, and written comments on the requested term extension are
invited.
DATES: Protests, motions to intervene, or notices of intervention, as
applicable, and written comments are to be filed electronically as
detailed in the Public Comment Procedures section no later than 4:30
p.m., Eastern time, March 15, 2022.
ADDRESSES:
Electronic Filing by email: <a href="/cdn-cgi/l/email-protection#1c7a796e7b7d6f5c746d32787379327b736a"><span class="__cf_email__" data-cfemail="c6a0a3b4a1a7b586aeb7e8a2a9a3e8a1a9b0">[email protected]</span></a>.
Although DOE has routinely accepted public comment submissions
through a variety of mechanisms, including postal mail and hand
delivery/courier, DOE has found it necessary to make temporary
modifications to the comment submission process in light of the ongoing
Covid-19 pandemic. DOE is currently accepting only electronic
submissions at this time. If a commenter finds that this change poses
an undue hardship, please contact Office of Resource Sustainability
staff at (202) 586-4749 or (202) 586-7893 to discuss the need for
alternative arrangements. Once the Covid-19 pandemic health emergency
is resolved, DOE anticipates resuming all of its regular options for
public comment submission, including postal mail and hand delivery/
courier.
FOR FURTHER INFORMATION CONTACT:
Jennifer Wade or Peri Ulrey, U.S. Department of Energy (FE-34), Office
of Regulation, Analysis, and Engagement, Office of Resource
Sustainability, Office of Fossil Energy and Carbon Management,
Forrestal Building, Room 3E-042, 1000 Independence Avenue SW,
Washington, DC 20585, (202) 586-4749 or (202) 586-7893,
<a href="/cdn-cgi/l/email-protection#dab0bfb4b4b3bcbfa8f4adbbbebf9ab2abf4beb5bff4bdb5ac"><span class="__cf_email__" data-cfemail="412b242f2f282724336f362025240129306f252e246f262e37">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#651500170c4b100917001c250d144b010a004b020a13"><span class="__cf_email__" data-cfemail="f9899c8b90d78c958b9c80b99188d79d969cd79e968f">[email protected]</span></a>.
Cassandra Bernstein, U.S. Department of Energy (GC-76), Office of the
Assistant General Counsel for Energy Delivery and Resilience, Forrestal
Building, Room 6D-033, 1000 Independence Avenue SW, Washington, DC
20585, (202) 586-9793, <a href="/cdn-cgi/l/email-protection#4e2d2f3d3d2f202a3c2f602c2b3c203d3a2b27200e263f602a212b60292138"><span class="__cf_email__" data-cfemail="6e0d0f1d1d0f000a1c0f400c0b1c001d1a0b07002e061f400a010b40090118">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On December 14, 2018, in Order No. 4312, DOE
authorized MPL to re-export U.S.-sourced natural gas in the form of LNG
in a volume equivalent to 621 billion cubic feet per year of natural
gas, pursuant to NGA section 3(a), 15 U.S.C. 717b(a).\1\ MPL is
authorized to re-export this LNG by vessel from the proposed MPL
Facility, to be located in the State of Sonora, Mexico, to any country
with which the United States has not entered into a free trade
agreement (FTA) requiring national treatment for trade in
[[Page 11060]]
natural gas, and with which trade is not prohibited by U.S. law or
policy (non-FTA countries) for a 20-year term. In the Application,\2\
MPL asks DOE to extend its current export term to a term ending on
December 31, 2050, as provided in the Policy Statement.\3\ Additional
details can be found in the Application, posted on the DOE website at:
<a href="https://www.energy.gov/sites/default/files/2022-01/2022.01.24%20MPL%20DOE%20Term%20Extension%20Application.pdf">https://www.energy.gov/sites/default/files/2022-01/2022.01.24%20MPL%20DOE%20Term%20Extension%20Application.pdf</a>.
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\1\ Mexico Pacific Limited LLC, DOE/FE Order No. 4312, Docket
No. 18-70-LNG, Opinion and Order Granting Long-Term, Multi-Contract
Authorization to Export U.S.-Sourced Natural Gas by Pipeline to
Mexico for Liquefaction and Re-export in the Form of Liquefied
Natural Gas to Non-Free Trade Agreement Nations (Dec. 14, 2018).
\2\ Mexico Pacific Limited LLC, Application to Amend Export Term
for Existing Long-Term Authorization Through December 31, 2050,
Docket No. 18-70-LNG (Jan. 24, 2022). MPL is currently authorized
under a separate order (DOE/FE Order No. 4248) to export
domestically produced natural gas to Mexico and to re-export the
natural gas in the form of LNG to FTA countries. MPL's request
regarding its FTA authorization is not subject to this Notice. See
15 U.S.C. 717b(c).
\3\ U.S. Dep't of Energy, Extending Natural Gas Export
Authorizations to Non-Free Trade Agreement Countries Through the
Year 2050; Notice of Final Policy Statement and Response to
Comments, 85 FR 52237 (Aug. 25, 2020) [hereinafter Policy
Statement].
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DOE Evaluation
In the Policy Statement, DOE adopted a term through December 31,
2050 (inclusive of any make-up period), as the standard export term for
long-term non-FTA authorizations.\4\ As the basis for its decision, DOE
considered its obligations under NGA section 3(a), the public comments
supporting and opposing the proposed Policy Statement, and a wide range
of information bearing on the public interest.\5\ DOE explained that,
upon receipt of an application under the Policy Statement, it would
conduct a public interest analysis of the application under NGA section
3(a). DOE further stated that ``the public interest analysis will be
limited to the application for the term extension--meaning an
intervenor or protestor may challenge the requested extension but not
the existing non-FTA order.'' \6\
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\4\ See id., 85 FR 52247.
\5\ See id., 85 FR 52247.
\6\ Id., 85 FR 52247.
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Accordingly, in reviewing MPL's Application, DOE will consider any
issues required by law or policy under NGA section 3(a), as informed by
the Policy Statement. To the extent appropriate, DOE will consider the
study entitled, Macroeconomic Outcomes of Market Determined Levels of
U.S. LNG Exports (2018 LNG Export Study),\7\ DOE's response to public
comments received on that Study,\8\ and the following environmental
documents:
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\7\ See NERA Economic Consulting, Macroeconomic Outcomes of
Market Determined Levels of U.S. LNG Exports (June 7, 2018),
available at: <a href="https://www.energy.gov/sites/prod/files/2018/06/f52/Macroeconomic%20LNG%20Export%20Study%202018.pdf">https://www.energy.gov/sites/prod/files/2018/06/f52/Macroeconomic%20LNG%20Export%20Study%202018.pdf</a>.
\8\ U.S. Dep't of Energy, Study on Macroeconomic Outcomes of LNG
Exports: Response to Comments Received on Study; Notice of Response
to Comments, 83 FR 67251 (Dec. 28, 2018).
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<bullet> Addendum to Environmental Review Documents Concerning
Exports of Natural Gas From the United States, 79 FR 48132 (Aug. 15,
2014); \9\
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\9\ The Addendum and related documents are available at: <a href="http://energy.gov/fe/draft-addendum-environmental-review-documents-concerning-exports-natural-gas-united-states">http://energy.gov/fe/draft-addendum-environmental-review-documents-concerning-exports-natural-gas-united-states</a>.
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<bullet> Life Cycle Greenhouse Gas Perspective on Exporting
Liquefied Natural Gas From the United States, 79 FR 32260 (June 4,
2014); \10\ and
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\10\ The 2014 Life Cycle Greenhouse Gas Report is available at:
<a href="http://energy.gov/fe/life-cycle-greenhouse-gas-perspective-exporting-liquefied-natural-gas-united-states">http://energy.gov/fe/life-cycle-greenhouse-gas-perspective-exporting-liquefied-natural-gas-united-states</a>.
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<bullet> Life Cycle Greenhouse Gas Perspective on Exporting
Liquefied Natural Gas From the United States: 2019 Update, 84 FR 49278
(Sept. 19, 2019), and DOE/FE's response to public comments received on
that study.\11\
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\11\ U.S. Dep't of Energy, Life Cycle Greenhouse Gas Perspective
on Exporting Liquefied Natural Gas From the United States: 2019
Update--Response to Comments, 85 FR 72 (Jan. 2, 2020). The 2019
Update and related documents are available at: <a href="https://fossil.energy.gov/app/docketindex/docket/index/21">https://fossil.energy.gov/app/docketindex/docket/index/21</a>.
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Parties that may oppose the Application should address these issues
and documents in their comments and/or protests, as well as other
issues deemed relevant to the Application.
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 environmental
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 Application. Interested parties will be
provided 15 days from the date of publication of this Notice 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 MPL's long-term non-FTA
application. Therefore, DOE will not consider comments or protests that
do not bear directly on the requested term extension.
Any person wishing to become a party to the proceeding must file a
motion to intervene or notice of intervention. The filing of comments
or a protest with respect to the Application will not serve to make the
commenter or protestant a party to the 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
Application. All protests, comments, motions to intervene, or notices
of intervention must meet the requirements specified by the regulations
in 10 CFR part 590.
As noted, DOE is only accepting electronic submissions at this
time. Please email the filing to <a href="http://fergas.hq.doe.gov">fergas.hq.doe.gov</a>. All filings must
include a reference to ``Docket No. 18-70-LNG'' or ``Mexico Pacific
Limited LLC Term Extension'' in the title line.
Please Note: 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. Any hardcopy filing submitted
greater in length than 50 pages must also include, at the time of the
filing, a digital copy on disk of the entire submission.
The Application and any filed protests, motions to intervene,
notices of interventions, and comments will also be available
electronically by going to the following DOE web address: <a href="https://www.energy.gov/fecm/division-natural-gas-regulation">https://www.energy.gov/fecm/division-natural-gas-regulation</a>.
A decisional record on the Application 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 Opinion
and Order may be issued based on the official record, including the
Application and responses filed by parties pursuant to this Notice, in
accordance with 10 CFR 590.316.
Signed in Washington, DC, on February 22, 2022.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of
Resource Sustainability.
[FR Doc. 2022-04074 Filed 2-25-22; 8:45 am]
BILLING CODE 6450-01-P
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