Notice2022-10168
New Fortress Energy Louisiana FLNG LLC; Application for Long-Term Authorization To Export Liquefied Natural Gas to Non-Free Trade Agreement Nations
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Published
May 12, 2022
Issuing agencies
Energy Department
Abstract
The Office of Fossil Energy and Carbon Management (FECM) of the Department of Energy (DOE) gives notice (Notice) of receipt of an application (Application), filed by New Fortress Energy Louisiana FLNG LLC (New Fortress Energy) on March 30, 2022, and supplemented on April 22, 2022. New Fortress Energy requests long-term, multi-contract authorization to export domestically produced liquefied natural gas (LNG) in a volume equivalent to 145 billion cubic feet per year (Bcf/ yr) of natural gas from its proposed deepwater port export terminal project, the New Fortress Energy Louisiana FLNG Project (Project), to be located off the southeast coast of Grand Isle, Louisiana. New Fortress Energy filed the Application under the Natural Gas Act (NGA).
Full Text
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<title>Federal Register, Volume 87 Issue 92 (Thursday, May 12, 2022)</title>
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[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Notices]
[Pages 29151-29152]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10168]
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DEPARTMENT OF ENERGY
[Docket No. 22-39-LNG]
New Fortress Energy Louisiana FLNG LLC; Application for Long-Term
Authorization To Export Liquefied Natural Gas to Non-Free Trade
Agreement Nations
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) of
the Department of Energy (DOE) gives notice (Notice) of receipt of an
application (Application), filed by New Fortress Energy Louisiana FLNG
LLC (New Fortress Energy) on March 30, 2022, and supplemented on April
22, 2022. New Fortress Energy requests long-term, multi-contract
authorization to export domestically produced liquefied natural gas
(LNG) in a volume equivalent to 145 billion cubic feet per year (Bcf/
yr) of natural gas from its proposed deepwater port export terminal
project, the New Fortress Energy Louisiana FLNG Project (Project), to
be located off the southeast coast of Grand Isle, Louisiana. New
Fortress Energy filed the Application under the Natural Gas Act (NGA).
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, July 11, 2022.
ADDRESSES:
Electronic Filing by email: <a href="/cdn-cgi/l/email-protection#7e181b0c191f0d3e160f501a111b50191108"><span class="__cf_email__" data-cfemail="4b2d2e392c2a380b233a652f242e652c243d">[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#b1dbd4dfdfd8d7d4c39fc6d0d5d4f1d9c09fd5ded49fd6dec7"><span class="__cf_email__" data-cfemail="a3c9c6cdcdcac5c6d18dd4c2c7c6e3cbd28dc7ccc68dc4ccd5">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#f28297809bdc879e80978bb29a83dc969d97dc959d84"><span class="__cf_email__" data-cfemail="28584d5a41065d445a4d51684059064c474d064f475e">[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#b4d7d5c7c7d5dad0c6d59ad6d1c6dac7c0d1dddaf4dcc59ad0dbd19ad3dbc2"><span class="__cf_email__" data-cfemail="1271736161737c7660733c7077607c6166777b7c527a633c767d773c757d64">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: New Fortress Energy requests authorization
to export domestically produced LNG from its proposed Project to be
located in West Delta Block 38 off the southeast coast of Grand Isle,
Louisiana. New Fortress Energy seeks to export this LNG in a volume
equivalent to 145 Bcf/yr of natural gas (equivalent to approximately
2.8 million metric tons per annum) on a non-additive basis to: (i) Any
nation with which the United States has entered into a free trade
agreement (FTA) requiring national treatment for trade in natural gas
(FTA nations), and (ii) any other nation with which trade is not
prohibited by U.S. law or policy (non-FTA nations). This Notice applies
only to the portion of the Application requesting authority to export
LNG to non-FTA countries pursuant to section 3(a) of the NGA.\1\ DOE
will review New Fortress Energy's request for a FTA export
authorization separately pursuant to NGA section 3(c).\2\
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\1\ 15 U.S.C. 717b(a).
\2\ 15 U.S.C. 717b(c).
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New Fortress Energy seeks to export this LNG on its own behalf and
as agent for other entities that hold title to the LNG at the point of
export. New Fortress Energy requests the authorization for a term to
commence on the date of first export following the commencement of
commercial operation of the Project, and to extend through December 31,
2050.
New Fortress Energy states that the Project will be a deepwater
port under the Deepwater Port Act of 1974, as amended (DWPA). New
Fortress Energy states that it is concurrently filing an
[[Page 29152]]
application for a license to construct, own, and operate the Project
pursuant to the DWPA, in accordance with the United States Coast
Guard's and the Maritime Administration's implementing regulations.
Additional details can be found in New Fortress Energy's
Application and supplement, posted on the DOE website at:
<a href="https://www.energy.gov/sites/default/files/2022-04/22-39-LNG.pdf">https://www.energy.gov/sites/default/files/2022-04/22-39-LNG.pdf</a>.
<a href="https://www.energy.gov/sites/default/files/2022-04/NFE%20Supplemental%20Transmittal.pdf">https://www.energy.gov/sites/default/files/2022-04/NFE%20Supplemental%20Transmittal.pdf</a>.
DOE Evaluation
In reviewing the Application, as supplemented, DOE will consider
any issues required by law or policy. DOE will consider domestic need
for the natural gas, as well as any other issues determined to be
appropriate, including whether the arrangement is consistent with DOE's
policy of promoting competition in the marketplace by allowing
commercial parties to freely negotiate their own trade arrangements. As
part of this analysis, DOE will consider the study entitled,
Macroeconomic Outcomes of Market Determined Levels of U.S. LNG Exports
(2018 LNG Export Study),\3\ and DOE's response to public comments
received on that Study.\4\
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\3\ See NERA Economic Consulting, Macroeconomic Outcomes of
Market Determined Levels of U.S. LNG Exports (June 7, 2018),
available at: <a href="http://www.energy.gov/sites/prod/files/2018/06/f52/Macroeconomic%20LNG%20Export%20Study%202018.pdf">www.energy.gov/sites/prod/files/2018/06/f52/Macroeconomic%20LNG%20Export%20Study%202018.pdf</a>.
\4\ 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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Additionally, DOE will consider the following environmental
documents:
<bullet> Addendum to Environmental Review Documents Concerning
Exports of Natural Gas From the United States, 79 FR 48132 (Aug. 15,
2014); \5\
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\5\ The Addendum and related documents are available at: <a href="https://energy.gov/fe/draft-addendum-environmental-review-documents-concerning-exports-natural-gas-united-states">https://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); \6\ and
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\6\ The 2014 Life Cycle Greenhouse Gas Report is available at:
<a href="https://energy.gov/fe/life-cycle-greenhouse-gas-perspective-exporting-liquefied-natural-gas-united-states">https://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's response to public comments received on
that study.\7\
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\7\ 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 this Application should address these
issues and documents in their comments and 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. Interested parties will be provided 60 days from the date
of publication of this Notice in which to submit comments, protests,
motions to intervene, or notices of intervention.
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, including the service requirements.
As noted, DOE is only accepting electronic submissions at this
time. Please email the filing to <a href="/cdn-cgi/l/email-protection#3e585b4c595f4d7e564f105a515b10595148"><span class="__cf_email__" data-cfemail="f6909384919785b69e87d8929993d8919980">[email protected]</span></a>. All filings must
include a reference to ``Docket No. 22-39-LNG'' or ``New Fortress
Energy Louisiana FLNG LLC'' 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, as supplemented, 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, as supplemented, and responses filed by parties pursuant
to this Notice, in accordance with 10 CFR 590.316.
Signed in Washington, DC, on May 6, 2022.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of
Resource Sustainability.
[FR Doc. 2022-10168 Filed 5-11-22; 8:45 am]
BILLING CODE 6450-01-P
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