Notice2022-13193
Lake Charles LNG Export Company, LLC; Application To Amend Export Term Through December 31, 2050, for Existing Non-Free Trade Agreement Authorizations
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Published
June 21, 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 May 24, 2022, by Lake Charles LNG Export Company, LLC (Lake Charles LNG Export). Lake Charles LNG Export seeks to amend the export term set forth in its current authorizations to export liquefied natural gas (LNG) to non-free trade agreement countries, DOE/FE Order Nos. 3868 and 4010 (both as amended), to a term ending on December 31, 2050. Lake Charles LNG Export 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 118 (Tuesday, June 21, 2022)</title>
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[Federal Register Volume 87, Number 118 (Tuesday, June 21, 2022)]
[Notices]
[Pages 36838-36839]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13193]
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DEPARTMENT OF ENERGY
[Docket Nos. 13-04-LNG and 16-109-LNG]
Lake Charles LNG Export Company, LLC; Application To Amend Export
Term Through December 31, 2050, for Existing Non-Free Trade Agreement
Authorizations
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 May 24, 2022, by Lake Charles LNG Export Company, LLC (Lake
Charles LNG Export). Lake Charles LNG Export seeks to amend the export
term set forth in its current authorizations to export liquefied
natural gas (LNG) to non-free trade agreement countries, DOE/FE Order
Nos. 3868 and 4010 (both as amended), to a term ending on December 31,
2050. Lake Charles LNG Export 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, July 6, 2022.
ADDRESSES:
Electronic Filing by email: <a href="/cdn-cgi/l/email-protection#e5838097828496a58d94cb818a80cb828a93"><span class="__cf_email__" data-cfemail="0a6c6f786d6b794a627b246e656f246d657c">[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#1379767d7d7a7576613d64727776537b623d777c763d747c65"><span class="__cf_email__" data-cfemail="f399969d9d9a959681dd84929796b39b82dd979c96dd949c85">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#a8d8cddac186ddc4dacdd1e8c0d986ccc7cd86cfc7de"><span class="__cf_email__" data-cfemail="51213423387f243d2334281139207f353e347f363e27">[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#1c7f7d6f6f7d72786e7d327e796e726f687975725c746d32787379327b736a"><span class="__cf_email__" data-cfemail="1e7d7f6d6d7f707a6c7f307c7b6c706d6a7b77705e766f307a717b30797168">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Lake Charles LNG Export is authorized to
export domestically produced LNG by vessel from the Lake Charles
Terminal, located in Lake Charles, Louisiana, 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 NGA section 3(a),\1\ under the following orders and their
amendments:
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\1\ 15 U.S.C. 717b(a).
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<bullet> DOE/FE Order No. 3868 (Docket No. 13-04-LNG), in a volume
equivalent to 730 billion cubic per year (Bcf/yr) of natural gas.\2\
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\2\ Lake Charles LNG Export Co., LLC, DOE/FE Order No. 3868,
Docket No. 13-04-LNG, Opinion and Order Granting Long-Term, Multi-
Contract Authorization to Export Liquefied Natural Gas by Vessel
From the Lake Charles Terminal in Calcasieu Parish, Louisiana, to
Non-Free Trade Agreement Nations (July 29, 2016), amended by Order
No. 3868-A (Oct. 6, 2020) (amending the commencement of operations
deadline).
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<bullet> In DOE/FE Order No. 4010 (Docket No. 16-109-LNG), in a
volume equivalent to 121 Bcf/yr of natural gas.\3\
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\3\ Lake Charles LNG Export Co., LLC, DOE/FE Order No. 4010,
Docket No. 16-109-LNG, Opinion and Order Granting Long-Term, Multi-
Contract Authorization to Export Liquefied Natural Gas by Vessel
From the Lake Charles Terminal in Lake Charles, Louisiana, to Free
Trade and Non-Free Trade Agreement Nations (June 29, 2017), amended
by Order No. 4010-A (Oct. 6, 2020) (amending the commencement of
operations deadline). The portion of this order authorizing Lake
Charles LNG Export to export LNG to FTA countries is not subject to
this Notice. See 15 U.S.C. 717b(c).
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In the Application,\4\ Lake Charles LNG Export asks DOE to extend
the 20-year export term set forth in both Order No. 3868 and the non-
FTA portion of Order No. 4010 to a term ending on December 31, 2050, as
provided in the Policy Statement.\5\ Additional details can be found in
the Application, posted on the DOE website at: <a href="http://www.energy.gov/sites/default/files/2022-06/Lake%20Charles%20LNG%20Export%20Company%20LLC%20DOE%20Application%20Re%202050.pdf">www.energy.gov/sites/default/files/2022-06/Lake%20Charles%20LNG%20Export%20Company%20LLC%20DOE%20Application%20Re%202050.pdf</a>.
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\4\ Lake Charles LNG Export Co., LLC, Application to Amend
Export Term for Existing Long-Term Authorizations Through December
31, 2050, Docket Nos. 13-04-LNG and 16-109-LNG (May 24, 2022). Lake
Charles LNG Export's request regarding its FTA authorization, Order
No. 3252 (Docket No. 13-04-LNG), is not subject to this notice. See
15 U.S.C. 717b(c).
\5\ 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.\6\ 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.\7\ 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.'' \8\
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\6\ See id., 85 FR 52247.
\7\ See id., 85 FR 52247.
\8\ Id., 85 FR 52247.
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Accordingly, in reviewing Lake Charles LNG Export'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),\9\ DOE's
[[Page 36839]]
response to public comments received on that Study,\10\ and the
following environmental documents:
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\9\ 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>.
\10\ 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); \11\
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\11\ 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); \12\ and
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\12\ 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.\13\
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\13\ 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 Lake Charles LNG Export's long-
term non-FTA applications. 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, including the service requirements.
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 Nos. 13-04-LNG and 16-09-LNG'' or
``Lake Charles LNG Export Company, 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="http://www.energy.gov/fecm/regulation">www.energy.gov/fecm/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 June 14, 2022.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of
Resource Sustainability.
[FR Doc. 2022-13193 Filed 6-17-22; 8:45 am]
BILLING CODE 6450-01-P
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