Notice2022-27389
Port Arthur LNG, LLC; Request for Extension for Long-Term Authorization To Export Liquefied Natural Gas
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Published
December 19, 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 a request (Request), filed by Port Arthur LNG, LLC (PALNG) on November 18, 2022, and supplemented on November 22, 2022. PALNG requests an amendment to its existing authorization to export domestically produced liquefied natural gas (LNG) to non-free trade agreement countries set forth in DOE/FE Order No. 4372 (as amended)--specifically, an extension to commence its commercial export operations. PALNG filed its request under the Natural Gas Act (NGA). Protests, motions to intervene, notices of intervention, and written comments are invited.
Full Text
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<title>Federal Register, Volume 87 Issue 242 (Monday, December 19, 2022)</title>
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[Federal Register Volume 87, Number 242 (Monday, December 19, 2022)]
[Notices]
[Pages 77585-77587]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27389]
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DEPARTMENT OF ENERGY
[Docket No. 15-96-LNG]
Port Arthur LNG, LLC; Request for Extension for Long-Term
Authorization To Export Liquefied Natural Gas
AGENCY: Office of Fossil Energy and Carbon Management, Department of
Energy.
ACTION: Notice of request.
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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 a request (Request), filed by
Port Arthur LNG, LLC (PALNG) on November 18, 2022, and supplemented on
November 22, 2022. PALNG requests an amendment to its existing
authorization to export domestically produced liquefied natural gas
(LNG) to non-free trade agreement countries set forth in DOE/FE Order
No. 4372 (as amended)--specifically, an extension to commence its
commercial export operations. PALNG filed its request under the Natural
Gas Act (NGA). Protests, motions to intervene, notices of intervention,
and written comments 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, January 3, 2023.
ADDRESSES:
Electronic Filing by email: <a href="/cdn-cgi/l/email-protection#0a6c6f786d6b794a627b246e656f246d657c"><span class="__cf_email__" data-cfemail="cfa9aabda8aebc8fa7bee1aba0aae1a8a0b9">[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
[[Page 77586]]
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#274d4249494e4142550950464342674f560943484209404851"><span class="__cf_email__" data-cfemail="3d57585353545b584f134a5c59587d554c13595258135a524b">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#61110413084f140d1304182109104f050e044f060e17"><span class="__cf_email__" data-cfemail="8efeebfce7a0fbe2fcebf7cee6ffa0eae1eba0e9e1f8">[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#ed8e8c9e9e8c83899f8cc38f889f839e99888483ad859cc3898288c38a829b"><span class="__cf_email__" data-cfemail="7615170505171812041758141304180502131f18361e075812191358111900">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On May 2, 2019, in DOE/FE Order No. 4372 (as
amended),\1\ DOE authorized PALNG to export domestically produced LNG
by vessel from the proposed Liquefaction Project to be located in Port
Arthur, 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).\2\ PALNG is authorized to
export LNG to non-FTA countries in a volume equivalent to 698 billion
cubic feet per year (Bcf/yr) of natural gas for a term extending
through December 31, 2050.\3\
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\1\ Port Arthur LNG, LLC, DOE/FE Order No. 4372, Docket No. 15-
96-LNG, Opinion and Order Granting Long-Term Authorization to Export
Liquefied Natural Gas to Non-Free Trade Agreement Nations (May 2,
2019), as amended Order No. 4372-A (Oct. 28, 2020) (extending export
term).
\2\ 15 U.S.C. 717b(a).
\3\ See Port Arthur LNG, LLC, DOE/FE Order No. 4372, as amended
in Order No. 4372-A (Ordering Para. A).
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As relevant here, Order No. 4372 requires PALNG to ``commence
export operations using the planned liquefaction facilities no later
than seven years from the date of issuance of this Order''--i.e., by
May 2, 2026.\4\ In the Request, PALNG asks DOE to extend this
commencement deadline to June 18, 2028, ``such that the term of [the
non-FTA] authorization would begin on the earlier of the date of first
commercial export or June 18, 2028.'' \5\
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\4\ Port Arthur LNG, LLC, DOE/FE Order No. 4372, at 72 (Ordering
Para. D).
\5\ Port Arthur LNG, LLC, Request for Extensions for Long-Term
Authorizations to Export Liquefied Natural Gas, Docket Nos. 15-53-
LNG, et al., at 4 (Nov. 18, 2022) [hereinafter Request]. The Request
also applies to PALNG's existing FTA orders in Docket Nos. 15-53-LNG
and 18-162-LNG, but DOE will address that portion of the Request
separately pursuant to NGA section 3(c), 15 U.S.C. 717b(c).
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In support of this Request, PALNG states that, on October 13, 2022,
the Federal Energy Regulatory Commission (FERC) issued an order
granting PALNG's request for an extension of time until June 18, 2028,
to complete construction of the Liquefaction Project and to make it
available for service (FERC Extension Order).\6\ PALNG states that its
extension request would make its commencement deadline in Order No.
4372 (as amended) consistent with the June 18, 2028 deadline approved
in the FERC Extension Order. PALNG also identifies the actions it has
taken to date to develop the Liquefaction Project. According to PALNG,
granting the requested extension of time will enable PALNG to complete
the necessary arrangements to commence construction and place the
Liquefaction Project into service.\7\ Additional details can be found
in the Request, posted on the DOE website at: <a href="http://www.energy.gov/fecm/port-arthur-lng-llc-fe-dktno-15-96-lng">www.energy.gov/fecm/port-arthur-lng-llc-fe-dktno-15-96-lng</a>.
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\6\ Port Arthur LNG, LLC, 181 FERC ] 61,024 (2022).
\7\ Request at 6.
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DOE Evaluation
In reviewing PALNG'S Request, DOE will consider any issues required
by law or policy under NGA section 3(a). 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),\8\ DOE's
response to public comments received on that Study,\9\ and the
following environmental documents:
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\8\ See NERA Economic Consulting, Macroeconomic Outcomes of
Market Determined Levels of U.S. LNG Exports (June 7, 2018), <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>.
\9\ 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), <a href="https://www.govinfo.gov/content/pkg/FR-2018-12-28/pdf/2018-28238.pdf">https://www.govinfo.gov/content/pkg/FR-2018-12-28/pdf/2018-28238.pdf</a>.
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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); \10\
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\10\ The Addendum and related documents are available at <a href="https://www.energy.gov/fecm/addendum-environmental-review-documents-concerning-exports-natural-gas-united-states">https://www.energy.gov/fecm/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); \11\ and
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\11\ The 2014 Life Cycle Greenhouse Gas Report is available at
<a href="https://www.energy.gov/fecm/life-cycle-greenhouse-gas-perspective-exporting-liquefied-natural-gas-united-states">https://www.energy.gov/fecm/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.\12\
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\12\ 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 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 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 Request. 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 PALNG's prior non-FTA applications in Docket
No. 15-96-LNG. 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 portion of the
proceeding evaluating PALNG's Request must file a motion to intervene
or notice of intervention. The filing of comments or a protest with
respect to the Request 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 Request. 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.
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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. 15-96-LNG'' or ``Port Arthur LNG, LLC
Request for 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.
The Request 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 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 Opinion
and 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.
Signed in Washington, DC, on December 13, 2022.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of
Resource Sustainability.
[FR Doc. 2022-27389 Filed 12-16-22; 8:45 am]
BILLING CODE 6450-01-P
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