Notice2023-09728
Corpus Christi Liquefaction, LLC; CCL Midscale 8-9, LLC; and Cheniere Marketing, LLC; Application for Long-Term Authorization To Export Liquefied Natural Gas to Non-Free Trade Agreement Nations
Primary source
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Published
May 8, 2023
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 Corpus Christi Liquefaction, LLC, CCL Midscale 8-9, LLC, and Cheniere Marketing, LLC (collectively, Applicants) on April 6, 2023. The Applicants request long-term, multi- contract authorization to export domestically produced liquefied natural gas (LNG) in a volume equivalent to approximately 170 billion cubic feet (Bcf) of natural gas per year (Bcf/yr) from the proposed Corpus Christi Liquefaction Midscale Trains 8 & 9 Project (Project), to be located at and adjacent to the existing Corpus Christi LNG terminal (CCL Terminal) in San Patricio and Nueces Counties, Texas. The Applicants filed the Application under the Natural Gas Act (NGA).
Full Text
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<title>Federal Register, Volume 88 Issue 88 (Monday, May 8, 2023)</title>
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[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Notices]
[Pages 29662-29664]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09728]
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DEPARTMENT OF ENERGY
[Docket No. 23-46-LNG]
Corpus Christi Liquefaction, LLC; CCL Midscale 8-9, LLC; and
Cheniere Marketing, 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 Corpus Christi Liquefaction, LLC,
CCL Midscale 8-9, LLC, and Cheniere Marketing, LLC (collectively,
Applicants) on April 6, 2023. The Applicants request long-term, multi-
contract authorization to export domestically produced liquefied
natural gas (LNG) in a volume equivalent to approximately 170 billion
cubic feet (Bcf) of natural gas per year (Bcf/yr) from the proposed
Corpus Christi Liquefaction Midscale Trains 8 & 9 Project (Project), to
be located at and adjacent to the existing Corpus Christi LNG terminal
(CCL Terminal) in San Patricio and Nueces Counties, Texas. The
Applicants 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 7, 2023.
ADDRESSES:
Electronic Filing by email: <a href="/cdn-cgi/l/email-protection#89efecfbeee8fac9e1f8a7ede6eca7eee6ff"><span class="__cf_email__" data-cfemail="204645524741536048510e444f450e474f56">[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#7319161d1d1a1516015d04121716331b025d171c165d141c05"><span class="__cf_email__" data-cfemail="9cf6f9f2f2f5faf9eeb2ebfdf8f9dcf4edb2f8f3f9b2fbf3ea">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#3a4a5f4853144f56485f437a524b145e555f145d554c"><span class="__cf_email__" data-cfemail="93e3f6e1fabde6ffe1f6ead3fbe2bdf7fcf6bdf4fce5">[email protected]</span></a>.
[[Page 29663]]
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#8cefedffffede2e8feeda2eee9fee2fff8e9e5e2cce4fda2e8e3e9a2ebe3fa"><span class="__cf_email__" data-cfemail="c4a7a5b7b7a5aaa0b6a5eaa6a1b6aab7b0a1adaa84acb5eaa0aba1eaa3abb2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Applicants state that the proposed
Project will include two midscale LNG trains (Trains 8 and 9) and
supporting infrastructure, which will be interconnected and operated,
on an integrated basis, with the existing LNG storage tanks, control
buildings, marine facilities, and other ancillary facilities at the CCL
Terminal.\1\ The Applicants seek to export LNG by ocean-going carrier
from the proposed Project in a volume equivalent to approximately 170
Bcf/yr of natural gas (approximately 0.47 Bcf per day) 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.\2\ DOE will review the Applicants' request for an export
authorization to FTA countries separately pursuant to NGA section
3(c).\3\
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\1\ The Applicants state that the Liquefaction Project at the
CCL Terminal is currently operational, and an expansion of the
Liquefaction Project, called the Stage 3 Project, is under
construction.
\2\ 15 U.S.C. 717b(a).
\3\ 15 U.S.C. 717b(c).
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The Applicants seek this authorization on their own behalf and as
agent for other parties that may hold title to the LNG at the time of
export. The Applicants request the authorization for a term commencing
on the date of first commercial export from the Project and extending
through December 31, 2050.
Additional details can be found in the Application, posted on the
DOE website at: <a href="http://www.energy.gov/sites/default/files/2023-04/Corpus%20Christi%20Liquefaction%20LLC%20et%20al.%20DOE%20Application.pdf">www.energy.gov/sites/default/files/2023-04/Corpus%20Christi%20Liquefaction%20LLC%20et%20al.%20DOE%20Application.pdf</a>
.
DOE Evaluation
In reviewing the Application, 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),\4\ and
DOE's response to public comments received on that Study.\5\
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\4\ See NERA Economic Consulting, Macroeconomic Outcomes of
Market Determined Levels of U.S. LNG Exports (June 7, 2018),
<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>.
\5\ 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); \6\
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\6\ The Addendum and related documents are available at
<a href="http://www.energy.gov/fecm/addendum-environmental-review-documents-concerning-exports-natural-gas-united-states">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); \7\ and
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\7\ The 2014 Life Cycle Greenhouse Gas Report is available at
<a href="http://www.energy.gov/fecm/life-cycle-greenhouse-gas-perspective-exporting-liquefied-natural-gas-united-states">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.\8\
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\8\ 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 this proceeding evaluating
the Application 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 this 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#4c2a293e2b2d3f0c243d62282329622b233a"><span class="__cf_email__" data-cfemail="b7d1d2c5d0d6c4f7dfc699d3d8d299d0d8c1">[email protected]</span></a>. All filings must
include a reference to ``Docket No. 23-46-LNG'' or ``Corpus Christi
Liquefaction, LLC et al. Application'' 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 Application and any filed protests, motions to intervene,
notices of intervention, 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.
[[Page 29664]]
Signed in Washington, DC, on May 2, 2023.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement. Office of
Resource Sustainability.
[FR Doc. 2023-09728 Filed 5-5-23; 8:45 am]
BILLING CODE 6450-01-P
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