Notice2023-19053
Lake Charles Exports, LLC; Application for Long-Term Authorization To Export Liquefied Natural Gas to Non-Free Trade Agreement Nations
Primary source
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Published
September 5, 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 Lake Charles Exports, LLC (LCE) on August 18, 2023, and supplemented on August 22, 2023. LCE requests long-term, multi-contract authorization to export domestically produced liquefied natural gas (LNG) in a volume equivalent to approximately 851 billion cubic feet (Bcf) of natural gas per year (Bcf/yr) from the proposed Lake Charles Terminal liquefaction facilities to be constructed in Lake Charles, Louisiana (Liquefaction Project). LCE filed the Application under the Natural Gas Act (NGA).
Full Text
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<title>Federal Register, Volume 88 Issue 170 (Tuesday, September 5, 2023)</title>
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[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Notices]
[Pages 60670-60672]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19053]
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DEPARTMENT OF ENERGY
[Docket No. 23-87-LNG]
Lake Charles Exports, 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 Lake Charles Exports, LLC (LCE) on
August 18, 2023, and supplemented on August 22, 2023. LCE requests
long-term, multi-contract authorization to export domestically produced
liquefied natural gas (LNG) in a volume equivalent to approximately 851
billion cubic feet (Bcf) of natural gas per year (Bcf/yr) from the
proposed Lake Charles Terminal liquefaction facilities to be
constructed in Lake Charles, Louisiana (Liquefaction Project). LCE
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 as detailed in the
Public Comment Procedures section no later than 4:30 p.m., Eastern
time, November 6, 2023.
ADDRESSES:
Electronic Filing by email (Strongly encouraged):
<a href="/cdn-cgi/l/email-protection#90f6f5e2f7f1e3d0f8e1bef4fff5bef7ffe6"><span class="__cf_email__" data-cfemail="1e787b6c797f6d5e766f307a717b30797168">[email protected]</span></a>.
Postal Mail, Hand Delivery, or Private Delivery Services (e.g.,
FedEx, UPS, etc.): U.S. Department of Energy (FE-34), Office of
Regulation, Analysis, and Engagement, Office of Fossil Energy and
Carbon Management, Forrestal Building, Room 3E-056, 1000 Independence
Avenue SW, Washington, DC 20585.
Due to potential delays in DOE's receipt and processing of mail
sent through the U.S. Postal Service, we encourage respondents to
submit filings electronically to ensure timely receipt.
FOR FURTHER INFORMATION CONTACT:
Jennifer Wade or Peri Ulrey, U.S. Department of Energy (FE-34) Office
[[Page 60671]]
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#e58f808b8b8c838097cb92848180a58d94cb818a80cb828a93"><span class="__cf_email__" data-cfemail="f9939c9797909f9c8bd78e989d9cb99188d79d969cd79e968f">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#aedecbdcc780dbc2dccbd7eec6df80cac1cb80c9c1d8"><span class="__cf_email__" data-cfemail="c9b9acbba0e7bca5bbacb089a1b8e7ada6ace7aea6bf">[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#5536342626343b3127347b3730273b2621303c3b153d247b313a307b323a23"><span class="__cf_email__" data-cfemail="bcdfddcfcfddd2d8cedd92ded9ced2cfc8d9d5d2fcd4cd92d8d3d992dbd3ca">[email protected]</span></a>
SUPPLEMENTARY INFORMATION: LCE requests authorization to export
domestically produced LNG by ocean-going vessel from the proposed
Liquefaction Project, to be constructed and located on an approximately
286-acre site adjacent to the existing Lake Charles LNG import
facilities in Lake Charles, Louisiana. LCE states that the proposed
Liquefaction Project will include three LNG trains and supporting
infrastructure, which will be interconnected and operated, on an
integrated basis, with existing major LNG import infrastructure at the
Lake Charles Terminal site, including four LNG storage tanks, two deep
water docks capable of handling large LNG vessels, LNG sendout
facilities, and other ancillary facilities. LCE seeks to export this
LNG from the Liquefaction Project in a volume equivalent to
approximately 851 Bcf/yr of natural gas (approximately 2.33 Bcf per
day) 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 nations), pursuant to section 3(a) of the NGA.\1\
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\1\ 15 U.S.C. 717b(a).
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In the Application, LCE states that it is already authorized in
DOE/FE Order No. 3324, and the non-FTA portion of Order No. 4011, both
as amended, to export the same combined volume of LNG from the proposed
Lake Charles Terminal liquefaction facilities to non-FTA countries. LCE
states, however, despite making substantial efforts, LCE will not be
able to commence export operations by December 16, 2025, as required
under its existing authorizations. Therefore, LCE states that it is
filing for a new export authorization for the same amount, 851 Bcf/year
of LNG, to be evaluated under current DOE/FECM policies and market
information, and with a condition to commence export operations seven
years from the date of issuance. LCE further asks that its existing
non-FTA authorizations in DOE/FE Order Nos. 3324 and 4011 be vacated
and replaced concurrently with the consolidated authorization.
LCE seeks this authorization on its own behalf and as agent for
other entities that hold title to the LNG at the point of export. LCE
requests the authorization for a term commencing on the date of first
export following the start of commercial operation from the
Liquefaction Project and extending through December 31, 2050.
Additional details can be found in the Application and supplement,
posted on the DOE website at:
<a href="https://www.energy.gov/sites/default/files/2023-08/23-87-LNG_Lake%20Charles%20Exports%20NFTA%20Application.pdf">https://www.energy.gov/sites/default/files/2023-08/23-87-LNG_Lake%20Charles%20Exports%20NFTA%20Application.pdf</a>.
<a href="https://www.energy.gov/sites/default/files/2023-08/FW_%20Lake%20Charles%20Exports%2C%20LLC%20-%20Clarification_Email.pdf">https://www.energy.gov/sites/default/files/2023-08/FW_%20Lake%20Charles%20Exports%2C%20LLC%20-%20Clarification_Email.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),\2\ and
DOE's response to public comments received on that Study.\3\
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\2\ 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>.
\3\ 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); \4\
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\4\ 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); \5\ and
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\5\ 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.\6\
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\6\ 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.
Filings may be submitted using one of the following methods:
(1) Submitting the filing electronically at <a href="/cdn-cgi/l/email-protection#fc9a998e9b9d8fbc948dd2989399d29b938a"><span class="__cf_email__" data-cfemail="07616275606674476f762963686229606871">[email protected]</span></a>;
(2) Mailing the filing to the Office of Regulation, Analysis, and
Engagement at the address listed in the ADDRESSES section; or
[[Page 60672]]
(3) Hand delivering the filing to the Office of Regulation,
Analysis, and Engagement at the address listed in the ADDRESSES
section.
For administrative efficiency, DOE prefers filings to be filed
electronically. All filings must include a reference to ``Docket No.
23-87-LNG'' or ``Lake Charles Exports, LLC Application'' in the title
line.
For electronic submissions: 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 Notice, and any filed protests, motions to intervene, notices
of intervention, and comments will be available electronically on the
DOE website at <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 August 29, 2023.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of
Resource Sustainability.
[FR Doc. 2023-19053 Filed 9-1-23; 8:45 am]
BILLING CODE 6450-01-P
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