Notice2023-23411
Southern LNG Company, L.L.C.; Application for Long-Term Authorization To Export Liquefied Natural Gas to Non-Free Trade Agreement Nations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 24, 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 Southern LNG Company, L.L.C. (Southern LNG) on September 25, 2023. Southern LNG requests authority to engage in additional long-term, multi-contract exports of domestically produced liquefied natural gas (LNG) from its existing LNG terminal, located in Chatham County, Georgia, and known as the Elba Island Terminal, in a volume equivalent to 28.25 billion cubic feet (Bcf) per year (Bcf/yr) of natural gas, to non-free trade agreement nations. Southern LNG filed the Application under section 3 of the Natural Gas Act (NGA).
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 204 (Tuesday, October 24, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 204 (Tuesday, October 24, 2023)]
[Notices]
[Pages 73008-73010]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23411]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
[Docket No. 23-109-LNG]
Southern LNG Company, L.L.C.; 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.
-----------------------------------------------------------------------
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
[[Page 73009]]
Southern LNG Company, L.L.C. (Southern LNG) on September 25, 2023.
Southern LNG requests authority to engage in additional long-term,
multi-contract exports of domestically produced liquefied natural gas
(LNG) from its existing LNG terminal, located in Chatham County,
Georgia, and known as the Elba Island Terminal, in a volume equivalent
to 28.25 billion cubic feet (Bcf) per year (Bcf/yr) of natural gas, to
non-free trade agreement nations. Southern LNG filed the Application
under section 3 of 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, December 26, 2023.
ADDRESSES:
Electronic Filing by email (Strongly encouraged):
<a href="/cdn-cgi/l/email-protection#284e4d5a4f495b684059064c474d064f475e"><span class="__cf_email__" data-cfemail="dabcbfa8bdbba99ab2abf4beb5bff4bdb5ac">[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 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#b0dad5deded9d6d5c29ec7d1d4d5f0d8c19ed4dfd59ed7dfc6"><span class="__cf_email__" data-cfemail="81ebe4efefe8e7e4f3aff6e0e5e4c1e9f0afe5eee4afe6eef7">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#a0d0c5d2c98ed5ccd2c5d9e0c8d18ec4cfc58ec7cfd6"><span class="__cf_email__" data-cfemail="1e6e7b6c77306b726c7b675e766f307a717b30797168">[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#ef8c8e9c9c8e818b9d8ec18d8a9d819c9b8a8681af879ec18b808ac1888099"><span class="__cf_email__" data-cfemail="7417150707151a1006155a1611061a0700111d1a341c055a101b115a131b02">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Southern LNG is currently authorized to
export domestically-produced LNG in a volume equivalent to 130 Bcf/yr
of natural gas \1\ to any countries 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), through December
31, 2050, pursuant to NGA section 3(a).\2\ Southern LNG is authorized
to export this LNG from the existing Elba Island Terminal.
---------------------------------------------------------------------------
\1\ S. LNG Co., L.L.C., DOE/FE Order No. 3956, Docket No. 12-
100-LNG, Opinion and Order Granting Long-Term, Multi-Contract
Authorization to Export Liquefied Natural Gas by Vessel from the
Elba Island Terminal in Chatham County, Georgia to Non-Free Trade
Agreement Nations (Dec. 16, 2016), amended by DOE/FE Order No. 3956-
A, Order Extending Export Term for Authorizations to Free Trade and
Non-Free Trade Agreement Nations Through December 31, 2050 (Dec. 30,
2020) (extending the export term through December 31, 2050).
\2\ 15 U.S.C. 717b(a). Southern LNG notes that it is also
authorized, in Docket No. 12-54-LNG (Order No. 3106, as amended), to
export LNG from the Elba Island Terminal to FTA countries in a
volume equivalent to 182.5 Bcf/yr of natural gas. Southern LNG's FTA
exports are authorized pursuant to NGA section 3(c), 15 U.S.C.
717b(c), and are not at issue here.
---------------------------------------------------------------------------
In this Application, filed in Docket No. 23-109-LNG, Southern LNG
states that it filed an application in April 2023 with the Federal
Energy Regulatory Commission (FERC) for authorization to modify its
existing liquefaction facilities and install and operate a new
condensate plant and liquid nitrogen vaporizers at the Elba Island
Terminal. The modifications would increase the Terminal's authorized
maximum LNG production capacity to 158.25 Bcf/yr of natural gas. The
requested increase in authorized volume would align Southern LNG's
total authorized volume with the additional volume that the Terminal
could handle with FERC's approval. Thus, in light of the modifications,
Southern LNG asks DOE to authorize the export of an additional 28.25
Bcf/yr of natural gas in the form of LNG from the Elba Island Terminal
to non-FTA countries.
Southern LNG seeks the authorization on its own behalf and as agent
for other entities who themselves hold title to the LNG. Southern LNG
requests the authorization for a term to extend through December 31,
2050.
Additional details can be found in Southern LNG's Application,
posted on the DOE website at: <a href="https://www.energy.gov/sites/default/files/2023-10/2023%2009%2025%20SLNG%20Non%20FTA%20Long%20Term%20EOP%20Export%20Authorization%20Request.pdf">https://www.energy.gov/sites/default/files/2023-10/2023%2009%2025%20SLNG%20Non%20FTA%20Long%20Term%20EOP%20Export%20Authorization%20Request.pdf</a>.
DOE Evaluation
In reviewing Southern LNG's 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),\3\ and DOE's response to public comments
received on that Study.\4\
---------------------------------------------------------------------------
\3\ 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>.
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\5\ 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>.
---------------------------------------------------------------------------
<bullet> Life Cycle Greenhouse Gas Perspective on Exporting
Liquefied Natural Gas From the United States, 79 FR 32260 (June 4,
2014); \6\ and
---------------------------------------------------------------------------
\6\ 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>.
---------------------------------------------------------------------------
<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\
---------------------------------------------------------------------------
\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>.
---------------------------------------------------------------------------
Parties that may oppose this 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 NEPA
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
[[Page 73010]]
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
Southern LNG's 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 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.
Filings may be submitted using one of the following methods:
(1) Submitting the filing electronically at <a href="/cdn-cgi/l/email-protection#caacafb8adabb98aa2bbe4aea5afe4ada5bc"><span class="__cf_email__" data-cfemail="680e0d1a0f091b280019460c070d460f071e">[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
(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.
23-109-LNG'' or ``Southern LNG 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 also 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 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 October 18, 2023.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of
Resource Sustainability.
[FR Doc. 2023-23411 Filed 10-23-23; 8:45 am]
BILLING CODE 6450-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 24, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.