Notice2025-09291
NFE Altamira FLNG, S. de R.L. de C.V.; Application To Amend Export Term Through December 31, 2050, for Existing Non-Free Trade Agreement Authorization
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Published
May 23, 2025
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 on April 1, 2025, by NFE Altamira FLNG, S. de R.L. de C.V. (NFE Altamira). NFE Altamira seeks to amend the export term set forth in its current authorization to export liquefied natural gas (LNG) to non-free trade agreement countries, DOE/ FECM Order No. 5156, to a term ending on December 31, 2050. NFE Altamira filed the Application under the Natural Gas Act (NGA). 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 90 Issue 99 (Friday, May 23, 2025)</title>
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[Federal Register Volume 90, Number 99 (Friday, May 23, 2025)]
[Notices]
[Pages 22080-22082]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09291]
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DEPARTMENT OF ENERGY
[Docket No. 22-110-LNG]
NFE Altamira FLNG, S. de R.L. de C.V.; Application To Amend
Export Term Through December 31, 2050, for Existing Non-Free Trade
Agreement Authorization
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 on April 1, 2025, by NFE Altamira
FLNG, S. de R.L. de C.V. (NFE Altamira). NFE Altamira seeks to amend
the export term set forth in its current authorization to export
liquefied natural gas (LNG) to non-free trade agreement countries, DOE/
FECM Order No. 5156, to a term ending on December 31, 2050. NFE
Altamira filed the Application under the Natural Gas Act (NGA).
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,
[[Page 22081]]
requests for additional procedures, and written comments are to be
filed as detailed in the Public Comment Procedures section no later
than 4:30 p.m., Eastern time, on June 9, 2025.
ADDRESSES:
Electronic Filing by Email (strongly encouraged):
<a href="/cdn-cgi/l/email-protection#8ee8ebfce9effdcee6ffa0eae1eba0e9e1f8"><span class="__cf_email__" data-cfemail="eb8d8e998c8a98ab839ac58f848ec58c849d">[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#81ebe4efefe8e7e4f3aff6e0e5e4c1e9f0afe5eee4afe6eef7"><span class="__cf_email__" data-cfemail="6e040b000007080b1c40190f0a0b2e061f400a010b40090118">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#730316011a5d061f01160a331b025d171c165d141c05"><span class="__cf_email__" data-cfemail="bcccd9ced592c9d0ced9c5fcd4cd92d8d3d992dbd3ca">[email protected]</span></a>.
Irene V. Norville, 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, (240) 702-5679, <a href="/cdn-cgi/l/email-protection#4f263d2a212a6121203d392623232a0f273e612b202a61282039"><span class="__cf_email__" data-cfemail="5d342f3833387333322f2b343131381d352c73393238733a322b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On August 31, 2024, in Order No. 5156, DOE
authorized NFE Altamira to re-export U.S.-sourced natural gas in the
form of LNG (whether the U.S.-sourced natural gas is purchased in the
United States or Mexico) in a volume equivalent to 145 billion cubic
feet per year of natural gas, pursuant to NGA section 3(a), 15 U.S.C.
717b(a).\1\ NFE Altamira is authorized to export this LNG by vessel
from the existing New Fortress Energy Altamira FLNG Project (Project),
located off the coast of Altamira, Tamaulipas, Mexico, 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) for a five-year term extending through August 30, 2029.
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\1\ NFE Altamira FLNG, S. de R.L. de C.V., DOE/FECM Order No.
5156, Docket No. 22-110-LNG, Order Granting Long-Term Authorization
to Re-Export U.S.-Sourced Natural Gas in the Form of Liquefied
Natural Gas from Mexico to Non-Free Trade Agreement Nations (Aug.
31, 2024) [hereinafter Order No. 5156].
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In the Application,\2\ NFE Altamira asks DOE to extend its current
export term to a term ending on December 31, 2050, because it contends
that ``the record developed before DOE/FECM already contains sufficient
analysis supporting a Non-FTA authorization term through 2050.'' \3\
Additional details can be found in the Application, posted on the DOE
website at: <a href="https://www.energy.gov/sites/default/files/2025-04/NFE%20Non-FTA%20Term%20Extension%20Request_22-110-LNG.pdf">https://www.energy.gov/sites/default/files/2025-04/NFE%20Non-FTA%20Term%20Extension%20Request_22-110-LNG.pdf</a>.
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\2\ NFE Altamira FLNG, S. de R.L. de C.V., Request for Extension
of Term, DOE/FECM Order No. 5156, Docket No. 22-110-LNG (Apr. 1,
2024). NFE Altamira's FTA authorization, under Docket No, 22-110-
LNG, DOE/FECM Order No. 4960 (Mar. 3, 2023), granted a term
extending through December 31, 2050, and is not subject to this
Notice. See 15 U.S.C. 717b(c).
\3\ Id. at 3.
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DOE Evaluation
On August 25, 2020, DOE issued a policy statement entitled,
``Extending Natural Gas Export Authorizations to Non-Free Trade
Agreement Countries Through the Year 2050'' (Policy Statement).\4\ 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.\5\ 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.\6\ 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.'' \7\
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\4\ 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].
\5\ See id., 85 FR 52247.
\6\ See id.
\7\ Id.
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In Order No. 5156, DOE noted that although NFE Altamira originally
requested an export term that extends through December 31, 2050, the
export term would be five years due to the absence of a complete record
on which to grant a non-FTA authorization through the year 2050.\8\
Order No. 5156 provided that NFE Altamira may apply for an amendment to
extend the five-year export term, which DOE would evaluate based on the
record in existence at the time of the amendment application.\9\
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\8\ Order No. 5156 at 27-28.
\9\ See id. at 28.
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Accordingly, in reviewing NFE Altamira's Application, DOE will
consider any issues required by law or policy under NGA section 3(a),
as informed by the Policy Statement, DOE's regulations, and any other
documents deemed appropriate. To the extent appropriate, DOE will
consider the study entitled, 2024 LNG Export Study: Energy, Economic
and Environmental Assessment of U.S. LNG Exports (2024 LNG Export
Study),\10\ DOE's response to public comments received on that
Study,\11\ and any other relevant information contained in the record
of this proceeding. 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.
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\10\ See OnLocation, Inc., Energy, Economic and Environmental
Assessment of U.S. LNG Exports (Dec. 17, 2024), <a href="https://www.energy.gov/sites/default/files/2024-12/LNGUpdate_SummaryReport_Dec2024_230pm.pdf.The2024LNGExportStudy,includingallappendices,isavailableathttps://fossil.energy.gov/app/docketindex/docket/index/30">https://www.energy.gov/sites/default/files/2024-12/LNGUpdate_SummaryReport_Dec2024_230pm.pdf.The2024LNGExportStudy,includingallappendices,isavailableathttps://fossil.energy.gov/app/docketindex/docket/index/30</a>.
\11\ U.S. Dep't of Energy, Energy, Economic and Environmental
Assessment of U.S. LNG Exports: Response to Comments Received on
Study; <a href="https://www.energy.gov/sites/default/files/2025-05/2024%20LNG%20Export%20Study_Response%20to%20Comments_Final_05.19.2025.pdf">https://www.energy.gov/sites/default/files/2025-05/2024%20LNG%20Export%20Study_Response%20to%20Comments_Final_05.19.2025.pdf</a> (May, 2025).
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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 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 NFE
Altamira's long-term non-FTA application. Therefore, DOE will not
consider comments or protests that do not bear directly on the
requested term extension.
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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 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#c8aeadbaafa9bb88a0b9e6aca7ade6afa7be"><span class="__cf_email__" data-cfemail="1c7a796e7b7d6f5c746d32787379327b736a">[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.
22-110-LNG'' or ``NFE Altamira FLNG 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 Application 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 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 May 19, 2025.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of
Resource Sustainability.
[FR Doc. 2025-09291 Filed 5-22-25; 8:45 am]
BILLING CODE 6450-01-P
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