Notice2025-12764
Freeport LNG Expansion, L.P. & FLNG Liquefaction 4, LLC; Request for Extension of Export Commencement Deadline
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
July 9, 2025
Issuing agencies
Energy Department
Abstract
The Office of Fossil Energy and Carbon Management (FECM) (formerly the Office of Fossil Energy (FE)) of the Department of Energy (DOE) gives notice (Notice) of receipt of a request (Request), filed on June 23, 2025, by Freeport LNG Expansion, L.P. and FLNG Liquefaction 4, LLC (collectively, FLEX4). FLEX4 requests to amend its existing authorization to export domestically produced liquefied natural gas (LNG) to non-free trade agreement countries set forth in DOE/FE Order No. 4374 (as amended)--specifically, to extend the current export commencement deadline in its order. FLEX4 filed the Request under the Natural Gas Act (NGA).
Full Text
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<title>Federal Register, Volume 90 Issue 129 (Wednesday, July 9, 2025)</title>
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[Federal Register Volume 90, Number 129 (Wednesday, July 9, 2025)]
[Notices]
[Pages 30222-30223]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12764]
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DEPARTMENT OF ENERGY
[Docket No. 18-26-LNG]
Freeport LNG Expansion, L.P. & FLNG Liquefaction 4, LLC; Request
for Extension of Export Commencement Deadline
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 (FE)) of the Department of Energy
(DOE) gives notice (Notice) of receipt of a request (Request), filed on
June 23, 2025, by Freeport LNG Expansion, L.P. and FLNG Liquefaction 4,
LLC (collectively, FLEX4). FLEX4 requests to amend its existing
authorization to export domestically produced liquefied natural gas
(LNG) to non-free trade agreement countries set forth in DOE/FE Order
No. 4374 (as amended)--specifically, to extend the current export
commencement deadline in its order. FLEX4 filed the Request 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, August 8, 2025.
ADDRESSES:
Electronic Filing by email (Strongly encouraged):
<a href="/cdn-cgi/l/email-protection#6e080b1c090f1d2e061f400a010b40090118"><span class="__cf_email__" data-cfemail="e4828196838597a48c95ca808b81ca838b92">[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#e389868d8d8a858691cd94828786a38b92cd878c86cd848c95"><span class="__cf_email__" data-cfemail="4f252a212126292a3d61382e2b2a0f273e612b202a61282039">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#d4a4b1a6bdfaa1b8a6b1ad94bca5fab0bbb1fab3bba2"><span class="__cf_email__" data-cfemail="a9d9ccdbc087dcc5dbccd0e9c1d887cdc6cc87cec6df">[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, (240) 780-1691, <a href="/cdn-cgi/l/email-protection#0d6e6c7e7e6c63697f6c236f687f637e796864634d657c23696268236a627b"><span class="__cf_email__" data-cfemail="0f6c6e7c7c6e616b7d6e216d6a7d617c7b6a66614f677e216b606a21686079">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On May 28, 2019, in DOE/FE Order No. 4374
(as amended),\1\ DOE authorized FLEX4 to export domestically produced
LNG by vessel from its proposed fourth natural gas liquefaction train
and pretreatment unit, as well as associated infrastructure (Train 4
Project), to be located at the Freeport LNG Terminal on Quintana Island
near Freeport, 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\ FLEX4 is
authorized to export this LNG in a volume equivalent to 262.8 billion
cubic feet per year (Bcf/yr) of natural gas for a term extending
through December 31, 2050.\3\
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\1\ Freeport LNG Expansion, L.P. and FLNG Liquefaction 4, LLC,
DOE/FE Order No. 4374, Docket No. 18-26-LNG, Opinion and Order
Granting Long-Term Authorization to Export Liquefied Natural Gas to
Non-Free Trade Agreement Nations (May 28, 2019), amended by DOE/FE
Order No. 4374-A (Oct. 21, 2020) (extending export term).
\2\ 15 U.S.C. 717b(a).
\3\ Freeport LNG Expansion, L.P. and FLNG Liquefaction 4, LLC,
DOE/FE Order No. 4374, as amended by DOE/FE Order No. 4374-A.
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[[Page 30223]]
As relevant here, Order No. 4374 requires FLEX4 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 28, 2026.\4\ In the Request, FLEX4 asks DOE to grant an extension
of the export commencement deadline in its non-FTA authorization, ``so
that it may commence export operations from the Train 4 Project by no
later than December 1, 2031.'' \5\
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\4\ Freeport LNG Expansion, L.P. and FLNG Liquefaction 4, LLC,
DOE/FE Order No. 4374, at 53 (Ordering Para. D).
\5\ Freeport LNG Expansion, L.P. and FLNG Liquefaction 4, LLC,
Request for Extension of Export Commencement Deadline, Docket No.
18-26-LNG, at 6 (June 23, 2025) (emphasis in original) [hereinafter
Request]; see also id. at 1-2.
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In support of this Request, FLEX4 asserts that it is unable to meet
the current export commencement deadline due to unanticipated
circumstances, including an explosion that occurred at the Terminal on
June 8, 2022 (June 8 Incident), which resulted in the entire Terminal
being taken offline. FLEX4 further states that, on June 18, 2025, FLNG
Liquefaction 4, LLC (FLIQ4), together with FLEX4's affiliate Freeport
LNG Development, L.P. (Freeport LNG), applied to the Federal Energy
Regulatory Commission (FERC) for an extension of the existing
construction and in-service deadline for the Train 4 Project to
December 1, 2031 (the same date as requested in this proceeding).\6\
FLEX4 also identifies the actions it has taken to date towards
restoring and returning the Terminal to service and the development of
the Train 4 Project. FLEX4 maintains that the Request ``does not affect
any requirements of its non-FTA authorization beyond providing for
additional time to commence export operations.'' \7\
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\6\ Id. at 3. FLEX4 states that Freeport LNG and FLIQ4
previously have received two extensions of time from FERC to
complete construction and place the Train 4 Project in service. See
id. at 2. The third extension request filed on June 18, 2025, is
currently pending at FERC and will ``account for delays to the Train
4 Project schedule resulting from the June 8 Incident-related
restoration activities.'' Id. at 3.
\7\ Id. at 5.
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Additional details can be found in the Request, posted on the DOE
website at <a href="https://www.energy.gov/sites/default/files/2025-06/FLEX4%20Request%20for%20Extension.pdf">https://www.energy.gov/sites/default/files/2025-06/FLEX4%20Request%20for%20Extension.pdf</a>.
DOE Evaluation
In reviewing the Request, DOE will consider any issues required by
law or policy under NGA section 3(a), DOE's regulations, and any other
documents deemed appropriate.
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
30 days from the date of publication of this Notice in the Federal
Register 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 FLEX4's long-term
non-FTA application in this docket. 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 proceeding evaluating
FLEX4's Request must file a motion to intervene or notice of
intervention.\8\ The filing of comments or a protest with respect to
the Request 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 Request. All protests, comments,
motions to intervene, or notices of intervention must meet the
requirements specified by DOE's regulations in 10 CFR part 590,
including the service requirements.
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\8\ Status as an intervenor in prior proceeding(s) in this
docket does not continue to this proceeding evaluating FLEX4's
Request, and therefore any person interested in intervening to
address the Request must file a new motion to intervene (or notice
of intervention, as applicable). 10 CFR 590.303.
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Filings may be submitted using one of the following methods:
(1) Submitting the filing electronically at <a href="/cdn-cgi/l/email-protection#8fe9eafde8eefccfe7fea1ebe0eaa1e8e0f9"><span class="__cf_email__" data-cfemail="711714031610023119005f151e145f161e07">[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.
18-26-LNG'' or ``FLEX4 Request for Extension'' 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 Request, 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 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 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 July 3, 2025.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of
Resource Sustainability.
[FR Doc. 2025-12764 Filed 7-8-25; 8:45 am]
BILLING CODE 6450-01-P
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