Southern LNG Company, L.L.C.; Application To Amend Long-Term Authorization To Export Liquefied Natural Gas to Non-Free Trade Agreement Nations To Include Certain Bunkering Activities
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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 an application (Amendment Application), filed by Southern LNG Company, L.L.C. (Southern LNG) on July 31, 2025, and supplemented on September 11, 2025. Southern LNG seeks to amend its existing long-term authorization to export domestically produced liquefied natural gas (LNG) to non-free trade agreement countries set forth in DOE/FE Order No. 3956 (as amended)-- specifically to allow such exports (1) in approved containers loaded onto vessels and (2) in bulk, loaded into bunkering vessels for ship- to-ship transfer as marine fuel to ships located within the territorial seas of foreign countries (including that country's ports). No other part of the existing authorization would be affected. Southern LNG also seeks to amend an application it filed in a separate proceeding, to allow additional exports to non-FTA countries, to include the same amendments to the activities it seeks for its existing authorization. Southern LNG filed the Amendment Application under the Natural Gas Act (NGA).
Full Text
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<title>Federal Register, Volume 90 Issue 186 (Monday, September 29, 2025)</title>
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[Federal Register Volume 90, Number 186 (Monday, September 29, 2025)]
[Notices]
[Pages 46588-46589]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18830]
[[Page 46588]]
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DEPARTMENT OF ENERGY
[Docket Nos. 12-100-LNG and 23-109-LNG]
Southern LNG Company, L.L.C.; Application To Amend Long-Term
Authorization To Export Liquefied Natural Gas to Non-Free Trade
Agreement Nations To Include Certain Bunkering Activities
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)
(formerly the Office of Fossil Energy (FE)) of the Department of Energy
(DOE) gives notice (Notice) of receipt of an application (Amendment
Application), filed by Southern LNG Company, L.L.C. (Southern LNG) on
July 31, 2025, and supplemented on September 11, 2025. Southern LNG
seeks to amend its existing long-term authorization to export
domestically produced liquefied natural gas (LNG) to non-free trade
agreement countries set forth in DOE/FE Order No. 3956 (as amended)--
specifically to allow such exports (1) in approved containers loaded
onto vessels and (2) in bulk, loaded into bunkering vessels for ship-
to-ship transfer as marine fuel to ships located within the territorial
seas of foreign countries (including that country's ports). No other
part of the existing authorization would be affected. Southern LNG also
seeks to amend an application it filed in a separate proceeding, to
allow additional exports to non-FTA countries, to include the same
amendments to the activities it seeks for its existing authorization.
Southern LNG filed the Amendment 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, on October 29, 2025.
ADDRESSES:
Electronic Filing by email (strongly encouraged):
<a href="/cdn-cgi/l/email-protection#99fffcebfef8ead9f1e8b7fdf6fcb7fef6ef"><span class="__cf_email__" data-cfemail="16707364717765567e673872797338717960">[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#6b010e0505020d0e19451c0a0f0e2b031a450f040e450c041d"><span class="__cf_email__" data-cfemail="a4cec1cacacdc2c1d68ad3c5c0c1e4ccd58ac0cbc18ac3cbd2">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#cabaafb8a3e4bfa6b8afb38aa2bbe4aea5afe4ada5bc"><span class="__cf_email__" data-cfemail="166673647f38637a64736f567e673872797338717960">[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#a2cbd0c7ccc78ccccdd0d4cbcecec7e2cad38cc6cdc78cc5cdd4"><span class="__cf_email__" data-cfemail="c4adb6a1aaa1eaaaabb6b2ada8a8a184acb5eaa0aba1eaa3abb2">[email protected]</span></a>
SUPPLEMENTARY INFORMATION: On December 16, 2016, in Order No. 3956 (as
amended),\1\ DOE authorized Southern LNG to export domestically
produced LNG by vessel from the Elba Island Terminal in Chatham County,
Georgia, 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), pursuant to NGA section 3(a).\2\
Southern LNG is authorized to export this LNG in a volume equivalent to
130 billion cubic feet (Bcf) per year (Bcf/yr) of natural gas \3\ for a
term extending through December 31, 2050.\4\
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\1\ Southern 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 (Dec. 30, 2020) (extending export term).
\2\ 15 U.S.C. 717b(a).
\3\ Southern LNG holds a corresponding authorization to export
LNG to countries with which the United States has a FTA requiring
national treatment for trade in natural gas, in a volume equivalent
to 182.5 Bcf/yr of natural gas. When it applied for this
authorization, Southern LNG requested the same volume for non-FTA
export. Under NGA section 3(c), 15 U.S.C. 717b(c), DOE was required
to grant the FTA export in the full volume requested. However,
because the Federal Energy Regulatory Commission, under its own NGA
section 3 authority, had only approved a facility with an export
capacity of up to 130 Bcf/yr, DOE only authorized that volume for
non-FTA export. The volumes authorized in each authorization are not
additive to one another.
\4\ Southern LNG Co., L.L.C., DOE/FE Order No. 3956, as amended
by DOE/FE Order No. 3956-A.
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On September 25, 2023, Southern LNG filed an application for
authorization to export an additional 28.25 Bcf/yr from the Elba Island
Terminal to non-FTA countries in Docket No. 23-109-LNG.\5\ DOE
published notice of this application in the Federal Register on October
24, 2023.\6\ That application remains pending.
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\5\ Southern LNG Company, L.L.C., Application for Long-Term
Authorization to Export Liquefied Natural Gas to Non-Free Trade
Agreement Nations, Docket No. 23-109-LNG (Sept. 25, 2023).
\6\ 88 FR 73008 (Oct. 24, 2023).
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In the Amendment Application filed on July 31, 2025, Southern LNG
seeks to utilize additional methods for the export of LNG: ``(i) in
approved ISO containers loaded in such containers onto vessels, and
(ii) in bulk, loaded into bunkering vessels for transfer as marine fuel
to ships located within the territorial sea of a foreign country
(including ships located in foreign ports)[.]'' \7\ Southern LNG asks
DOE to ``amend [its authorizations] to add transfers of U.S.-sourced
LNG in bunkering operations conducted within the territorial seas of
foreign countries (including ports of such foreign countries) to the
categories of activities to which those authorizations apply.'' \8\ In
support of its request, Southern LNG notes that DOE clarified its
jurisdiction over LNG transferred to a receiving ship for use as marine
fuel in an order issued to JAX LNG, LLC in February 2025.\9\ According
to Southern LNG, ``[t]he modified authorization sought in this
Amendment Application should be deemed to be consistent with the public
interest . . . for the same reasons as [its current authorizations] and
[as DOE] has authorized JAX LNG, LLC to engage in exports of LNG
through bunkering operations in the territorial waters of foreign
countries.'' \10\
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\7\ Southern LNG Company, L.L.C., Application to Amend Long-
Term, Multi-Contract Authorization to Export Natural Gas to Free
Trade Agreement and Non-Free Trade Agreement Nations to Include
Exports of LNG by Ship-to-Ship Transfers Within the Territorial Seas
and Ports of Foreign Countries, Docket Nos. 12-54-LNG and 12-100-
LNG, at 7 (July 31, 2025) [hereinafter Amendment App.].
\8\ Id. at 2. Southern LNG requests the amendment for both its
FTA and non-FTA authorizations. The FTA authorization is under a
separate proceeding (Docket No. 12-54-LNG) not subject to this
Notice.
\9\ Id. at 3 (citing JAX LNG, LLC, DOE/FECM Order No. 5233-A,
Docket No. 24-73-LNG, Order Granting Request for Rehearing and
Clarification and Modifying Order (Feb. 25, 2025)).
\10\ Id. at 5.
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On September 11, 2025, Southern LNG filed a supplement to the
Amendment Application ``to (i) add a docket to [its] Amendment
Application and to request that DOE/FECM authorize the actions
requested in [its] Amendment Application as part of its order in that
proceeding; and (ii) clarify certain aspects of its original
[[Page 46589]]
request[.]'' \11\ In the Amendment Application Supplement, Southern LNG
asks DOE to also authorize bunkering events for the additional 28.25
Bcf/yr of natural gas it seeks to export to non-FTA countries in Docket
No. 23-109-LNG.\12\ Southern LNG further clarifies that the term
``bunkering events'' as used in its Amendment Application includes both
ship-to-ship fuel transfers and ISO container loading.\13\
Additionally, Southern LNG clarifies that it does not qualify under the
small-scale natural gas exports rule under 10 CFR 590.208(a), as
incorrectly stated in its Amendment Application.\14\
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\11\ Southern LNG Company, L.L.C., Supplement to Application to
Amend Long-Term, Multi-Contract Authorization to Export Natural Gas
to Free Trade Agreement and Non-Free Trade Agreement Nations to
Include Exports of LNG by Ship-to-Ship Transfers Within the
Territorial Seas and Ports of Foreign Countries, Docket Nos. 12-54-
LNG et al., at 1 (Sept. 11, 2025) [hereinafter Amendment App.
Supp.].
\12\ Amendment App. Supp. at 3-4.
\13\ Id. at 2.
\14\ Id.
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Additional details can be found in the Amendment Application and
Amendment Application Supplement, posted on the DOE website at <a href="https://www.energy.gov/sites/default/files/2025-07/2025.07.31%20SLNG%20Amendment%20DOE%20Bunkering%20%28Final%29.pdf">https://www.energy.gov/sites/default/files/2025-07/2025.07.31%20SLNG%20Amendment%20DOE%20Bunkering%20%28Final%29.pdf</a>, and
<a href="https://www.energy.gov/sites/default/files/2025-09/2025.09.10.%20SLNG%20Amendment%20DOE%20Bunkering%20Supplement%20%28executed%29.pdf">https://www.energy.gov/sites/default/files/2025-09/2025.09.10.%20SLNG%20Amendment%20DOE%20Bunkering%20Supplement%20%28executed%29.pdf</a>, respectively.
DOE Evaluation
In reviewing the Amendment Application, 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 Amendment Application should address
these issues and documents in their comments and/or protests, as well
as other issues deemed relevant to the Amendment 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, addressing the Amendment Application. 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 Southern LNG's
long-term non-FTA application in this docket. Therefore, DOE will not
consider comments or protests that do not bear directly on the
Amendment Application.
Any person wishing to become a party to the proceeding evaluating
the Amendment Application must file a motion to intervene or notice of
intervention.\15\ The filing of comments or a protest with respect to
the Amendment 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 Amendment
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.
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\15\ Status as an intervenor in prior proceeding(s) in this
docket does not continue to this proceeding evaluating Southern
LNG's Amendment Application, and therefore any person interested in
intervening to address the Amendment Application 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#62040710050311220a134c060d074c050d14"><span class="__cf_email__" data-cfemail="15737067727466557d643b717a703b727a63">[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 Nos.
12-100-LNG and 23-109-LNG'' or ``Southern LNG Amendment Application''
in the title line. Filings must be submitted in English to be
considered.\16\
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\16\ Executive Order 14224 of March 1, 2025, Designating English
as the Official Language of the United States, 90 FR 11363 (Mar. 6,
2025).
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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 Amendment 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 Amendment 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
Amendment Application and responses filed by parties pursuant to this
Notice, in accordance with 10 CFR 590.316.
Signed in Washington, DC, on September 25, 2025.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of
Resource Sustainability.
[FR Doc. 2025-18830 Filed 9-26-25; 8:45 am]
BILLING CODE 6450-01-P
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