ECA Liquefaction, S. de R.L. de C.V.; 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.
Issuing agencies
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 September 19, 2025, by ECA Liquefaction, S. de R.L. de C.V. (ECA Liquefaction). ECA Liquefaction asks DOE to amend its existing authorization to re-export U.S.-sourced natural gas in the form of liquefied natural gas (LNG) from the ECA Mid-Scale Project (Project), currently under construction, in Ensenada, Baja California, Mexico, to non-free trade agreement countries set forth in DOE/FE Order No. 4364 (as amended)--specifically, to extend the current export commencement deadline in its order. ECA Liquefaction filed the Request under the Natural Gas Act (NGA).
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 220 (Tuesday, November 18, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 220 (Tuesday, November 18, 2025)]
[Notices]
[Pages 51724-51726]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20044]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
[Docket No. 18-144-LNG]
ECA Liquefaction, S. de R.L. de C.V.; Request for Extension of
Export Commencement Deadline
AGENCY: Office of Fossil Energy and Carbon Management, Department of
Energy.
ACTION: Notice of request.
-----------------------------------------------------------------------
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
September 19, 2025, by ECA Liquefaction, S. de R.L. de C.V. (ECA
Liquefaction). ECA Liquefaction asks DOE to amend its existing
authorization to re-export U.S.-sourced natural gas in the form of
liquefied natural gas (LNG) from the ECA Mid-Scale Project (Project),
currently under construction, in Ensenada, Baja California, Mexico, to
non-free trade agreement countries set forth in DOE/FE Order No. 4364
(as amended)--specifically, to extend the current export commencement
deadline in its order. ECA Liquefaction 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, December 18, 2025.
ADDRESSES:
Electronic Filing by email (Strongly encouraged):
<a href="/cdn-cgi/l/email-protection#a2c4c7d0c5c3d1e2cad38cc6cdc78cc5cdd4"><span class="__cf_email__" data-cfemail="03656671646270436b722d676c662d646c75">[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.
[[Page 51725]]
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#49232c2727202f2c3b673e282d2c092138672d262c672e263f"><span class="__cf_email__" data-cfemail="c9a3aca7a7a0afacbbe7bea8adac89a1b8e7ada6ace7aea6bf">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#d8a8bdaab1f6adb4aabda198b0a9f6bcb7bdf6bfb7ae"><span class="__cf_email__" data-cfemail="78081d0a11560d140a1d01381009561c171d561f170e">[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#6d041f0803084303021f1b040101082d051c43090208430a021b"><span class="__cf_email__" data-cfemail="d1b8a3b4bfb4ffbfbea3a7b8bdbdb491b9a0ffb5beb4ffb6bea7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On March 29, 2019, in Order No. 4364 (as
amended),\1\ DOE authorized ECA Liquefaction to re-export U.S.-sourced
natural gas in the form of LNG in a volume equivalent to 161 billion
cubic feet per year (Bcf/yr) of natural gas by vessel from the proposed
Project, currently under construction, located north of Ensenada in
Baja California, Mexico, approximately 31 miles south of the San Diego-
Tijuana/San Ysidro border between the United States and 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), pursuant to NGA section 3(a).\2\ ECA Liquefaction is
authorized to re-export this LNG for a term extending through December
31, 2050.\3\
---------------------------------------------------------------------------
\1\ ECA Liquefaction, S. de R.L. de C.V., DOE/FE Order No. 4364,
Docket No. 18-144-LNG, Opinion and 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
Countries (ECA Mid-Scale Project) (Mar. 29, 2019), amended by DOE/FE
Order No. 4364-A (Oct. 7, 2019) (transferring authorization from
Energ[iacute]a Costa Azul, S. de R.L. de C.V. to ECA Liquefaction,
S. de R.L. de C.V.), amended by DOE/FE Order No. 4364-B (Dec. 10,
2020) (extending export term).
\2\ 15 U.S.C. 717b(a).
\3\ ECA Liquefaction, S. de R.L. de C.V., DOE/FE Order No. 4364-
B at 10.
---------------------------------------------------------------------------
As relevant here, Order No. 4364, as amended, requires ECA
Liquefaction to ``commence re-export operations using the planned
liquefaction facilities no later than seven years from the date of
issuance of this Order''--i.e., by March 29, 2026.\4\ In the Request,
ECA Liquefaction asks DOE to ``extend the deadline for commercial
export of LNG under the Non-FTA Authorization to September 21, 2026.''
\5\
---------------------------------------------------------------------------
\4\ ECA Liquefaction, S. de R.L. de C.V., DOE/FE Order No. 4364,
at 52 (Ordering Para. D).
\5\ ECA Liquefaction, S. de R.L. de C.V., Request for Extensions
for Long-Term Authorizations to Export Liquefied Natural Gas, Docket
No. 18-144-LNG, at 1, 3 (Sept. 19, 2025) [hereinafter Request]. The
Application also applies to ECA Liquefaction's existing FTA order in
Docket No. 18-144-LNG, but DOE will address the FTA portion of the
Application separately pursuant to NGA section 3(c), 15 U.S.C.
717b(c).
---------------------------------------------------------------------------
In the Request, ECA Liquefaction asserts that there is good cause
for the commencement deadline extension request. ECA Liquefaction
states that it ``has proceeded expeditiously to advance the ECA Mid-
Scale Project and has worked diligently to develop the project in a
manner consistent with the DOE/FECM authorizations.'' \6\ ECA
Liquefaction further states that ``[c]onstruction of the ECA Mid-Scale
Project is 93.49% complete, with total project progress (including pre-
commissioning and commissioning activities) reaching a cumulative
94.85%.'' \7\ ECA Liquefaction maintains that it requests ``an
extension of the existing commencement deadline to complete the
[remaining] construction and place the export facilities into
service.'' \8\ ECA Liquefaction adds that it ``does not propose any
changes to the nature, scope, or the design of the ECA Mid-Scale
Project'' and that ``[n]either will the overall volume of [natural] gas
to be exported under the order be increased[.]'' \9\
---------------------------------------------------------------------------
\6\ Request at 5.
\7\ Id.
\8\ Id. at 5-6.
\9\ Id. at 4.
---------------------------------------------------------------------------
Additional details can be found in the Request, posted on the DOE
website at: <a href="https://www.energy.gov/sites/default/files/2025-09/ECA%20Phase%201%20DOE%20Request%20for%20Extension%209.19.2025.pdf">https://www.energy.gov/sites/default/files/2025-09/ECA%20Phase%201%20DOE%20Request%20for%20Extension%209.19.2025.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 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 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 ECA Liquefaction'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
ECA Liquefaction's Request must file a motion to intervene or notice of
intervention.\10\ 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.
---------------------------------------------------------------------------
\10\ Status as an intervenor in prior proceeding(s) in this
docket does not continue to this proceeding evaluating ECA
Liquefaction'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.
---------------------------------------------------------------------------
Filings may be submitted using one of the following methods:
(1) Submitting the filing electronically at <a href="/cdn-cgi/l/email-protection#a1c7c4d3c6c0d2e1c9d08fc5cec48fc6ced7"><span class="__cf_email__" data-cfemail="086e6d7a6f697b486079266c676d266f677e">[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.
18-144-LNG'' or ``ECA Liquefaction Request for Extension'' in the title
line. Filings must be submitted in English to be considered.\11\
---------------------------------------------------------------------------
\11\ Executive Order 14224 of March 1, 2025, Designating English
as the Official Language of the United States, 90 FR 11363 (Mar. 6,
2025).
---------------------------------------------------------------------------
[[Page 51726]]
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 November 13, 2025.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of
Resource Sustainability.
[FR Doc. 2025-20044 Filed 11-17-25; 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>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.