[Federal Register Volume 79, Number 30 (Thursday, February 13, 2014)]
[Notices]
[Pages 8698-8701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03162]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

[FE Docket No. 13-121-LNG]


Sabine Pass Liquefaction, LLC; Application for Long-Term 
Authorization To Export Liquefied Natural Gas Produced From Domestic 
Natural Gas Resources to Non-Free Trade Agreement Countries for a 20-
Year Period

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of application.

-----------------------------------------------------------------------

SUMMARY: The Office of Fossil Energy (FE) of the Department of Energy 
(DOE) gives notice of receipt of an application (Application) filed on 
September 10, 2013, by Sabine Pass Liquefaction, LLC (SPL), requesting 
long-term authorization to export liquefied natural gas (LNG) produced 
from domestic sources in a volume equivalent to approximately 314 
billion cubic feet per year of natural gas (Bcf/yr). SPL requests 
authorization to export the LNG for a 20-year term from the Sabine Pass 
LNG Terminal in Cameron Parish, Louisiana. In the portion of SPL's 
Application subject to this Notice, SPL seeks authorization under Sec.  
3(a) of the Natural Gas Act (NGA), 15 U.S.C. 717b(a), to export LNG to 
any country with which the United States does not have a free trade 
agreement (FTA) requiring national treatment for trade in natural gas 
(non-FTA countries), and with which trade is not prohibited by U.S. law 
or policy.\1\ SPL seeks to export this LNG on its own behalf and as 
agent for other entities who hold title to the LNG at the time of 
export. SPL requests that this authorization commence on the earlier of 
the date of first export or eight years from the date the authorization 
is issued.
---------------------------------------------------------------------------

    \1\ In its Application, SPL also requested authorization to 
export LNG to any nation that currently has, or in the future 
develops into, a FTA requiring national treatment for trade in 
natural gas (FTA countries). On January 22, 2014, DOE/FE granted 
that portion of SPL's Application pursuant to NGA Sec.  3(c), 15 
U.S.C. 717b(c). See Sabine Pass Liquefaction, LLC, DOE/FE Order No. 
3384, Order Granting Long-Term, Multi-Contract Authorization to 
Export Liquefied Natural Gas by Vessel from the Sabine Pass LNG 
Terminal to Free Trade Agreement Nations (Jan. 22, 2014).

DATES: Protests, motions to intervene or notices of intervention, as 
applicable, requests for additional procedures, and written comments 
are to be filed using procedures detailed in the Public Comment 
Procedures section no later than 4:30 p.m., Eastern time, April 14, 
---------------------------------------------------------------------------
2014.

ADDRESSES: Electronic Filing by email: [email protected].

Regular Mail

    U.S. Department of Energy (FE-34), Office of Oil and Gas Global 
Security and Supply, Office of Fossil Energy, P.O. Box 44375, 
Washington, DC 20026-4375.

Hand Delivery or Private Delivery Services (e.g., FedEx, UPS, etc.)

    U.S. Department of Energy (FE-34), Office of Oil and Gas Global 
Security and Supply, Office of Fossil Energy, Forrestal Building, Room 
3E-042, 1000 Independence Avenue SW., Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT:
Larine Moore or Lisa Tracy, U.S. Department of Energy (FE-34), Office 
of Oil and Gas Global Security and Supply, Office of Fossil Energy, 
Forrestal Building, Room 3E-042, 1000 Independence Avenue SW., 
Washington, DC 20585, (202) 586-9478; (202) 586-4523.
Edward Myers, U.S. Department of Energy, Office of the Assistant 
General Counsel for Electricity and Fossil Energy, Forrestal Building, 
Room 6B-256, 1000 Independence Avenue SW., Washington, DC 20585, (202) 
586-3397.

SUPPLEMENTARY INFORMATION:

Background

    SPL states that, together with its affiliate, Sabine Pass LNG, L.P. 
(Sabine Pass LNG), it is developing a liquefaction project consisting 
of four LNG production trains (Trains 1 through 4) located at the 
Sabine Pass LNG Terminal (Liquefaction Project).\2\ Additionally, SPL 
states that it has announced plans to construct two additional LNG 
production trains--Trains 5 and 6 (Liquefaction Expansion Project)--for 
a total of six trains.
---------------------------------------------------------------------------

    \2\ SPL states that the Sabine Pass LNG Terminal is currently 
being used for the import, storage, and vaporization of LNG.
---------------------------------------------------------------------------

    Applicant. SPL, a limited liability company with its principal 
place of business in Houston, Texas, is an indirect subsidiary of 
Cheniere Energy Partners, L.P. (Cheniere Partners). Cheniere Partners 
is a Delaware limited partnership owned by Cheniere Energy, Inc. 
(Cheniere Energy), with its primary place of business in Houston, 
Texas. Cheniere Energy is a Delaware corporation with its primary place 
of business in Houston, Texas. Cheniere Energy is developing the Sabine 
Pass LNG Terminal in Louisiana, as well as other LNG terminals and 
natural gas pipelines on the Gulf Coast. SPL states that it is 
authorized to do business in the States of Texas and Louisiana.
    Procedural History. SPL provides an overview of the history and/or 
existing authorizations associated with the Liquefaction Project and 
proposed Liquefaction Expansion Project, which is summarized as 
follows:
    On September 7, 2010, DOE/FE issued DOE/FE Order No. 2833, in which 
it authorized SPL to export LNG from the Sabine Pass LNG Terminal to 
FTA nations in a volume totaling 803 Bcf/yr of natural gas (2.2 Bcf per 
day (Bcf/d)).\3\
---------------------------------------------------------------------------

    \3\ Sabine Pass Liquefaction, LLC, DOE/FE Order No. 2833, Order 
Granting Long-Term Authorization to Export Liquefied Natural Gas 
from Sabine Pass LNG Terminal to Free Trade Nations (Sept. 7, 2010).
---------------------------------------------------------------------------

    Subsequently, on April 16, 2012, the Federal Energy Regulatory 
Commission (FERC) authorized the construction and operation of the 
Liquefaction Project.\4\ SPL notes that Trains 1 through 4 are 
currently under construction.
---------------------------------------------------------------------------

    \4\ Sabine Pass Liquefaction, LLC & Sabine Pass LNG, L.P., 139 
FERC ] 61,039 (2012), reh'g denied, 140 FERC ] 61,076 (2012).
---------------------------------------------------------------------------

    On August 7, 2012, in DOE/FE Order No. 2961-A, DOE/FE granted final 
authorization to SPL to export LNG from the Sabine Pass LNG Terminal to 
non-FTA countries in a volume equivalent to approximately 803 Bcf/yr of 
natural gas (2.2 Bcf/d).\5\ Therefore, the total, non-

[[Page 8699]]

additive volume of LNG authorized in both DOE/FE Order No. 2833 (FTA) 
and No. 2961-A (non-FTA) is equivalent to 803 Bcf/yr of natural gas.
---------------------------------------------------------------------------

    \5\ Sabine Pass Liquefaction, LLC, DOE/FE Order No. 2961-A, 
Final Opinion and Order Granting Long-Term Authorization to Export 
Liquefied Natural Gas from Sabine Pass LNG Terminal to Non-Free 
Trade Agreement Nations (Aug. 7, 2012). This order finalized the 
conditional authorization granted to SPL in DOE/FE Order No. 2961, 
dated May 20, 2011, to export domestically produced LNG from the 
Sabine Pass LNG Terminal to non-FTA nations.
---------------------------------------------------------------------------

    On February 27, 2013, SPL and its affiliates (Sabine Pass LNG and 
Sabine Pass Liquefaction Expansion, LLC) sought authorization from FERC 
to initiate the pre-filing review process for the Liquefaction 
Expansion Project, which would consist of siting, constructing, and 
operating Trains 5 and 6.\6\ SPL states that the peak combined LNG 
production capacity of Trains 5 and 6 is estimated to be 503 Bcf/yr of 
natural gas, or 251.5 Bcf/yr for each train.
---------------------------------------------------------------------------

    \6\ See FERC Docket No. PF13-8-000.
---------------------------------------------------------------------------

    Most recently, DOE/FE granted SPL two additional long-term export 
authorizations to FTA countries. First, on July 11, 2013, in DOE/FE 
Order No. 3306, DOE/FE authorized SPL to export LNG in a volume 
equivalent to 101 Bcf/yr of natural gas, pursuant to a LNG Sale and 
Purchase Agreement (SPA) with Total Gas & Power North America, Inc. 
(TGPNA).\7\ Second, on July 12, 2013, in DOE/FE Order No. 3307, DOE/FE 
issued a similar authorization in a volume equivalent to 88.3 Bcf/yr of 
natural gas, pursuant to a SPA with Centrica plc (Centrica).\8\ SPL's 
applications for non-FTA export authorization under the terms of its 
SPAs with TGPNA and Centrica are pending in DOE/FE Docket Nos. 13-30-
LNG and 13-42-LNG, respectively.
---------------------------------------------------------------------------

    \7\ Sabine Pass Liquefaction, LLC, DOE/FE Order No. 3306, Order 
Granting Authorization to Export Liquefied Natural Gas by Vessel 
Pursuant to the Long-Term Contract with Total Gas & Power North 
America, Inc. from the Sabine Pass LNG Terminal to Free Trade 
Agreement Nations (July 11, 2013).
    \8\ Sabine Pass Liquefaction, LLC, DOE/FE Order No. 3307, Order 
Granting Authorization to Export Liquefied Natural Gas by Vessel 
Pursuant to the Long-Term Contract with Centrica plc from the Sabine 
Pass LNG Terminal to Free Trade Agreement Nations (July 12, 2013).
---------------------------------------------------------------------------

Current Application

    In this Application, SPL requests long-term authorization to export 
any surplus LNG from the Sabine Pass LNG Terminal to both FTA and non-
FTA countries--specifically, any volume of natural gas produced from 
Trains 5 and 6 that is not already committed for export under its SPAs 
with TGPNA and Centrica, in an amount not to exceed the equivalent of 
314 Bcf/yr of natural gas for the requested 20-year term.\9\ DOE/FE 
recently granted the FTA portion of SPL's Application in DOE/FE Order 
No. 3348, pursuant to NGA section 3(c), 15 U.S.C. 717b(c).\10\ The 
portion of SPL's Application that seeks authorization to export 
domestically produced LNG to non-FTA countries will be reviewed 
pursuant to NGA section 3(a), 15 U.S.C. 717b(a), and is the subject of 
this Notice.
---------------------------------------------------------------------------

    \9\ SPL states that its obligation to deliver LNG under the two 
SPAs will arise when the fifth LNG train becomes commercially 
operable. SPL also states, however, that its delivery obligations 
under its SPAs are not tied to individual LNG trains.
    \10\ See supra n.1
---------------------------------------------------------------------------

    SPL seeks authorization to export the LNG for a 20-year term, 
commencing on the earlier of the date of first export or eight years 
from the date the authorization is issued. SPL is requesting this 
authorization to export LNG on its own behalf and as agent for other 
parties who will hold title to the LNG at the time of export. SPL 
states that it will comply with all DOE/FE requirements for exporters 
and agents, including registration requirements articulated in recent 
DOE/FE orders.
    SPL states that it intends to purchase natural gas to be used as 
fuel and feedstock for LNG production from the interstate and 
intrastate grid at points of interconnection with other pipelines and 
with points of liquidity, both upstream and downstream of the Cheniere 
Creole Trail Pipeline system and other systems that interconnect with 
the Liquefaction Expansion Project. SPL anticipates that the 
Liquefaction Expansion Project will have access to multiple interstate 
and intrastate pipeline systems, enabling it to purchase natural gas 
from conventional and unconventional basins across the Gulf Coast 
region and throughout the United States. SPL notes that this supply of 
natural gas can be sourced in large volumes in the spot market or 
pursued under long-term arrangements. SPL states that, to date, it has 
not entered into any purchase agreements for the purpose of supplying 
natural gas feedstock for the proposed exports.
    Additionally, SPL states that it has not yet entered into any long-
term gas supply or export agreements in connection with the proposed 
exports. According to SPL, it is not submitting transaction-specific 
information at this time, but states that it will file, or cause to be 
filed, the transaction-specific information (e.g., long-term supply 
and/or export agreements) requested in Section 590.202(b) of DOE/FE's 
regulations (10 CFR 590.202(b)), consistent with DOE/FE precedent.\11\
---------------------------------------------------------------------------

    \11\ App. at 8-9 (citing Lake Charles Exports, LLC, DOE/FE Order 
No. 3324, Order Conditionally Granting Long-Term Multi-Contract 
Authorization to Export Liquefied Natural Gas by Vessel From the 
Lake Charles Terminal to Non-Free Trade Agreement Nations (Aug. 7, 
2013)).
---------------------------------------------------------------------------

    Citing Section 590.402 of DOE's regulations,\12\ SPL requests that 
DOE/FE grant its Application and issue a conditional non-FTA export 
authorization before March 31, 2014, followed by issuance of a final 
order immediately upon FERC's completion of the environmental review of 
the Liquefaction Expansion Project by FERC, as discussed below.
---------------------------------------------------------------------------

    \12\ 10 CFR 590.402.
---------------------------------------------------------------------------

Public Interest Considerations

    SPL states that DOE/FE should grant the requested authorization 
because there is ample evidence in the public record that exports of 
LNG, such as those proposed by SPL in the Application, are in the 
public interest.
    According to SPL, DOE/FE previously determined that LNG exports 
from the Liquefaction Project were in the public interest when it 
issued Orders No. 2961 and 2961-A--the conditional and final non-FTA 
authorizations issued to SPL and discussed above. SPL states that, in 
granting those orders in FE Docket No. 10-111-LNG, DOE/FE pointed to 
market studies and other evidence that SPL submitted in the proceeding, 
which (according to SPL) demonstrated the substantial economic and 
public benefits that are likely to follow from exports of natural gas 
as LNG. SPL asserts that the same rationale applies here to show the 
public benefits associated with the proposed exports. It therefore 
incorporates by reference the record in its earlier non-FTA proceeding. 
SPL also references the macroeconomic study commissioned by DOE and 
conducted by NERA Economic Consulting in 2012 (NERA Study),\13\ as well 
as letters from members of the United States Congress submitted in 
response to the NERA Study, which SPL states expressed their approval 
of the export of domestic natural gas as LNG. Finally, SPL states that, 
because it intends to sell natural gas from Trains 5 and 6 the 
Liquefaction Expansion Project under contractual arrangements that will 
be priced competitively with domestic natural gas, it will satisfy the 
public interest standard as set forth in DOE's Policy Guidelines.\14\
---------------------------------------------------------------------------

    \13\ NERA Economic Consulting, Macroeconomic Impacts of LNG 
Exports from the United States (Dec. 3, 2012), available at http://energy.gov/sites/prod/files/2013/04/f0/nera_lng_report.pdf [NERA 
Study].
    \14\ Policy Guidelines & Delegation Orders Relating to the 
Regulation of Imported Natural Gas, 49 FR 6684 (Feb. 22, 1984).
---------------------------------------------------------------------------

    Next, SPL points to the current supply/demand balance of natural 
gas in the United States in asserting that the proposed exports will 
not impinge on any national or regional need for the gas. SPL addresses 
these issues in Appendix B to the Application, entitled ``Further 
Discussion of the Projected Need for the Natural Gas to be

[[Page 8700]]

Exported.'' Specifically, SPL states as follows:
    (1) The Liquefaction Expansion Project supports and encourages the 
continued development of natural gas resources during times when 
domestic prices of natural gas are depressed, and subsidizes the 
production of a quantity of natural gas that can be deployed on short 
notice when and if market prices induce the cancellation of the export 
of LNG cargoes, thereby mitigating volatility that would otherwise 
arise and ensuring that domestic supplies will be available over the 
duration of commodity market cycles.
    (2) SPL previously commissioned a report from Advanced Resources 
International (ARI), entitled U.S. Natural Gas Resources and Productive 
Capacity: Mid-2012 (ARI Resource Report), to assess the scope of 
domestic natural gas resources and its potential for future recovery. 
SPL states that the ARI Resource Report demonstrates that the United 
States has significant natural gas resources available to meet 
projected future domestic needs, including the quantities contemplated 
for export under this Application. SPL further states that the ARI 
Resource Report establishes that the availability of new natural gas 
reserves is likely to continue expanding into the future, as new 
unconventional formations are discovered and the oil and gas industry 
continues to improve drilling and extraction techniques.
    (3) SPL states that the United States Energy Information 
Administration's (EIA) Annual Energy Outlook 2013 (AEO 2013) supports 
the assumption that the domestic natural gas resource base continues to 
expand rapidly. According to SPL, AEO 2013 forecasts that domestic dry 
natural gas production will increase by an average of 1.3% per year 
through 2040. SPL states that AEO 2013 also predicts U.S. dry natural 
gas production will total 33.14 trillion cubic feet (Tcf) by 2040, a 
44.1% increase from production levels of 23.0 Tcf in 2011. SPL further 
notes that the AEO 2013 Reference Case projects that domestic demand 
growth for natural gas will average 0.7% annually through 2040, with 
domestic demand projected to expand to 29.54 Tcf (80.9 Bcf/d) by 2040. 
According to SPL, over this same period of time, domestic natural gas 
production is projected to grow by 1.3% per year on average, or 
approximately twice the rate of growth in domestic natural gas demand. 
SPL cites AEO 2013 in stating the United States will become a net 
exporter of natural gas after 2020.
    In summary, SPL states that domestic natural gas resources are 
currently available for export and will not interfere with the public 
interest. SPL cites the ARI Resource Report, EIA's AEO 2013, and other 
publicly-available information in stating that the United States has 
sufficient natural gas resources available at modest prices to meet 
projected domestic demand over the next 25 years. According to SPL, 
these reports indicate that the availability of new natural gas 
reserves is likely to continue expanding in the future, as new 
unconventional formations are discovered and drilling and extraction 
techniques are improved. SPL maintains that this anticipated future 
surplus of deliverable supply, in excess of domestic need, demonstrates 
that the resources proposed for export by SPL from the Liquefaction 
Expansion Project are not required to meet domestic need.
    Additional details can be found in Appendix B of the Application, 
which has been posted at http://www.fossil.energy.gov/programs/gasregulation/authorizations/2013_applications/13_121_lng_fta1.pdf.

Environmental Impact

    SPL states that the potential environmental impact of the 
Liquefaction Expansion Project will be reviewed by FERC as the lead 
agency for the purposes of coordinating all applicable federal 
authorizations and complying with the National Environmental Policy Act 
(NEPA). SPL anticipates that DOE/FE will participate as a cooperating 
agency in FERC's environmental review process. SPL maintains that DOE/
FE has adopted regulations of the Council on Environmental Quality 
(CEQ) that govern its role as a cooperating agency in the NEPA process, 
and that these regulations require DOE to cooperate with the other 
agencies in developing environmental information. Finally, SPL states 
that CEQ's regulations further provide for DOE/FE to adopt FERC's 
findings, so long as FERC has satisfactorily addressed any comments 
raised by DOE/FE in its role as a cooperating agency.

DOE/FE Evaluation

    The Application will be reviewed pursuant to section 3(a) of the 
NGA, 15 U.S.C. 717b(a). In reviewing the Application, DOE will consider 
any issues required by law or policy. To the extent determined to be 
relevant or appropriate, these issues will include the impact of LNG 
exports associated with this Application on domestic need for the gas 
proposed for export, adequacy of domestic natural gas supply, U.S. 
energy security, and the cumulative impact of the requested 
authorization and any other LNG export application(s) previously 
approved on domestic natural gas supply and demand fundamentals. DOE 
will also consider other relevant issues, including the impact on the 
U.S. economy (GDP), consumers, and industry; job creation; U.S. balance 
of trade; international considerations; and 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. Parties that may oppose this Application should 
address these issues in their comments and/or protests, as well as 
other issues deemed relevant to the Application.
    NEPA 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.
    Due to the complexity of the issues raised by the Applicant, 
interested persons will be provided 60 days from the date of 
publication of this Notice in which to submit comments, protests, 
motions to intervene, notices of intervention, or motions for 
additional procedures.

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. Any person wishing to become a party to the proceeding must 
file a motion to intervene or notice of intervention, as applicable. 
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.
    Filings may be submitted using one of the following methods: (1) 
Emailing the filing to [email protected] with FE Docket No. 13-121-LNG 
in the title line; (2) mailing an original and three paper copies of 
the filing to the Office Oil and Gas Global Security and Supply at the 
address listed in ADDRESSES; or (3) hand delivering an original and 
three paper copies of the filing to the Office of Oil and Gas Global 
Security and Supply at the address listed in ADDRESSES before 4:30 p.m. 
EST. All filings must include a reference to FE

[[Page 8701]]

Docket No. 13-121-LNG. Please Note: If submitting a filing via email, 
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. Any hardcopy filing submitted greater in length 
than 50 pages must also include, at the time of the filing, a digital 
copy on disk of the entire submission.
    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. 
A party seeking intervention may request that additional procedures be 
provided, such as additional written comments, an oral presentation, a 
conference, or trial-type hearing. Any request to file additional 
written comments should explain why they are necessary. Any request for 
an oral presentation should identify the substantial question of fact, 
law, or policy at issue, show that it is material and relevant to a 
decision in the proceeding, and demonstrate why an oral presentation is 
needed. Any request for a conference should demonstrate why the 
conference would materially advance the proceeding. Any request for a 
trial-type hearing must show that there are factual issues genuinely in 
dispute that are relevant and material to a decision, and that a trial-
type hearing is necessary for a full and true disclosure of the facts.
    If an additional procedure is scheduled, notice will be provided to 
all parties. If no party requests additional procedures, a final 
Opinion and 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.
    The Application is available for inspection and copying in the 
Office of Oil and Gas Global Security and Supply docket room, Room 3E-
042, 1000 Independence Avenue SW., Washington, DC 20585. The docket 
room is open between the hours of 8:00 a.m. and 4:30 p.m., Monday 
through Friday, except Federal holidays. The Application and any filed 
protests, motions to intervene or notice of interventions, and comments 
will also be available electronically by going to the following DOE/FE 
Web address: http://www.fe.doe.gov/programs/gasregulation/index.html.

    Issued in Washington, DC, on February 7, 2014.
John A. Anderson,
Director, Division of Natural Gas Regulatory Activities, Office of Oil 
and Gas Global Security and Supply, Office of Oil and Natural Gas.
[FR Doc. 2014-03162 Filed 2-12-14; 8:45 am]
BILLING CODE 6450-01-P