[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Notices]
[Pages 46969-46970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19328]


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DEPARTMENT OF ENERGY

[FE Docket No. 15-38-LNG]


Floridian Natural Gas Storage Company, LLC; Application for Long-
Term, Multi-Contract Authorization To Export Liquefied Natural Gas to 
Non-Free Trade Agreement Nations for a 20-Year Period

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of application.

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SUMMARY: The Office of Fossil Energy (FE) of the Department of Energy 
(DOE) gives notice of receipt of an application (Application), filed on 
February 24, 2015, by Floridian Natural Gas Storage Company, LLC 
(Floridian), requesting long-term, multi-contract authorization to 
export domestically produced liquefied natural gas (LNG) produced from 
domestic sources at its proposed liquefaction and storage facility to 
be constructed and operated in Martin County, Florida (Floridian 
Facility). Floridian requests authorization to export this 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, 
and with which trade is not prohibited by U.S. law or policy (non-FTA 
countries).\1\ Floridian seeks to export the LNG in a volume equivalent 
to approximately 14.6 billion cubic feet per year (Bcf/yr) of natural 
gas (0.04 Bcf per day (Bcf/d)), less the portion of that volume that 
may be under firm contract directly or indirectly to Carib Energy (USA) 
LLC (Carib).\2\ According to Floridian, the LNG will be delivered to 
its customers in approved ISO IMO7/TVAC-ASME LNG (ISO) containers.\3\ 
Floridian's customers (or their customers) will take delivery of the 
ISO containers, which the customers will transport via truck to the 
ports which will be the points of export (including the Port of Palm 
Beach, Port Everglades, Port of Miami, Port Canaveral, Port of Tampa, 
Port Manatee, and Port of Jacksonville, Florida). Upon arrival by truck 
at the point of export, the ISO containers will be loaded onto ocean-
going marine vessels for transport to the destination countries. 
Floridian requests the authorization for a 20-year term to commence on 
the earlier of the date of first export or five years from the date the 
authorization is granted. Floridian 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. The Application was filed under section 3 of the 
Natural Gas Act (NGA). Additional details can be found in Floridian's 
Application, posted on the DOE/FE Web site at: http://www.energy.gov/fe/downloads/floridian-natural-gas-storage-company-llc-fe-dkt-no-15-38-lng.
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    \1\ In the Application, Floridian also requests authorization to 
export LNG to any nation that currently has, or in the future may 
enter into, a FTA requiring national treatment for trade in natural 
gas and with which trade is not prohibited by U.S. law or policy 
(FTA countries). Concurrently with this notice, DOE/FE is granting 
Floridian's requested FTA authorization in DOE/FE Order No. 3691, 
pursuant to NGA Sec.  3(c), 15 U.S.C. 717b(c). See Floridian Natural 
Gas Storage Company, LLC, DOE/FE Order No. 3691, FE Docket No. 15-
38-LNG, Order Granting Long-Term, Multi-Contract Authorization to 
Export Liquefied Natural Gas in ISO Containers Loaded at the 
Proposed Floridian Facility in Martin County, Florida, and Exported 
by Vessel to Free Trade Agreement Nations (July 31, 2015).
    \2\ On September 10, 2014, DOE/FE issued a final LNG export 
order, DOE/FE Order No. 3487, Carib to export LNG from the Floridian 
facility to non-FTA countries in Central America, South America, or 
the Caribbean ``at a volumetric rate not to exceed 14.6 Bcf/yr (0.04 
Bcf/d) of natural gas, which is equivalent to the maximum daily send 
out capacity of natural gas in [its] liquefied state via the . . . 
truck loading station at the Floridian facility . . . .'' Carib 
Energy (USA) LLC, DOE/FE Order No. 3487, FE Docket No. 11-141-LNG, 
Final Order Granting Long-Term Multi-Contract Authorization to 
Export Liquefied Natural Gas in ISO Containers by Vessel to Non-Free 
Trade Agreement Nations in Central America, South America, or the 
Caribbean, at 2-3 (Sept. 10, 2014). Floridian states that, to its 
knowledge, Carib has not yet contracted with either Floridian or any 
Floridian customer holding capacity in the Facility for delivery of 
any volumes of LNG, on either a firm or interruptible basis. 
Nonetheless, by excluding LNG volumes from the Floridian Facility 
that may come under firm contract to Carib pursuant to DOE/FE Order 
No. 3487, Floridian states that its requested authorization would be 
consistent with DOE/FE's policy not to authorize exports that exceed 
the liquefaction capacity at a LNG facility that will be used for 
the proposed export operations. Floridian App. at 2, n.2.
    \3\ Floridian states that it has filed an application with the 
Federal Energy Regulatory Commission (FERC), seeking to amend FERC's 
original certification to scale back certain Phase 1 facilities 
proposed for the Floridian Facility. Floridian App. at 6-7. We note 
that FERC approved this project amendment in an Order Amending 
Certificate issued on July 16, 2015. See Floridian Natural Gas 
Storage Co., LLC, 152 FERC ] 61,041 (2015).
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    Protests, motions to intervene, notices of intervention, and 
written comments are invited.

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, October 5, 
2015.

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,

[[Page 46970]]

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 Benjamin Nussdorf, 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) 586-7991.
Cassandra Bernstein, U.S. Department of Energy (GC-76), Office of the 
Assistant General Counsel for Electricity and Fossil Energy, Forrestal 
Building, 1000 Independence Avenue SW., Washington, DC 20585, (202) 
586-9793.

SUPPLEMENTARY INFORMATION:

DOE/FE Evaluation

    The Application will be reviewed pursuant to section 3(a) of the 
NGA, 15 U.S.C. 717b(a), and DOE will consider any issues required by 
law or policy. To the extent determined to be relevant, these issues 
will include the domestic need for the natural gas proposed to be 
exported, the 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 may also consider other 
factors bearing on the public interest, including the impact of the 
proposed exports on the U.S. economy (including GDP, consumers, and 
industry), job creation, the U.S. balance of trade, and international 
considerations; and whether the authorization is consistent with DOE's 
policy of promoting competition in the marketplace by allowing 
commercial parties to freely negotiate their own trade arrangements. 
Additionally, DOE will consider the following environmental document: 
Addendum to Environmental Review Documents Concerning Exports of 
Natural Gas From the United States, 79 FR 48132 (Aug. 15, 2014).\4\ 
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.
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    \4\ The Addendum and related documents are available at: http://energy.gov/fe/draft-addendum-environmental-review-documents-concerning-exports-natural-gas-united-states.
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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 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. Due to the complexity of the issues raised by the 
Applicant, interested parties will be provided 60 days from the date of 
publication of this Notice in which to submit their comments, protests, 
motions to intervene, or notices of intervention.
    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 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. 15-38-LNG 
in the title line; (2) mailing 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; or (3) hand delivering an original and 
three paper copies of the filing to the Office of Oil and Gas Global 
Supply at the address listed in ADDRESSES. All filings must include a 
reference to FE Docket No. 15-38-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. 
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 
Division of Natural Gas Regulatory Activities 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 July 31, 2015.
John A. Anderson,
Director, Office of Oil and Gas Global Security and Supply, Office of 
Oil and Natural Gas.
[FR Doc. 2015-19328 Filed 8-5-15; 8:45 am]
BILLING CODE 6450-01-P