[Federal Register Volume 85, Number 61 (Monday, March 30, 2020)]
[Notices]
[Pages 17568-17569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06512]


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DEPARTMENT OF ENERGY

[FE Docket No. 20-23-LNG]


Port Arthur LNG Phase II, LLC; Application for Long-Term, Multi-
Contract Authorization To Export Liquefied Natural Gas to Non-Free 
Trade Agreement Nations

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 (Notice) of receipt of an application (Application), 
filed on February 28, 2020, by Port Arthur LNG Phase II, LLC (PALNG 
Phase II). The Application requests long-term, multi-contract 
authorization to export domestically produced liquefied natural gas 
(LNG) in a volume equivalent to approximately 698 billion cubic feet 
per year (Bcf/yr) of natural gas. PALNG Phase II seeks to export this 
LNG from two proposed LNG trains, Trains 3 and 4 (the Expansion 
Project), to be built at the proposed Port Arthur LNG terminal in 
Jefferson County, Texas. PALNG Phase II filed the Application under 
section 3 of the Natural Gas Act (NGA). 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, April 29, 
2020.

ADDRESSES: 
    Electronic Filing by email: [email protected].
    Regular Mail: U.S. Department of Energy (FE-34), Office of 
Regulation, Analysis, and Engagement, 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 Regulation, 
Analysis, and Engagement, Office of Fossil Energy, Forrestal Building, 
Room 3E-042, 1000 Independence Avenue SW, Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT: 
Kyle W. Moorman or Amy Sweeney, U.S. Department of Energy (FE-34), 
Office of Regulation, Analysis, and Engagement, Office of Fossil 
Energy, Forrestal Building, Room 3E-042, 1000 Independence Avenue SW, 
Washington, DC 20585, (202) 586-7970 or (202) 586-2627, 
[email protected] or [email protected]

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, [email protected]

SUPPLEMENTARY INFORMATION: PALNG Phase II requests long-term, multi-
contract authorization to export LNG from Trains 3 and 4 (the Expansion 
Project) that PALNG Phase II is proposing to construct, own, and 
operate at the Port Arthur LNG terminal. PALNG Phase II's affiliate, 
Port Arthur LNG, LLC, previously received approval from the Federal 
Energy Regulatory Commission (FERC) to construct the Port Arthur LNG 
terminal, where Port Arthur LNG, LLC plans to build Trains 1 and 2 (the 
Base Project).
    PALNG Phase II requests authority to export LNG in a volume up to 
13.5 million metric tons per annum (mtpa), which it states is 
equivalent to approximately 698 Bcf/yr of natural gas. PALNG Phase II 
requests authorization to export the LNG to: (i) Any nation with which 
the United States has entered into a free trade agreement (FTA) 
requiring national treatment for trade in natural gas (FTA nations), 
and (ii) any other nation with which trade is not prohibited by U.S. 
law or policy (non-FTA nations). This Notice applies only to the 
portion of the Application requesting authority to export LNG to non-
FTA countries pursuant to section 3(a) of the NGA, 15 U.S.C. 717b(a). 
DOE/FE will review PALNG Phase II's request for a FTA export 
authorization separately pursuant to section 3(c) of the NGA, 15 U.S.C. 
717b(c).
    PALNG Phase II requests the authorization on its own behalf and as 
agent for other entities that will hold title to the LNG at the point 
of export. PALNG Phase II further requests that the authorization: (i) 
Commence on the earlier of the date of first export or seven years from 
the issuance of the requested authorization, and (ii) terminate on the 
later of the date that is 20 years from the date of the commencement of 
the term or December 31, 2050. Additional details can be found in PALNG 
Phase II's Application, posted on the DOE/FE website at: https://
www.energy.gov/fe/

[[Page 17569]]

downloads/port-arthur-lng-phase-ii-llc-fe-dkt-no-20-23-lng.

DOE/FE Evaluation

    In reviewing PALNG Phase II's request, DOE will consider any issues 
required by law or policy. DOE will consider domestic need for the 
natural gas, as well as any other issues determined to be appropriate, 
including 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. As part of this 
analysis, DOE will consider the study entitled, Macroeconomic Outcomes 
of Market Determined Levels of U.S. LNG Exports (2018 LNG Export 
Study),\1\ and DOE/FE's response to public comments received on that 
Study.\2\
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    \1\ See NERA Economic Consulting, Macroeconomic Outcomes of 
Market Determined Levels of U.S. LNG Exports (June 7, 2018), 
available at: https://www.energy.gov/sites/prod/files/2018/06/f52/Macroeconomic%20LNG%20Export%20Study%202018.pdf.
    \2\ U.S. Dep't of Energy, Study on Macroeconomic Outcomes of LNG 
Exports: Response to Comments Received on Study; Notice of Response 
to Comments, 83 FR 67251 (Dec. 28, 2018).
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    Additionally, DOE will consider the following environmental 
documents:
     Addendum to Environmental Review Documents Concerning 
Exports of Natural Gas From the United States, 79 FR 48132 (Aug. 15, 
2014); \3\
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    \3\ 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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     Life Cycle Greenhouse Gas Perspective on Exporting 
Liquefied Natural Gas From the United States, 79 FR 32260 (June 4, 
2014); \4\ and
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    \4\ The 2014 Life Cycle Greenhouse Gas Report is available at: 
http://energy.gov/fe/life-cycle-greenhouse-gas-perspective-exporting-liquefied-natural-gas-united-states.
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     Life Cycle Greenhouse Gas Perspective on Exporting 
Liquefied Natural Gas From the United States: 2019 Update, 84 FR 49278 
(Sept. 19, 2019), and DOE/FE's response to public comments received on 
that study.\5\
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    \5\ U.S. Dep't of Energy, Life Cycle Greenhouse Gas Perspective 
on Exporting Liquefied Natural Gas From the United States: 2019 
Update--Response to Comments, 85 FR 72 (Jan. 2, 2020). The 2019 
Update and related documents are available at: https://fossil.energy.gov/app/docketindex/docket/index/21.
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    Parties that may oppose this Application should address these 
issues and documents in their comments and protests, as well as other 
issues deemed relevant to the 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 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. Interested parties will be provided 30 days from the date 
of publication of this Notice in which to submit 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. 20-23-LNG 
in the title line; (2) mailing an original and three paper copies of 
the filing to the Office of Regulation, Analysis, and Engagement at the 
address listed in ADDRESSES; or (3) hand delivering an original and 
three paper copies of the filing to the Office of Regulation, Analysis, 
and Engagement at the address listed in ADDRESSES. All filings must 
include a reference to FE Docket No. 20-23-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 
Office of Regulation, Analysis, and Engagement 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, notices 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.

    Signed in Washington, DC, on March 24, 2020.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of Oil 
and Natural Gas.
[FR Doc. 2020-06512 Filed 3-27-20; 8:45 am]
 BILLING CODE 6450-01-P