[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Notices]
[Pages 18944-18946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06936]


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

DEPARTMENT OF ENERGY

[FE Docket Nos. 11-59-LNG, 16-110-LNG]


Lake Charles Exports, LLC; Application To Amend Existing Long-
Term Authorizations To Export Liquefied Natural Gas to Non-Free Trade 
Agreement Countries

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 (Notice) of receipt of an application for amendment 
(Application), filed on March 4, 2020, by Lake Charles Exports, LLC 
(LCE). LCE requests to amend its existing authorizations to export 
domestically produced liquefied natural gas (LNG) to non-free trade 
agreement countries set forth in DOE/FE Order Nos. 3324-A and 4011. 
Specifically, LCE seeks to amend the commencement of operations 
deadline in each order. LCE 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 20, 
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:
Benjamin Nussdorf 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) 586-7893; (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: In each of the above-captioned dockets, DOE/
FE has issued an order authorizing LCE to export domestically produced 
LNG by vessel from the Lake Charles Terminal, located in Lake Charles, 
Louisiana, 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) for a 20-year term.

[[Page 18945]]

     In DOE/FE Order No. 3324-A (FE Docket No. 11-59-LNG), LCE 
is authorized to export LNG in a volume equivalent to 730 billion cubic 
per year (Bcf/yr) of natural gas.\1\
---------------------------------------------------------------------------

    \1\ Lake Charles Exports, LLC, DOE/FE Order No. 3324-A, FE 
Docket No. 11-59-LNG, Final Opinion and Order Granting Long-Term, 
Multi-Contract Authorization to Export Liquefied Natural Gas by 
Vessel from the Lake Charles Terminal Located in Calcasieu Parish, 
Louisiana, to Non-Free Trade Agreement Nations (July 29, 2016).
---------------------------------------------------------------------------

     In DOE/FE Order No. 4011 (FE Docket No. 16-110-LNG), LCE 
is authorized to export LNG in a volume equivalent to 121 Bcf/yr of 
natural gas.\2\
---------------------------------------------------------------------------

    \2\ Lake Charles Exports, LLC, DOE/FE Order No. 4011, FE Docket 
No. 16-110-LNG, Opinion and Order Granting Long-Term, Multi-Contract 
Authorization to Export Liquefied Natural Gas by Vessel from the 
Lake Charles Terminal Located in Lake Charles, Louisiana, to Free 
Trade Agreement and Non-Free Trade Agreement Nations (June 29, 
2017).
---------------------------------------------------------------------------

    In the Application, LCE seeks to amend the existing commencement of 
operations deadline in both orders as follows:
     In DOE/FE Order No. 3324-A, to extend the commencement 
deadline from July 29, 2023, to December 16, 2025; and
     In DOE/FE Order No. 4011, to extend the commencement 
deadline from June 29, 2024, to December 16, 2025.\3\
---------------------------------------------------------------------------

    \3\ Lake Charles Exports, LLC, Application for Amendment to 
Long-Term Authorizations to Export Liquefied Natural Gas to Free 
Trade Agreement and Non-Free Trade Agreement Countries, FE Docket 
Nos. 11-59-LNG & 16-110-LNG, at 1-4 (Mar. 4, 2020). The Application 
also applies to LCE's existing FTA orders in FE Docket Nos. 11-59-
LNG and 16-110-LNG, but DOE/FE will address the FTA portions of the 
Application separately pursuant to NGA section 3(c), 15 U.S.C. 
717b(c).
---------------------------------------------------------------------------

    In support of this Application, LCE states that, on December 5, 
2019, the Federal Energy Regulatory Commission (FERC) issued an order 
granting LCE's request for an extension of time until December 16, 
2025, to construct the Lake Charles Terminal liquefaction facilities 
(FERC Extension Order). LCE requests that DOE/FE amend Order Nos. 3324-
A and 4011 so that LCE must commence export operations using the 
planned liquefaction facilities no later than December 16, 2025--to 
align with the FERC Extension Order. LCE also identifies the actions it 
has taken to date to proceed with the construction and operation of the 
Lake Charles Terminal liquefaction facilities. Additional details can 
be found in the Application, posted on the DOE/FE website at: https://www.energy.gov/sites/prod/files/2020/03/f72/LCE%20Final%20Amendment%20Application.pdf.

DOE/FE Evaluation

    In reviewing LCE's Application, 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),\4\ and DOE/FE's response to public comments received on that 
Study.\5\
---------------------------------------------------------------------------

    \4\ 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.
    \5\ 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).
---------------------------------------------------------------------------

    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); \6\
---------------------------------------------------------------------------

    \6\ The Addendum and related documents are available at: http://energy.gov/fe/draft-addendum-environmental-review-documents-concerning-exports-natural-gas-united-states.
---------------------------------------------------------------------------

     Life Cycle Greenhouse Gas Perspective on Exporting 
Liquefied Natural Gas From the United States, 79 FR 32260 (June 4, 
2014); \7\ and
---------------------------------------------------------------------------

    \7\ The Life Cycle Greenhouse Gas Report is available at: http://energy.gov/fe/life-cycle-greenhouse-gas-perspective-exporting-liquefied-natural-gas-united-states.
---------------------------------------------------------------------------

     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.\8\
---------------------------------------------------------------------------

    \8\ 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.
---------------------------------------------------------------------------

    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 15 days from the date 
of publication of this Notice in which to submit comments, protests, 
motions to intervene, or notices of intervention. DOE/FE will disregard 
comments or protests that do not bear directly on the Application.
    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 Nos. 11-59-LNG 
and 16-110-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 Nos. 11-
59-LNG and 16-110-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

[[Page 18946]]

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 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.

    Signed in Washington, DC, on March 30, 2020.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of 
Fossil Energy.
[FR Doc. 2020-06936 Filed 4-2-20; 8:45 am]
BILLING CODE 6450-01-P