[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Notices]
[Pages 18946-18947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06937]


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DEPARTMENT OF ENERGY

[FE Docket Nos. 13-04-LNG, 16-109-LNG]


Lake Charles LNG Export Company, 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.

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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 for amendment 
(Application), filed on March 4, 2020, by Lake Charles LNG Export 
Company, LLC (Lake Charles LNG Export). Lake Charles LNG Export 
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. 3868 and 4010. Specifically, 
Lake Charles LNG Export seeks to amend the commencement of operations 
deadline in each order. Lake Charles LNG Export 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 Lake Charles LNG Export 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.
     In DOE/FE Order No. 3868 (FE Docket No. 13-04-LNG), Lake 
Charles LNG Export is authorized to export LNG in a volume equivalent 
to 730 billion cubic per year (Bcf/yr) of natural gas.\1\
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    \1\ Lake Charles LNG Export Co., LLC, DOE/FE Order No. 3868, FE 
Docket No. 13-04-LNG, 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).
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     In DOE/FE Order No. 4010 (FE Docket No. 16-109-LNG), Lake 
Charles LNG Export is authorized to export LNG in a volume equivalent 
to 121 Bcf/yr of natural gas.\2\
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    \2\ Lake Charles LNG Export Co., LLC, DOE/FE Order No. 4010, FE 
Docket No. 16-109-LNG, Opinion and Order Granting Long-Term, Multi-
Contract Authorization to Export Liquefied Natural Gas by Vessel 
from the Lake Charles Terminal in Lake Charles, Louisiana, to Free 
Trade Agreement and Non-Free Trade Agreement Nations (June 29, 
2017).
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    In the Application, Lake Charles LNG Export seeks to amend the 
existing commencement of operations deadline in both orders as follows:
     In DOE/FE Order No. 3868, to extend the commencement 
deadline from July 29, 2023, to December 16, 2025; and
     In DOE/FE Order No. 4010, to extend the commencement 
deadline from June 29, 2024, to December 16, 2025.\3\
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    \3\ Lake Charles LNG Export Co., 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. 13-04-LNG & 16-109-LNG, at 1-4 (Mar. 4, 2020). The Application 
also applies to Lake Charles LNG Export's existing FTA orders in FE 
Docket Nos. 13-04-LNG and 16-109-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).
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    In support of this Application, Lake Charles LNG Export states 
that, on December 5, 2019, the Federal Energy Regulatory Commission 
(FERC) issued an order granting Lake Charles LNG Export's request for 
an extension of time until December 16, 2025, to construct the Lake 
Charles Terminal liquefaction facilities (FERC Extension Order). Lake 
Charles LNG Export requests that DOE/FE amend Order Nos. 3868 and 4010 
so that Lake Charles LNG Export must commence export operations using 
the planned liquefaction facilities no later than December 16, 2025--to 
align with the FERC Extension Order. Lake Charles LNG Export 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/LCLNG%20Final%20Amendment%20Application.pdf.

DOE/FE Evaluation

    In reviewing Lake Charles LNG Export'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

[[Page 18947]]

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\
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    \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).
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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); \6\
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    \6\ 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); \7\ and
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    \7\ 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.\8\
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    \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.
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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 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. 13-04-LNG 
and 16-109-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. 13-
04-LNG and 16-109-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 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. 2020-06937 Filed 4-2-20; 8:45 am]
BILLING CODE 6450-01-P