[Federal Register Volume 85, Number 80 (Friday, April 24, 2020)]
[Notices]
[Pages 23013-23014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08725]


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DEPARTMENT OF ENERGY

[FE Docket No. 20-31-LNG]


Epcilon LNG LLC; Application for Long-Term, Multi-Contract 
Authorization To Export Domestically Produced Natural Gas Through 
Mexico to Non-Free Trade Agreement Countries After Liquefaction To 
Liquefied Natural Gas

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 March 23, 2020, by Epcilon LNG LLC (Epcilon). The Application 
requests long-term, multi-contract authorization to export domestically 
produced natural gas to Mexico in a volume up to 395 billion cubic feet 
(Bcf) per year (Bcf/yr) (1.083 Bcf per day), and to re-export a portion 
of this natural gas as liquefied natural gas (LNG). Epcilon seeks to 
re-export this LNG from the proposed AMIGO LNG production and storage 
facility to be located in the state of Sonora, Mexico (the LNG 
Facility). Epcilon 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, May 26, 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 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:  Epcilon requests long-term, multi-contract 
authorization to export domestically produced natural gas to Mexico for 
both consumption in Mexico and to convert the natural gas to LNG for 
re-export 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 Epcilon's proposed export of LNG produced 
from U.S.-sourced natural gas to non-FTA countries, pursuant to section 
3(a) of the NGA, 15 U.S.C. 717b(a). DOE/FE will review Epcilon's 
request for a FTA export authorization separately pursuant to section 
3(c) of the NGA, 15 U.S.C. 717b(c).
    Epcilon 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. Epcilon is seeking the non-FTA authorization for a 20-year 
term, commencing on the earlier of the date of first export or seven 
years from the date of the requested authorization. Additional details 
can be found in Epcilon's Application, posted on the DOE/FE website at: 
https://www.energy.gov/fe/downloads/epcilon-lng-llc-fe-dkt-no-20-31-lng.

DOE/FE Evaluation

    In reviewing Epcilon'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:

[[Page 23014]]

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. 20-31-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. 20-31-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 April 20, 2020.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of Oil 
and Natural Gas.
[FR Doc. 2020-08725 Filed 4-23-20; 8:45 am]
 BILLING CODE 6450-01-P