[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Notices]
[Pages 60986-60988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21511]


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DEPARTMENT OF ENERGY

[FE Docket Nos. 10-161-LNG, 11-161-LNG, 16-108-LNG]


Freeport LNG Expansion, L.P.; FLNG Liquefaction, LLC; FLNG 
Liquefaction 2, LLC; and FLNG Liquefaction 3, LLC; Application To Amend 
Export Term Through December 31, 2050, for Existing Non-Free Trade 
Agreement Authorizations

AGENCY: Office of Fossil Energy, Department of Energy.

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 September 9, 2020, by Freeport LNG Expansion, L.P.; FLNG 
Liquefaction, LLC; FLNG Liquefaction 2, LLC; and FLNG Liquefaction 3, 
LLC (collectively, FLEX). FLEX seeks to amend the export term set forth 
in its current authorizations to export liquefied natural gas (LNG) to 
non-free trade agreement countries, DOE/FE Order Nos. 3282-C, 3357-B, 
and 3957, to a term ending on December 31, 2050. FLEX filed the 
Application under the Natural Gas Act (NGA) and DOE's policy statement 
entitled, ``Extending Natural Gas Export Authorizations to Non-Free 
Trade Agreement Countries Through the Year 2050'' (Policy Statement). 
Protests, motions to intervene, notices of intervention, and

[[Page 60987]]

written comments on the requested term extension 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 14, 
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 or Edward Toyozaki,U.S. Department of Energy (GC-
76), Office of the Assistant General Counsel for Electricity and Fossil 
Energy, Forrestal Building, Room 6D-033, 1000 Independence Avenue SW, 
Washington, DC 20585, (202) 586-9793; (202) 586-0126, 
[email protected] or [email protected]

SUPPLEMENTARY INFORMATION: FLEX is currently authorized by DOE/FE to 
export domestically produced LNG in a total volume equivalent to 782 
billion cubic feet per year (Bcf/yr) of natural gas, pursuant to NGA 
section 3(a), 15 U.S.C. 717b(a), under the following orders:
    (i) 511 Bcf/yr under Order No. 3282-C (FE Docket No. 10-161-LNG); 
\1\
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    \1\ Freeport LNG Expansion, L.P., et al., DOE/FE Order No. 3282-
C, FE Docket No. 10-161-LNG, Final Opinion and Order Granting Long-
Term Multi-Contract Authorization to Export Liquefied Natural Gas by 
Vessel from the Freeport LNG Terminal on Quintana Island, Texas, to 
Non-Free Trade Agreement Nations (Nov. 14, 2014).
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    (ii) 146 Bcf/yr under Order No. 3357-B (FE Docket No. 11-161-LNG); 
\2\ and
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    \2\ Freeport LNG Expansion, L.P., et al., DOE/FE Order No. 3357-
B, FE Docket No. 11-161-LNG, Final Opinion and Order Granting Long-
Term Multi-Contract Authorization to Export Liquefied Natural Gas by 
Vessel from the Freeport LNG Terminal on Quintana Island, Texas, to 
Non-Free Trade Agreement Nations (Nov. 14, 2014).
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    (iii) 125 Bcf/yr under Order No. 3957 (FE Docket No. 16-108-
LNG).\3\
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    \3\ Freeport LNG Expansion, L.P., et al., DOE/FE Order No. 3957, 
FE Docket No. 16-108-LNG, Opinion and Order Granting Long-Term, 
Multi-Contract Authorization to Export Liquefied Natural Gas by 
Vessel from the Freeport LNG Terminal on Quintana Island, Texas, to 
Non-Free Trade Agreement Nations (Dec. 19, 2016).
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    Under each order, FLEX is authorized to export the LNG by vessel 
from the Freeport LNG Terminal, located on Quintana Island near 
Freeport, Texas, 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 the 
Application,\4\ FLEX asks DOE to extend its export term in each of 
these three orders to a term ending on December 31, 2050, as provided 
in the Policy Statement.\5\ Additional details can be found in the 
Application, posted on the DOE/FE website at: https://www.energy.gov/sites/prod/files/2020/09/f78/Freeport%20DOE%20Extension%20Application.pdf.
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    \4\ Freeport LNG Expansion, L.P., et al., Application to Amend 
Export Term for Existing Long-Term Authorizations Through December 
31, 2050, FE Docket Nos. 10-160-LNG, et al. (Sept. 9, 2020). FLEX's 
requests regarding its FTA authorizations are not subject to this 
Notice. See 15 U.S.C. 717b(c).
    \5\ U.S. Dep't of Energy, Extending Natural Gas Export 
Authorizations to Non-Free Trade Agreement Countries Through the 
Year 2050; Notice of Final Policy Statement and Response to 
Comments, 85 FR 52237 (Aug. 25, 2020) [hereinafter Policy 
Statement].
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DOE/FE Evaluation

    In the Policy Statement, DOE adopted a term through December 31, 
2050 (inclusive of any make-up period), as the standard export term for 
long-term non-FTA authorizations.\6\ As the basis for its decision, DOE 
considered its obligations under NGA section 3(a), the public comments 
supporting and opposing the proposed Policy Statement, and a wide range 
of information bearing on the public interest.\7\ DOE explained that, 
upon receipt of an application under the Policy Statement, it would 
conduct a public interest analysis of the application under NGA section 
3(a). DOE further stated that ``the public interest analysis will be 
limited to the application for the term extension--meaning an 
intervenor or protestor may challenge the requested extension but not 
the existing non-FTA order.'' \8\
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    \6\ See id., 85 FR 52247.
    \7\ See id., 85 FR 52247.
    \8\ Id., 85 FR 52247.
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    Accordingly, in reviewing FLEX's Application, DOE/FE will consider 
any issues required by law or policy under NGA section 3(a), as 
informed by the Policy Statement. To the extent appropriate, DOE will 
consider the study entitled, Macroeconomic Outcomes of Market 
Determined Levels of U.S. LNG Exports (2018 LNG Export Study),\9\ DOE's 
response to public comments received on that Study,\10\ and the 
following environmental documents:
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    \9\ 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.
    \10\ 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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     Addendum to Environmental Review Documents Concerning 
Exports of Natural Gas From the United States, 79 FR 48132 (Aug. 15, 
2014); \11\
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    \11\ 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); \12\ and
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    \12\ 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.\13\
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    \13\ 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 the Application should address these issues 
and documents in their comments and/or 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

[[Page 60988]]

motion to intervene or notice of intervention, as applicable, 
addressing the Application. 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. 
The public previously was given an opportunity to intervene in, 
protest, and comment on FLEX's long-term non-FTA applications. 
Therefore, DOE will not consider comments or protests that do not bear 
directly on the requested term extension.
    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. 10-161-
LNG, 11-161-LNG, and 16-108-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. 10-161-LNG, 11-161-LNG, and 16-108-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. 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 September 24, 2020.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of 
Fossil Energy.
[FR Doc. 2020-21511 Filed 9-28-20; 8:45 am]
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