[Federal Register Volume 85, Number 192 (Friday, October 2, 2020)]
[Notices]
[Pages 62289-62291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21846]


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DEPARTMENT OF ENERGY

[FE Docket No. 18-144-LNG]


ECA Liquefaction, S. de R.L. de C.V.; Application To Amend Export 
Term Through December 31, 2050, for Existing Non-Free Trade Agreement 
Authorization

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 18, 2020, by ECA Liquefaction, S. de R.L. de C.V. 
(ECA Liquefaction). ECA Liquefaction seeks to amend the export term set 
forth in its current authorization, DOE/FE Order No. 4364, to a term 
ending on December 31, 2050. Under Order No. 4364, ECA Liquefaction is 
authorized to re-export U.S.-sourced natural gas in the form of 
liquefied natural gas (LNG) from its proposed Mid-Scale Project to be 
located in Mexico to non-free trade agreement countries. ECA 
Liquefaction 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 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 19, 
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,

[[Page 62290]]

[email protected] or [email protected].

SUPPLEMENTARY INFORMATION: DOE/FE issued Order No. 4364 to 
Energ[iacute]a Costa Azul, S. de R.L. de C.V. on March 29, 2019, and 
subsequently approved the transfer of the order to the current 
authorization holder, ECA Liquefaction.\1\ Under Order No. 4364, ECA 
Liquefaction is authorized to re-export U.S.-sourced natural gas in the 
form of LNG in a volume equivalent to 161 billion cubic feet per year 
of natural gas, pursuant to NGA section 3(a), 15 U.S.C. 717b(a). ECA 
Liquefaction is authorized to re-export this LNG by vessel from the 
proposed ECA Mid-Scale Project, to be located north of Ensenada, Baja 
California, Mexico, 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,\2\ ECA Liquefaction asks DOE to extend its current export 
term to a term ending on December 31, 2050, as provided in the Policy 
Statement.\3\ Additional details can be found in the Application, 
posted on the DOE/FE website at: https://www.energy.gov/sites/prod/files/2020/09/f79/ECA%20Liquefaction%20-%20Application%20for%20Term%20Extensions%2018-144-LNG.pdf.
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    \1\ ECA Liquefaction, S. de R.L. de C.V., DOE/FE Order No. 4364, 
FE Docket No. 18-144-LNG, Opinion and Order Granting Long-Term 
Authorization to Re-Export U.S.-Sourced Natural Gas in the Form of 
Liquefied Natural Gas from Mexico to Non-Free Trade Agreement 
Countries (ECA Mid-Scale Project) (Mar. 29, 2019), amended by DOE/FE 
Order No. 4364-A (Oct. 7, 2019) (transferring authorization from 
Energ[iacute]a Costa Azul, S. de R.L. de C.V. to ECA Liquefaction, 
S. de R.L. de C.V.).
    \2\ ECA Liquefaction, S. de R.L. de C.V., Application to Amend 
Export Term for Existing Long-Term Authorizations Through December 
31, 2050, FE Docket No. 18-144-LNG (Sept. 18, 2020). ECA 
Liquefaction is currently authorized under a separate order (DOE/FE 
Order No. 4317) to export domestically produced natural gas to 
Mexico and to re-export the natural gas in the form of LNG to FTA 
countries. ECA Liquefaction's request regarding its FTA 
authorization is not subject to this Notice. See 15 U.S.C. 717b(c).
    \3\ 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.\4\ 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.\5\ 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.'' \6\
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    \4\ See id., 85 FR 52247.
    \5\ See id., 85 FR 52247.
    \6\ Id., 85 FR 52247.
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    Accordingly, in reviewing ECA Liquefaction'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),\7\ DOE's 
response to public comments received on that Study,\8\ and the 
following environmental documents:
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    \7\ 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.
    \8\ 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); \9\
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    \9\ 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); \10\ and
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    \10\ 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.\11\
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    \11\ 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 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 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 ECA Liquefaction's long-term non-
FTA application. 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 No. 18-144-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. 18-144-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

[[Page 62291]]

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 29, 2020.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of 
Fossil Energy.
[FR Doc. 2020-21846 Filed 10-1-20; 8:45 am]
BILLING CODE 6450-01-P