[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
[Notices]
[Pages 67342-67344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23352]


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DEPARTMENT OF ENERGY

[FE Docket No. 13-132-LNG]


Magnolia LNG, LLC; 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 October 2, 2020, by Magnolia LNG, LLC (Magnolia LNG). Magnolia 
LNG seeks to amend the export term set forth in its current 
authorization to export liquefied natural gas (LNG) to non-free trade 
agreement countries, DOE/FE Order No. 3909, to a term ending on 
December 31, 2050. Magnolia LNG 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, November 6, 
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: On November 30, 2016, in Order No. 3909, 
DOE/FE authorized Magnolia LNG to export domestically produced LNG to 
non-FTA countries in a volume equivalent to 394.2 billion cubic feet 
per year (Bcf/yr) of natural gas (1.08 Bcf per day (Bcf/d)), pursuant 
to NGA section 3(a), 15 U.S.C. 717b(a).\1\ Magnolia LNG is authorized 
to export this LNG by vessel from the proposed Magnolia LNG Project to 
be located near Lake Charles, in Calcasieu Parish, Louisiana, to any 
country with which the United States has not entered into a free trade 
agreement (FTA) requiring national

[[Page 67343]]

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.
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    \1\ Magnolia LNG, LLC, DOE/FE Order No. 3909, FE Docket No. 13-
132-LNG, Opinion and Order Granting Long-Term, Multi-Contract 
Authorization to Export Liquefied Natural Gas by Vessel from the 
Proposed Magnolia LNG Terminal to be Constructed in Lake Charles, 
Louisiana, to Non-Free Trade Agreement Nations (Nov. 30, 2016), 
reh'g denied, DOE/FE Order No. 3909-A (Apr. 2, 2018).
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    Subsequently, on December 31, 2018, Magnolia LNG submitted an 
application to DOE/FE requesting (in relevant part) an amendment to 
Order No. 3909--specifically, to increase the approved non-FTA export 
volume from 394.2 Bcf/yr to 449 Bcf/yr (1.23 Bcf/d) of natural gas 
(2018 Amendment Application).\2\ The 2018 Amendment Application remains 
pending in the above-captioned docket.
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    \2\ Magnolia LNG LLC, Application for Amendment to Long-Term 
Authorizations to Export Liquefied Natural Gas to Non-Free Trade 
Agreement and Free Trade Agreement Nations, FE Docket Nos. 13-132-
LNG, et al. (Dec. 31, 2018) [hereinafter App.]. DOE/FE invited 
public comment on the 2018 Amendment Application and received one 
motion to intervene, protest, and comment opposing Magnolia LNG's 
request.
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    In this Application filed on October 2, 2020,\3\ Magnolia LNG asks 
DOE to extend its current 20-year export term in DOE/FE Order No. 3909 
to a term ending on December 31, 2050, as provided in the Policy 
Statement.\4\ DOE notes that this Application to amend DOE/FE Order No. 
3909 requests only an extension of Magnolia LNG's existing export 
term.\5\
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    \3\ Magnolia LNG, LLC, Consolidated Application to Amend Pending 
Amendment and Amend Existing Authorizations in Order to Increase 
Authorized Export Term Through December 31, 2050, FE Docket Nos. 12-
183-LNG, et al. (Oct. 2, 2020). Magnolia LNG's request regarding its 
FTA authorizations are not subject to this Notice. See 15 U.S.C. 
717b(c).
    \4\ 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].
    \5\ App. at 4. Although Magnolia LNG refers to this Application 
as a ``supplement'' to the 2018 Amendment Application (App. at 5, 
8), DOE/FE construes the Application as a separate request to amend 
DOE/FE Order No. 3909. DOE will evaluate both the current 
Application and the pending 2018 Amendment Application at the 
appropriate time.
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    Additional details can be found in the Application, posted on the 
DOE/FE website at: https://www.energy.gov/sites/prod/files/2020/10/f79/
Magnolia%20LNG%20_%20DOE%20Non-
FTA%20Export%20Extension%20to%202050.pdf.

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 Magnolia LNG'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.

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 Magnolia LNG's long-term non-FTA 
application and the 2018 Amendment 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) E-
mailing the filing to [email protected], with FE Docket No. 13-132-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. 13-132-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 67344]]

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: https://www.energy.gov/fe/services/natural-gas-regulation.

    Signed in Washington, DC, on October 16, 2020.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of 
Fossil Energy.
[FR Doc. 2020-23352 Filed 10-21-20; 8:45 am]
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