[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Notices]
[Pages 29151-29152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10168]


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DEPARTMENT OF ENERGY

[Docket No. 22-39-LNG]


New Fortress Energy Louisiana FLNG LLC; Application for Long-Term 
Authorization To Export Liquefied Natural Gas to Non-Free Trade 
Agreement Nations

AGENCY: Office of Fossil Energy and Carbon Management, Department of 
Energy.

ACTION: Notice of application.

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SUMMARY: The Office of Fossil Energy and Carbon Management (FECM) of 
the Department of Energy (DOE) gives notice (Notice) of receipt of an 
application (Application), filed by New Fortress Energy Louisiana FLNG 
LLC (New Fortress Energy) on March 30, 2022, and supplemented on April 
22, 2022. New Fortress Energy requests long-term, multi-contract 
authorization to export domestically produced liquefied natural gas 
(LNG) in a volume equivalent to 145 billion cubic feet per year (Bcf/
yr) of natural gas from its proposed deepwater port export terminal 
project, the New Fortress Energy Louisiana FLNG Project (Project), to 
be located off the southeast coast of Grand Isle, Louisiana. New 
Fortress Energy filed the Application under the Natural Gas Act (NGA).

DATES: Protests, motions to intervene, or notices of intervention, as 
applicable, and written comments are to be filed electronically as 
detailed in the Public Comment Procedures section no later than 4:30 
p.m., Eastern time, July 11, 2022.

ADDRESSES: 
Electronic Filing by email: [email protected].

    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including postal mail and hand 
delivery/courier, DOE has found it necessary to make temporary 
modifications to the comment submission process in light of the ongoing 
Covid-19 pandemic. DOE is currently accepting only electronic 
submissions at this time. If a commenter finds that this change poses 
an undue hardship, please contact Office of Resource Sustainability 
staff at (202) 586-4749 or (202) 586-7893 to discuss the need for 
alternative arrangements. Once the Covid-19 pandemic health emergency 
is resolved, DOE anticipates resuming all of its regular options for 
public comment submission, including postal mail and hand delivery/
courier.

FOR FURTHER INFORMATION CONTACT: 

Jennifer Wade or Peri Ulrey, U.S. Department of Energy (FE-34), Office 
of Regulation, Analysis, and Engagement, Office of Resource 
Sustainability, Office of Fossil Energy and Carbon Management, 
Forrestal Building, Room 3E-042, 1000 Independence Avenue SW, 
Washington, DC 20585, (202) 586-4749 or (202) 586-7893, 
[email protected] or [email protected].
Cassandra Bernstein, U.S. Department of Energy (GC-76), Office of the 
Assistant General Counsel for Energy Delivery and Resilience, Forrestal 
Building, Room 6D-033, 1000 Independence Avenue SW, Washington, DC 
20585, (202) 586-9793, [email protected].

SUPPLEMENTARY INFORMATION: New Fortress Energy requests authorization 
to export domestically produced LNG from its proposed Project to be 
located in West Delta Block 38 off the southeast coast of Grand Isle, 
Louisiana. New Fortress Energy seeks to export this LNG in a volume 
equivalent to 145 Bcf/yr of natural gas (equivalent to approximately 
2.8 million metric tons per annum) on a non-additive basis 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 the portion of the Application requesting authority to export 
LNG to non-FTA countries pursuant to section 3(a) of the NGA.\1\ DOE 
will review New Fortress Energy's request for a FTA export 
authorization separately pursuant to NGA section 3(c).\2\
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    \1\ 15 U.S.C. 717b(a).
    \2\ 15 U.S.C. 717b(c).
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    New Fortress Energy seeks to export this LNG on its own behalf and 
as agent for other entities that hold title to the LNG at the point of 
export. New Fortress Energy requests the authorization for a term to 
commence on the date of first export following the commencement of 
commercial operation of the Project, and to extend through December 31, 
2050.
    New Fortress Energy states that the Project will be a deepwater 
port under the Deepwater Port Act of 1974, as amended (DWPA). New 
Fortress Energy states that it is concurrently filing an

[[Page 29152]]

application for a license to construct, own, and operate the Project 
pursuant to the DWPA, in accordance with the United States Coast 
Guard's and the Maritime Administration's implementing regulations.
    Additional details can be found in New Fortress Energy's 
Application and supplement, posted on the DOE website at:
    https://www.energy.gov/sites/default/files/2022-04/22-39-LNG.pdf.
    https://www.energy.gov/sites/default/files/2022-04/NFE%20Supplemental%20Transmittal.pdf.

DOE Evaluation

    In reviewing the Application, as supplemented, 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),\3\ and DOE's response to public comments 
received on that Study.\4\
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    \3\ See NERA Economic Consulting, Macroeconomic Outcomes of 
Market Determined Levels of U.S. LNG Exports (June 7, 2018), 
available at: www.energy.gov/sites/prod/files/2018/06/f52/Macroeconomic%20LNG%20Export%20Study%202018.pdf.
    \4\ 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); \5\
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    \5\ The Addendum and related documents are available at: https://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); \6\ and
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    \6\ The 2014 Life Cycle Greenhouse Gas Report is available at: 
https://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's response to public comments received on 
that study.\7\
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    \7\ 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 60 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, including the service requirements.
    As noted, DOE is only accepting electronic submissions at this 
time. Please email the filing to [email protected]. All filings must 
include a reference to ``Docket No. 22-39-LNG'' or ``New Fortress 
Energy Louisiana FLNG LLC'' in the title line.
    Please Note: 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.
    The Application, as supplemented, and any filed protests, motions 
to intervene, notices of interventions, and comments will also be 
available electronically by going to the following DOE Web address: 
https://www.energy.gov/fecm/division-natural-gas-regulation.
    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, as supplemented, and responses filed by parties pursuant 
to this Notice, in accordance with 10 CFR 590.316.

    Signed in Washington, DC, on May 6, 2022.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of 
Resource Sustainability.
[FR Doc. 2022-10168 Filed 5-11-22; 8:45 am]
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