[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Notices]
[Pages 60667-60669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21699]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

[Docket No. 22-110-LNG]


NFE Altamira FLNG, S. de R.L. de C.V.; Application for Long-Term, 
Multi-Contract Authorization To Export Domestically Produced Natural 
Gas to Mexico and To Re-Export Liquefied Natural Gas From Mexico to 
Non-Free Trade Agreement Countries

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

ACTION: Notice of application.

-----------------------------------------------------------------------

SUMMARY: The Office of Fossil Energy and Carbon Management (FECM) of 
the Department of Energy (DOE) gives notice (Notice) of receipt of an

[[Page 60668]]

application (Application), filed on September 9, 2022, by NFE Altamira 
FLNG, S. de R.L. de C.V. (NFE Altamira). NFE Altamira requests long-
term, multi-contract authorization to export domestically produced 
natural gas by pipeline to Mexico in a volume up to 158 billion cubic 
feet (Bcf) per year (Bcf/yr), and to re-export 145 Bcf/yr of this 
natural gas as liquefied natural gas (LNG). NFE Altamira seeks to re-
export this LNG by vessel from a proposed floating liquefaction and 
export terminal project, the Altamira FLNG Project (Project), to be 
located off the coast of Altamira Tamaulipas, Mexico, in the Gulf of 
Mexico. NFE Altamira filed the Application under section 3 of 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, December 5, 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: NFE Altamira requests long-term, multi-
contract authorization to export domestically produced natural gas to 
Mexico via the border-crossing facilities of Valley Crossing Pipeline, 
LLC to the proposed Altamira FLNG Project. NFE Altamira states that the 
Project has been proposed by its affiliate, Mexico FLNG S. de R.L. de 
C.V., an indirect wholly-owned subsidiary of New Fortress Energy Inc. 
(NFE Altamira's parent company).
    NFE Altamira seeks to export this natural gas for both consumption 
in Mexico and to convert the natural gas, as well as U.S.-sourced 
volumes for which it acquires title in Mexico, 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 the portion of the Application requesting authority to re-
export of LNG produced from U.S.-sourced natural gas to non-FTA 
countries pursuant to section 3(a) of the NGA.\1\ DOE will review NFE 
Altamira's request for a FTA export authorization separately pursuant 
to NGA section 3(c).\2\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 717b(a).
    \2\ 15 U.S.C. 717b(c).
---------------------------------------------------------------------------

    NFE Altamira seeks the authorization on its own behalf and as agent 
for other entities that will hold title to the natural gas or LNG at 
the point of export or re-export, respectively. NFE Altamira 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.
    Additional details can be found in NFE Altamira's Application, 
posted on the DOE website at: www.energy.gov/sites/default/files/2022-09/22-110-LNG.pdf.

DOE Evaluation

    In reviewing the Application, 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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \5\ The Addendum and related documents are available at: https://energy.gov/fe/draft-addendum-environmental-review-documents-concerning-exports-natural-gas-united-states.
---------------------------------------------------------------------------

     Life Cycle Greenhouse Gas Perspective on Exporting 
Liquefied Natural Gas From the United States, 79 FR 32260 (June 4, 
2014); \6\ and
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

     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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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

[[Page 60669]]

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. 22-110-LNG'' or ``NFE Altamira FLNG 
Application'' 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 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: 
www.energy.gov/fecm/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 and responses filed by parties pursuant to this Notice, in 
accordance with 10 CFR 590.316.

    Signed in Washington, DC, on September 30, 2022.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of 
Resource Sustainability.
[FR Doc. 2022-21699 Filed 10-5-22; 8:45 am]
BILLING CODE 6450-01-P