[Federal Register Volume 87, Number 242 (Monday, December 19, 2022)]
[Notices]
[Pages 77585-77587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27389]


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DEPARTMENT OF ENERGY

[Docket No. 15-96-LNG]


Port Arthur LNG, LLC; Request for Extension for Long-Term 
Authorization To Export Liquefied Natural Gas

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

ACTION: Notice of request.

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SUMMARY: The Office of Fossil Energy and Carbon Management (FECM) 
(formerly the Office of Fossil Energy) of the Department of Energy 
(DOE) gives notice (Notice) of receipt of a request (Request), filed by 
Port Arthur LNG, LLC (PALNG) on November 18, 2022, and supplemented on 
November 22, 2022. PALNG requests an amendment to its existing 
authorization to export domestically produced liquefied natural gas 
(LNG) to non-free trade agreement countries set forth in DOE/FE Order 
No. 4372 (as amended)--specifically, an extension to commence its 
commercial export operations. PALNG filed its request under the Natural 
Gas Act (NGA). Protests, motions to intervene, notices of intervention, 
and written comments are invited.

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, January 3, 2023.

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

[[Page 77586]]

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: On May 2, 2019, in DOE/FE Order No. 4372 (as 
amended),\1\ DOE authorized PALNG to export domestically produced LNG 
by vessel from the proposed Liquefaction Project to be located in Port 
Arthur, 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).\2\ PALNG is authorized to 
export LNG to non-FTA countries in a volume equivalent to 698 billion 
cubic feet per year (Bcf/yr) of natural gas for a term extending 
through December 31, 2050.\3\
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    \1\ Port Arthur LNG, LLC, DOE/FE Order No. 4372, Docket No. 15-
96-LNG, Opinion and Order Granting Long-Term Authorization to Export 
Liquefied Natural Gas to Non-Free Trade Agreement Nations (May 2, 
2019), as amended Order No. 4372-A (Oct. 28, 2020) (extending export 
term).
    \2\ 15 U.S.C. 717b(a).
    \3\ See Port Arthur LNG, LLC, DOE/FE Order No. 4372, as amended 
in Order No. 4372-A (Ordering Para. A).
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    As relevant here, Order No. 4372 requires PALNG to ``commence 
export operations using the planned liquefaction facilities no later 
than seven years from the date of issuance of this Order''--i.e., by 
May 2, 2026.\4\ In the Request, PALNG asks DOE to extend this 
commencement deadline to June 18, 2028, ``such that the term of [the 
non-FTA] authorization would begin on the earlier of the date of first 
commercial export or June 18, 2028.'' \5\
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    \4\ Port Arthur LNG, LLC, DOE/FE Order No. 4372, at 72 (Ordering 
Para. D).
    \5\ Port Arthur LNG, LLC, Request for Extensions for Long-Term 
Authorizations to Export Liquefied Natural Gas, Docket Nos. 15-53-
LNG, et al., at 4 (Nov. 18, 2022) [hereinafter Request]. The Request 
also applies to PALNG's existing FTA orders in Docket Nos. 15-53-LNG 
and 18-162-LNG, but DOE will address that portion of the Request 
separately pursuant to NGA section 3(c), 15 U.S.C. 717b(c).
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    In support of this Request, PALNG states that, on October 13, 2022, 
the Federal Energy Regulatory Commission (FERC) issued an order 
granting PALNG's request for an extension of time until June 18, 2028, 
to complete construction of the Liquefaction Project and to make it 
available for service (FERC Extension Order).\6\ PALNG states that its 
extension request would make its commencement deadline in Order No. 
4372 (as amended) consistent with the June 18, 2028 deadline approved 
in the FERC Extension Order. PALNG also identifies the actions it has 
taken to date to develop the Liquefaction Project. According to PALNG, 
granting the requested extension of time will enable PALNG to complete 
the necessary arrangements to commence construction and place the 
Liquefaction Project into service.\7\ Additional details can be found 
in the Request, posted on the DOE website at: www.energy.gov/fecm/port-arthur-lng-llc-fe-dktno-15-96-lng.
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    \6\ Port Arthur LNG, LLC, 181 FERC ] 61,024 (2022).
    \7\ Request at 6.
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DOE Evaluation

    In reviewing PALNG'S Request, DOE will consider any issues required 
by law or policy under NGA section 3(a). 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),\8\ DOE's 
response to public comments received on that Study,\9\ and the 
following environmental documents:
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    \8\ See NERA Economic Consulting, Macroeconomic Outcomes of 
Market Determined Levels of U.S. LNG Exports (June 7, 2018), https://www.energy.gov/sites/prod/files/2018/06/f52/Macroeconomic%20LNG%20Export%20Study%202018.pdf.
    \9\ 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), https://www.govinfo.gov/content/pkg/FR-2018-12-28/pdf/2018-28238.pdf.
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     Addendum to Environmental Review Documents Concerning 
Exports of Natural Gas From the United States, 79 FR 48132 (Aug. 15, 
2014); \10\
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    \10\ The Addendum and related documents are available at https://www.energy.gov/fecm/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); \11\ and
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    \11\ The 2014 Life Cycle Greenhouse Gas Report is available at 
https://www.energy.gov/fecm/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.\12\
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    \12\ 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 Request should address these issues and 
documents in their comments and/or protests, as well as other issues 
deemed relevant to the Request.
    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 Request. 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 PALNG's prior non-FTA applications in Docket 
No. 15-96-LNG. Therefore, DOE will not consider comments or protests 
that do not bear directly on this Request.
    Any person wishing to become a party to this portion of the 
proceeding evaluating PALNG's Request must file a motion to intervene 
or notice of intervention. The filing of comments or a protest with 
respect to the Request 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 Request. 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.

[[Page 77587]]

Please email the filing to fergas.hq.doe.gov. All filings must include 
a reference to ``Docket No. 15-96-LNG'' or ``Port Arthur LNG, LLC 
Request for Extension'' 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.
    The Request 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 Request 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 
Request and responses filed by parties pursuant to this Notice, in 
accordance with 10 CFR 590.316.

    Signed in Washington, DC, on December 13, 2022.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of 
Resource Sustainability.
[FR Doc. 2022-27389 Filed 12-16-22; 8:45 am]
BILLING CODE 6450-01-P