[Federal Register Volume 88, Number 21 (Wednesday, February 1, 2023)]
[Notices]
[Pages 6716-6717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02044]



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DEPARTMENT OF ENERGY

[Docket No. 22-167-LNG]


Mexico Pacific Limited LLC; Application for Additional Long-Term, 
Multi-Contract Authorization To Export U.S.-Sourced 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.

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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 on December 28, 2022, by Mexico 
Pacific Limited LLC (MPL). MPL requests authority to engage in 
additional long-term, multi-contract exports of U.S.-sourced natural 
gas by pipeline to Mexico and to re-export such natural gas as 
liquefied natural gas (LNG) from its proposed liquefaction and export 
facility, the MPL Facility, to be located in the State of Sonora, 
Mexico, in a volume equivalent to 291.22 billion cubic feet per year 
(Bcf/yr), to non-free trade agreement (non-FTA) countries. MPL 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, April 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 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: Currently, in separate Docket No. 18-70-LNG, 
Order No. 4312,\1\ as amended, MPL is authorized to export U.S.-sourced 
natural gas by pipeline from the United States to Mexico for 
liquefaction in Mexico and re-export the natural gas in the form of LNG 
in a volume equivalent to 621 Bcf/yr of natural gas 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), through December 31, 2050, pursuant to NGA section 3(a), 15 
U.S.C. 717b(a).\2\ MPL is authorized to re-export this LNG from the 
proposed MPL Facility, to be located on the Gulf of California adjacent 
to Puerto Libertad, Mexico, approximately 160 miles south of the United 
States-Mexico border.
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    \1\ Mexico Pacific Limited LLC, DOE/FE Order No. 4312, Docket 
No. 18-70-LNG, Opinion and Order Granting Long-Term, Multi-Contract 
Authorization to Export U.S.-Sourced Natural Gas by Pipeline to 
Mexico for Liquefaction and Re-Export in the Form of Liquefied 
Natural Gas to Non-Free Trade Agreement Countries (Dec. 14, 2018), 
amended by DOE/FECM Order No. 4312-A (Jun. 3, 2022) (extending 
export term).
    \2\ MPL notes that, in Docket No. 18-70-LNG, it is authorized to 
export LNG from the MPL Facility to FTA countries in a volume 
equivalent to 621 Bcf/yr of natural gas. MPL's FTA exports are not 
at issue here.
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    In this Application filed in Docket No. 22-167-LNG, MPL states that 
it has determined through improvements to the design of the MPL 
Facility's three liquefaction trains it will be capable of producing an 
additional volume of LNG for re-export. In light of this design 
increase, MPL asks DOE to authorize the re-export of an additional 
291.22 Bcf/yr of natural gas in the form of LNG from the MPL Facility 
to non-FTA countries.\3\ MPL states that this Application, if granted, 
would increase its non-FTA exports from the MPL Facility from a total 
of 621 Bcf/yr to 912.22 Bcf/yr of natural gas, the aggregate capacity 
of the three trains.
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    \3\ DOE will review MPL's request for additional volumes to its 
existing FTA export authorization, as well as its request for an 
additional amount for use as fuel for pipeline transportation or 
liquefaction in Mexico, separately pursuant to section 3(c) of the 
NGA, 15 U.S.C. 717b(c).
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    MPL 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. MPL requests the 
authorization for a term to commence on the date of first export 
following the commencement of commercial operation of the MPL Facility, 
and to extend through December 31, 2050.
    Additional details can be found in MPL's Application, posted on the 
DOE website at: www.energy.gov/sites/default/files/2023-01/22-167-LNG_0.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),\4\ and 
DOE's response to public comments received on that Study.\5\
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    \4\ 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.
    \5\ 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); \6\
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    \6\ 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); \7\ and
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    \7\ 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

[[Page 6717]]

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.\8\
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    \8\ 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 this proceeding evaluating 
MPL's Application, 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. 22-167-LNG'' or ``Mexico Pacific 
Limited 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.
    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 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 January 26, 2023.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of 
Resource Sustainability.
[FR Doc. 2023-02044 Filed 1-31-23; 8:45 am]
BILLING CODE 6450-01-P