[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Notices]
[Pages 18530-18532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06509]


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DEPARTMENT OF ENERGY

[Docket No. 14-179-LNG]


Pieridae Energy (USA) Ltd.; 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 
Pieridae Energy (USA) Ltd. (Pieridae USA) on February 2, 2023, and 
supplemented on February 3, 2023. Pieridae USA requests an amendment to 
its existing authorization to export U.S.-sourced natural gas by 
pipeline to Canada and to re-export such natural gas as liquefied 
natural gas (LNG) to non-free trade agreement countries set forth in 
DOE/FE Order No. 3768--specifically, an extension to commence its 
commercial export operations. Pieridae USA 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, April 28, 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: On February 5, 2016, DOE issued DOE/FE Order 
No. 3768,\1\ authorizing Pieridae USA to export natural gas from the 
United States to Canada and, after liquefaction in Canada, to re-export 
the U.S.-sourced natural gas in the form of LNG by vessel from the 
proposed Goldboro LNG Project (Project), to be located in the 
Municipality of the District of Guysborough, Nova Scotia, Canada, 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-

[[Page 18531]]

FTA countries).\2\ Pieridae USA is authorized to re-export the U.S.-
sourced natural gas in the form of LNG to non-FTA countries in a volume 
equivalent to 292 billion cubic feet per year (Bcf/yr) of natural gas 
for a term of 20 years to commence from the date of first commercial 
re-export, but not before.\3\
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    \1\ Pieridae Energy (USA) Ltd., DOE/FE Order No. 3768, Docket 
No. 14-179-LNG, Opinion and Order Granting Long-Term, Multi-Contract 
Authorization to Export U.S.-Sourced Natural Gas Natural Gas by 
Pipeline to Canada for Liquefaction and Re-Export in the Form of 
Liquefied Natural Gas to Non-Free Trade Agreement Countries (Feb. 5, 
2016), https://www.energy.gov/sites/prod/files/2016/02/f29/ord3768.pdf.
    \2\ 15 U.S.C. 717b(a).
    \3\ See Pieridae Energy (USA) Ltd., DOE/FE Order No. 3768 at 227 
(Ordering Para. A).
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    As relevant here, Order No. 3768 requires Pieridae USA to 
``commence re-export operations using the planned liquefaction 
facilities no later than seven years from the date of issuance of this 
Order''--i.e., by February 5, 2023.\4\ In the Request, Pieridae USA 
asks DOE to extend this commencement deadline to February 5, 2028, 
``such that the term of [the non-FTA] authorization would begin on the 
earlier of the date of first commercial export or February 5, 2028.'' 
\5\
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    \4\ Pieridae Energy (USA) Ltd., DOE/FE Order No. 3768, at 228 
(Ordering Para. D).
    \5\ Pieridae Energy (USA) Ltd., Request for Extension for Long-
Term, Multi-Contract Authorization to Export U.S. Sourced Natural 
Gas by Pipeline to Canada for Liquefaction and Re-Export in the Form 
of Liquefied Natural Gas, Docket Nos. 14-179-LNG, at 1 (Feb. 2, 
2023) [hereinafter Request]. The Request also applies to Pieridae 
USA's existing FTA orders in Docket Nos. 14-179-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, Pieridae USA states that the Project's 
timeline was pushed back due to its unsuccessful, costly and time-
consuming engagement with several internationally regarded LNG 
engineering, procurement, and construction (EPC) companies in 
undertaking the necessary steps to enter a lump sum turnkey EPC and 
commissioning contract for the Project, in addition to the 
``unprecedented COVID-19 pandemic which offered its own additional and 
significant impacts on the Project's ability to move forward.'' \6\ 
Pieridae USA states that it engaged further a EPC company to review and 
revise the design to a more modularized Project.\7\ According to 
Pieridae USA, the revised design, completed in January 2023, is in line 
with many recent US LNG export projects based on a smaller scale 
modularized approach.\8\ Pieridae USA states that it is now ready to 
progress this concept in the realization of the Project.\9\ Pieridae 
USA asserts that granting the requested extension of time will enable 
Pieridae USA to complete the necessary detailed design, engineering and 
costing work in order to commence construction and place the Goldboro 
LNG Project into service.\10\ Pieridae USA states that ``[t]he only 
change to the Project [from the original Application] will be the use 
of ten smaller modularized liquefaction trains versus the two larger 
liquefaction trains.'' \11\ Additional details can be found in the 
Request, posted on the DOE website at: www.energy.gov/fecm/articles/pieridae-energy-usa-ltd-fe-dkt-no-14-179-lng.
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    \6\ Request at 3.
    \7\ Request at 3.
    \8\ Request at 3.
    \9\ Request at 3-4.
    \10\ Request at 3-4.
    \11\ Request at 4.
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DOE Evaluation

    In reviewing Pieridae USA'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),\12\ DOE's response to public comments received on that 
Study,\13\ and the following environmental documents:
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    \12\ 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.
    \13\ 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); \14\
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    \14\ 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); \15\ and
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    \15\ 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.\16\
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    \16\ 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 
30 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 Pieridae USA's prior non-FTA applications in 
Docket No. 14-179-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 Pieridae USA'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. Please email the filing to fergas.hq.doe.gov. All filings must 
include a reference to ``Docket No. 14-179-LNG'' or ``Pieridae Energy 
(USA) Ltd. 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.

[[Page 18532]]

    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 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 March 23, 2023.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of 
Resource Sustainability.
[FR Doc. 2023-06509 Filed 3-28-23; 8:45 am]
BILLING CODE 6450-01-P