[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Notices]
[Pages 29662-29664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09728]


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DEPARTMENT OF ENERGY

[Docket No. 23-46-LNG]


Corpus Christi Liquefaction, LLC; CCL Midscale 8-9, LLC; and 
Cheniere Marketing, 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 Corpus Christi Liquefaction, LLC, 
CCL Midscale 8-9, LLC, and Cheniere Marketing, LLC (collectively, 
Applicants) on April 6, 2023. The Applicants request long-term, multi-
contract authorization to export domestically produced liquefied 
natural gas (LNG) in a volume equivalent to approximately 170 billion 
cubic feet (Bcf) of natural gas per year (Bcf/yr) from the proposed 
Corpus Christi Liquefaction Midscale Trains 8 & 9 Project (Project), to 
be located at and adjacent to the existing Corpus Christi LNG terminal 
(CCL Terminal) in San Patricio and Nueces Counties, Texas. The 
Applicants 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 7, 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].

[[Page 29663]]

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: The Applicants state that the proposed 
Project will include two midscale LNG trains (Trains 8 and 9) and 
supporting infrastructure, which will be interconnected and operated, 
on an integrated basis, with the existing LNG storage tanks, control 
buildings, marine facilities, and other ancillary facilities at the CCL 
Terminal.\1\ The Applicants seek to export LNG by ocean-going carrier 
from the proposed Project in a volume equivalent to approximately 170 
Bcf/yr of natural gas (approximately 0.47 Bcf per day) 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.\2\ DOE will review the Applicants' request for an export 
authorization to FTA countries separately pursuant to NGA section 
3(c).\3\
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    \1\ The Applicants state that the Liquefaction Project at the 
CCL Terminal is currently operational, and an expansion of the 
Liquefaction Project, called the Stage 3 Project, is under 
construction.
    \2\ 15 U.S.C. 717b(a).
    \3\ 15 U.S.C. 717b(c).
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    The Applicants seek this authorization on their own behalf and as 
agent for other parties that may hold title to the LNG at the time of 
export. The Applicants request the authorization for a term commencing 
on the date of first commercial export from the Project and extending 
through December 31, 2050.
    Additional details can be found in the Application, posted on the 
DOE website at: www.energy.gov/sites/default/files/2023-04/Corpus%20Christi%20Liquefaction%20LLC%20et%20al.%20DOE%20Application.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), 
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 
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); \7\ and
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    \7\ The 2014 Life Cycle Greenhouse Gas Report is available at 
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.\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 
the 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 this 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. 23-46-LNG'' or ``Corpus Christi 
Liquefaction, LLC et al. 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 intervention, 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.


[[Page 29664]]


    Signed in Washington, DC, on May 2, 2023.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement. Office of 
Resource Sustainability.
[FR Doc. 2023-09728 Filed 5-5-23; 8:45 am]
BILLING CODE 6450-01-P