[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Notices]
[Pages 60670-60672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19053]


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DEPARTMENT OF ENERGY

[Docket No. 23-87-LNG]


Lake Charles Exports, 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 Lake Charles Exports, LLC (LCE) on 
August 18, 2023, and supplemented on August 22, 2023. LCE requests 
long-term, multi-contract authorization to export domestically produced 
liquefied natural gas (LNG) in a volume equivalent to approximately 851 
billion cubic feet (Bcf) of natural gas per year (Bcf/yr) from the 
proposed Lake Charles Terminal liquefaction facilities to be 
constructed in Lake Charles, Louisiana (Liquefaction Project). LCE 
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 as detailed in the 
Public Comment Procedures section no later than 4:30 p.m., Eastern 
time, November 6, 2023.

ADDRESSES: 
    Electronic Filing by email (Strongly encouraged): 
[email protected].
    Postal Mail, Hand Delivery, or Private Delivery Services (e.g., 
FedEx, UPS, etc.): U.S. Department of Energy (FE-34), Office of 
Regulation, Analysis, and Engagement, Office of Fossil Energy and 
Carbon Management, Forrestal Building, Room 3E-056, 1000 Independence 
Avenue SW, Washington, DC 20585.
    Due to potential delays in DOE's receipt and processing of mail 
sent through the U.S. Postal Service, we encourage respondents to 
submit filings electronically to ensure timely receipt.

FOR FURTHER INFORMATION CONTACT: 
Jennifer Wade or Peri Ulrey, U.S. Department of Energy (FE-34) Office

[[Page 60671]]

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: LCE requests authorization to export 
domestically produced LNG by ocean-going vessel from the proposed 
Liquefaction Project, to be constructed and located on an approximately 
286-acre site adjacent to the existing Lake Charles LNG import 
facilities in Lake Charles, Louisiana. LCE states that the proposed 
Liquefaction Project will include three LNG trains and supporting 
infrastructure, which will be interconnected and operated, on an 
integrated basis, with existing major LNG import infrastructure at the 
Lake Charles Terminal site, including four LNG storage tanks, two deep 
water docks capable of handling large LNG vessels, LNG sendout 
facilities, and other ancillary facilities. LCE seeks to export this 
LNG from the Liquefaction Project in a volume equivalent to 
approximately 851 Bcf/yr of natural gas (approximately 2.33 Bcf per 
day) 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 nations), pursuant to section 3(a) of the NGA.\1\
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    \1\ 15 U.S.C. 717b(a).
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    In the Application, LCE states that it is already authorized in 
DOE/FE Order No. 3324, and the non-FTA portion of Order No. 4011, both 
as amended, to export the same combined volume of LNG from the proposed 
Lake Charles Terminal liquefaction facilities to non-FTA countries. LCE 
states, however, despite making substantial efforts, LCE will not be 
able to commence export operations by December 16, 2025, as required 
under its existing authorizations. Therefore, LCE states that it is 
filing for a new export authorization for the same amount, 851 Bcf/year 
of LNG, to be evaluated under current DOE/FECM policies and market 
information, and with a condition to commence export operations seven 
years from the date of issuance. LCE further asks that its existing 
non-FTA authorizations in DOE/FE Order Nos. 3324 and 4011 be vacated 
and replaced concurrently with the consolidated authorization.
    LCE seeks this authorization on its own behalf and as agent for 
other entities that hold title to the LNG at the point of export. LCE 
requests the authorization for a term commencing on the date of first 
export following the start of commercial operation from the 
Liquefaction Project and extending through December 31, 2050.
    Additional details can be found in the Application and supplement, 
posted on the DOE website at:
    https://www.energy.gov/sites/default/files/2023-08/23-87-LNG_Lake%20Charles%20Exports%20NFTA%20Application.pdf.
    https://www.energy.gov/sites/default/files/2023-08/FW_%20Lake%20Charles%20Exports%2C%20LLC%20-%20Clarification_Email.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),\2\ and 
DOE's response to public comments received on that Study.\3\
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    \2\ 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.
    \3\ 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); \4\
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    \4\ 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); \5\ and
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    \5\ 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.\6\
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    \6\ 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.
    Filings may be submitted using one of the following methods:
    (1) Submitting the filing electronically at [email protected];
    (2) Mailing the filing to the Office of Regulation, Analysis, and 
Engagement at the address listed in the ADDRESSES section; or

[[Page 60672]]

    (3) Hand delivering the filing to the Office of Regulation, 
Analysis, and Engagement at the address listed in the ADDRESSES 
section.
    For administrative efficiency, DOE prefers filings to be filed 
electronically. All filings must include a reference to ``Docket No. 
23-87-LNG'' or ``Lake Charles Exports, LLC Application'' in the title 
line.
    For electronic submissions: 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 Notice, and any filed protests, motions to intervene, notices 
of intervention, and comments will be available electronically on the 
DOE website at 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 August 29, 2023.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of 
Resource Sustainability.
[FR Doc. 2023-19053 Filed 9-1-23; 8:45 am]
BILLING CODE 6450-01-P