[Federal Register Volume 88, Number 204 (Tuesday, October 24, 2023)]
[Notices]
[Pages 73008-73010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23411]


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DEPARTMENT OF ENERGY

[Docket No. 23-109-LNG]


Southern LNG Company, L.L.C.; 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

[[Page 73009]]

Southern LNG Company, L.L.C. (Southern LNG) on September 25, 2023. 
Southern LNG requests authority to engage in additional long-term, 
multi-contract exports of domestically produced liquefied natural gas 
(LNG) from its existing LNG terminal, located in Chatham County, 
Georgia, and known as the Elba Island Terminal, in a volume equivalent 
to 28.25 billion cubic feet (Bcf) per year (Bcf/yr) of natural gas, to 
non-free trade agreement nations. Southern LNG 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 as detailed in the 
Public Comment Procedures section no later than 4:30 p.m., Eastern 
time, December 26, 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 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: Southern LNG is currently authorized to 
export domestically-produced LNG in a volume equivalent to 130 Bcf/yr 
of natural gas \1\ to any countries 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).\2\ Southern LNG is authorized 
to export this LNG from the existing Elba Island Terminal.
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    \1\ S. LNG Co., L.L.C., DOE/FE Order No. 3956, Docket No. 12-
100-LNG, Opinion and Order Granting Long-Term, Multi-Contract 
Authorization to Export Liquefied Natural Gas by Vessel from the 
Elba Island Terminal in Chatham County, Georgia to Non-Free Trade 
Agreement Nations (Dec. 16, 2016), amended by DOE/FE Order No. 3956-
A, Order Extending Export Term for Authorizations to Free Trade and 
Non-Free Trade Agreement Nations Through December 31, 2050 (Dec. 30, 
2020) (extending the export term through December 31, 2050).
    \2\ 15 U.S.C. 717b(a). Southern LNG notes that it is also 
authorized, in Docket No. 12-54-LNG (Order No. 3106, as amended), to 
export LNG from the Elba Island Terminal to FTA countries in a 
volume equivalent to 182.5 Bcf/yr of natural gas. Southern LNG's FTA 
exports are authorized pursuant to NGA section 3(c), 15 U.S.C. 
717b(c), and are not at issue here.
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    In this Application, filed in Docket No. 23-109-LNG, Southern LNG 
states that it filed an application in April 2023 with the Federal 
Energy Regulatory Commission (FERC) for authorization to modify its 
existing liquefaction facilities and install and operate a new 
condensate plant and liquid nitrogen vaporizers at the Elba Island 
Terminal. The modifications would increase the Terminal's authorized 
maximum LNG production capacity to 158.25 Bcf/yr of natural gas. The 
requested increase in authorized volume would align Southern LNG's 
total authorized volume with the additional volume that the Terminal 
could handle with FERC's approval. Thus, in light of the modifications, 
Southern LNG asks DOE to authorize the export of an additional 28.25 
Bcf/yr of natural gas in the form of LNG from the Elba Island Terminal 
to non-FTA countries.
    Southern LNG seeks the authorization on its own behalf and as agent 
for other entities who themselves hold title to the LNG. Southern LNG 
requests the authorization for a term to extend through December 31, 
2050.
    Additional details can be found in Southern LNG's Application, 
posted on the DOE website at: https://www.energy.gov/sites/default/files/2023-10/2023%2009%2025%20SLNG%20Non%20FTA%20Long%20Term%20EOP%20Export%20Authorization%20Request.pdf.

DOE Evaluation

    In reviewing Southern LNG's 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),\3\ and DOE's response to public comments 
received on that Study.\4\
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    \3\ 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.
    \4\ 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); \5\
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    \5\ 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); \6\ and
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    \6\ 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.\7\
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    \7\ 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/or 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 NEPA 
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

[[Page 73010]]

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 
Southern LNG'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.
    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
    (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. 
23-109-LNG'' or ``Southern LNG 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 also 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 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 October 18, 2023.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of 
Resource Sustainability.
[FR Doc. 2023-23411 Filed 10-23-23; 8:45 am]
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