[Federal Register Volume 90, Number 108 (Friday, June 6, 2025)]
[Notices]
[Pages 24111-24112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10325]
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DEPARTMENT OF ENERGY
[Docket No. 13-147-LNG]
Delfin LNG LLC; Request for Amendment of Long-Term Authorizations
To Export Liquefied Natural Gas and for Additional Extension of Time To
Commence Exports
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
on May 2, 2025, by Delfin LNG LLC (Delfin). Delfin requests to amend
its existing authorization to export domestically produced liquefied
natural gas (LNG) to non-free trade agreement countries set forth in
DOE/FE Order No. 4028, as amended, by extending the current
commencement of export operations deadline from Delfin's proposed
floating LNG (FLNG) liquefaction facility (Project) to June 1, 2031.
Delfin also asks that its existing authorization be amended to reflect
a facility redesign that includes three FLNG vessels instead of the
original four. Delfin filed its Request under the Natural Gas Act (NGA)
and DOE's regulations.
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, July 7, 2025.
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]
Ajoke Agboola, 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, (240) 805-2147, [email protected]
SUPPLEMENTARY INFORMATION: On June 1, 2017, in DOE/FE Order No. 4028
(as amended) \1\ and pursuant to NGA section 3(a),\2\ DOE authorized
Delfin to export domestically produced LNG by vessel from the proposed
Project, to be located offshore of Cameron Parish, Louisiana, to any
country with which the United States does not have a free trade
agreement (FTA) requiring national treatment for trade in natural gas,
which currently has or in the future develops the capacity to import
LNG, and with which trade is not prohibited by U.S. law or policy (non-
FTA countries). Delfin is authorized to export this LNG in a volume
equivalent to 657.5 billion cubic feet per year of natural gas through
December 31, 2050.\3\
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\1\ Delfin LNG LLC, DOE/FE Order No. 4028, Docket No. 13-147-
LNG, Opinion And Order Granting Long-Term, Multi-Contract
Authorization to Export Liquefied Natural Gas by Vessel from a
Proposed Floating Liquefaction Project and Deepwater Port 30 Miles
Offshore of Louisiana to Non-Free Trade Agreement Nations (June 1,
2017), reh'g denied, DOE/FE Order No. 4028-A (Apr. 3, 2018), amended
by DOE/FE Order No. 4028-B (Dec. 10, 2020) (extending term through
2050), further amended by DOE/FE Order No. 4028-C (May 18, 2021)
(correcting and amending location of FLNG vessels), further amended
by DOE/FECM Order No. 4028-D (Mar. 10, 2025) (extending export
commencement deadline). In addition, Delfin's export authorization
was amended by DOE/FE Order No. 4641 (Dec. 18, 2020) to include
short-term export authority on a non-additive basis.
\2\ 15 U.S.C. 717b(a).
\3\ DOE/FE Order No. 4028, as amended in Order No. 4028-B
(Ordering Para. E).
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On March 21, 2025, the U.S. Department of Transportation's Maritime
Administration (MARAD) issued the license, under the Deepwater Port Act
(DWPA), required for Delfin to own, construct, and operate its
Project.\4\ According to Delfin, the DWPA license requires Delfin to
``begin construction of the deepwater port no later than five years
after the effective date of the license,'' but ``the deadline may be
extended for delays in necessary construction permits, delays due to
time-of-year construction limitations beyond Delfin's direct control,
or additional periods as MARAD may permit for good cause.'' \5\ Delfin
notes that its DWPA license ``does not mandate any timing deadline for
completion of the Project.'' \6\
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\4\ MARAD Press Release, ``The Maritime Administration Issues
the License for the Delfin LNG, LLC Deepwater Port Application''
(Mar. 21, 2025), https://www.maritime.dot.gov/newsroom/maritime-administration-issues-license-delfin-lng-llc-deepwater-port-application.
\5\ Request at 5-6 & n.17 (May 2, 2025) (emphasis in original),
https://www.energy.gov/sites/default/files/2025-05/Delfin%20LNG%20DOE%20Extension%20request%20%28050225%29.pdf (citing
Delfin DWPA License, Article 5).
\6\ Id. at 6 n.17.
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As relevant here, Order No. 4028, as amended, requires Delfin to
commence export operations from the Project no later than June 1,
2029.\7\ In its Request, Delfin asks DOE to extend the deadline to
commence commercial non-FTA LNG export operations from the Project by
another two years, from June 1, 2029, to June 1, 2031.\8\
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\7\ DOE/FECM Order No. 4028-D, at 25 (Ordering Para. B). Delfin
has also asked DOE to amend its existing FTA authorization (DOE/FE
Order No. 3393, as amended). DOE will address the FTA portion of the
Request separately pursuant to NGA section 3(c), 15 U.S.C. 717b(c).
\8\ Request at 2.
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Delfin also asks for an amendment ``to reflect the current design
of its Project in accordance with the [DWPA] license,'' stating that
the amendment would ``reflect the refinements of Delfin's Project over
time [and would] not require any change in the authorized volumes nor
in any of the other Ordering Paragraphs.'' \9\ Specifically, ``[t]o
ensure that the export authorizations properly reflect the current
Project design (as detailed to
[[Page 24112]]
MARAD prior to DWPA License issuance),'' the amendment Delfin seeks
would ``reflect that the Project now includes three [FLNG vessels],
with no change in the currently authorized export volumes.'' \10\
(Emphasis in original).
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\9\ Id.
\10\ Id. at 10-11.
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In support of its Request, Delfin states that it obtained its DWPA
license from MARAD in March 2025, with a five-year construction
commencement deadline but no operation commencement deadline. Delfin
requests that DOE amend Order No. 4028-D to require the commencement of
exports using the planned facilities no later than June 1, 2031, with a
configuration of three FLNG vessels. Delfin further identifies the
actions it has taken to date to proceed with the construction and
operation of its Project.
Additional details can be found in the Request, posted on the DOE
website at https://www.energy.gov/sites/default/files/2025-05/Delfin%20LNG%20DOE%20Extension%20request%20%28050225%29.pdf.
DOE Evaluation
In reviewing Delfin's Request, DOE will consider any issues
required by law or policy under NGA section 3(a), DOE's regulations,
and any other documents deemed appropriate.
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 the Federal
Register 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 Delfin's non-FTA
application in Docket No. 13-147-LNG.\11\ Therefore, DOE will not
consider comments or protests that do not bear directly on this
Request.
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\11\ See supra note 1.
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Any person wishing to become a party to this proceeding evaluating
Delfin's Request must file a motion to intervene or notice of
intervention.\12\ The filing of comments or a protest with respect to
the Request 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 Request. All protests, comments,
motions to intervene, or notices of intervention must meet the
requirements specified by DOE's regulations in 10 CFR part 590,
including the service requirements.
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\12\ Status as an intervenor in prior proceeding(s) in this
docket does not continue to this proceeding evaluating Delfin's
Request, and therefore any person interested in intervening to
address the Request must file a new motion to intervene (or notice
of intervention, as applicable). 10 CFR 590.303.
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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.
13-147-LNG'' or ``Delfin LNG LLC Request'' 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 Request, 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 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 June 3, 2025.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of
Resource Sustainability.
[FR Doc. 2025-10325 Filed 6-5-25; 8:45 am]
BILLING CODE 6450-01-P