77200 Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices 

1Annova LNG Common Infrastructure, LLC, DOE/ 

FE Order No. 4491, FE Docket No. 19–34–LNG, 

Opinion and Order Granting Long-Term 

Authorization to Export Liquefied Natural Gas to 

Non-Free Trade Agreement Nations (Feb. 10, 2020). 

6. Real Power Loss Return (Schedule 11) 

Bonneville requires transmission 

customers to replace real power losses 

associated with transmission service. 

Real power losses are determined using 

real power loss factors established by 

Bonneville in Schedule 11. Bonneville 

is modifying the real power loss return 

factor for transmission service over the 

Network segment. The rates applicable 

to real power losses may be established 

in the BP–22 proceeding and are outside 

the scope of the TC–22 tariff proceeding. 

7. EIM Tariff Terms and Condition 

Proposals (Sections 1, 7.1, 10.2, 12.4, 

13.6, 14.7, 15.7, 16.1, 28.1, 28.5, 28.7, 

29.2, 30.1, 30.4, Schedules 4 and 9, and 

Attachment Q) 

Since 2018, Bonneville has been 

exploring whether to join the Western 

EIM, which is an extension of the 

CAISO real-time market. The EIM is 

operated by the CAISO, which uses 

market software to economically 

dispatch participating generation 

resources to balance supply, transfers 

between balancing authority areas 

(interchange), and load across the 

market’s footprint, while also 

simultaneously ensuring generation and 

transmission limitations are respected. 

For balancing authorities in the EIM 

(EIM Entities), the EIM replaces Energy 

Imbalance and Generator Imbalance 

under the EIM Entities’ respective open 

access transmission tariffs. In September 

of 2019, following an extensive public 

process, Bonneville issued the Energy 

Imbalance Market Policy 

Administrator’s Record of Decision, in 

which the Administrator made a 

number of policy decisions related to 

Bonneville’s potential participation in 

the EIM and signed an EIM 

Implementation Agreement—a first step 

to joining the EIM. In that ROD, 

Bonneville explained its intent to 

continue through the EIM evaluation 

process, with the expectation that a final 

decision on EIM participation would be 

made in 2021. If Bonneville decides to 

join the EIM, actual participation is 

projected to begin in 2022. To position 

BPA to join the EIM in 2022, Bonneville 

must establish the Tariff terms and 

conditions and rates for participating in 

the EIM. Thus, a major portion of the 

TC–22 tariff proceeding will be 

dedicated to developing the Tariff terms 

and conditions language necessary to 

facilitate Bonneville’s participation in 

the EIM in 2022. The rates for 

participating in the EIM are being 

established in the BP–22 proceeding 

(rates are outside the scope of the TC– 

22 tariff proceeding). 

Part V—Proposed Tariff 

Bonneville’s proposed Tariff is part of 

this notice and is available to view and 

download on Bonneville’s website at 

www.bpa.gov/goto/TC22. 

Signing Authority 

This document of the Department of 

Energy was signed on November 19, 

2020, by John L. Hairston, Acting 

Administrator and Chief Executive 

Officer of the Bonneville Power 

Administration, pursuant to delegated 

authority from the Secretary of Energy. 

That document with the original 

signature and date is maintained by 

DOE. For administrative purposes only, 

and in compliance with requirements of 

the Office of the Federal Register, the 

undersigned DOE Federal Register 

Liaison Officer has been authorized to 

sign and submit the document in 

electronic format for publication, as an 

official document of the Department of 

Energy. This administrative process in 

no way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Signed in Washington, DC, on November 

19, 2020. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2020–26015 Filed 11–30–20; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

[FE Docket No. 19–34–LNG] 

Annova LNG Common Infrastructure, 

LLC; Application To Amend Export 

Term Through December 31, 2050, for 

Existing Non-Free Trade Agreement 

Authorization 

AGENCY: Office of Fossil Energy, 

Department of Energy. 

ACTION: Notice of application. 

SUMMARY: The Office of Fossil Energy 

(FE) of the Department of Energy (DOE) 

gives notice (Notice) of receipt of an 

application (Application), filed on 

November 24, 2020, by Annova LNG 

Common Infrastructure, LLC (Annova 

LNG). Annova LNG seeks to amend the 

export term set forth in its current 

authorization to export liquefied natural 

gas (LNG) to non-free trade agreement 

countries, DOE/FE Order No. 4491, to a 

term ending on December 31, 2050. 

Annova LNG filed the Application 

under the Natural Gas Act (NGA) and 

DOE’s policy statement entitled, 

‘‘Extending Natural Gas Export 

Authorizations to Non-Free Trade 

Agreement Countries Through the Year 

2050’’ (Policy Statement). Protests, 

motions to intervene, notices of 

intervention, and written comments on 

the requested term extension are 

invited. 

DATES: Protests, motions to intervene or 

notices of intervention, as applicable, 

requests for additional procedures, and 

written comments are to be filed using 

procedures detailed in the Public 

Comment Procedures section no later 

than 4:30 p.m., Eastern time, December 

16, 2020. 

ADDRESSES: 

Electronic Filing by email: fergas@

hq.doe.gov. 

Regular Mail: U.S. Department of 

Energy (FE–34), Office of Regulation, 

Analysis, and Engagement, Office of 

Fossil Energy, P.O. Box 44375, 

Washington, DC 20026–4375. 

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, Forrestal 

Building, Room 3E–042, 1000 

Independence Avenue SW, Washington, 

DC 20585. 

FOR FURTHER INFORMATION CONTACT: 

Benjamin Nussdorf or Amy Sweeney, 

U.S. Department of Energy (FE–34), 

Office of Regulation, Analysis, and 

Engagement, Office of Fossil Energy, 

Forrestal Building, Room 3E–042, 1000 

Independence Avenue SW, Washington, 

DC 20585, (202) 586–7893; (202) 586– 

2627, benjamin.nussdorf@hq.doe.gov or 

amy.sweeney@hq.doe.gov. 

Cassandra Bernstein or Edward 

Toyozaki, U.S. Department of Energy 

(GC–76), Office of the Assistant General 

Counsel for Electricity and Fossil 

Energy, Forrestal Building, Room 6D– 

033, 1000 Independence Avenue SW, 

Washington, DC 20585, (202) 586–9793; 

(202) 586–0126, cassandra.bernstein@

hq.doe.gov or edward.toyozaki@

hq.doe.gov. 

SUPPLEMENTARY INFORMATION: On 

February 10, 2020, in Order No. 4491, 

DOE/FE authorized Annova LNG to 

export domestically produced LNG in a 

volume equivalent to 360 billion cubic 

feet per year of natural gas, pursuant to 

NGA section 3(a), 15 U.S.C. 717b(a).1

Annova LNG is authorized to export this 

LNG from the proposed Annova LNG 

Brownsville Project, to be located on the 

Brownsville Ship Channel in Cameron 

County, Texas, to any country with 

which the United States has not entered 


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Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices 77201 

2Annova LNG Common Infrastructure, LLC, 

Application to Amend Export Term for Existing 

Long-Term Authorization Through December 31, 

2050, FE Docket No. 19–34–LNG (Nov. 24, 2020). 

3U.S. Dep’t of Energy, Extending Natural Gas 

Export Authorizations to Non-Free Trade 

Agreement Countries Through the Year 2050; 

Notice of Final Policy Statement and Response to 

Comments, 85 FR 52237 (Aug. 25, 2020) 

[hereinafter Policy Statement]. 

4See id., 85 FR 52247. 

5See id., 85 FR 52247. 

6 Id., 85 FR 52247. 

7See NERA Economic Consulting, 

Macroeconomic Outcomes of Market Determined 

Levels of U.S. LNG Exports (June 7, 2018), available 

at: https://www.energy.gov/sites/prod/files/2018/ 

06/f52/Macroeconomic%20LNG%20Export

%20Study%202018.pdf. 

8U.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). 

9The Addendum and related documents are 

available at: http://energy.gov/fe/draft-addendumenvironmental-review-documents-concerningexports-natural-gas-united-states. 

10The 2014 Life Cycle Greenhouse Gas Report is 

available at: http://energy.gov/fe/life-cyclegreenhouse-gas-perspective-exporting-liquefiednatural-gas-united-states. 

11U.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. 

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 (nonFTA countries) for a 20-year term. In the 

Application,2 Annova LNG asks DOE to 

extend its current export term to a term 

ending on December 31, 2050, as 

provided in the Policy Statement.3

Additional details can be found in the 

Application, posted on the DOE/FE 

website at: https://www.energy.gov/sites

/prod/files/2020/11/f81/Annova

%202050%20Application.pdf. 

DOE/FE Evaluation 

In the Policy Statement, DOE adopted 

a term through December 31, 2050 

(inclusive of any make-up period), as 

the standard export term for long-term 

non-FTA authorizations.4 As the basis 

for its decision, DOE considered its 

obligations under NGA section 3(a), the 

public comments supporting and 

opposing the proposed Policy 

Statement, and a wide range of 

information bearing on the public 

interest.5 DOE explained that, upon 

receipt of an application under the 

Policy Statement, it would conduct a 

public interest analysis of the 

application under NGA section 3(a). 

DOE further stated that ‘‘the public 

interest analysis will be limited to the 

application for the term extension— 

meaning an intervenor or protestor may 

challenge the requested extension but 

not the existing non-FTA order.’’ 6

Accordingly, in reviewing Annova 

LNG’s Application, DOE/FE will 

consider any issues required by law or 

policy under NGA section 3(a), as 

informed by the Policy Statement. 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),7 DOE’s 

response to public comments received 

on that Study,8 and the following 

environmental documents: 

• Addendum to Environmental 

Review Documents Concerning Exports 

of Natural Gas From the United States, 

79 FR 48132 (Aug. 15, 2014); 9

• Life Cycle Greenhouse Gas 

Perspective on Exporting Liquefied 

Natural Gas From the United States, 79 

FR 32260 (June 4, 2014); 10 and 

• Life Cycle Greenhouse Gas 

Perspective on Exporting Liquefied 

Natural Gas From the United States: 

2019 Update, 84 FR 49278 (Sept. 19, 

2019), and DOE/FE’s response to public 

comments received on that study.11

Parties that may oppose the 

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 

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 Application. Interested parties will 

be provided 15 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 Annova LNG’s long-term 

non-FTA application. Therefore, DOE 

will not consider comments or protests 

that do not bear directly on the 

requested term extension. 

Any person wishing to become a party 

to the proceeding 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. 

Filings may be submitted using one of 

the following methods: (1) Emailing the 

filing to fergas@hq.doe.gov, with FE 

Docket No. 19–34–LNG in the title line; 

(2) mailing an original and three paper 

copies of the filing to the Office of 

Regulation, Analysis, and Engagement 

at the address listed in ADDRESSES; or (3) 

hand delivering an original and three 

paper copies of the filing to the Office 

of Regulation, Analysis, and 

Engagement at the address listed in 

ADDRESSES. All filings must include a 

reference to FE Docket No. 19–34–LNG. 

Please Note: If submitting a filing via 

email, 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. Any hardcopy filing submitted 

greater in length than 50 pages must 

also include, at the time of the filing, a 

digital copy on disk of the entire 

submission. 

A decisional record on the 

Application will be developed through 

responses to this Notice by parties, 

including the parties’ written comments 

and replies thereto. 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. 

The Application is available for 

inspection and copying in the Office of 

Regulation, Analysis, and Engagement 

docket room, Room 3E–042, 1000 

Independence Avenue SW, Washington, 

DC 20585. The docket room is open 

between the hours of 8:00 a.m. and 4:30 

p.m., Monday through Friday, except 

Federal holidays. The Application and 

any filed protests, motions to intervene 

or notice of interventions, and 

comments will also be available 

electronically by going to the following 

DOE/FE web address: https://

www.energy.gov/fe/services/natural-gasregulation. 


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77202 Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices 

Signed in Washington, DC, on November 

25, 2020. 

Amy Sweeney, 

Director, Office of Regulation, Analysis, and 

Engagement, Office of Fossil Energy. 

[FR Doc. 2020–26490 Filed 11–30–20; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Notice of Guidance for Potential 

Applicants Involving Critical Minerals 

and Related Activity 

AGENCY: Loan Programs Office, 

Department of Energy. 

ACTION: Notice of guidance for potential 

applicants involving critical minerals 

and related activity. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) hereby provides notice 

of guidance for applicants to the Loan 

Programs Office under Title XVII of the 

Energy Policy Act of 2005 (Title VXII) 

and the Energy Independence and 

Security Act of 2007 (ATVM statute). 

The guidance describes the types of 

applicants and projects that may be 

considered by the Loan Programs Office 

under Title XVII and the ATVM statute. 

DATES: DOE will accept applications 

regarding the foregoing from December 

1, 2020 through February 1, 2021. For 

further information, please visit: https:// 

www.energy.gov/lpo/applicationprocess. 

ADDRESSES: Interested parties are to 

submit applications electronically 

through the following link: https://

www.energy.gov/lpo/applicationprocess. Additional guidance and 

information may be found at: https://

www.energy.gov/lpo/loan-programsoffice. 

FOR FURTHER INFORMATION CONTACT: 

Questions may be addressed to: John 

Lushetsky, Senior Advisor, Loan 

Programs Office, (202) 586–2678, U.S. 

Department of Energy LP 10, 1000 

Independence Avenue SW, Washington 

DC, 20585, or by email to: 

john.lushetsky@hq.doe.gov. Electronic 

communications are recommended for 

correspondence and required for 

submission of application information. 

SUPPLEMENTARY INFORMATION: Executive 

Order 13953 (‘‘Executive Order 

Addressing the Threat to the Domestic 

Supply Chain from Reliance on Critical 

Minerals from Foreign Adversaries,’’ 

dated September 30, 2020, establishes 

policy pertaining to lending activities by 

the U.S. Department of Energy Loan 

Programs Office (‘‘LPO’’) pursuant to 

Title XVII of the Energy Policy Act of 

2005, as amended (42 U.S.C. 16511, et 

seq.) (‘‘Title XVII’’), and Section 136 of 

the Energy Independence and Security 

Act of 2007, as amended (42 U.S.C. 

17013) (the ‘‘ATVM Statute’’), as they 

apply to ‘‘Critical Minerals,’’ ‘‘Critical 

Minerals Production,’’ and related 

activities, including activities related to 

minerals more broadly. See: https://

www.whitehouse.gov/presidentialactions/executive-order-addressingthreat-domestic-supply-chain-reliancecritical-minerals-foreign-adversaries. 

‘‘Critical Minerals’’ and ‘‘Critical 

Minerals Production,’’ involving thirtyfive identified Critical Minerals, are 

further defined by Section 2(b) of 

Executive Order 13817 (‘‘A Federal 

Strategy to Ensure Secure and Reliable 

Supplies of Critical Minerals,’’ dated 

December 20, 2017). See: https://

www.whitehouse.gov/presidentialactions/presidential-executive-orderfederal-strategy-ensure-secure-reliablesupplies-critical-minerals. 

Preference for Minerals, Including 

Critical Minerals 

Pursuant to Executive Order 13953 

and Executive Order 13817, it is the 

policy of LPO to consider all eligible 

projects under Title XVII and the ATVM 

Statute in the context of Critical 

Minerals and the production of Critical 

Minerals and other minerals. Consistent 

with the policies expressed in Executive 

Order 13953 and 13817, it is also the 

policy of LPO to interpret the Title XVII 

Program and the ATVM Program 

broadly to encourage applications from 

potential projects involving the 

production, manufacture, recycling, 

processing, recovery, or reuse of Critical 

Minerals and other minerals. LPO will 

evaluate all applications on a case-bycase basis. 

Title XVII Projects 

Under Title XVII, DOE may, 

consistent with applicable law, issue 

loan guarantees in support of projects 

(‘‘Title XVII Eligible Projects’’) that: (a) 

Avoid, reduce, or sequester air 

pollutants or anthropogenic emissions 

of greenhouse gases; (b) employ new or 

significantly improved technologies as 

compared to commercial technologies in 

service in the United States at the time 

the guarantee is issued; (c) attain 

specified emission requirements (see 42 

U.S.C. 16513(d)); and (d) fall within the 

following categories (see 42 U.S.C. 

16513(b) and (c)): 

1. Renewable energy systems. 

2. Advanced fossil energy technology 

(including coal gasification that attains 

specified emission requirements) (see 42 

U.S.C.16513(d)). 

3. Hydrogen fuel cell technology for 

residential, industrial, or transportation 

applications. 

4. Advanced nuclear energy facilities. 

5. Carbon capture and sequestration 

practices and technologies, including 

agricultural and forestry practices that 

store and sequester carbon. 

6. Efficient electrical generation, 

transmission, and distribution 

technologies. 

7. Efficient end-use energy 

technologies. 

8. Production facilities for the 

manufacture of fuel-efficient vehicles or 

parts of those vehicles, including 

electric drive vehicles and advanced 

diesel vehicles. 

9. Pollution control equipment. 

10. Refineries, meaning facilities at 

which crude oil and other substances 

are refined into gasoline and other 

products. 

11. Certain gasification projects 

specified in 42 U.S.C. 16513(c). 

Examples of Potential Minerals Projects 

Under Title XVII 

Minerals or Minerals Production 

projects that may qualify for support 

under Title XVII include, without 

limitation, the following: 

1. Mining, processing, or milling of 

Critical Minerals utilizing efficient enduse energy technologies (Efficient end– 

use energy technologies); 

2. Processing or refining of uranium 

for nuclear fuel (Advanced nuclear 

energy facilities); 

3. Processing of zirconium for 

cladding of uranium fuel elements 

(Advanced nuclear energy facilities); 

4. Processing of antimony for use as 

a neutron source in nuclear reactors 

during reactor startup (Advanced 

nuclear energy facilities); 

5. Renewable energy projects that 

produce Critical Minerals as byproducts of, or adjuncts to, power 

generation activities, including 

geothermal projects that produce 

lithium or other Critical Minerals 

(Renewable energy systems); 

6. Advanced fossil energy projects 

that produce or extract Critical 

Minerals, including rare earth elements, 

from power plant byproducts (including 

fly ash and coal refuse) (Advanced fossil 

energy projects); and 

7. Other Critical Minerals projects that 

meet the criteria of Title XVII. 

Each applicant for a loan guarantee 

will be required to demonstrate that the 

proposed project satisfies the statutory 

requirements necessary for the proposed 

project to constitute a Title XVII Eligible 

Project. 


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