[Federal Register Volume 89, Number 187 (Thursday, September 26, 2024)]
[Notices]
[Pages 78852-78854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22053]


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DEPARTMENT OF ENERGY

[Docket No. 12-156-LNG]


Golden Pass LNG Terminal LLC; Request for Extension of 
Commencement Deadline

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) of 
the Department of Energy (DOE), formerly the Office of Fossil Energy 
(FE), gives notice (Notice) of receipt of a request (Request) filed by 
Golden Pass LNG Terminal LLC (GPLNG or Golden Pass LNG) on August 28, 
2024. GPLNG requests an extension of the deadline in its current 
authorization to export domestically produced liquefied natural gas 
(LNG) to non-free trade agreement countries, set forth in DOE/FE Order 
No. 3978, as amended, to allow GPLNG to commence commercial export 
operations from the proposed GPLNG Export Terminal by March 31, 2027. 
This modification would extend GPLNG's existing commencement deadline 
by eighteen months. GPLNG filed the Request under the Natural Gas Act 
(NGA) and pursuant to DOE's Policy Statement on Export Commencement 
Deadlines in Authorizations to Export Natural Gas to Non-Free Trade 
Agreement Countries (Commencement Extension Policy). Protests, motions 
to intervene, notices of intervention, and written comments are 
invited.

DATES: Protests, motions to intervene, or notices of intervention, as 
applicable, requests for additional procedures, and written comments 
are to be filed as detailed in the Public Comment Procedures section no 
later than 4:30 p.m., Eastern time, October 28, 2024.

ADDRESSES: 
    Electronic Filing by Email (Strongly encouraged): 
<a href="/cdn-cgi/l/email-protection#badcdfc8dddbc9fad2cb94ded5df94ddd5cc"><span class="__cf_email__" data-cfemail="b8deddcadfd9cbf8d0c996dcd7dd96dfd7ce">[email protected]</span></a>.
    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, 
<a href="/cdn-cgi/l/email-protection#aec4cbc0c0c7c8cbdc80d9cfcacbeec6df80cac1cb80c9c1d8"><span class="__cf_email__" data-cfemail="9df7f8f3f3f4fbf8efb3eafcf9f8ddf5ecb3f9f2f8b3faf2eb">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#f181948398df849d839488b19980df959e94df969e87"><span class="__cf_email__" data-cfemail="eb9b8e9982c59e87998e92ab839ac58f848ec58c849d">[email protected]</span></a>
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, (240) 780-1691, <a href="/cdn-cgi/l/email-protection#7a191b09091b141e081b54181f0814090e1f13143a120b541e151f541d150c"><span class="__cf_email__" data-cfemail="f390928080929d978192dd9196819d8087969a9db39b82dd979c96dd949c85">[email protected]</span></a>

SUPPLEMENTARY INFORMATION:

Background

    On April 25, 2017, in DOE/FE Order No. 3978 (as amended),\1\ DOE

[[Page 78853]]

authorized GPLNG to export domestically produced LNG by vessel from the 
proposed GPLNG Export Terminal \2\ in Sabine Pass, Texas, 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).\3\ GPLNG is authorized to export this LNG in a volume 
equivalent to 937 billion cubic feet per year of natural gas for a term 
extending through December 31, 2050.\4\
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    \1\ Golden Pass LNG Terminal LLC, DOE/FE Order No. 3978, Docket 
No. 12-156-LNG (Apr. 25, 2017), reh'g denied, DOE/FE Order No. 3978-
A (Mar. 30, 2018), amended by DOE/FE Order No. 3978-B (Mar. 4, 2020) 
(transferring authorization from Golden Pass Products LLC to Golden 
Pass LNG Terminal LLC), further amended by DOE/FE Order No. 3978-C 
(Mar. 24, 2020) (extending export commencement deadline), further 
amended by DOE/FE Order No. 3978-D (Dec. 10, 2020) (extending export 
term), further amended by DOE/FECM Order No. 3978-E (Apr. 27, 2022) 
(increasing authorized volume), reh'g denied, DOE/FECM Order No. 
3978-F (June 24, 2022). In addition, GPLNG'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\ The initial order authorized exports from the ``existing 
Golden Pass LNG Terminal.'' The facility, with later modifications--
and including those currently under construction--is now known as 
the GPLNG Export Terminal.
    \3\ 15 U.S.C. 717b(a).
    \4\ DOE/FE Order No. 3978, as amended in DOE/FECM Order No. 
3978-E (Ordering Para. A).
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    GPLNG notes that the Federal Energy Regulatory Commission (FERC) 
initially approved its Project facilities, including the Terminal, in 
2016.\5\ GPLNG has also asked FERC to extend the in-service deadline 
associated with the Project facilities--currently November 30, 2026.\6\
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    \5\ Golden Pass Prods. LLC & Golden Pass Pipeline LLC, 157 FERC 
] 61,222 (2016).
    \6\ Golden Pass LNG Terminal LLC, Request for Extension of 
Commencement Deadline, Docket Nos. 12-156-LNG and 12-88-LNG, at 2 
n.6 (Aug. 28, 2024) [hereinafter Request]. The ``in-service 
deadline'' refers to the date by which the Project's facilities must 
be operational under FERC's authorization, rather than the date by 
which commercial exports must begin under DOE's authorization.
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    As relevant here, Order No. 3978, as amended, requires GPLNG to 
make its first export of LNG from the Terminal no later than September 
30, 2025.\7\
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    \7\ DOE/FECM Order No. 3978-E, at 53 (Ordering Para. A). 
Additionally, GPLNG asks DOE to amend its existing FTA authorization 
(DOE/FE Order No. 3147, as amended). DOE will address the FTA 
portion of the Request separately pursuant to NGA section 3(c), 15 
U.S.C. 717b(c).
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Request for Extension

    In its Request, GPLNG asks DOE to extend the deadline for 
commencement of commercial LNG export operations from the GPLNG 
terminal by 18 months to March 31, 2027.\8\ GPLNG states that the 
additional 18-month period would account ``for both the delays caused 
by the bankruptcy filing of the lead construction contractor, Zachry 
Industrial Inc. [(Zachry)], remaining uncertainties regarding the 
transition to a new lead contractor, possible unpredictable delays that 
may occur during the remaining construction activities such as 
potential hurricane impacts, and for commissioning and start-up 
activities.'' \9\ GPLNG maintains that its Request is consistent with 
DOE's April 2023 Policy Statement on Export Commencement Deadlines,\10\ 
and that its proposed exports remain consistent with the public 
interest under NGA section 3(a).\11\
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    \8\ Request at 2.
    \9\ Id.
    \10\ U.S. Dep't of Energy, Policy Statement on Export 
Commencement Deadlines in Authorizations to Export Natural Gas to 
Non-Free Trade Agreement Countries, 88 FR 25,272 (Apr. 26, 2023), 
https://www.energy.gov/sites/default/files/2023-06/Policy%20Statement%20on%20Export%20Commencement%20Deadlines%20in%20Authorizations%20to%20Export%20Natural%20Gas%20to%20Non-Free%20Trade%20Agreement%20Countries.pdf [hereinafter Commencement 
Extension Policy].
    \11\ See Request at 2.
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    In support of its Request, GPLNG asserts that good cause exists to 
grant the requested conditional extension of time, and that GPLNG's 
authorized exports remain in the public interest. GPLNG also states 
that it meets the criteria established by DOE in the Commencement 
Extension Policy for such requests. Specifically, GPLNG argues that 
``an extension of the commercial operations deadline is necessary due 
to extenuating circumstances outside of [its] control,'' \12\ and that 
it ``has been continuously and steadily engaged in construction'' of 
the export facilities for over five years.\13\ GPLNG represents that at 
the time it filed its Request, ``the LNG Facility [was] approximately 
80% complete, including design and engineering work, and 65% complete 
in terms of physical construction.'' \14\ GPLNG executed an 
engineering, procurement, and construction (EPC) contract in January 
2019, with Zachry as lead contractor.\15\ GPLNG states that Zachry was 
not able to complete the Project following a series of problems, and 
that Zachry notified GPLNG of its plan to exit the Project in April 
2024, then filed for bankruptcy in May 2024.\16\ Although another party 
to the EPC contract has taken over as lead construction contractor, 
GPLNG is not confident that the Project can be completed by the current 
commencement deadline.\17\
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    \12\ Id.
    \13\ Id. at 3.
    \14\ Id. at 4.
    \15\ Id. at 5-6.
    \16\ Id. at 8.
    \17\ See Request at 9.
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    Additionally, GPLNG contends not only that its proposed exports are 
consistent with the public interest regardless of its commencement 
deadline, but also that ``cancelling the Project at this stage would be 
affirmatively contrary to the public interest.'' \18\ GPLNG states that 
it has already invested billions of dollars in the Project, has over 
one thousand active operations contracts, and ``has sold 100% of the 
LNG production.'' \19\ GPLNG concludes that ``the public interest is 
served by this request to avoid the tremendous loss of jobs, economic 
activity, tax revenue benefiting state, regional and local governments, 
and billions of dollars of sunk private investment.'' \20\
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    \18\ Id. at 10.
    \19\ Id.
    \20\ Id. at 12.
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    Additional details can be found in the Request, posted on the DOE 
website at: https://www.energy.gov/sites/default/files/2024-08/Binder1.pdf.

DOE Evaluation

    In reviewing GPLNG's Request, DOE will consider any issues required 
by law or policy under NGA section 3(a), DOE's regulations, DOE's 
Commencement Extension Policy, 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 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 GPLNG's non-FTA application in Docket No. 12-
156-LNG.\21\ Therefore, DOE will not consider comments or protests that 
do not bear directly on this Request.
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    \21\ See supra note 1.
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    Any person wishing to become a party to this proceeding evaluating 
GPLNG's

[[Page 78854]]

Request must file a motion to intervene or notice of intervention.\22\ 
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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    \22\ Status as an intervenor in prior proceeding(s) in this 
docket does not continue to this proceeding evaluating GPLNG'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 <a href="/cdn-cgi/l/email-protection#711714031610023119005f151e145f161e07"><span class="__cf_email__" data-cfemail="fa9c9f889d9b89ba928bd49e959fd49d958c">[email protected]</span></a>;
    (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. 
12-156-LNG'' or ``GPLNG 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 September 23, 2024.
Amy R. Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of 
Resource Sustainability.
[FR Doc. 2024-22053 Filed 9-25-24; 8:45 am]
BILLING CODE 6450-01-P


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