29142 Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Notices 

1See E.O. 13985, Advancing Racial Equity and 

Support for Underserved Communities; E.O. 14020, 

Establishment of the White House Gender Policy 

Council; and E.O. 14008, Tackling the Climate 

Crisis at Home and Abroad. 2FACT SHEET: President Biden sets 2030 

Greenhouse Gas Pollution Reduction Target Aimed 

at Creating Good-paying Union Jobs and Securing 

U.S. Leadership on Clean Energy Technologies, 

https://www.whitehouse.gov/briefing-room/ 

statements-releases/2021/04/22/fact-sheetpresident-biden-sets-2030-greenhouse-gaspollution-reduction-target-aimed-at-creating-goodpaying-union-jobs-and-securing-u-s-leadership-onclean-energy-technologies/. 

3Strengthening prosperity—by expanding good, 

safe union jobs and supporting job growth through 

investments in domestic manufacturing—is a key 

goal set by President Biden and is discussed in 

depth in his Executive Orders (EOs) on Ensuring 

the Future Is Made in All of America by All of 

America’s Workers (E.O. 14005), Tackling the 

Climate Crisis at Home and Abroad (E.O. 14008), 

Worker Organizing and Empowerment (E.O. 14025), 

and Promoting Competition in the American 

Economy (E.O. 14036). 

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, 

including the service requirements. 

As noted, DOE is only accepting 

electronic submissions at this time. 

Please email the filing to fergas@

hq.doe.gov. All filings must include a 

reference to ‘‘Docket No. 22–22–LNG’’ 

or ‘‘Cove Point LNG, LP Application’’ in 

the title line. 

Please Note: 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. 

The Application and any filed 

protests, motions to intervene, notices of 

interventions, and comments will also 

be available electronically by going to 

the following DOE Web address: https:// 

www.energy.gov/fecm/division-naturalgas-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 May 6, 2022. 

Amy Sweeney, 

Director, Office of Regulation, Analysis, and 

Engagement, Office of Resource 

Sustainability. 

[FR Doc. 2022–10170 Filed 5–11–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Notice of Intent and Request for 

Information Regarding Establishment 

of a Transmission Facilitation Program 

AGENCY: Grid Deployment Office, 

Department of Energy. 

ACTION: Notice of intent (NOI); request 

for information (RFI). 

SUMMARY: The Infrastructure Investment 

and Jobs Act (IIJA or the Act) directs the 

Secretary of Energy (Secretary) to 

establish a program, to be known as the 

‘‘Transmission Facilitation Program’’ or 

‘‘TFP,’’ under which the Secretary shall 

facilitate the construction of electric 

power transmission lines and related 

facilities. The U.S. Department of 

Energy (DOE or Department) Grid 

Deployment Office is issuing this NOI to 

notify interested parties of its intent to 

implement the TFP and to describe the 

proposed approach for participation by 

eligible entities in the TFP. The 

Department also seeks input from all 

stakeholders through this RFI regarding 

the application process, criteria for 

qualification, and selection of eligible 

projects to participate in the TFP. 

DATES: Written comments and 

information are requested on or before 

June 13, 2022. 

ADDRESSES: Interested parties may 

submit comments by any of the 

following methods: Federal 

eRulemaking Portal: https://

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name and 

identifier. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information may 

be sent to: TransmissionFacilitation@

hq.doe.gov. Questions about the NOI 

and RFI may be addressed to Carrie 

Cobb at (202) 586–1411. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 15, 2021, President 

Joseph R. Biden, Jr. signed the 

Infrastructure Investment and Jobs Act 

(IIJA, also known as the Bipartisan 

Infrastructure Law (BIL)). The BIL is a 

once-in-a-generation investment in 

infrastructure, which provides the 

backbone for a more sustainable, 

resilient, and equitable economy 

through enhancing U.S. competitiveness 

in the world, diversifying regional 

economies to include supply chain and 

manufacturing industries, creating good 

union jobs, and ensuring stronger access 

to economic and other benefits for 

underserved communities. The BIL 

appropriates more than $62 billion to 

DOE to ensure the clean energy future 

delivers true economic prosperity to the 

American people. Principles of equity 

and justice will guide BIL 

implementation, including the 

implementation of the TFP, consistent 

with the Biden Administration’s 

commitments to ensure that 

overburdened, underserved, and 

underrepresented individuals and 

communities have access to federal 

resources.1

As part of the BIL implementation, 

DOE is authorized to borrow from the 

Treasury, without further appropriation 

and without fiscal year limitation, up to 

$2.5 billion in outstanding repayable 

balances at any one time for the purpose 

of carrying out the TFP. The expansion 

of transmission infrastructure facilitated 

by the TFP lays the groundwork for 

increasing the availability of lower cost 

and low carbon electricity sources. This 

will support the Biden Administration’s 

goal to achieve a carbon-free electric 

grid by 2035 and a net zero emissions 

economy by 2050.2 In addition, the BIL 

directs that DOE support strong and 

equitable economic growth,3 enhanced 

transmission system reliability and 

resilience, increased interregional 

transfers and the use of technology that 

enhances transmission system capacity, 

efficiency, resilience, or reliability. 

Amounts borrowed by DOE, together 

with all amounts received by DOE as 

receipts, collections, and recoveries 

relating to the eligible projects 


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4 IIJA Sec. 40106(b). 

5 IIJA Section 40106(f)(3). 

6 IIJA Section 40106(f)(7). 

7 IIJA Section 40106(f)(5). 

8 IIJA Section 40106(f)(5)(B). 

9 IIJA Section 40106(f)(5)(C)–(D). 

10 IIJA Section 40106(e)(1)(B). 

11 IIJA Section 40106(g). 

supported under the TFP (including, for 

example, capacity contract marketing 

receipts, loan repayments, and eligible 

entity contributions under a publicprivate partnership) and any amounts 

appropriated for the program, will be 

placed in the ‘‘Transmission Facilitation 

Fund’’ for the purpose of carrying out 

the TFP. The TFP offers three forms of 

facilitation to assist eligible with the 

construction of new, replacement, and 

upgraded high-capacity transmission 

lines.: Capacity contracts, loans, and 

public-private partnerships. The IIJA 

directs the Secretary of Energy to 

prioritize projects that, to the maximum 

extent possible, improve resilience and 

reliability of the grid; facilitate interregional transfer of electricity; lower 

electric sector greenhouse gas 

emissions; and use technology that 

enhances the capacity, efficiency, 

resilience, or reliability of the 

transmission system. The TFP must 

judiciously use the tools included in the 

statute to support projects that both 

meet the statute’s articulated goals and 

provide a reasonable expectation that 

the costs of capacity contracts, loans, or 

public-private partnerships borne by the 

Federal Government will be repaid. 

Community engagement will be 

central to the successful implementation 

of all phases of the TFP. Projects funded 

through the BIL provisions will include 

Equity, Environmental and Energy 

Justice principles and priorities. Equity 

requires the consideration of existing 

barriers underserved and 

underrepresented individuals and 

communities face when accessing 

Federal resources. Environmental and 

energy justice principles include 

procedural justice, distributive justice, 

recognition justice, and restorative 

justice. In keeping with the 

administration’s goals, and as an agency 

whose mission includes strengthening 

our country’s energy prosperity, DOE 

intends to use this program to support 

the creation of good-paying jobs with 

the free and fair choice to join a union, 

the incorporation of strong labor 

standards, and high-road workforce 

development, especially registered 

apprenticeship and quality preapprenticeship. This program will also 

support the Justice40 Initiative, which 

aims to provide 40 percent of the overall 

benefits of certain Federal investments 

to Disadvantaged Communities. 

II. Purpose of NOI and RFI 

DOE is seeking opportunities that 

optimize the use of the available TFP 

funds to accelerate the deployment of 

transmission facilities that will best 

serve the national interest. The NOI 

describes DOE’s proposed approach to 

soliciting applications for TFP 

facilitation, identifying information that 

applicants would provide in an 

application, and describing the criteria 

that will be used to evaluate 

applications. The RFI includes 

questions based on DOE’s proposed 

approach, as well as other matters 

relevant to the implementation and 

administration of the TFP. 

The NOI and RFI seek information on 

TFP implementation. Responses to the 

NOI and RFI should not include 

applications or requests for facilitation 

of any transmission projects. 

Applications will be accepted after DOE 

issues an initial solicitation for 

proposals seeking TFP support. 

III. Summary of TFP Features 

A. Key Definitions. The TFP was 

established in the IIJA to authorize the 

Secretary to ‘‘facilitate the construction 

of electric power transmission lines and 

related facilities,’’ 4 using tools 

delineated in the statute. The IIJA 

language establishing the TFP defined 

four terms that are central to describing 

the program, and those are reproduced 

here: 

• ‘‘Eligible electric power 

transmission line’’ means an electric 

power transmission line that is capable 

of transmitting not less than (a) 1,000 

megawatts (MW); or (b) in the case of a 

project that consists of upgrading an 

existing transmission line or 

constructing a new transmission line in 

an existing transmission, transportation, 

or telecommunications infrastructure 

corridor, 500 MW. 

• ‘‘Eligible entity’’ means an entity 

seeking to carry out an eligible project. 

• ‘‘Eligible project’’ means a project 

(including any related facility) (a) to 

construct a new or replace an existing 

eligible electric power transmission 

line; (b) to increase the transmission 

capacity of an existing eligible electric 

power transmission line; or (c) to 

connect an isolated microgrid to an 

existing transmission, transportation, or 

telecommunications infrastructure 

corridor located in Alaska, Hawaii, or a 

territory of the United States. 

• ‘‘Capacity contract’’ means a 

contract entered into by the Secretary 

and an eligible entity for the right to the 

use of the transmission capacity of an 

eligible project. 

B. Three Tools Available to DOE. 

Under the TFP, DOE can offer three 

types of support to facilitate 

construction of eligible projects. These 

tools are: 

1. Capacity Contracts. DOE is 

authorized to purchase the right to use 

transmission capacity of up to 50 

percent of the total proposed 

transmission capacity of the 

transmission line from an eligible 

project for a term of not more than 40 

years.5 DOE participation is to help 

provide certainty to developers, 

operators, and marketers that customer 

revenue will be sufficient to justify the 

construction of a transmission line that 

meets current and future needs. 

Applications for capacity contracts are 

not required to account for National 

Environmental Policy Act (NEPA) 

environmental impact review, because 

DOE’s entry into a capacity contract 

does not independently trigger NEPA 

review.6 DOE may terminate the 

capacity contract as soon as practicable 

after determining that there is sufficient 

subscription to the new project to 

ensure the project’s long-term financial 

viability.7 DOE may transfer contractual 

rights to transmission capacity to a third 

party upon payment by the third party.8

DOE may also relinquish contractual 

rights back to the developer of the 

project, upon payment to DOE for those 

rights by the developer 9 If DOE has not 

terminated or transferred the capacity 

before the eligible project enters service, 

DOE is required to market the 

transmission capacity of the project to 

which it holds rights under a capacity 

contract. DOE is also required to seek to 

ensure that any power marketing 

contract maximizes the financial return 

to the Federal Government. 

2. Loans. DOE is authorized to make 

loans to eligible entities for the costs of 

carrying out an eligible project.10 The 

interest rate on a TFP loan shall be fixed 

by DOE, taking into consideration 

market yields on outstanding 

marketable obligations of the United 

States of comparable maturities as of the 

date of the loan.11 To the extent 

consistent with the underlying purposes 

and scope of the TFP, DOE anticipates 

that the TFP loan process will be similar 

to the process for evaluating DOE loans 

and loan guarantees offered by the Loan 

Programs Office (LPO) or federal Power 

Marketing Administrations. For 

example, loans issued by LPO are 

subject to a thorough and formal due 

diligence process before DOE offers 

conditional commitment to borrowers. 

Applicants should expect a similar 

process before a final loan commitment 


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12 IIJA Section 40106(h). 

will be made by DOE for any request for 

TFP facilitation. 

3. Public-Private Partnerships. DOE is 

authorized to undertake public-private 

partnerships under which DOE will 

participate with an eligible entity in 

designing, developing, constructing, 

operating, maintaining, or owning an 

eligible project. Among other 

requirements, a public-private 

partnership eligible project may be 

located in an area designated as a 

national interest electric transmission 

corridor pursuant to section 216(a) of 

the Federal Power Act, 16 U.S.C. 

824p(a) (NIETC), or the eligible project 

must be necessary to accommodate an 

actual or projected increase in demand 

for electric transmission capacity across 

more than one State or transmission 

planning region.12 DOE anticipates that 

TFP public-private partnerships will be 

similar in structure and process to, and 

may confer similar benefits to, 

transmission projects undertaken 

pursuant to Section 1222 of the Energy 

Policy Act of 2005 (42 U.S.C. 16421), 

except that DOE has funding available 

under the TFP to invest in an eligible 

project. 

IV. Proposed Approach 

The IIJA directs the Secretary to 

establish procedures for the solicitation 

and review of applications from eligible 

entities. DOE proposes the following 

solicitation process and key application 

requirements and application evaluation 

considerations. 

A. Proposed TFP Solicitation Process 

The DOE proposes to conduct an 

initial solicitation for eligible projects 

seeking capacity contracts, as detailed 

herein. In subsequent solicitations, DOE 

will conduct additional solicitations 

applicable to some or all of the three 

facilitation mechanisms available under 

the TFP (capacity contract, loan, publicprivate partnership). At present, DOE 

plans to conduct a TFP solicitation at 

least annually, assuming funds are 

available. The annual solicitation 

process may be focused on one or all of 

the TFP mechanisms, depending on 

market needs and available funding. 

1. Initial Solicitation: The first 

solicitation will be limited to applicants 

seeking capacity contracts for eligible 

projects that will commence commercial 

operation no later than December 31, 

2027, if DOE authorizes a capacity 

contract. The timing of DOE’s 

determination on a request for support 

will be based on the time necessary to 

conduct due diligence on the proposed 

project, to negotiate with the sponsor, to 

consult with affected stakeholders, 

including regional transmission 

planning regions, and to finalize the 

definitive legal documents that will 

govern each transaction. If an applicant 

is found to be eligible and its project 

meets the selection criteria, but it is not 

selected in the first round of TFP 

capacity contracts, the applicant is 

welcome to submit another application 

when DOE issues subsequent 

solicitations. 

DOE expects its first solicitation will 

be issued in 2022 and a second 

solicitation will be issued in early 2023. 

In the second solicitation, DOE 

currently anticipates it will invite 

applications for all the forms of support 

available from the TFP: Capacity 

contracts, loans, public-private 

partnerships, as well as support for 

connecting microgrids in Alaska, 

Hawaii, or a U.S. Territory. As with the 

initial solicitation, the timing of DOE’s 

determination on a request for support 

in subsequent solicitations will include 

the time necessary to conduct due 

diligence on the proposed project and to 

finalize definitive legal documents 

governing the transaction. Following the 

second solicitation, the types and 

amounts of TFP support offered in 2024 

and beyond will be identified in the 

solicitation documentation. 

In the following sections, DOE states 

its expectations for the first solicitation, 

that is, the solicitation for eligible 

projects seeking capacity contracts for 

eligible projects that could be in 

commercial operation by December 31, 

2027. 

2. Solicitation Announcement. 

Following review and consideration of 

comments received in response to the 

RFI issued herewith, DOE proposes to 

issue a solicitation announcement 

seeking applications for eligible 

projects. The solicitation announcement 

will include detailed requirements for 

applications, and an application form to 

be submitted to DOE. Applicants should 

expect the information requested to 

include the items identified in this NOI. 

The solicitation announcement may 

identify paths or regions that DOE 

prefers for the location of eligible 

projects that promote the goals of the 

TFP, including to promote grid 

flexibility, increase reliability and 

resilience, and connect communities to 

greater opportunity for lower-cost, 

lower-carbon electric generation 

resources. 

3. Timeline. The solicitation 

announcement will include a deadline 

for applications and will provide a 

timeline for DOE’s selection process. 

The solicitation will include guidance 

regarding DOE’s expectations for its 

review of applications, for selection of 

projects for negotiation of capacity 

contracts, for the due diligence process, 

and for the execution of capacity 

contracts. 

B. TFP Eligibility Determination 

The IIJA includes specific, objective 

eligibility requirements for participation 

in the TFP. If DOE determines that an 

application fails to demonstrate the 

proposed project is eligible for TFP 

support, DOE may provide a written 

notice of that decision to the applicant. 

If a proposed project is determined by 

DOE to be ineligible, the application 

supporting it will not be considered 

further by DOE (unless supplemented 

with information demonstrating, to 

DOE’s satisfaction, that the project 

meets the eligibility criteria). 

To demonstrate eligibility, the entity 

seeking to carry out the project must 

certify at least one of the following 

regarding the proposed project: 

• If the project proposes construction 

of a new transmission line that is not in 

an existing transmission, transportation, 

or telecommunications corridor, the 

new transmission line will be capable of 

transmitting not less than 1,000 

megawatts. 

• If the project proposes upgrading an 

existing transmission line or 

constructing a new transmission line in 

an existing transmission, transportation, 

or telecommunications corridor, the 

transmission line will be capable of 

transmitting not less than 500 

megawatts. 

• If replacing an existing line, the 

existing line being replaced will be one 

that would be eligible for TFP (transmits 

not less than 1,000 megawatts if not in 

an existing corridor, or not less than 500 

megawatts if in an existing corridor). 

• The proposed project will increase 

the transmission capacity of an existing 

line that would be eligible for TFP (the 

existing line must transmit no less than 

500 megawatts). 

• Rather than, or in addition to, 

demonstrating compliance with the 

factors identified above, the project will 

connect an isolated microgrid to an 

existing transmission, transportation, or 

telecommunications infrastructure 

corridor located in Alaska, Hawaii, or a 

territory of the United States. 

The applicant must also certify that 

the proposed transmission line project 

does not include related facilities used 

primarily to generate electric energy or 

used in the local distribution of electric 

energy. 

If DOE determines that information 

submitted in the application establishes 

that the proposed project is an eligible 

project, then the application will be 


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13See Section 40106(j)(8). 

14 ‘‘Project labor agreement’’ means a pre-hire 

collective bargaining agreement with one or more 

labor organizations that establishes the terms and 

conditions of employment for a specific 

construction project and is an agreement described 

in 29 U.S.C. 158(f). 

reviewed to determine if it meets the 

standards necessary for the Secretary to 

certify that the proposed project may 

receive TFP facilitation. 

C. Selection and Execution 

As a condition to facilitation of an 

eligible project using any of the tools 

available in the TFP, DOE must certify 

that: (a) The eligible project is in the 

public interest; (b) the eligible project is 

unlikely to be constructed in a timely 

manner or with as much transmission 

capacity in the absence of facilitation 

provided from the TFP; and (c) there is 

a reasonable expectation that the 

proceeds from the eligible project will 

be adequate to recover the cost of DOE’s 

facilitation activities for the eligible 

project. In evaluating projects for 

possible solicitation, DOE will prioritize 

projects that advance the TFP’s statutory 

objectives.13 DOE proposes to make 

such determinations based on the 

application materials submitted for a 

project, consultation with DOE and 

outside experts and stakeholders, and 

any financial or technical due diligence 

needed by DOE. Applicants must 

provide information on the following 

issues to support DOE’s certification of 

their project for TFP facilitation. 

1. The applicant must demonstrate 

that the eligible project is unlikely to be 

constructed in as timely a manner or 

with as much transmission capacity in 

the absence of TFP facilitation. 

To assess whether an eligible project 

is unlikely to be constructed in as 

timely a manner or with as much 

transmission capacity in the absence of 

TFP facilitation, DOE will request 

applicants provide information 

including: 

• A status report on the proposed 

project, and the nature of the challenges 

the project sponsor currently faces that 

prevent or hinder construction of the 

project. 

• An explanation of why the 

proposed project is unlikely to be built, 

or unlikely to be built with as much 

transmission capacity, absent the TFP 

support. 

• A description of how the applicant 

believes TFP support would mitigate or 

eliminate the barriers to successful 

construction of the proposed project. 

2. The applicant must demonstrate 

that its proposed project has a realistic 

chance of being constructed and going 

into commercial operation if DOE 

approves TFP assistance. 

An applicant must demonstrate that 

its proposed project has a realistic 

chance of being constructed and going 

into commercial operation if DOE 

approves TFP assistance. DOE expects 

that projects further along in the 

development process will be more 

effectively assisted by the tools available 

under the TFP. 

The information DOE expects to 

request will address the regulatory, 

financial, commercial, and affected 

community issues that are key to the 

success of large transmission projects. 

Applicants must provide a thorough 

explanation of their project, detailed 

information regarding necessary 

regulatory approvals, financial data, and 

modeling sufficient to enable DOE to 

assess the prospects of cost recovery or 

repayment to DOE of TFP support from 

the proceeds of the project. 

DOE proposes to seek the following 

information to determine the readiness 

of the proposed project, including but 

not limited to: 

• A detailed description of the 

proposed project, including the 

transmission facilities and related 

facilities, the proposed route, the 

equipment that will be used to construct 

the line, its anticipated capacity and 

line ratings, points of interconnection, 

unidirectional or bidirectional 

capabilities, cybersecurity plan, and the 

proposed schedule for completing 

construction and interconnection of the 

project. 

• The status of the Federal, Tribal, 

State, and local permits, approvals, and 

other legal authority necessary to 

construct, own, and operate the 

transmission line as proposed and the 

project sponsor’s schedule for obtaining 

all necessary permits and approvals. 

• Identification of the rights-of-way, 

easements, or other land use 

arrangements necessary for construction 

of the proposed project that the project 

sponsor has in place, and what land use 

arrangements remain to be completed to 

successfully undertake construction and 

operation of the proposed project. 

Applicants should detail the community 

and stakeholder outreach they have 

undertaken, and plan to undertake in 

the future, to inform those along the 

route of the proposed project of its 

potential impacts on their communities. 

The description of community and 

stakeholder engagement should include 

concerns raises, issues resolved in 

writing, and issues outstanding. 

• A schedule showing the length of 

time the project will take from the date 

of its application, and from its notice to 

proceed with construction, to 

commercial operation of the line. The 

timeline should include key milestones 

and required permits or regulatory 

approvals that could accelerate or delay 

completion of the proposed project. 

• Evidence demonstrating that the 

proposed project is consistent with 

regional transmission plans and 

priorities. 

• An estimate of the time required to 

complete grid interconnection(s) 

necessary to successfully operate the 

proposed project, including the length 

of time the project expects to be in any 

interconnection queues. 

• The scope of the generation 

resources available or expected to be 

available and their competitive status 

relative to other resources able to meet 

the same goals and needs. 

• The number and estimated financial 

value of firm commitments from 

transmission customers for the electric 

power to be transmitted by the proposed 

project. The applicant should detail the 

steps it has taken and plans to take to 

market the unsold transmission capacity 

on the proposed project. 

• Detailed information about: (a) The 

project sponsor’s experience in planning 

and completing transmission projects; 

and (b) the management team that will 

be responsible for construction and 

operation of the line. 

• The identification of the equity 

investors in the project and the amounts 

invested to date, and the amount of, or 

prospects for, debt instruments to 

finance construction of the project. This 

information should include evidence of 

the financial strength of the equity and 

debt participants in the project. 

• The identification of companies or 

other entities that the project sponsor 

expects to: (a) Own, operate, and 

maintain the project’s transmission lines 

and related facilities once commercial 

operations are underway; and (b) be 

engaged to market the power to be 

transmitted by the line. 

• The status of the vendor contracts 

necessary to complete the construction 

of the project. This information should 

include planned or executed contracts 

for Engineering, Procurement, and 

Construction (EPC) services and project 

management. 

• A description of engagement with 

the relevant construction trade unions 

and the status of negotiations on Project 

Labor Agreements 14 that address skill 

certifications, use of registered 

apprentices, dispute resolution, project 

stabilization, and other conditions. 

• A certification that the planning, 

construction, and operation of the line 

will comply with federal ‘‘Made In 


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15 ‘‘Made in America Laws’’ means all statutes, 

regulations, rules, and Executive Orders relating to 

Federal financial assistance awards or Federal 

procurement, including those that refer to ‘‘Buy 

America’’ or ‘‘Buy American,’’ that require, or 

provide a preference for, the purchase or 

acquisition of goods, products, or materials 

produced in the United States, including iron, steel, 

and manufactured products offered in the United 

States. Made in America Laws include laws 

requiring domestic preference for maritime 

transport, including the Merchant Marine Act of 

1920 (Pub. L. 66–261), also known as the Jones Act. 

Exec. Order No. 14,005, 86 FR 7475, § 2(b) (Jan. 28, 

2021), available at https://www.federalregister.gov/ 

documents/2021/01/28/2021-02038/ensuring-thefuture-is-made-in-all-of-america-by-all-of-americasworkers. Made in America Laws also include laws 

that give preference to Indian-owned and 

-controlled businesses, such as the Buy Indian Act 

(25 U.S.C. 47), that produce items in the United 

States. 

16Public Law 117–58, § 70901–52. 

17 IIJA Section 40106(j)(8). 18Section 40106(f)(3). 

America’’ laws,15 including the Build 

America, Buy America Act.16

3. The applicant must demonstrate 

that there is a reasonable expectation 

that the proceeds from the eligible 

project will be adequate to recover the 

cost of DOE’s facilitation activities for 

the eligible project. 

DOE intends to execute the TFP in a 

manner that optimizes the use of 

available funds, and that provides a 

reasonable expectation that the proceeds 

from the eligible project will be 

adequate for DOE to recover the cost of 

support it provides to the eligible 

project at the earliest reasonable date. 

Accordingly, applicants should provide 

information including: 

• Evidence that the proposed project 

is not duplicative of the functions of 

existing transmission lines. 

• An estimate of the length of time 

after commencement of commercial 

operation that the sponsor expects DOE 

would need to maintain its position 

under a capacity contract. 

• Data showing the expected demand 

for transmission capacity provided by 

the project, the need for the electricity 

expected to be transmitted by the 

project, the competitiveness of the 

energy supplied by the project, and the 

savings to the affected customers while 

DOE holds an interest. 

When it provides such information, 

the applicant should also identify the 

risks and uncertainties its estimates are 

subject to, as well as other factors that 

would affect the value of DOE’s interest 

in the capacity contract. 

4. The applicant must explain how 

the eligible project advances the 

priorities established for TFP facilitation 

in the IIJA. 

The IIJA directs that, in evaluating 

projects for TFP facilitation, DOE shall 

prioritize projects that will achieve 

specific objectives.17 Applicants should 

provide information demonstrating how 

an eligible project would: 

• Use technologies that enhance the 

capacity, efficiency, resiliency, or 

reliability of an electric power 

transmission system, including (a) 

reconductoring of an existing electric 

power transmission line with advanced 

conductors; and (b) hardware or 

software that enables dynamic line 

ratings, advanced power flow control, or 

grid topology optimization; and (c) 

additional grid-enhancing technologies 

the applicant anticipates including in 

the proposed project. 

• Improve the resiliency and 

reliability of an electric power 

transmission system. 

• Facilitate interregional transfer 

capacity that supports strong and 

equitable economic growth. 

• Contribute to national or 

subnational goals to lower electricity 

sector greenhouse gas emissions, 

including the national goal to achieve 

100% clean electricity by 2035. 

D. Possible Types of Contracts 

In the first solicitation, DOE will 

identify capacity contract transaction 

structure(s) for which it is soliciting 

applications. DOE expects that it will 

negotiate individual transactions with 

each eligible project selected for TFP 

support, but that the transactions will be 

based on a consistent set of contract 

forms. The contracts will include terms 

applicable to and appropriate for each of 

the selected eligible projects and eligible 

entities. 

In the general form, DOE expects 

capacity contract agreements may 

include elements of the following types 

of contracts commonly used for 

transmission services to secure capacity 

for the eligible project, permit DOE to 

market its capacity, and ultimately to 

exit from the eligible project. 

• Precedent Transmission Service 

Agreement. An agreement DOE enters 

into with the transmission owner, that 

describes the events and circumstances 

that must occur before a Transmission 

Service Agreement takes effect. A 

precedent agreement would identify the 

terms under which DOE will enter into 

the Transmission Service Agreement to 

take long-term firm transmission 

service. This agreement would be in 

effect before transmission service is 

available from the eligible project, and 

would include terms such as: 

—A project that receives TFP 

facilitation, once commercially 

operational, will operate its facilities 

used for transmitting electric energy 

in interstate commerce under an open 

access, non-discriminatory 

transmission tariff. 

—Termination provisions with and 

without fee options for either party 

should be considered as appropriate. 

In addition, remedies should be 

provided if specified conditions 

precedent are not met. For example, if 

project construction is not begun or 

completed by a date certain, the 

contract would establish the terms on 

which a party may terminate its 

commitment; and 

—Provisions governing the sale of 

capacity to third parties prior to 

commercial operation. For example, a 

‘‘most favored nation’’ provision 

could be included to ensure that DOE 

receives terms of service at least as 

favorable as any subsequent capacity 

customer. The agreement could also 

include a requirement that the eligible 

entity developing the eligible project 

include capacity contracted with DOE 

in a pro rata proportion when it sells 

uncommitted capacity to third parties. 

Another alternative might be to allow 

DOE to reduce its commitment as 

third parties contract for uncommitted 

capacity above a certain level. 

• Transmission Service Agreement. 

DOE would enter into this agreement 

with the transmission owner to provide 

DOE with firm point-to-point 

transmission service along the 

contracted paths for the term of the 

agreement. The agreement would 

include: 

—Price, volume, tenor of capacity 

commitment (DOE capacity contracts 

may be for up to 50% of the total 

transmission capacity of the eligible 

project, with a tenor of up to forty (40) 

years); 18

—Incorporation of the transmission 

provider’s open access transmission 

tariff; and 

—Right of DOE to market its contract 

capacity, both short-term and on a 

permanent basis, and may include a 

most favored nation right as described 

previously. 

• Transmission Capacity Resale 

Agreement. This agreement would 

provide a contractual mechanism for 

resale on a short-term basis of capacity 

rights that DOE may agree from time to 

time to make available. The agreement 

is entered into between DOE and third 

parties who seek transmission capacity 

for less than the full term or full volume 

of the capacity contract. The agreement 

would include: 

—Terms addressing creditworthiness of 

the parties; 

—Billing and payment terms and 

conditions; and 


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19See Section 40106(f)(5). 

—Terms identifying DOE’s continued 

responsibility with respect to the 

capacity contract. 

• Transmission Capacity Transfer or 

Relinquishment Agreement. This 

Agreement would reflect DOE’s right to 

permanently transfer to a third party, or 

relinquish to the project developer, 

DOE’s contractual rights to transmission 

capacity. This agreement would enable 

DOE to sell its transmission rights and 

terminate the TFP capacity contract, as 

contemplated by the IIJA.19 Terms of 

this agreement would include: 

—Terms addressing creditworthiness of 

the party to whom DOE transfers or 

relinquishes its contractual capacity 

rights; and 

—The process by which DOE effectuates 

its exit from the project. 

• Transmission Remarketing Agency 

Agreement. This would be the 

agreement between DOE and a 

remarketing agent, to remarket the 

transmission capacity and ultimately to 

find a party to novate DOE’s capacity 

contract. This agreement would enable 

an agent to post DOE’s transmission 

capacity for sale on a transmission 

owner’s Open Access Same-Time 

Information System (OASIS). The agent 

would be required to meet contractual 

standards defined by DOE for its 

performance as DOE’s remarketing 

agent. 

These examples are identified to 

explain the types of agreements DOE 

expects to be involved in a TFP capacity 

contract transaction. They do not 

constitute an exhaustive list of legal 

agreements necessary to complete a TFP 

transaction. 

V. Questions for Requests for 

Information 

DOE seeks comment regarding all 

elements of the proposed approach to 

the TFP described in the previous 

sections. In addition, DOE seeks 

comment on the following specific 

questions. 

A. General 

(1) Please comment on the TFP 

solicitation process proposed in this 

NOI. What are the potential positive and 

negative impacts of limiting the initial 

solicitation to capacity contracts for 

projects that can be completed by 

December 31, 2027? Rather than 

conducting separate solicitation 

processes, should DOE request 

applications under a single solicitation 

that remains open for a rolling review 

and determination process? What are 

the merits and demerits of using one 

approach or another to achieve TFP’s 

objectives? 

(2) When considering the merits of 

TFP applications, how should DOE 

consider the impact a proposed project 

has on reliability and resilience, 

reducing greenhouse gas emissions, 

generating host community benefits, 

encouraging strong labor standards the 

growth of union jobs and expanding 

career-track workforce development in 

various regions of the country, 

improving energy equity and achieving 

environmental justice goals, maximizing 

the use of products and materials made 

in the United States, and maintaining or 

improving energy security? How should 

DOE evaluate eligible projects that 

include benefits that may vary across 

the set of preferred impacts? To what 

extent should DOE consider 

additionality of outcome on these 

dimensions? What information should 

DOE seek from applicants to inform 

such considerations? What metrics and 

methods are available for conducting 

such evaluations? 

(3) To what extent should maximizing 

the benefit from federal expenditures be 

a factor considered when comparing 

eligible projects? How should the 

‘‘benefit’’ be interpreted and measured, 

either in financial terms, in terms of 

system benefits, or in terms of policy 

outcomes as outlined in Question 2? 

Please provide recommendations for a 

methodology for making such 

comparisons of benefit. 

(4) What are the best tools for 

ensuring availability of a skilled 

workforce to support timely, efficient 

implementation, project continuity, and 

success? Specifically, how should DOE 

encourage the use of Project Labor 

Agreements that specify required 

certifications, dispute resolution, and 

utilization of registered apprentices? 

(5) Are there methods and approaches 

to implementing TFP that amplify and 

leverage the funding available through 

TFP, and accelerate the greatest quantity 

of new transmission development that 

will best serve the national interest, 

including by cost-effectively increasing 

resilience and reducing greenhouse gas 

emissions, while promoting economic 

growth and energy justice? 

(6) Are there other policy parameters 

not listed previously that should inform 

the determination of which proposals 

most cost-effectively achieve the 

objectives of the TFP? What criteria 

would indicate achievement of such 

parameters? What metrics and methods 

are available for evaluating a proposed 

project’s potential to achieve the 

criteria? 

(7) Are there types of eligible projects, 

however defined, where the TFP is an 

especially suitable and useful method of 

providing financial support, relative to 

other forms of financial support, from 

DOE or other programs? 

(8) What criteria should DOE consider 

for determining that ‘‘the eligible project 

is unlikely to be constructed in as 

timely a manner or with as much 

transmission capacity in the absence of 

facilitation’’ provided by the TFP? 

(9) Should DOE establish a standard 

format and methodology for each 

applicant to present economic data, 

projections, analysis, and other 

information in support of an application 

for TFP support? If so, please address 

the components that should be included 

as part of a standard format and 

methodology and what information 

should be required. Or alternatively, 

please identify methods or processes 

that are employed in other federal or 

non-federal programs, such as the DOE 

Loan Guarantee Program, that could be 

adopted by the TFP as standard 

methods for assessing applications. 

(10) The IIJA calls upon DOE to 

consult with, and consider the views of, 

specific organizations in its 

considerations of capacity contracts. 

Before DOE can enter into a capacity 

contract, the statute requires DOE to 

consult with the relevant transmission 

planning region regarding the region’s 

identification of needs, and DOE is 

instructed to avoid duplication or 

conflict with a region’s needs 

determination when selecting 

projects.14 What information should 

DOE seek from an applicant, 

transmission owner or operator, or from 

a regional transmission organization or 

regional reliability organization to 

satisfy the consultation requirement in 

the statute? What are the appropriate 

points in the process when such 

consultation should occur? 

(11) Please identify any regulatory or 

business barriers that might impede the 

implementation of the TFP. Please 

propose solutions to eliminate or 

mitigate any identified barriers. 

(12) Recognizing that transmission 

projects are located based on the 

availability of generation, and 

ultimately customers to buy that 

generation, and have limited long term 

direct employment impacts: 

• What equity, energy and 

environmental justice concerns or 

priorities are most relevant for the TFP? 

How can these concerns or priorities be 

addressed in TFP implementation? 

• How might the TFP encourage 

greater employment, equity, 

environmental justice, and economic 

growth? What mechanisms are available 

to DOE and eligible transmission 


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29148 Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Notices 

20Pro Forma Open Access Transmission Tariff 

(OATT), available at Pro Forma OATT—effective 

March 14, 2022, | Federal Energy Regulatory 

Commission (ferc.gov). 

projects encourage these outcomes? 

How should the results be measured? 

• What regional and local factors 

should be considered when evaluating 

TFP applications (e.g., economic 

considerations, policy considerations, 

labor-management partnerships, 

environmental and energy justice 

considerations, geology, workforce 

availability and skills, current industrial 

and other relevant infrastructure and 

storage available/repurposed/reused, 

industry partners, minority-serving 

institutions (MSIs), minority-owned 

businesses, regional specific resources, 

security of supply, climate risk, etc.)? 

(13) If DOE asks for a market analysis 

as part of the application process, what 

should the analysis include so that DOE 

can be confident that a proposed project 

will be successful? What qualifications 

should be required of the parties 

preparing such analyses? 

(14) What can DOE provide that 

would be helpful to an eligible project 

to facilitate its collaborations with 

potential financing partners? 

(15) What data should DOE collect 

from TFP recipients to evaluate the 

impact of the program? How should this 

data and the program outcomes be 

disseminated to the public? 

(16) Please provide any other input 

DOE should consider in the 

establishment and implementation of 

the TFP, including any other 

information and criteria that might be 

useful in DOE’s approach for and 

implementation of the certification, due 

diligence review, and selection process. 

B. Microgrid Projects 

(17) The ‘‘eligible project’’ definition 

for the TFP includes a project ‘‘to 

connect an isolated microgrid to an 

existing transmission, transportation, or 

telecommunications infrastructure 

corridor located in Alaska, Hawaii, of a 

territory of the United States.’’ Which of 

the forms of TFP support (capacity 

contracts, loans, or public-private 

partnerships) are expected to be most 

useful to the projects to connect 

microgrids to existing infrastructure 

corridors as contemplated in the IIJA? 

What criteria should be used to evaluate 

qualification of microgrids for support 

under the TFP? 

C. Capacity Contracts 

(18) Is it advisable for DOE to limit its 

first solicitation to applications seeking 

capacity contracts for projects that are 

able to commence commercial operation 

by December 31, 2027, and defer 

applications to a subsequent solicitation 

for projects supported by capacity 

contracts but with a later forecasted 

commercial operation date, or for 

projects seeking TFP loans or publicprivate partnerships? 

(19) The IIJA calls on DOE to seek to 

enter into capacity contracts that will 

encourage other entities to enter into 

contracts for the transmission capacity 

of the eligible projects. On what basis 

should DOE assess whether a capacity 

contract with an applicant will 

encourage other entities to enter 

contracts for transmission capacity? 

(20) Should DOE use any standards, 

or collect information from applicants, 

different from what is described in this 

NOI for selecting among applicants for 

capacity contracts? If so, please suggest 

alternative standards or information 

requirements. 

(21) The FERC Pro Forma Open 

Access Tariff 20 allows transmission 

customer rollover rights with a 

minimum contract term of five years. If 

the DOE capacity contract with an 

eligible entity had a term of five years, 

would that be sufficient to successfully 

facilitate construction of an eligible 

project? If not, what is the minimum 

contract term length required, with or 

without rollover rights, needed to 

successfully facilitate construction of an 

eligible project? 

(22) What conditions precedent 

would be sufficient for DOE to terminate 

its contract prior to commercial 

operation of an eligible project? 

(23) Should capacity contracts 

include provisions that authorize DOE 

to terminate the contract for 

convenience subject to a termination 

fee? What, if any, impact would such a 

termination provision (and associated 

fee) have on an eligible project’s 

financing, rate design, or a rate review 

and approval required from FERC? 

(24) Should DOE enter into contingent 

offers with multiple eligible entities, 

and award final capacity contracts to the 

projects that achieve significant 

milestones first? If so, what should be 

the significant milestones be? What, if 

any, impact would such an approach 

have on an eligible project’s financing, 

rate design, or a rate review and 

approval required from FERC? 

(25) Is it advisable for DOE, when 

selecting eligible projects for capacity 

contracts, to prioritize projects that have 

a certain percentage of capacity already 

subscribed? If so, what should that 

percentage be? What level of 

commitment (firm supply versus other 

types of capacity subscription) should 

DOE require eligible entities to 

demonstrate to be selected for a capacity 

contract? How should applicants be 

required to document such 

commitments? Should DOE’s capacity 

be capped as a ratio of the firm 

subscription obtained before the 

execution of a capacity contract? If so, 

what should that ratio be? 

(26) Should DOE require counterparties to capacity contracts to offer 

DOE’s capacity to other customers on a 

pro rata share before being able to sell 

the remaining capacity on an eligible 

project to other customers? 

(27) DOE seeks to exit its capacity 

contract as soon as practicable after 

determining that sufficient transmission 

capacity has been secured by other 

entities to ensure the long-term financial 

viability of an eligible project. What 

other contract mechanisms are available 

to limit DOE’s commitment so it may 

exit, and free up funds obligated to 

support future projects? 

(28) Should DOE receive a more 

favorable rate for its capacity 

commitment than other subscribers, to 

reflect its first mover position? 

(29) Please comment on the forms of 

contractual arrangements discussed 

previously, and whether the types of 

contracts mentioned are appropriate 

vehicles for achieving the statutory 

requirements and goals of the TFP. If 

not, please suggest other contractual 

arrangements or structures that would 

more effectively meet the IIJA’s 

requirements and goals. DOE welcomes 

inclusion of examples of proposed 

contract terms as part of a response to 

this RFI. 

VII. Response Guidelines 

NOI/RFI responses shall include: 

• NOI/RFI title and reference number; 

• Name(s), phone number(s), and 

email address(es) for the principal 

point(s) of contact; 

• Institution or organization 

affiliation and postal address; and 

• Clear indication of the specific 

question(s) to which you are 

responding. 

Responses including business 

proprietary information will be handled 

per guidance in Section VIII. 

NOI/RFI responses should be 

submitted electronically to 

www.regulations.gov. 

VIII. Business Proprietary Information 

Pursuant to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be business 

proprietary and exempt by law from 

public disclosure should submit via 

email two well-marked copies: One 

copy of the document marked ‘‘Business 

Proprietary’’ including all the 

information believed to be proprietary, 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Notices 29149 

1 15 U.S.C. 717b(a). 

2 Venture Global Plaquemines LNG, LLC, DOE/FE 

Order No. 4446, Docket No. 16–28–LNG, Opinion 

and Order Granting Long-Term Authorization to 

Export Liquefied Natural Gas to Non-Free Trade 

Agreement Nations (Oct. 16, 2019), amended by 

DOE/FE Order No. 4446–A (Oct. 21, 2020) 

(extending export term). 

3 Id. 

4This Notice applies only to the portion of the 

Application requesting an amendment to 

Plaquemines LNG’s non-FTA order. DOE will 

review separately the portion of the Application 

requesting an amendment to its existing 

authorization to export LNG to FTA countries, 

pursuant to section 3(c) of the NGA, 15 U.S.C. 

717b(c). 

and one copy of the document marked 

‘‘non-Proprietary’’ deleting all 

information believed to be business 

proprietary. DOE will make its own 

determination about the business 

proprietary status of the information 

and treat it according to its 

determination. Factors of interest to 

DOE when evaluating requests to treat 

submitted information as business 

proprietary include: (1) A description of 

the items; (2) whether and why such 

items are customarily treated as 

business proprietary within the 

industry; (3) whether the information is 

generally known by or available from 

other sources; (4) whether the 

information has previously been made 

available to others without obligation 

concerning its business proprietary 

nature; (5) an explanation of the 

competitive injury to the submitting 

person which would result from public 

disclosure; (6) when such information 

might lose its business proprietary 

character due to the passage of time; and 

(7) why disclosure of the information 

would be contrary to the public interest. 

Signing Authority 

This document of the Department of 

Energy was signed on May 6, 2022, by 

Patricia A. Hoffman, Acting Director of 

the Grid Deployment Office, 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. The 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on May 6, 2022. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2022–10137 Filed 5–11–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

[Docket No. 16–28–LNG] 

Venture Global Plaquemines LNG, 

LLC; Application for Limited 

Amendment to Existing Long-Term, 

Multi-Contract 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. 

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 an 

application (Application), filed on 

March 11, 2022, by Venture Global 

Plaquemines LNG, LLC (Plaquemines 

LNG). In relevant part, Plaquemines 

LNG requests a limited amendment of 

its existing authorization to export 

domestically produced liquefied natural 

gas (LNG) to non-free trade agreement 

(non-FTA) countries, issued in Order 

No. 4446 (as amended in Order No. 

4446–A). The amendment would 

increase Plaquemines LNG’s approved 

non-FTA export volume from 1,240 

billion cubic feet per year (Bcf/yr) to 

1,405.33 Bcf/yr of natural gas—an 

increase of 165.33 Bcf/yr. Plaquemines 

LNG 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 

electronically as detailed in the Public 

Comment Procedures section no later 

than 4:30 p.m., Eastern time, July 11, 

2022. 

ADDRESSES:

Electronic Filing by email: fergas@

hq.doe.gov. 

Although DOE has routinely accepted 

public comment submissions through a 

variety of mechanisms, including postal 

mail and hand delivery/courier, DOE 

has found it necessary to make 

temporary modifications to the 

comment submission process in light of 

the ongoing Covid–19 pandemic. DOE is 

currently accepting only electronic 

submissions at this time. If a commenter 

finds that this change poses an undue 

hardship, please contact Office of 

Resource Sustainability staff at (202) 

586–4749 or (202) 586–7893 to discuss 

the need for alternative arrangements. 

Once the Covid–19 pandemic health 

emergency is resolved, DOE anticipates 

resuming all of its regular options for 

public comment submission, including 

postal mail and hand delivery/courier. 

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, 

jennifer.wade@hq.doe.gov or 

peri.ulrey@hq.doe.gov. 

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 cassandra.bernstein@

hq.doe.gov. 

SUPPLEMENTARY INFORMATION: In Order 

No. 4446–A, Plaquemines LNG is 

currently authorized under NGA section 

3(a) 1 to export domestically produced 

LNG in a volume equivalent to 1,240 

Bcf/yr of natural gas from the 

Plaquemines LNG Project (the Project), 

which Plaquemines LNG states is 

currently under construction in 

Plaquemines Parish, Louisiana.2

Plaquemines LNG is authorized to 

export this LNG by vessel 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 countries), 

for a term extending through December 

31, 2050.3

In the Application, as relevant here,4

Plaquemines LNG asks DOE to amend 

Order No. 4446 (as amended) to increase 

its non-FTA export volume from 1,240 

Bcf/yr to 1,405.33 Bcf/yr of natural gas. 

According to Plaquemines LNG, this 

increase reflects a refinement in the 

final design of the Project. Plaquemines 

LNG states that it is contemporaneously 

filing an application with the Federal 

Energy Regulatory Commission (FERC) 


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