[Federal Register Volume 87, Number 118 (Tuesday, June 21, 2022)]
[Notices]
[Pages 36838-36839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13193]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

[Docket Nos. 13-04-LNG and 16-109-LNG]


Lake Charles LNG Export Company, LLC; Application To Amend Export 
Term Through December 31, 2050, for Existing Non-Free Trade Agreement 
Authorizations

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 May 24, 2022, by Lake Charles LNG Export Company, LLC (Lake 
Charles LNG Export). Lake Charles LNG Export seeks to amend the export 
term set forth in its current authorizations to export liquefied 
natural gas (LNG) to non-free trade agreement countries, DOE/FE Order 
Nos. 3868 and 4010 (both as amended), to a term ending on December 31, 
2050. Lake Charles LNG Export 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, 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 6, 2022.

ADDRESSES: 
    Electronic Filing by email: <a href="/cdn-cgi/l/email-protection#e5838097828496a58d94cb818a80cb828a93"><span class="__cf_email__" data-cfemail="0a6c6f786d6b794a627b246e656f246d657c">[email protected]</span></a>.
    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, 
<a href="/cdn-cgi/l/email-protection#1379767d7d7a7576613d64727776537b623d777c763d747c65"><span class="__cf_email__" data-cfemail="f399969d9d9a959681dd84929796b39b82dd979c96dd949c85">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#a8d8cddac186ddc4dacdd1e8c0d986ccc7cd86cfc7de"><span class="__cf_email__" data-cfemail="51213423387f243d2334281139207f353e347f363e27">[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, (202) 586-9793, <a href="/cdn-cgi/l/email-protection#1c7f7d6f6f7d72786e7d327e796e726f687975725c746d32787379327b736a"><span class="__cf_email__" data-cfemail="1e7d7f6d6d7f707a6c7f307c7b6c706d6a7b77705e766f307a717b30797168">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Lake Charles LNG Export is authorized to 
export domestically produced LNG by vessel from the Lake Charles 
Terminal, located in Lake Charles, Louisiana, 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), 
pursuant to NGA section 3(a),\1\ under the following orders and their 
amendments:
---------------------------------------------------------------------------

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

    <bullet> DOE/FE Order No. 3868 (Docket No. 13-04-LNG), in a volume 
equivalent to 730 billion cubic per year (Bcf/yr) of natural gas.\2\
---------------------------------------------------------------------------

    \2\ Lake Charles LNG Export Co., LLC, DOE/FE Order No. 3868, 
Docket No. 13-04-LNG, Opinion and Order Granting Long-Term, Multi-
Contract Authorization to Export Liquefied Natural Gas by Vessel 
From the Lake Charles Terminal in Calcasieu Parish, Louisiana, to 
Non-Free Trade Agreement Nations (July 29, 2016), amended by Order 
No. 3868-A (Oct. 6, 2020) (amending the commencement of operations 
deadline).
---------------------------------------------------------------------------

    <bullet> In DOE/FE Order No. 4010 (Docket No. 16-109-LNG), in a 
volume equivalent to 121 Bcf/yr of natural gas.\3\
---------------------------------------------------------------------------

    \3\ Lake Charles LNG Export Co., LLC, DOE/FE Order No. 4010, 
Docket No. 16-109-LNG, Opinion and Order Granting Long-Term, Multi-
Contract Authorization to Export Liquefied Natural Gas by Vessel 
From the Lake Charles Terminal in Lake Charles, Louisiana, to Free 
Trade and Non-Free Trade Agreement Nations (June 29, 2017), amended 
by Order No. 4010-A (Oct. 6, 2020) (amending the commencement of 
operations deadline). The portion of this order authorizing Lake 
Charles LNG Export to export LNG to FTA countries is not subject to 
this Notice. See 15 U.S.C. 717b(c).
---------------------------------------------------------------------------

    In the Application,\4\ Lake Charles LNG Export asks DOE to extend 
the 20-year export term set forth in both Order No. 3868 and the non-
FTA portion of Order No. 4010 to a term ending on December 31, 2050, as 
provided in the Policy Statement.\5\ Additional details can be found in 
the Application, posted on the DOE website at: www.energy.gov/sites/default/files/2022-06/Lake%20Charles%20LNG%20Export%20Company%20LLC%20DOE%20Application%20Re%202050.pdf.
---------------------------------------------------------------------------

    \4\ Lake Charles LNG Export Co., LLC, Application to Amend 
Export Term for Existing Long-Term Authorizations Through December 
31, 2050, Docket Nos. 13-04-LNG and 16-109-LNG (May 24, 2022). Lake 
Charles LNG Export's request regarding its FTA authorization, Order 
No. 3252 (Docket No. 13-04-LNG), is not subject to this notice. See 
15 U.S.C. 717b(c).
    \5\ U.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].
---------------------------------------------------------------------------

DOE 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.\6\ 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.\7\ 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.'' \8\
---------------------------------------------------------------------------

    \6\ See id., 85 FR 52247.
    \7\ See id., 85 FR 52247.
    \8\ Id., 85 FR 52247.
---------------------------------------------------------------------------

    Accordingly, in reviewing Lake Charles LNG Export's Application, 
DOE 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),\9\ DOE's

[[Page 36839]]

response to public comments received on that Study,\10\ and the 
following environmental documents:
---------------------------------------------------------------------------

    \9\ See NERA Economic Consulting, Macroeconomic Outcomes of 
Market Determined Levels of U.S. LNG Exports (June 7, 2018), 
available at: www.energy.gov/sites/prod/files/2018/06/f52/Macroeconomic%20LNG%20Export%20Study%202018.pdf.
    \10\ U.S. Dep't of Energy, Study on Macroeconomic Outcomes of 
LNG Exports: Response to Comments Received on Study; Notice of 
Response to Comments, 83 FR 67251 (Dec. 28, 2018).
---------------------------------------------------------------------------

    <bullet> Addendum to Environmental Review Documents Concerning 
Exports of Natural Gas From the United States, 79 FR 48132 (Aug. 15, 
2014); \11\
---------------------------------------------------------------------------

    \11\ The Addendum and related documents are available at: 
https://energy.gov/fe/draft-addendum-environmental-review-documents-concerning-exports-natural-gas-united-states.
---------------------------------------------------------------------------

    <bullet> Life Cycle Greenhouse Gas Perspective on Exporting 
Liquefied Natural Gas From the United States, 79 FR 32260 (June 4, 
2014); \12\ and
---------------------------------------------------------------------------

    \12\ The 2014 Life Cycle Greenhouse Gas Report is available at: 
https://energy.gov/fe/life-cycle-greenhouse-gas-perspective-exporting-liquefied-natural-gas-united-states.
---------------------------------------------------------------------------

    <bullet> Life Cycle Greenhouse Gas Perspective on Exporting 
Liquefied Natural Gas From the United States: 2019 Update, 84 FR 49278 
(Sept. 19, 2019), and DOE's response to public comments received on 
that study.\13\
---------------------------------------------------------------------------

    \13\ U.S. Dep't of Energy, Life Cycle Greenhouse Gas Perspective 
on Exporting Liquefied Natural Gas From the United States: 2019 
Update--Response to Comments, 85 FR 72 (Jan. 2, 2020). The 2019 
Update and related documents are available at: https://fossil.energy.gov/app/docketindex/docket/index/21.
---------------------------------------------------------------------------

    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 Lake Charles LNG Export's long-
term non-FTA applications. 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, 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 Nos. 13-04-LNG and 16-09-LNG'' or 
``Lake Charles LNG Export Company, LLC Term Extension'' 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: 
www.energy.gov/fecm/regulation.
    A decisional record on the Application will be developed through 
responses to this Notice by parties, including the parties' written 
comments and replies thereto. Additional procedures will be used as 
necessary to achieve a complete understanding of the facts and issues. 
If an additional procedure is scheduled, notice will be provided to all 
parties. If no party requests additional procedures, a final 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 June 14, 2022.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of 
Resource Sustainability.
[FR Doc. 2022-13193 Filed 6-17-22; 8:45 am]
BILLING CODE 6450-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>