81 FR 46918 - Rio Grande LNG, LLC; Application for Long-Term, Multi-Contract Authorization To Export Liquefied Natural Gas to Non-Free Trade Agreement Nations

DEPARTMENT OF ENERGY

Federal Register Volume 81, Issue 138 (July 19, 2016)

Page Range46918-46920
FR Document2016-17025

The Office of Fossil Energy (FE) of the Department of Energy (DOE) gives notice of receipt of an application, filed on December 23, 2015, amended on June 7, 2016 (Application), by Rio Grande LNG, LLC (Rio Grande LNG). Rio Grande LNG requests long-term, multi-contract authorization to export domestically produced liquefied natural gas (LNG) in a volume equivalent to approximately 1,318 billion cubic feet (Bcf) per year of natural gas (3.61 Bcf per day). Rio Grande LNG seeks to export the LNG by vessel from its proposed natural gas liquefaction and LNG export terminal to be located in Cameron County, Texas, along the north embankment of the Brownsville Ship Channel (Rio Grande LNG Project). Rio Grande LNG requests authorization to export this LNG to any country with which the United States does not have 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).\1\ Rio Grande LNG seeks authorization to export this LNG for (a) a single 20-year primary term applicable to the entire Rio Grande LNG Project consisting of six (6) liquefaction trains commencing on the earlier of (i) the date of first export from the first of the Rio Grande LNG Project's trains to be commissioned, or (ii) seven (7) years from the date of the DOE/FE order authorizing such exports, coupled with (b) a five (5) year Make-Up Period at the conclusion of the 20-year primary term.\2\ Rio Grande LNG seeks to export this LNG on its own behalf and as agent for other entities who hold title to the LNG at the time of export. The Application was filed under section 3 of the Natural Gas Act (NGA). Additional details can be found in Rio Grande LNG's Application, posted on the DOE/FE Web site at: https://cms.doe.gov/ sites/prod/files/2016/07/f33/Rio_Grande15_190-LNG_App.pdf and in the amendment to the Application, posted on the DOE/FE Web site at: https:/ /cms.doe.gov/sites/prod/files/2016/07/f33/RGLNG_Amend06_07_16.pdf. Protests, motions to intervene, notices of intervention, and written comments are invited. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 138 (Tuesday, July 19, 2016)
[Federal Register Volume 81, Number 138 (Tuesday, July 19, 2016)]
[Notices]
[Pages 46918-46920]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17025]


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DEPARTMENT OF ENERGY

[FE Docket No. 15-190-LNG]


Rio Grande LNG, LLC; Application for Long-Term, Multi-Contract 
Authorization To Export Liquefied Natural Gas to Non-Free Trade 
Agreement Nations

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of application.

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SUMMARY: The Office of Fossil Energy (FE) of the Department of Energy 
(DOE) gives notice of receipt of an application, filed on December 23, 
2015, amended on June 7, 2016 (Application), by Rio Grande LNG, LLC 
(Rio Grande LNG). Rio Grande LNG requests long-term, multi-contract 
authorization to export domestically produced liquefied natural gas 
(LNG) in a volume equivalent to approximately 1,318 billion cubic feet 
(Bcf) per year of natural gas (3.61 Bcf per day). Rio Grande LNG seeks 
to export the LNG by vessel from its proposed natural gas liquefaction 
and LNG export terminal to be located in Cameron County, Texas, along 
the north embankment of the Brownsville Ship Channel (Rio Grande LNG 
Project). Rio Grande LNG requests authorization to export this LNG to 
any country with

[[Page 46919]]

which the United States does not have 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).\1\ 
Rio Grande LNG seeks authorization to export this LNG for (a) a single 
20-year primary term applicable to the entire Rio Grande LNG Project 
consisting of six (6) liquefaction trains commencing on the earlier of 
(i) the date of first export from the first of the Rio Grande LNG 
Project's trains to be commissioned, or (ii) seven (7) years from the 
date of the DOE/FE order authorizing such exports, coupled with (b) a 
five (5) year Make-Up Period at the conclusion of the 20-year primary 
term.\2\ Rio Grande LNG seeks to export this LNG on its own behalf and 
as agent for other entities who hold title to the LNG at the time of 
export. The Application was filed under section 3 of the Natural Gas 
Act (NGA). Additional details can be found in Rio Grande LNG's 
Application, posted on the DOE/FE Web site at: https://cms.doe.gov/sites/prod/files/2016/07/f33/Rio_Grande15_190-LNG_App.pdf and in the 
amendment to the Application, posted on the DOE/FE Web site at: https://cms.doe.gov/sites/prod/files/2016/07/f33/RGLNG_Amend06_07_16.pdf. 
Protests, motions to intervene, notices of intervention, and written 
comments are invited.
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    \1\ In the Application, Rio Grande LNG also requests 
authorization to export the same volume of LNG to any nation that 
currently has, or in the future may enter into, a FTA requiring 
national treatment for trade in natural gas, and with which trade is 
not prohibited by U.S. law or policy (FTA countries). DOE/FE will 
review that request separately pursuant to section 3(c) of the 
Natural Gas Act, 15 U.S.C. Sec.  717b(c).
    \2\ Rio Grande's proposed request is uniquely structured due to 
the scope of the Rio Grande LNG Project. The Rio Grande Project will 
be the largest LNG export project in the U.S. to be developed in a 
single phase.

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, September 19, 
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2016.

ADDRESSES: Electronic Filing by email: [email protected].
    Regular Mail: U.S. Department of Energy (FE-34), Office of 
Regulation and International 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 and 
International Engagement, Office of Fossil Energy, Forrestal Building, 
Room 3E-042, 1000 Independence Avenue SW., Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT: 
Beverly Howard, or Larine Moore, U.S. Department of Energy (FE-34), 
Office of Regulation and International Engagement, Office of Fossil 
Energy, Forrestal Building, Room 3E-042, 1000 Independence Avenue SW., 
Washington, DC 20585, (202) 586-9387; (202) 586-9578.
Edward Myers, U.S. Department of Energy (GC-76), Office of the 
Assistant General Counsel for Electricity and Fossil Energy, Forrestal 
Building, 1000 Independence Avenue SW., Washington, DC 20585, (202) 
586-9793.

SUPPLEMENTARY INFORMATION: 

DOE/FE Evaluation

    The Application will be reviewed pursuant to section 3(a) of the 
NGA, 15 U.S.C. 717b(a), and DOE will consider any issues required by 
law or policy. To the extent determined to be relevant, these issues 
will include the domestic need for the natural gas proposed to be 
exported, the adequacy of domestic natural gas supply, and U.S. energy 
security. DOE may also consider other factors bearing on the public 
interest, including the impact of the proposed exports on the U.S. 
economy, international considerations, and whether the authorization is 
consistent with DOE's policy of promoting competition in the 
marketplace by allowing commercial parties to freely negotiate their 
own trade arrangements. As part of this analysis, DOE will consider the 
following two studies examining the cumulative impacts of exporting 
domestically produced LNG:
     Effect of Increased Levels of Liquefied Natural Gas on 
U.S. Energy Markets, conducted by the U.S. Energy Information 
Administration upon DOE's request (2014 EIA LNG Export Study); \3\ and
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    \3\ The 2014 EIA LNG Export Study, published on Oct. 29, 2014, 
is available at: https://www.eia.gov/analysis/requests/fe/.
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     The Macroeconomic Impact of Increasing U.S. LNG Exports, 
conducted jointly by the Center for Energy Studies at Rice University's 
Baker Institute for Public Policy and Oxford Economics, on behalf of 
DOE (2015 LNG Export Study).\4\
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    \4\ The 2015 LNG Export Study, dated Oct. 29, 2015, is available 
at: http://energy.gov/sites/prod/files/2015/12/f27/20151113_macro_impact_of_lng_exports_0.pdf.

Additionally, DOE will consider the following environmental documents:
     Addendum to Environmental Review Documents Concerning 
Exports of Natural Gas From the United States, 79 FR 48132 (Aug. 15, 
2014); \5\ and
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    \5\ The Addendum and related documents are available at http://energy.gov/fe/addendum-environmental-review-documents-concerning-exports-natural-gas-united-states.
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     Life Cycle Greenhouse Gas Perspective on Exporting 
Liquefied Natural Gas From the United States, 79 FR 32260 (June 4, 
2014).\6\
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    \6\ The Life Cycle Greenhouse Gas Report is available at: http://energy.gov/fe/life-cycle-greenhouse-gas-perspective-exporting-liquefied-natural-gas-united-states.
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    Parties that may oppose this Application should address these 
issues 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. Due to the complexity of the issues raised by the 
Applicant, interested persons will be provided 60 days from the date of 
publication of this Notice in which to submit comments, protests, 
motions to intervene, or notices of intervention.
    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 [email protected], with FE Docket No. 15-190-LNG 
in the title line; (2) mailing an original and three paper copies of 
the filing to the Office of Regulation and International 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 and 
International Engagement at the address

[[Page 46920]]

listed in ADDRESSES. All filings must include a reference to FE Docket 
No. 15-190-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. 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.
    The Application is available for inspection and copying in the 
Office of Regulation and International 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: http://www.fe.doe.gov/programs/gasregulation/index.html.

    Issued in Washington, DC, on July 13, 2016.
John A. Anderson,
Director, Office of Regulation and International Engagement, Office of 
Oil and Natural Gas.
[FR Doc. 2016-17025 Filed 7-18-16; 8:45 am]
 BILLING CODE 6450-01-P


Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of application.
DatesProtests, 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, September 19,
ContactBeverly Howard, or Larine Moore, U.S. Department of Energy (FE-34), Office of Regulation and International Engagement, Office of Fossil Energy, Forrestal Building, Room 3E-042, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-9387; (202) 586-9578. Edward Myers, U.S. Department of Energy (GC-76), Office of the Assistant General Counsel for Electricity and Fossil Energy, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-9793.
FR Citation81 FR 46918 

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