81 FR 51867 - Record of Decision and Floodplain Statement of Findings for the Lake Charles LNG Export Company, LLC Application To Export Liquefied Natural Gas to Non-Free Trade Agreement Countries
DEPARTMENT OF ENERGY Federal Register Volume 81, Issue 151 (August 5, 2016)
Federal Register Volume 81, Issue 151 (August 5, 2016)
| Page Range | 51867-51870 | |
| FR Document | 2016-18651 |
[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)] [Notices] [Pages 51867-51870] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18651] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Record of Decision and Floodplain Statement of Findings for the Lake Charles LNG Export Company, LLC Application To Export Liquefied Natural Gas to Non-Free Trade Agreement Countries AGENCY: Office of Fossil Energy, Department of Energy. ACTION: Record of decision. ----------------------------------------------------------------------- SUMMARY: The U.S. Department of Energy (DOE) announces its decision in Lake Charles LNG Export Company, LLC (Lake Charles LNG Export), DOE/FE Docket No. 13-04-LNG,\1\ to issue DOE/FE Order No. 3868 granting final long-term, multi contract authorization for Lake Charles LNG Export to engage in export of domestically produced liquefied natural gas (LNG) from the Lake Charles Terminal located in Lake Charles, Calcasieu Parish, Louisiana (Terminal), in a volume equivalent to 730 Bcf/yr of natural gas for a term of 20 years. Lake Charles LNG Export is seeking to export LNG from the Terminal to countries with which the United States has not entered into a free trade agreement (FTA) that requires national treatment for trade in natural gas, and with which trade is not prohibited by U.S. law or policy (non-FTA countries). Order No. 3868 is issued under section 3 of the Natural Gas Act (NGA) \2\ and 10 CFR part 590 of the DOE regulations.\3\ DOE participated as a cooperating agency with the Federal Energy Regulatory Commission (FERC) in preparing an environmental impact statement (EIS) \4\ analyzing the potential [[Page 51868]] environmental impacts resulting from modification of the existing facilities at the Terminal. --------------------------------------------------------------------------- \1\ On Oct. 10, 2014, Trunkline LNG Export, LLC filed a request in DOE/FE Dkt. No. 13-04-LNG to change its corporate name to Lake Charles LNG Export Company, LLC. Subsequently, DOE/FE issued Order 3252-A granting the name change. See Lake Charles LNG Export Company, LLC, DOE/FE Order No. 3252-A, FE Dkt. No. 13-04-LNG (March 18, 2015). \2\ The authority to regulate the imports and exports of natural gas, including liquefied natural gas, under section 3 of the NGA (15 U.S.C. 717b) has been delegated to the Assistant Secretary for FE in Redelegation Order No. 00-006.02 issued on November 17, 2014. \3\ 10 CFR part 590 (2012). \4\ Federal Energy Regulatory Commission, Final Environmental Impact Statement for the Lake Charles Liquefaction Project, Docket Nos. CP14-119-000, CP14-120-000, and CP14-122-000 (Aug. 2015). ADDRESSES: The EIS and this Record of Decision (ROD) are available on DOE's National Environmental Policy Act (NEPA) Web site at: http://energy.gov/nepa/nepa-documents. Order No. 3868 is available on DOE/FE's Web site at: http://www.fossil.energy.gov/programs/gasregulation/authorizations/2013_applications/Lake_Charles_LNG_Export_13-04-LNG.html. For additional information about the docket in these proceedings, contact Larine Moore, U.S. Department of Energy (FE-34), Office of Regulation and International Engagement, Office of Oil and Natural Gas, Office of Fossil Energy, Room 3E-042, 1000 Independence --------------------------------------------------------------------------- Avenue SW., Washington, DC 20585. FOR FURTHER INFORMATION CONTACT: To obtain additional information about the EIS or the ROD, contact Mr. Kyle W. Moorman, U.S. Department of Energy (FE-34), Office of Regulation and International Engagement, Office of Oil and Natural Gas, Office of Fossil Energy, Room 3E-042, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-5600, or Mr. Edward Le Duc, U.S. Department of Energy (GC-51), Office of the Assistant General Counsel for Environment, 1000 Independence Avenue SW., Washington, DC 20585. SUPPLEMENTARY INFORMATION: DOE prepared this ROD and Floodplain Statement of Findings pursuant to the National Environmental Policy Act of 1969 (42 United States Code [U.S.C.] 4321, et seq.), and in compliance with the Council on Environmental Quality (CEQ) implementing regulations for NEPA (40 Code of Federal Regulations [CFR] parts 1500 through 1508), DOE's implementing procedures for NEPA (10 CFR part 1021), and DOE's ``Compliance with Floodplain and Wetland Environmental Review Requirements'' (10 CFR part 1022). Background Lake Charles LNG Export is a Delaware limited liability company, with its principal place of business in Houston, Texas.\5\ On January 10, 2013, Lake Charles LNG Export filed the application (Application) with DOE/FE seeking authorization to export domestically produced LNG from proposed liquefaction facilities (Liquefaction Project) to be located at the existing Terminal in Lake Charles, Louisiana. Lake Charles LNG Export proposes to export this LNG to non-FTA countries in a total volume equivalent to 730 billion cubic feet per year (Bcf/yr) of natural gas. --------------------------------------------------------------------------- \5\ For more information on the corporate background, see DOE Order 3868, Final Opinion and Order Granting Long-Term, Multi- Contract Authorization to Export Liquefied Natural Gas by Vessels from the Lake Charles Terminal in Calcasieu Parish, Louisiana to Non-Free Trade Agreement Nations, issued July 29, 2016. --------------------------------------------------------------------------- The Terminal is owned and operated by a corporate affiliate currently known as Lake Charles LNG Company, LLC (Lake Charles LNG).\6\ The Liquefaction Project will be owned by Lake Charles LNG Export. Both of these entities are owned by Energy Transfer Equity, L.P. and Energy Transfer Partners, L.P. --------------------------------------------------------------------------- \6\ In September 2014, Trunkline LNG Company, LLC changed its name to Lake Charles LNG Company, LLC. See, Lake Charles LNG Export Co. LLC, DOE/FE Order No. 3252-A, FE Docket No. 13-04-LNG, Order Granting Request to Amend DOE/FE Order No. 3252 and Pending Application to Reflect Corporate Name Change (Mar. 18, 2015). --------------------------------------------------------------------------- Lake Charles LNG Export states that FERC certificated the Terminal in 1977 and the original construction was completed in 1981.\7\ According to Lake Charles LNG Export, the Terminal currently has a firm sustained sendout capacity of 1.8 Bcf/d and a peak sendout capacity of 2.1 Bcf/day. The Terminal has four LNG storage tanks with a combined capacity of approximately 425,000 cubic meters of LNG, or approximately 9.0 Bcf of natural gas. The Terminal's natural gas liquids processing facilities allow the extraction of ethane and other heavier hydrocarbons from the LNG stream. --------------------------------------------------------------------------- \7\ Trunkline LNG Co., et al., 58 FPC 726 (Opinion No. 796), order on reh'g 58 FPC 2935 (1977) (Opinion No. 796-A). --------------------------------------------------------------------------- Project Description Among other features, the Liquefaction Project will include a new liquefaction facility consisting of three liquefaction trains, modifications and upgrades at the existing Terminal, and approximately 0.5 miles of 48-inch diameter feed gas line in Calcasieu Parish, Louisiana, to supply natural gas to the liquefaction facility from existing gas transmission pipelines.\8\ --------------------------------------------------------------------------- \8\ See Trunkline LNG Company, LLC et al., Supplemental Notice of Intent to Prepare an Environmental Impact Statement for the Planned Lake Charles Liquefaction Project and Request for Comments on Environmental Issues, FERC Docket No. PF12-8-000, at 2 (Mar. 21, 2013), available at http://energy.gov/sites/prod/files/EIS-0491-FERC-SNOI-2013.pdf. --------------------------------------------------------------------------- Lake Charles LNG Export states that, following completion of the Liquefaction Project, the Terminal will be bi-directional, meaning it will be capable of importing or exporting LNG, and its peak and sustained sendout capabilities will not be affected. EIS Process FERC was the lead federal agency and initiated the NEPA process by publishing a Notice of Intent (NOI) to prepare an EIS in the Federal Register (FR) on September 20, 2012 (77 FR 58373); DOE was a cooperating agency. FERC issued the draft EIS for the Liquefaction Project on April 10, 2015 (80 FR 20489), and the final EIS on August 20, 2015 (80 FR 50622). The final EIS addresses comments received on the draft EIS. Among other resource areas, the final EIS addresses geology, soils, water, wetlands, wildlife, air quality and noise, cumulative impacts and alternatives.\9\ --------------------------------------------------------------------------- \9\ See Final EIS at 1-10, Table 1.3-1 Key Environmental Concerns Identified During the Scoping Process for the Lake Charles Liquefaction Project. --------------------------------------------------------------------------- The final EIS recommended that FERC subject any approval of Lake Charles LNG Export's proposed Liquefaction Project to 96 conditions to reduce the environmental impacts that would otherwise result from the construction and operation of the project. On December 17, 2015, FERC issued an Order Granting Section 3 and Section 7 Authorizations and Approving Abandonment (FERC Order),\10\ which authorized Lake Charles LNG to site, construct, and operate the Lake Charles Liquefaction Project, subject to 95 of the 96 environmental conditions in Appendix B of that Order. --------------------------------------------------------------------------- \10\ Trunkline Gas Co., LLC, et al., Order Granting Section 3 and Section 7 Authorizations and Approving Abandonment, 153 FERC ] 61,300 (Dec. 17, 2015). --------------------------------------------------------------------------- In accordance with 40 CFR 1506.3, after an independent review of FERC's final EIS, DOE/FE adopted FERC's final EIS for the Lake Charles Liquefaction Project (DOE/EIS-0491), and the U.S. Environmental Protection Agency published a notice of the adoption on July 15, 2016 (81 FR 46077). Addendum to Environmental Review Documents Concerning Exports of Natural Gas From the United States (Addendum) On June 4, 2014, DOE/FE published the Draft Addendum to Environmental Review Documents Concerning Exports of Natural Gas From the United States (Draft Addendum) for public comment (79 FR 32258). The purpose of this review was to provide additional information to the public concerning the potential environmental impacts of unconventional natural gas exploration and production activities, including hydraulic fracturing. Although not required by NEPA, DOE/FE prepared the Addendum in an effort to be responsive to the public and to provide [[Page 51869]] the best information available on a subject that had been raised by commenters in this and other LNG export proceedings. The 45-day comment period on the Draft Addendum closed on July 21, 2014. DOE/FE received 40,745 comments in 18 separate submissions, and considered those comments in issuing the Final Addendum on August 15, 2014. DOE provided a summary of the comments received and responses to substantive comments in Appendix B of the Addendum. DOE/FE has incorporated the Draft Addendum, comments, and Final Addendum into the record in this proceeding. Alternatives The EIS assessed alternatives that could achieve the Liquefaction Project objectives. The range of alternatives analyzed included the No- Action Alternative, system alternatives, pipeline system alternatives, alternative liquefaction facility sites, alternative terminal configurations, alternative aboveground facility sites for pipeline expansion, and alternative power sources. Alternatives were evaluated and compared to the Liquefaction Project to determine if the alternatives were environmentally preferable. Under the No-Action Alternative, the Liquefaction Project would not be developed. Additionally, the potential adverse and beneficial environmental impacts discussed within the EIS would not occur. Furthermore, this alternative could also require that potential end- users make different arrangements to obtain natural gas services, use other fossil fuel energy sources (e.g. coal or fuel oil), or possibly use traditional long-term energy sources (e.g. nuclear power) and/or renewable energy sources to compensate for lack of natural gas that would otherwise come from the supplies produced by the Liquefaction Project. The EIS evaluated system alternatives for the Liquefaction Project, including six operating LNG import terminals in the Gulf of Mexico area, and several proposed or planned export projects along the Gulf Coast. All of the system alternatives were eliminated from further consideration for reasons that include the need for substantial construction beyond that currently proposed, production volume limitations, in-service dates scheduled significantly beyond Lake Charles LNG Export's commitments to its customers, and potential environmental impacts that were considered comparable to or greater than those of the Liquefaction Project. The EIS evaluated three pipeline system alternatives for the Liquefaction Project. In order to be a viable pipeline system alternative, the alternative system would have to transport all or a part of the volume of natural gas required for liquefaction at the proposed new facility and cause significantly less impact on the environment. Additionally, a legitimate pipeline alternative must either connect directly to the proposed facility or to the existing pipeline system. Each of the three alternatives pipeline systems considered would require significant expansions in their looping and compression capabilities to achieve the necessary delivery capacity and require the construction of new segments to connect directly with the liquefaction facility. The construction associated with the alternatives, including significantly increasing pipeline looping capability or expansion would result in environmental impacts equal to or greater than the proposed pipeline system. As a result, none of the three proposed pipeline alternatives would provide a significant environmental advantage over the existing and proposed pipeline system. The EIS evaluated five Liquefaction Project sites (including the current proposed site), all within relative close proximity to the existing Terminal. Construction of the Terminal at each of the alternative sites would have greater environmental impacts when compared to the proposed Terminal site; therefore, none of the four other sites evaluated were determined to be environmentally preferred. For the Liquefaction Project configuration (e.g. siting for components such as liquefaction trains, pretreatment units and pipeline connections), the EIS considered the use design and configuration subject to the requirements of 49 CFR 193 and other industry or engineering standards. The EIS evaluated factors such as locations of interconnecting LNG transfer piping, operational noise, vapor dispersion requirements, and site evaluation associated with impacts on surrounding wetlands. Regulatory requirements associated with thermal exclusion and vapor dispersion zones would require additional fill material to increase elevation at the site that will likely cause further wetland losses on the site. As a result, the proposed configuration was determined to be environmentally preferred. The EIS evaluated several alternative sites for the proposed above- ground facilities (e.g. one new compressor (Compressor Station 203-A) station and five new metering stations) for pipeline expansion. In each of the alternative sites analyzed for the facilities, the environmental impacts from construction and operational activities (e.g., increased noise and air emissions) would not be environmentally preferred to the proposed sites. Environmentally Preferred Alternative When compared against the other action alternatives assessed in the EIS, as discussed above, the Lake Charles Liquefaction Project is the environmentally preferred alternative. While the No-Action Alternative would avoid the environmental impacts identified in the EIS, adoption of this alternative would not meet the Liquefaction Project objectives. Decision DOE has decided to issue Order No. 3868 authorizing Lake Charles LNG Export to export domestically produced LNG by vessel from the Terminal located in Lake Charles, Calcasieu Parish, Louisiana, in a volume up to the equivalent to 730 Bcf/yr of natural gas for a term of 20 years to commence on the earlier of the date of first export or seven years from the date that the Order is issued. Concurrently with this Record of Decision, DOE is issuing Order No. 3868 in which it finds that the requested authorization has not been shown to be inconsistent with the public interest and the Application should be granted subject to compliance with the terms and conditions set forth in the Order, including the environmental conditions recommended in the EIS and adopted in the FERC Order at Appendix B. Additionally, this authorization is conditioned on Lake Charles LNG Export's compliance with any other preventative and mitigative measures imposed by other Federal or state agencies. Basis of Decision DOE's decision is based upon the analysis of potential environmental impacts presented in the EIS, and DOE's determination in Order No. 3868 that the opponents of Lake Charles LNG Export's Application have failed to overcome the statutory presumption that the proposed export authorization is not inconsistent with the public interest. Although not required by NEPA, DOE/FE also considered the Addendum, which summarizes available information on potential upstream impacts associated with unconventional natural gas activities, such as hydraulic fracturing. [[Page 51870]] Mitigation As a condition of its decision to issue Order No. 3868 authorizing Lake Charles LNG Export to export LNG to non-FTA countries, DOE is imposing requirements that will avoid or minimize the environmental impacts of the project. These conditions include the environmental conditions recommended in the EIS and adopted in the FERC Order at Appendix B. Mitigation measures beyond those included in Order No. 3868 that are enforceable by other Federal and state agencies are additional conditions of Order No. 3868. With these conditions, DOE/FE has determined that all practicable means to avoid or minimize environmental harm from the Liquefaction Project have been adopted. Floodplain Statement of Findings DOE prepared this Floodplain Statement of Findings in accordance with DOE's regulations entitled ``Compliance with Floodplain and Wetland Environmental Review Requirements'' (10 CFR part 1022). The required floodplain assessment was conducted during development and preparation of the EIS (see Sections 3.3.1, 3.3.2, 4.1.3.4, and 4.13.2.1 of the EIS). DOE determined that the placement of some project components within floodplains would be unavoidable. However, the current design for the Lake Charles Liquefaction Project minimizes floodplain impacts to the extent practicable. Issued in Washington, DC, on July 29, 2016. Christopher A. Smith, Assistant Secretary, Office of Fossil Energy. [FR Doc. 2016-18651 Filed 8-4-16; 8:45 am] BILLING CODE 6450-01-P
![Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices 51867
This guidance is effective for use on document revisions. All outstanding 3064. Daniel Godwin, daniel.godwin.5@
all new proposals when a NEPA review comments on the GPS public documents us.af.mil, (310) 653–3640.
is initiated. CEQ recommends that will be considered along with the
Bao-Anh Trinh,
agencies consider applying this comments received at this year’s open
guidance to projects in ongoing EIS or forum in the next revision cycle. The Air Force Federal Register Liaison Officer.
EA processes where GHG emissions 2016 Interface Control Working Group [FR Doc. 2016–18595 Filed 8–4–16; 8:45 am]
may be a significant aspect of the and Open Forum are open to the general BILLING CODE 5001–10–P
proposal. public. For those who would like to
The final guidance is available on the attend and participate, we request that
National Environmental Policy Act Web you register no later than September 7, DEPARTMENT OF ENERGY
site (www.nepa.gov) specifically at, 2016. Please send the registration
https://ceq.doe.gov/ceq_regulations/ information to SMCGPER@us.af.mil, Record of Decision and Floodplain
guidance.html, and on the CEQ Web site providing your name, organization, Statement of Findings for the Lake
at https://www.whitehouse.gov/ telephone number, email address, and Charles LNG Export Company, LLC
administration/eop/ceq/initiatives/ country of citizenship. Application To Export Liquefied
nepa/ghg-guidance. For the reasons Comments will be collected, Natural Gas to Non-Free Trade
stated in the preamble, above, CEQ catalogued, and discussed as potential Agreement Countries
issues the following guidance on the inclusions to the version following the
consideration of GHG emissions and the AGENCY: Office of Fossil Energy,
current release. If accepted, these
effects of climate change in NEPA Department of Energy.
changes will be processed through the
reviews. formal directorate change process for ACTION: Record of decision.
Authority: 42 U.S.C. 4332, 4342, 4344 and IS–GPS–200, IS–GPS–705, IS–GPS–800,
40 CFR parts 1500, 1501, 1502, 1503, 1505, SUMMARY: The U.S. Department of
ICD–GPS–240, and ICD–GPS–870. All Energy (DOE) announces its decision in
1506, 1507, and 1508. comments must be submitted in a Lake Charles LNG Export Company,
Dated: August 1, 2016. Comments Resolution Matrix (CRM). LLC (Lake Charles LNG Export), DOE/
Christy Goldfuss, These forms along with current versions FE Docket No. 13–04–LNG,1 to issue
Managing Director, Council on Environmental of the documents and the official DOE/FE Order No. 3868 granting final
Quality. meeting notice are posted at: http:// long-term, multi contract authorization
[FR Doc. 2016–18620 Filed 8–4–16; 8:45 am] www.gps.gov/technical/icwg/. for Lake Charles LNG Export to engage
BILLING CODE 3225–F6–P Please submit comments to the SMC/ in export of domestically produced
GPS Requirements (SMC/GPER) liquefied natural gas (LNG) from the
mailbox at SMCGPER@us.af.mil by Lake Charles Terminal located in Lake
DEPARTMENT OF DEFENSE August 19, 2016. Special topics may Charles, Calcasieu Parish, Louisiana
also be considered for the Public Open (Terminal), in a volume equivalent to
Department of the Air Force Forum. If you wish to present a special 730 Bcf/yr of natural gas for a term of
topic, please coordinate with SMC/ 20 years. Lake Charles LNG Export is
Global Positioning System Directorate GPER no later than September 7, 2016.
(GPSD) Meeting Notice seeking to export LNG from the
For more information, please contact Terminal to countries with which the
AGENCY: Global Positioning System Capt Robyn Anderson at 310–653–3064 United States has not entered into a free
Directorate (GPSD), Department of the or Daniel Godwin at 310–653–3640. trade agreement (FTA) that requires
Air Force, Department of Defense. Table of Contents national treatment for trade in natural
ACTION: Notice of meeting—2016 Public gas, and with which trade is not
Interface Control Working Group and • DATES: prohibited by U.S. law or policy (non-
Open Forum for the NAVSTAR GPS • ADDRESSES: FTA countries). Order No. 3868 is
public documents. • FOR FURTHER INFORMATION issued under section 3 of the Natural
CONTACT: Gas Act (NGA) 2 and 10 CFR part 590 of
SUMMARY: This notice informs the public the DOE regulations.3 DOE participated
that the Global Positioning Systems DATES: Date/Time: 21–22 Sept 2016, as a cooperating agency with the Federal
(GPS) Directorate will host the 2016 0830–1600 * (Pacific Standard Time Energy Regulatory Commission (FERC)
Public Interface Control Working Group P.S.T.). in preparing an environmental impact
and Open Forum on 21 and 22 statement (EIS) 4 analyzing the potential
Registration/check-in on 21 Sept 2016
September 2016 for the following
will begin at 0800 hrs
NAVSTAR GPS public documents: IS– 1 On Oct. 10, 2014, Trunkline LNG Export, LLC
GPS–200 (Navigation User Interfaces), ADDRESSES: PCT: 100 North Sepulveda filed a request in DOE/FE Dkt. No. 13–04–LNG to
IS–GPS–705 (User Segment L5 Blvd., El Segundo, CA 90245, The Great change its corporate name to Lake Charles LNG
Room. Export Company, LLC. Subsequently, DOE/FE
Interfaces), IS–GPS–800 (User Segment issued Order 3252–A granting the name change. See
L1C Interface), ICD–GPS–240 Dial-In Information and Location: Lake Charles LNG Export Company, LLC, DOE/FE
(NAVSTAR GPS Control Segment to Phone Number: 1–310–653–2663, Order No. 3252–A, FE Dkt. No. 13–04–LNG (March
User Support Community Interfaces), Meeting ID: 6272252, Passcode: 000001. 18, 2015).
2 The authority to regulate the imports and
and ICD–GPS–870 (NAVSTAR GPS * Identification will be required at the exports of natural gas, including liquefied natural
Control Segment to User Support
mstockstill on DSK3G9T082PROD with NOTICES
entrance of the PCT facility (e.g., gas, under section 3 of the NGA (15 U.S.C. 717b)
Community Interfaces). Additional Passport, state ID or Federal ID). has been delegated to the Assistant Secretary for FE
logistical details can be found below. in Redelegation Order No. 00–006.02 issued on
The purpose of this meeting is to PCT Facility Phone Number: 310– November 17, 2014.
update the public on GPS public 615–0122. 3 10 CFR part 590 (2012).
4 Federal Energy Regulatory Commission, Final
document revisions and collect issues/ FOR FURTHER INFORMATION CONTACT:
Environmental Impact Statement for the Lake
comments for analysis and possible Captain Robyn Anderson, Charles Liquefaction Project, Docket Nos. CP14–
integration into future GPS public robyn.anderson.1@us.af.mil, (310) 653– Continued
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environmental impacts resulting from proposed liquefaction facilities EIS Process
modification of the existing facilities at (Liquefaction Project) to be located at FERC was the lead federal agency and
the Terminal. the existing Terminal in Lake Charles, initiated the NEPA process by
ADDRESSES: The EIS and this Record of Louisiana. Lake Charles LNG Export publishing a Notice of Intent (NOI) to
Decision (ROD) are available on DOE’s proposes to export this LNG to non-FTA prepare an EIS in the Federal Register
National Environmental Policy Act countries in a total volume equivalent to (FR) on September 20, 2012 (77 FR
(NEPA) Web site at: http://energy.gov/ 730 billion cubic feet per year (Bcf/yr) 58373); DOE was a cooperating agency.
nepa/nepa-documents. Order No. 3868 of natural gas. FERC issued the draft EIS for the
is available on DOE/FE’s Web site at: The Terminal is owned and operated Liquefaction Project on April 10, 2015
http://www.fossil.energy.gov/programs/ by a corporate affiliate currently known (80 FR 20489), and the final EIS on
gasregulation/authorizations/2013_ as Lake Charles LNG Company, LLC August 20, 2015 (80 FR 50622). The
applications/Lake_Charles_LNG_ (Lake Charles LNG).6 The Liquefaction final EIS addresses comments received
Export_13-04-LNG.html. For additional Project will be owned by Lake Charles on the draft EIS. Among other resource
information about the docket in these LNG Export. Both of these entities are areas, the final EIS addresses geology,
proceedings, contact Larine Moore, U.S. owned by Energy Transfer Equity, L.P. soils, water, wetlands, wildlife, air
Department of Energy (FE–34), Office of and Energy Transfer Partners, L.P. quality and noise, cumulative impacts
Regulation and International and alternatives.9
Engagement, Office of Oil and Natural Lake Charles LNG Export states that The final EIS recommended that
Gas, Office of Fossil Energy, Room 3E– FERC certificated the Terminal in 1977 FERC subject any approval of Lake
042, 1000 Independence Avenue SW., and the original construction was Charles LNG Export’s proposed
Washington, DC 20585. completed in 1981.7 According to Lake Liquefaction Project to 96 conditions to
FOR FURTHER INFORMATION CONTACT: To Charles LNG Export, the Terminal reduce the environmental impacts that
obtain additional information about the currently has a firm sustained sendout would otherwise result from the
EIS or the ROD, contact Mr. Kyle W. capacity of 1.8 Bcf/d and a peak sendout construction and operation of the
Moorman, U.S. Department of Energy capacity of 2.1 Bcf/day. The Terminal project. On December 17, 2015, FERC
(FE–34), Office of Regulation and has four LNG storage tanks with a issued an Order Granting Section 3 and
International Engagement, Office of Oil combined capacity of approximately Section 7 Authorizations and Approving
and Natural Gas, Office of Fossil Energy, 425,000 cubic meters of LNG, or Abandonment (FERC Order),10 which
Room 3E–042, 1000 Independence approximately 9.0 Bcf of natural gas. authorized Lake Charles LNG to site,
Avenue SW., Washington, DC 20585, The Terminal’s natural gas liquids construct, and operate the Lake Charles
(202) 586–5600, or Mr. Edward Le Duc, processing facilities allow the extraction Liquefaction Project, subject to 95 of the
U.S. Department of Energy (GC–51), of ethane and other heavier 96 environmental conditions in
Office of the Assistant General Counsel hydrocarbons from the LNG stream. Appendix B of that Order.
for Environment, 1000 Independence Project Description In accordance with 40 CFR 1506.3,
Avenue SW., Washington, DC 20585. after an independent review of FERC’s
SUPPLEMENTARY INFORMATION: DOE Among other features, the final EIS, DOE/FE adopted FERC’s final
prepared this ROD and Floodplain Liquefaction Project will include a new EIS for the Lake Charles Liquefaction
Statement of Findings pursuant to the liquefaction facility consisting of three Project (DOE/EIS–0491), and the U.S.
National Environmental Policy Act of liquefaction trains, modifications and Environmental Protection Agency
1969 (42 United States Code [U.S.C.] upgrades at the existing Terminal, and published a notice of the adoption on
4321, et seq.), and in compliance with approximately 0.5 miles of 48-inch July 15, 2016 (81 FR 46077).
the Council on Environmental Quality diameter feed gas line in Calcasieu Addendum to Environmental Review
(CEQ) implementing regulations for Parish, Louisiana, to supply natural gas Documents Concerning Exports of
NEPA (40 Code of Federal Regulations to the liquefaction facility from existing Natural Gas From the United States
[CFR] parts 1500 through 1508), DOE’s gas transmission pipelines.8 (Addendum)
implementing procedures for NEPA (10 Lake Charles LNG Export states that,
CFR part 1021), and DOE’s ‘‘Compliance On June 4, 2014, DOE/FE published
following completion of the the Draft Addendum to Environmental
with Floodplain and Wetland Liquefaction Project, the Terminal will
Environmental Review Requirements’’ Review Documents Concerning Exports
be bi-directional, meaning it will be of Natural Gas From the United States
(10 CFR part 1022). capable of importing or exporting LNG, (Draft Addendum) for public comment
Background and its peak and sustained sendout (79 FR 32258). The purpose of this
Lake Charles LNG Export is a capabilities will not be affected. review was to provide additional
Delaware limited liability company, information to the public concerning the
6 In September 2014, Trunkline LNG Company,
with its principal place of business in potential environmental impacts of
LLC changed its name to Lake Charles LNG
Houston, Texas.5 On January 10, 2013, Company, LLC. See, Lake Charles LNG Export Co.
unconventional natural gas exploration
Lake Charles LNG Export filed the LLC, DOE/FE Order No. 3252–A, FE Docket No. 13– and production activities, including
application (Application) with DOE/FE 04–LNG, Order Granting Request to Amend DOE/ hydraulic fracturing. Although not
FE Order No. 3252 and Pending Application to required by NEPA, DOE/FE prepared
seeking authorization to export Reflect Corporate Name Change (Mar. 18, 2015).
domestically produced LNG from 7 Trunkline LNG Co., et al., 58 FPC 726 (Opinion
the Addendum in an effort to be
No. 796), order on reh’g 58 FPC 2935 (1977) responsive to the public and to provide
mstockstill on DSK3G9T082PROD with NOTICES
119–000, CP14–120–000, and CP14–122–000 (Aug. (Opinion No. 796–A).
2015). 8 See Trunkline LNG Company, LLC et al., 9 See Final EIS at 1–10, Table 1.3–1 Key
5 For more information on the corporate Supplemental Notice of Intent to Prepare an Environmental Concerns Identified During the
background, see DOE Order 3868, Final Opinion Environmental Impact Statement for the Planned Scoping Process for the Lake Charles Liquefaction
and Order Granting Long-Term, Multi-Contract Lake Charles Liquefaction Project and Request for Project.
Authorization to Export Liquefied Natural Gas by Comments on Environmental Issues, FERC Docket 10 Trunkline Gas Co., LLC, et al., Order Granting
Vessels from the Lake Charles Terminal in No. PF12–8–000, at 2 (Mar. 21, 2013), available at Section 3 and Section 7 Authorizations and
Calcasieu Parish, Louisiana to Non-Free Trade http://energy.gov/sites/prod/files/EIS-0491-FERC- Approving Abandonment, 153 FERC ¶ 61,300 (Dec.
Agreement Nations, issued July 29, 2016. SNOI-2013.pdf. 17, 2015).
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![51870 Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices
Mitigation Charles, Calcasieu Parish, Louisiana 4321, et seq.), and in compliance with
As a condition of its decision to issue (Terminal), in a volume equivalent to the Council on Environmental Quality
Order No. 3868 authorizing Lake 730 Bcf/yr of natural gas for a term of (CEQ) implementing regulations for
Charles LNG Export to export LNG to 20 years. LCE is seeking to export LNG NEPA (40 Code of Federal Regulations
non-FTA countries, DOE is imposing from the Terminal to countries with [CFR] parts 1500 through 1508), DOE’s
requirements that will avoid or which the United States has not entered implementing procedures for NEPA (10
minimize the environmental impacts of into a free trade agreement (FTA) that CFR part 1021), and DOE’s ‘‘Compliance
the project. These conditions include requires national treatment for trade in with Floodplain and Wetland
the environmental conditions natural gas, and with which trade is not Environmental Review Requirements’’
recommended in the EIS and adopted in prohibited by U.S. law or policy (non- (10 CFR part 1022).
the FERC Order at Appendix B. FTA countries). Order No. 3324–A is
Background
Mitigation measures beyond those issued under section 3 of the Natural
Gas Act (NGA) 1 and 10 CFR part 590 of LCE is a Delaware limited liability
included in Order No. 3868 that are
DOE’s regulations.2 DOE participated as company with its principal place of
enforceable by other Federal and state
a cooperating agency with the Federal business in Houston, Texas. In a Notice
agencies are additional conditions of
Energy Regulatory Commission (FERC) of Change in Control recently submitted
Order No. 3868. With these conditions,
in preparing an environmental impact to DOE/FE,4 LCE states that, on
DOE/FE has determined that all
statement (EIS) 3 analyzing the potential February 15, 2016, Royal Dutch Shell,
practicable means to avoid or minimize
environmental impacts resulting from plc (Shell) acquired all of the share
environmental harm from the
modification of the existing facilities at capital of BG Group plc (BG). Prior to
Liquefaction Project have been adopted.
the Terminal. the transaction, LCE was owned by
Floodplain Statement of Findings ADDRESSES: The EIS and this Record of
subsidiaries of BG and Energy Transfer
DOE prepared this Floodplain Decision (ROD) are available on DOE’s Equity, L.P. (ETE), and LCE’s affiliate,
Statement of Findings in accordance National Environmental Policy Act BG LNG Services, LLC (BGLS), was an
with DOE’s regulations entitled (NEPA) Web site at: http://energy.gov/ indirect subsidiary of BG. As a result of
‘‘Compliance with Floodplain and nepa/nepa-documents. Order No. 3324– the transaction, LCE is now owned by
Wetland Environmental Review A is available on DOE/FE’s Web site at: subsidiaries of Shell and ETE 5 and
Requirements’’ (10 CFR part 1022). The http://www.fossil.energy.gov/programs/ BGLS is now an indirect wholly-owned
required floodplain assessment was subsidiary of Shell. According to LCE,
gasregulation/authorizations/2011_
conducted during development and LCE will remain the authorization
applications/lake_charles_exports.html.
preparation of the EIS (see Sections holder for its existing DOE/FE
For additional information about the
3.3.1, 3.3.2, 4.1.3.4, and 4.13.2.1 of the authorizations and/or the applicant in
docket in these proceedings, contact
EIS). DOE determined that the its pending DOE/FE proceedings.
Larine Moore, U.S. Department of On May 6, 2011, LCE filed the
placement of some project components Energy, Office of Regulation and
within floodplains would be application (Application) with DOE/FE
International Engagement, Office of Oil seeking authorization to export
unavoidable. However, the current and Natural Gas, Office of Fossil Energy,
design for the Lake Charles Liquefaction domestically produced LNG from
Room 3E–042, 1000 Independence proposed liquefaction facilities
Project minimizes floodplain impacts to Avenue SW., Washington, DC 20585. (Liquefaction Project) to be located at
the extent practicable. FOR FURTHER INFORMATION CONTACT: To the existing Terminal in Lake Charles,
Issued in Washington, DC, on July 29, obtain additional information about the Louisiana. LCE proposes to export this
2016. EIS or the ROD, contact Mr. Kyle W. LNG to non-FTA countries in a total
Christopher A. Smith, Moorman, U.S. Department of Energy volume equivalent to 730 billion cubic
Assistant Secretary, Office of Fossil Energy. (FE–34), Office of Regulation and feet per year (Bcf/yr) of natural gas.
[FR Doc. 2016–18651 Filed 8–4–16; 8:45 am] International Engagement, Office of Oil The Terminal is owned and operated
BILLING CODE 6450–01–P and Natural Gas, Office of Fossil Energy, by Lake Charles LNG Company, LLC
Room 3E–042, 1000 Independence (Lake Charles LNG, formerly Trunkline
Avenue SW., Washington, DC 20585, LNG Company, LLC), a corporate
DEPARTMENT OF ENERGY (202) 586–5600, or Mr. Edward Le Duc, affiliate of LCE.6 The Liquefaction
U.S. Department of Energy (GC–51), Project will be owned by Lake Charles
Record of Decision and Floodplain Office of the Assistant General Counsel LNG Export Company, LLC (formerly
Statement of Findings for the Lake for Environment, 1000 Independence Trunkline LNG Export, LLC), another
Charles Exports, LLC Application To Avenue SW., Washington, DC 20585. corporate affiliate of LCE which is
Export Liquefied Natural Gas to Non- SUPPLEMENTARY INFORMATION: DOE separately pursuing an authorization to
Free Trade Agreement Countries prepared this ROD and Floodplain
AGENCY: Office of Fossil Energy, Statement of Findings pursuant to the 4 See Lake Charles Exports, LLC, Notice of Change
National Environmental Policy Act of in Control (Feb. 17, 2016) and DOE/FE letter
Department of Energy. responding to Notice (July 26, 2016) in DOE/FE
ACTION: Record of decision. 1969 (42 United States Code [U.S.C.] Docket No. 11–59–LNG.
5 DOE/FE takes administrative notice that Shell is
SUMMARY: The U.S. Department of 1 The authority to regulate the imports and
a public limited company incorporated in the
Energy (DOE) announces its decision in exports of natural gas, including liquefied natural United Kingdom and headquartered in the
gas, under section 3 of the NGA (15 U.S.C. 717b) Netherlands. ETE is a Delaware master limited
Lake Charles Exports, LLC (LCE), DOE/
mstockstill on DSK3G9T082PROD with NOTICES
has been delegated to the Assistant Secretary for FE partnership with its principal place of business in
FE Docket No. 11–59–LNG, to issue in Redelegation Order No. 00–006.02 issued on Dallas, Texas.
DOE/FE Order No. 3324–A, granting November 17, 2014. 6 In September 2014, Trunkline LNG Company,
final long-term, multi contract 2 10 CFR part 590 (2012).
LLC changed its name to Lake Charles LNG
3 Federal Energy Regulatory Commission, Final Company, LLC. See, Lake Charles LNG Export Co.
authorization for LCE to engage in the
Environmental Impact Statement for the Lake LLC, DOE/FE Order No. 3252–A, FE Docket No. 13–
export of domestically produced Charles Liquefaction Project, Docket Nos. CP14– 04–LNG, Order Granting Request to Amend DOE/
liquefied natural gas (LNG) from the 119–000, CP14–120–000, and CP14–122–000 (Aug. FE Order No. 3252 and Pending Application to
Lake Charles Terminal located in Lake 2015). Reflect Corporate Name Change (Mar. 18, 2015).
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Document Created: 2016-08-05 06:43:25
Document Modified: 2016-08-05 06:43:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Record of decision. | |
| Contact | To obtain additional information about the EIS or the ROD, contact Mr. Kyle W. Moorman, U.S. Department of Energy (FE-34), Office of Regulation and International Engagement, Office of Oil and Natural Gas, Office of Fossil Energy, Room 3E-042, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-5600, or Mr. Edward Le Duc, U.S. Department of Energy (GC-51), Office of the Assistant General Counsel for Environment, 1000 Independence Avenue SW., Washington, DC 20585. | |
| FR Citation | 81 FR 51867 |
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