81 FR 7776 - Flint Hills Resources, LP; 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 30 (February 16, 2016)
Federal Register Volume 81, Issue 30 (February 16, 2016)
| Page Range | 7776-7777 | |
| FR Document | 2016-03093 |
[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)] [Notices] [Pages 7776-7777] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03093] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY [FE Docket No. 15-168-LNG] Flint Hills Resources, LP; 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. ----------------------------------------------------------------------- SUMMARY: The Office of Fossil Energy (FE) of the Department of Energy (DOE) gives notice of receipt of an application (Application), filed on November 5, 2015, by Flint Hills Resources, LP (Flint Hills), requesting long-term, multi-contract authorization to export domestically produced liquefied natural gas (LNG) primarily by use of approved ISO IMO7-TVAC-ASME LNG (ISO) containers transported on ocean- going carriers 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\ Flint Hills seeks authorization to export the LNG in a volume equivalent to approximately 3.62 billion cubic feet of natural gas per year (Bcf/yr) (0.01 Bcf per day), which it states is approximately 120,000 gallons of LNG per day. Flint Hills seeks to purchase the LNG for export from a LNG liquefaction facility owned by Stabilis LNG Eagle Ford, LLC (Stabilis Facility), located in George West, Texas.\2\ According to Flint Hills, the Stabilis Facility has the capacity to produce 120,000 gallons of LNG per day and to store approximately 270,000 gallons of LNG. Flint Hills states that the Stabilis Facility is currently operational and can accommodate both ISO container loadings and tanker truck loadings.\3\ Flint Hill therefore asserts that no additional plant infrastructure will be required as a result of the proposed exports. Flint Hills requests the authorization for a 20-year term to commence on the earlier of the date of first commercial export or a date three months from the issuance of a final order granting the requested authorization. Flint Hills 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 Flint Hills's Application, posted on the DOE/FE Web site at: http://energy.gov/sites/prod/files/2015/11/f27/15_168_lng%20fta_nfta.pdf. Protests, motions to intervene, notices of intervention, and written comments are invited. --------------------------------------------------------------------------- \1\ In the Application, Flint Hills also requests authorization to export 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 for a FTA export authorization separately pursuant to NGA section 3(c), 15 U.S.C. 717b(c). \2\ Flint Hills states that Stabilis LNG is owned in part (49%) by Flint Hills's affiliate, FHR LNG, LLC. App. at 3 n.4. \3\ Flint Hills states that it generally intends to use ISO containers to export LNG. Under this scenario, the ISO containers will be trucked to a port or dock located along the Gulf Coast, where the containers will be loaded onto a barge or ship for delivery to non-FTA countries. If Flint Hills uses tanker trucks, it will truck LNG from the Stabilis Facility directly to a bulk transport barge, ship, or floating storage container for distribution to customers in both FTA and non-FTA countries. App. at 4-5. Appendix A of the Application contains a list of ports from which Flint Hills may export LNG. 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, April 18, --------------------------------------------------------------------------- 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: Larine Moore or Benjamin Nussdorf, 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) 586-9478; (202) 586-7893. Cassandra Bernstein, 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, U.S. energy security, and the cumulative impact of the requested authorization and any other LNG export application(s) previously approved on domestic natural gas supply and demand fundamentals. DOE may also consider other factors bearing on the public interest, including the impact of the proposed exports on the U.S. economy (including GDP, consumers, and industry), job creation, the U.S. balance of trade, and 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 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); \4\ and --------------------------------------------------------------------------- \4\ The 2014 EIA LNG Export Study, published on Oct. 29, 2014, is available at: https://www.eia.gov/analysis/requests/fe/. --------------------------------------------------------------------------- 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 [[Page 7777]] behalf of DOE (2015 LNG Export Study).\5\ --------------------------------------------------------------------------- \5\ 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 document: Addendum to Environmental Review Documents Concerning Exports of Natural Gas From the United States, 79 FR 48132 (Aug. 15, 2014).\6\ 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. --------------------------------------------------------------------------- \6\ The Addendum and related documents are available at: http://energy.gov/fe/draft-addendum-environmental-review-documents-concerning-exports-natural-gas-united-states. --------------------------------------------------------------------------- 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 parties will be provided 60 days from the date of publication of this Notice in which to submit their 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. 15-168-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 listed in ADDRESSES. All filings must include a reference to FE Docket No. 15-168-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 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 February 9, 2016. John A. Anderson, Director, Office of Regulation and International Engagement, Office of Oil and Natural Gas. [FR Doc. 2016-03093 Filed 2-12-16; 8:45 am] BILLING CODE 6450-01-P
![7776 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices
student loan lenders, servicers, LNG Eagle Ford, LLC (Stabilis Facility), Forrestal Building, Room 3E–042,
collections agencies, and institutions of located in George West, Texas.2 1000 Independence Avenue SW.,
higher education. Students and According to Flint Hills, the Stabilis Washington, DC 20585.
borrowers will be able to ensure that Facility has the capacity to produce FOR FURTHER INFORMATION CONTACT:
their complaints will be directed to the 120,000 gallons of LNG per day and to Larine Moore or Benjamin Nussdorf,
right party for timely resolution, and the store approximately 270,000 gallons of U.S. Department of Energy (FE–34),
Department of Education will be able to LNG. Flint Hills states that the Stabilis Office of Regulation and International
more quickly respond to issues and Facility is currently operational and can Engagement, Office of Fossil Energy,
strengthen its efforts to protect the accommodate both ISO container Forrestal Building, Room 3E–042,
integrity of the student financial aid loadings and tanker truck loadings.3 1000 Independence Avenue SW.,
programs.’’ The Department of Flint Hill therefore asserts that no Washington, DC 20585, (202) 586–
Education has charged Federal Student additional plant infrastructure will be 9478; (202) 586–7893.
Aid with the development and oversight required as a result of the proposed Cassandra Bernstein, U.S. Department of
of this new collection. exports. Flint Hills requests the Energy (GC–76), Office of the
Dated: February 10, 2016. authorization for a 20-year term to Assistant General Counsel for
Kate Mullan, commence on the earlier of the date of Electricity and Fossil Energy,
Acting Director, Information Collection first commercial export or a date three Forrestal Building, 1000
Clearance Division, Office of the Chief Privacy months from the issuance of a final Independence Avenue SW.,
Officer, Office of Management. order granting the requested Washington, DC 20585, (202) 586–
[FR Doc. 2016–03057 Filed 2–12–16; 8:45 am] authorization. Flint Hills seeks to export 9793.
BILLING CODE 4000–01–P this LNG on its own behalf and as agent
for other entities who hold title to the SUPPLEMENTARY INFORMATION:
LNG at the time of export. The DOE/FE Evaluation
DEPARTMENT OF ENERGY Application was filed under section 3 of
the Natural Gas Act (NGA). Additional The Application will be reviewed
[FE Docket No. 15–168–LNG] details can be found in Flint Hills’s pursuant to section 3(a) of the NGA, 15
Application, posted on the DOE/FE Web U.S.C. 717b(a), and DOE will consider
Flint Hills Resources, LP; Application site at: http://energy.gov/sites/prod/ any issues required by law or policy. To
for Long-Term, Multi-Contract files/2015/11/f27/15_168_lng%20fta_ the extent determined to be relevant,
Authorization To Export Liquefied these issues will include the domestic
nfta.pdf. Protests, motions to intervene,
Natural Gas to Non-Free Trade need for the natural gas proposed to be
notices of intervention, and written
Agreement Nations exported, the adequacy of domestic
comments are invited.
AGENCY: Office of Fossil Energy, DOE. DATES: Protests, motions to intervene or
natural gas supply, U.S. energy security,
notices of intervention, as applicable, and the cumulative impact of the
ACTION: Notice of application.
requests for additional procedures, and requested authorization and any other
SUMMARY: The Office of Fossil Energy written comments are to be filed using LNG export application(s) previously
(FE) of the Department of Energy (DOE) procedures detailed in the Public approved on domestic natural gas
gives notice of receipt of an application Comment Procedures section no later supply and demand fundamentals. DOE
(Application), filed on November 5, than 4:30 p.m., Eastern time, April 18, may also consider other factors bearing
2015, by Flint Hills Resources, LP (Flint 2016. on the public interest, including the
Hills), requesting long-term, multi- impact of the proposed exports on the
ADDRESSES: Electronic Filing by email:
contract authorization to export U.S. economy (including GDP,
fergas@hq.doe.gov. consumers, and industry), job creation,
domestically produced liquefied natural
gas (LNG) primarily by use of approved Regular Mail the U.S. balance of trade, and
ISO IMO7–TVAC–ASME LNG (ISO) U.S. Department of Energy (FE–34), international considerations; and
containers transported on ocean-going Office of Regulation and International whether the authorization is consistent
carriers to any country with which the Engagement, Office of Fossil Energy, with DOE’s policy of promoting
United States does not have a free trade P.O. Box 44375, Washington, DC competition in the marketplace by
agreement (FTA) requiring national 20026–4375. allowing commercial parties to freely
treatment for trade in natural gas, and negotiate their own trade arrangements.
with which trade is not prohibited by Hand Delivery or Private Delivery As part of this analysis, DOE will
U.S. law or policy (non-FTA countries).1 Services (e.g., FedEx, UPS, etc.) consider the following two studies
Flint Hills seeks authorization to export U.S. Department of Energy (FE–34), examining the cumulative impacts of
the LNG in a volume equivalent to Office of Regulation and International LNG:
approximately 3.62 billion cubic feet of Engagement, Office of Fossil Energy, • Effect of Increased Levels of
natural gas per year (Bcf/yr) (0.01 Bcf Liquefied Natural Gas on U.S. Energy
per day), which it states is 2 Flint Hills states that Stabilis LNG is owned in Markets, conducted by the U.S. Energy
approximately 120,000 gallons of LNG part (49%) by Flint Hills’s affiliate, FHR LNG, LLC. Information Administration upon DOE’s
per day. Flint Hills seeks to purchase App. at 3 n.4. request (2014 EIA LNG Export Study); 4
3 Flint Hills states that it generally intends to use
the LNG for export from a LNG and
ISO containers to export LNG. Under this scenario,
liquefaction facility owned by Stabilis the ISO containers will be trucked to a port or dock • The Macroeconomic Impact of
mstockstill on DSK4VPTVN1PROD with NOTICES
located along the Gulf Coast, where the containers Increasing U.S. LNG Exports, conducted
1 In the Application, Flint Hills also requests will be loaded onto a barge or ship for delivery to jointly by the Center for Energy Studies
authorization to export LNG to any nation that non-FTA countries. If Flint Hills uses tanker trucks, at Rice University’s Baker Institute for
currently has, or in the future may enter into, a FTA it will truck LNG from the Stabilis Facility directly
requiring national treatment for trade in natural gas, to a bulk transport barge, ship, or floating storage Public Policy and Oxford Economics, on
and with which trade is not prohibited by U.S. law container for distribution to customers in both FTA
or policy (FTA countries). DOE/FE will review that and non-FTA countries. App. at 4–5. Appendix A 4 The 2014 EIA LNG Export Study, published on
request for a FTA export authorization separately of the Application contains a list of ports from Oct. 29, 2014, is available at: https://www.eia.gov/
pursuant to NGA section 3(c), 15 U.S.C. 717b(c). which Flint Hills may export LNG. analysis/requests/fe/.
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![Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices 7777
behalf of DOE (2015 LNG Export listed in ADDRESSES. All filings must DEPARTMENT OF ENERGY
Study).5 include a reference to FE Docket No.
Additionally, DOE will consider the 15–168–LNG. PLEASE Note: If Office of Energy Efficiency and
following environmental document: submitting a filing via email, please Renewable Energy
Addendum to Environmental Review include all related documents and
Documents Concerning Exports of Energy Savings Performance Contract
attachments (e.g., exhibits) in the
Natural Gas From the United States, 79 Energy Sales Agreement
original email correspondence. Please
FR 48132 (Aug. 15, 2014).6 Parties that do not include any active hyperlinks or AGENCY: Federal Energy Management
may oppose this Application should password protection in any of the Program (FEMP), Office of Energy
address these issues in their comments documents or attachments related to the Efficiency and Renewable Energy, U.S.
and/or protests, as well as other issues Department of Energy (DOE).
filing. All electronic filings submitted to
deemed relevant to the Application.
The National Environmental Policy DOE must follow these guidelines to ACTION: Notice of availability and
Act (NEPA), 42 U.S.C. 4321 et seq., ensure that all documents are filed in a request for comments.
requires DOE to give appropriate timely manner. Any hardcopy filing
submitted greater in length than 50 SUMMARY: The Federal Energy
consideration to the environmental Management Program Office (FEMP),
effects of its proposed decisions. No pages must also include, at the time of
the filing, a digital copy on disk of the within the U.S. Department of Energy
final decision will be issued in this (DOE), published a notice, ‘‘Request for
proceeding until DOE has met its entire submission.
Comments on Including Onsite
environmental responsibilities. A decisional record on the Renewable Energy Generation under
Public Comment Procedures Application will be developed through Energy Savings Performance Contracts,’’
responses to this notice by parties, on its Web site to obtain information on
In response to this Notice, any person including the parties’ written comments potential obstacles associated with the
may file a protest, comments, or a
and replies thereto. Additional implementation of privately-owned
motion to intervene or notice of
procedures will be used as necessary to onsite renewable energy generation
intervention, as applicable. Due to the
achieve a complete understanding of the projects under the federal energy
complexity of the issues raised by the
facts and issues. If an additional savings performance contract (ESPC)
Applicant, interested parties will be
procedure is scheduled, notice will be authority, including potential issues
provided 60 days from the date of
provided to all parties. If no party with regard to project eligibility for the
publication of this Notice in which to
requests additional procedures, a final federal solar investment tax credit (ITC)
submit their comments, protests,
Opinion and Order may be issued based and the use of the ESPC ENABLE
motions to intervene, or notices of
on the official record, including the Program for such projects.
intervention.
Any person wishing to become a party Application and responses filed by DATES: Written comments and
to the proceeding must file a motion to parties pursuant to this notice, in information are requested on or before
intervene or notice of intervention. The accordance with 10 CFR 590.316. March 2, 2016.
filing of comments or a protest with The Application is available for ADDRESSES: Interested parties are to
respect to the Application will not serve inspection and copying in the Office of submit comments electronically to:
to make the commenter or protestant a Regulation and International tracy.logan@ee.doe.gov.
party to the proceeding, although Engagement docket room, Room 3E– Instructions: All submissions received
protests and comments received from must include ‘‘Feb 2016 ESPC Request
042, 1000 Independence Avenue SW.,
persons who are not parties will be for Comments’’ in the subject of the
Washington, DC 20585. The docket
considered in determining the message. The notice is available at
room is open between the hours of 8 http://energy.gov/eere/femp/downloads/
appropriate action to be taken on the
Application. All protests, comments, a.m. and 4:30 p.m., Monday through request-comments-including-onsite-
motions to intervene, or notices of Friday, except Federal holidays. renewable-energy-generation-under-
intervention must meet the The Application and any filed energy.
requirements specified by the protests, motions to intervene or notice FOR FURTHER INFORMATION CONTACT:
regulations in 10 CFR part 590. of interventions, and comments will Tracy Logan, U.S. Department of
Filings may be submitted using one of also be available electronically by going Energy, Federal Energy Management
the following methods: (1) Emailing the to the following DOE/FE Web address: Program (EE–2L), 1000 Independence
filing to fergas@hq.doe.gov, with FE http://www.fe.doe.gov/programs/ Avenue SW., Washington, DC 20585;
Docket No. 15–168–LNG in the title gasregulation/index.html. email: Tracy.Logan@ee.doe.gov.
line; (2) mailing an original and three
paper copies of the filing to the Office Issued in Washington, DC, on February 9, SUPPLEMENTARY INFORMATION: FEMP
of Regulation and International 2016. published a notice, ‘‘Request for
Engagement at the address listed in John A. Anderson, Comments on Including Onsite
ADDRESSES; or (3) hand delivering an Director, Office of Regulation and Renewable Energy Generation under
original and three paper copies of the International Engagement, Office of Oil and Energy Savings Performance Contracts,’’
filing to the Office of Regulation and Natural Gas. to obtain information on potential
International Engagement at the address [FR Doc. 2016–03093 Filed 2–12–16; 8:45 am] obstacles associated with the
mstockstill on DSK4VPTVN1PROD with NOTICES
implementation of privately-owned
BILLING CODE 6450–01–P
5 The 2015 LNG Export Study, dated Oct. 29, onsite renewable energy generation
2015, is available at: http://energy.gov/sites/prod/ projects under the federal energy
files/2015/12/f27/20151113_macro_impact_of_lng_ savings performance contract (ESPC)
exports_0.pdf. authority, including potential issues
6 The Addendum and related documents are
available at: http://energy.gov/fe/draft-addendum-
with regard to project eligibility for the
environmental-review-documents-concerning- federal solar investment tax credit (ITC)
exports-natural-gas-united-states. and the use of the ESPC ENABLE
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Document Created: 2016-02-13 03:13:09
Document Modified: 2016-02-13 03:13:09
| 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 | Notice of application. | |
| 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, April 18, | |
| Contact | Larine Moore or Benjamin Nussdorf, 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) 586-9478; (202) 586-7893. | |
| FR Citation | 81 FR 7776 |
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