81 FR 79005 - Lake Charles Exports, 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 218 (November 10, 2016)
Federal Register Volume 81, Issue 218 (November 10, 2016)
| Page Range | 79005-79006 | |
| FR Document | 2016-27180 |
[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)] [Notices] [Pages 79005-79006] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27180] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY [FE Docket No. 16-110-LNG] Lake Charles Exports, 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. ----------------------------------------------------------------------- SUMMARY: The Office of Fossil Energy (FE) of the Department of Energy (DOE) gives notice of receipt of an application (Application), filed on August 15, 2016, by Lake Charles Exports, LLC (LCE), requesting long- term, multi-contract authorization to export domestically produced liquefied natural gas (LNG), in a volume equivalent to 121 billion cubic feet per year (Bcf/yr) of natural gas (0.33 Bcf per day). LCE seeks authorization to export the LNG by vessel from the existing Lake Charles Terminal located in Lake Charles, Calcasieu Parish, Louisiana.\1\ LCE 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).\2\ The requested export volume (121 Bcf/yr) is incremental and therefore would be additive to the volume of LNG previously authorized for export from the Lake Charles Terminal to non-FTA countries in DOE/FE Order No. 3324-A (730 Bcf/yr).\3\ LCE states that, through this request, it seeks to align its authorized LNG export volumes for non-FTA countries with the maximum liquefaction production capacity of the Lake Charles Terminal, as approved by the Federal Energy Regulatory Commission. LCE requests the authorization for a 20- year term to commence on the earlier of the date of first export or seven years from the date the requested authorization is issued. LCE 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 LCE's Application, posted on the DOE/FE Web site at: http://www.energy.gov/fe/lake-charles-exports-llc-fe-dkt-16-110-lng-export-fta-nftas. Protests, motions to intervene, notices of intervention, and written comments are invited. --------------------------------------------------------------------------- \1\ Lake Charles LNG Company, LLC, owns and operates the Lake Charles Terminal. LCE will own the proposed liquefaction facility and hold the requested LNG export authorization. App. at 2. \2\ In the Application, LCE 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 for a FTA export authorization separately pursuant to NGA Sec. 3(c), 15 U.S.C. 717b(c). The proposed export volumes for FTA and non-FTA countries are not additive. \3\ App. at 2; see Lake Charles Exports, LLC, DOE/FE Order No. 3324-A, FE Docket No. 11-59-LNG, Final 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). 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, January 9, --------------------------------------------------------------------------- 2017. ADDRESSES: Electronic Filing by email: [email protected]. Regular Mail: U.S. Department of Energy (FE-34), Office of Regulation [[Page 79006]] 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: Kyle W. Moorman 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) 586-7970; (202) 586-9578. 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, 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 Exports 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 behalf of DOE (``2015 LNG Export Study'').\5\ --------------------------------------------------------------------------- \5\ The 2015 LNG Export Study, published on 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); \6\ and --------------------------------------------------------------------------- \6\ The Addendum and related documents are available at: http://energy.gov/fe/addendum-environmental-review-documents-concerning-exports-natural-gas-united-states. --------------------------------------------------------------------------- Life Cycle Greenhouse Gas Perspective on Exporting Liquefied Natural Gas from the United States, 79 FR 32260 (June 4, 2014).\7\ --------------------------------------------------------------------------- \7\ The Life Cycle Greenhouse Gas Report is available at: http://energy.gov/fe/life-cycle-greenhouse-gas-perspective-exporting-liquefied-natural-gas-united-states. --------------------------------------------------------------------------- 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. 16-110-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. 16-110-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 fifty (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 at: http://energy.gov/fe/lake-charles-exports-llc-fe-dkt-16-110-lng-export-fta-nftas. Issued in Washington, DC, on November 4, 2016. John A. Anderson, Director, Office of Regulation and International Engagement. Office of Oil and Natural Gas [FR Doc. 2016-27180 Filed 11-9-16; 8:45 am] BILLING CODE 6450-01-P
![Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Notices 79005
reserves levels and upper and lower 2. Transmission Risk Mitigation Tools Louisiana.1 LCE requests authorization
financial reserves thresholds for Power to export this LNG to any country with
Services, Transmission Services, and BPA proposes to use financial which the United States does not have
BPA as a whole. The policy also reserves attributed to Transmission a free trade agreement (FTA) requiring
describes the actions BPA may take in Services as the primary risk mitigation national treatment for trade in natural
response to financial reserves levels that tool. BPA also proposes to include gas, and with which trade is not
provisions for two rate adjustments in prohibited by U.S. law or policy (non-
either fall below a lower threshold or
the Transmission rate schedules similar FTA countries).2 The requested export
exceed an upper threshold.
to those in the Power rate schedules: (1) volume (121 Bcf/yr) is incremental and
E. Risk Mitigation Tools The CRAC, and (2) an adjustment that therefore would be additive to the
provides options for using financial volume of LNG previously authorized
BPA uses risk mitigation tools to reserves attributed to Transmission for export from the Lake Charles
buffer against poor financial Services when Transmission Services Terminal to non-FTA countries in DOE/
performance over the rate period to financial reserves and agency financial FE Order No. 3324–A (730 Bcf/yr).3 LCE
protect the agency’s solvency and strong reserves are above established states that, through this request, it seeks
credit rating. The main financial risk thresholds. When available liquidity to align its authorized LNG export
mitigation tool BPA relies upon is and the CRAC are insufficient for volumes for non-FTA countries with the
financial liquidity, which consists of Transmission Services to meet the TPP maximum liquefaction production
financial reserves and a short-term standard, BPA includes PNRR in capacity of the Lake Charles Terminal,
liquidity facility with the U.S. Treasury. Transmission rates. In the Initial as approved by the Federal Energy
Proposal, BPA proposes to include no Regulatory Commission. LCE requests
1. Power Risk Mitigation Tools PNRR and to cap the maximum revenue the authorization for a 20-year term to
For Power Services, BPA proposes to recoverable through the Transmission commence on the earlier of the date of
use financial reserves attributed to CRAC at $100 million per year. first export or seven years from the date
Power Services and the short-term Part V—Proposed BP–18 Rate the requested authorization is issued.
liquidity facility as primary risk LCE seeks to export this LNG on its own
Schedules
mitigation tools. In addition, BPA behalf and as agent for other entities
proposes to include two rate adjustment BPA’s proposed BP–18 Power Rate who hold title to the LNG at the time of
mechanisms in the power rate schedules Schedules and Transmission Rate export. The Application was filed under
(and in certain ancillary and control Schedules are a part of this notice and section 3 of the Natural Gas Act (NGA).
are available for viewing and Additional details can be found in LCE’s
area services rate schedules) that may
downloading on BPA’s Web site at Application, posted on the DOE/FE Web
adjust rates in the event Power Service’s
http://www.bpa.gov/goto/BP18. site at: http://www.energy.gov/fe/lake-
financial reserves fall below or exceed
charles-exports-llc-fe-dkt-16-110-lng-
certain thresholds. The Cost Recovery Issued this 1st day of November, 2016.
export-fta-nftas.
Adjustment Clause (CRAC) will adjust Elliot E. Mainzer, Protests, motions to intervene, notices
rates upward to generate additional cash Administrator and Chief Executive Officer. of intervention, and written comments
within the rate period if financial [FR Doc. 2016–27181 Filed 11–9–16; 8:45 am] are invited.
reserves attributed to Power Services BILLING CODE 6450–01–P DATES: Protests, motions to intervene or
fall below a defined lower threshold. notices of intervention, as applicable,
BPA is proposing to replace the current requests for additional procedures, and
Dividend Distribution Clause with a DEPARTMENT OF ENERGY written comments are to be filed using
provision that expands the procedures detailed in the Public
Administrator’s options for using [FE Docket No. 16–110–LNG] Comment Procedures section no later
financial reserves attributed to Power than 4:30 p.m., Eastern time, January 9,
Services when Power Services financial Lake Charles Exports, LLC; 2017.
reserves and agency financial reserves Application for Long-Term, Multi- ADDRESSES:
are above established thresholds. When Contract Authorization To Export Electronic Filing by email: fergas@
available liquidity and the CRAC are Liquefied Natural Gas to Non-Free hq.doe.gov.
insufficient to meet the Power Services Trade Agreement Nations Regular Mail: U.S. Department of
Treasury Payment Probability (TPP) Energy (FE–34), Office of Regulation
standard of at least 95 percent, BPA AGENCY: Office of Fossil Energy, DOE.
1 Lake Charles LNG Company, LLC, owns and
includes Planned Net Revenues for Risk ACTION: Notice of application. operates the Lake Charles Terminal. LCE will own
(PNRR) in Power rates. The TPP is the the proposed liquefaction facility and hold the
probability of BPA making its Treasury SUMMARY: The Office of Fossil Energy requested LNG export authorization. App. at 2.
payments on time and in full each year (FE) of the Department of Energy (DOE)
2 In the Application, LCE also requests
of the two-year rate period. authorization to export the same volume of LNG to
gives notice of receipt of an application any nation that currently has, or in the future may
In the Initial Proposal, BPA proposes (Application), filed on August 15, 2016, enter into, a FTA requiring national treatment for
to include no PNRR and to cap the by Lake Charles Exports, LLC (LCE), trade in natural gas, and with which trade is not
prohibited by U.S. law or policy (FTA countries).
maximum revenue recoverable through requesting long-term, multi-contract
asabaliauskas on DSK3SPTVN1PROD with NOTICES
DOE/FE will review that request for a FTA export
the Power CRAC at $300 million per authorization to export domestically authorization separately pursuant to NGA § 3(c), 15
year. BPA also proposes to continue the produced liquefied natural gas (LNG), in U.S.C. 717b(c). The proposed export volumes for
FTA and non-FTA countries are not additive.
National Marine Fisheries Service a volume equivalent to 121 billion cubic 3 App. at 2; see Lake Charles Exports, LLC, DOE/
FCRPS Biological Opinion Adjustment feet per year (Bcf/yr) of natural gas (0.33 FE Order No. 3324–A, FE Docket No. 11–59–LNG,
(NFB Adjustment) and the Emergency Bcf per day). LCE seeks authorization to Final Opinion and Order Granting Long-Term,
NFB Surcharge, given the continuation export the LNG by vessel from the Multi-Contract Authorization to Export Liquefied
Natural Gas by Vessel from the Lake Charles
of litigation regarding the Biological existing Lake Charles Terminal located Terminal in Calcasieu Parish, Louisiana, to Non-
Opinion. in Lake Charles, Calcasieu Parish, Free Trade Agreement Nations (July 29, 2016).
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![79006 Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Notices
and International Engagement, Office of behalf of DOE (‘‘2015 LNG Export paper copies of the filing to the Office
Fossil Energy, P.O. Box 44375, Study’’).5 of Regulation and International
Washington, DC 20026–4375. Additionally, DOE will consider the Engagement at the address listed in
Hand Delivery or Private Delivery following environmental documents: ADDRESSES; or (3) hand delivering an
Services (e.g., FedEx, UPS, etc.): U.S. • Addendum to Environmental original and three paper copies of the
Department of Energy (FE–34), Office of Review Documents Concerning Exports filing to the Office of Regulation and
Regulation and International of Natural Gas from the United States, International Engagement at the address
Engagement, Office of Fossil Energy, 79 FR 48132 (Aug. 15, 2014); 6 and listed in ADDRESSES. All filings must
Forrestal Building, Room 3E–042, 1000 • Life Cycle Greenhouse Gas
include a reference to FE Docket No.
Independence Avenue SW., Perspective on Exporting Liquefied
16–110–LNG. PLEASE NOTE: If
Washington, DC 20585. Natural Gas from the United States, 79
submitting a filing via email, please
FOR FURTHER INFORMATION CONTACT: FR 32260 (June 4, 2014).7
Parties that may oppose this include all related documents and
Kyle W. Moorman or Larine Moore, U.S.
Application should address these issues attachments (e.g., exhibits) in the
Department of Energy (FE–34), Office
in their comments and/or protests, as original email correspondence. Please
of Regulation and International
Engagement, Office of Fossil Energy, well as other issues deemed relevant to do not include any active hyperlinks or
Forrestal Building, Room 3E–042, the Application. password protection in any of the
1000 Independence Avenue SW., The National Environmental Policy documents or attachments related to the
Washington, DC 20585, (202) 586– Act (NEPA), 42 U.S.C. 4321 et seq., filing. All electronic filings submitted to
7970; (202) 586–9578. requires DOE to give appropriate DOE must follow these guidelines to
Cassandra Bernstein, U.S. Department of consideration to the environmental ensure that all documents are filed in a
Energy (GC–76), Office of the effects of its proposed decisions. No timely manner. Any hardcopy filing
Assistant General Counsel for final decision will be issued in this submitted greater in length than fifty
Electricity and Fossil Energy, proceeding until DOE has met its (50) pages must also include, at the time
Forrestal Building, 1000 environmental responsibilities. of the filing, a digital copy on disk of the
Independence Avenue SW., Public Comment Procedures entire submission.
Washington, DC 20585, (202) 586– A decisional record on the
9793. In response to this Notice, any person
may file a protest, comments, or a Application will be developed through
SUPPLEMENTARY INFORMATION: responses to this notice by parties,
motion to intervene or notice of
DOE/FE Evaluation intervention, as applicable. Due to the including the parties’ written comments
complexity of the issues raised by the and replies thereto. Additional
The Application will be reviewed procedures will be used as necessary to
pursuant to section 3(a) of the NGA, 15 Applicant, interested persons will be
provided 60 days from the date of achieve a complete understanding of the
U.S.C. 717b(a), and DOE will consider facts and issues. If an additional
any issues required by law or policy. To publication of this Notice in which to
submit comments, protests, motions to procedure is scheduled, notice will be
the extent determined to be relevant,
intervene, or notices of intervention. provided to all parties. If no party
these issues will include the domestic
Any person wishing to become a party requests additional procedures, a final
need for the natural gas proposed to be
to the proceeding must file a motion to Opinion and Order may be issued based
exported, the adequacy of domestic
intervene or notice of intervention. The on the official record, including the
natural gas supply, and U.S. energy
filing of comments or a protest with Application and responses filed by
security. DOE may also consider other
respect to the Application will not serve parties pursuant to this notice, in
factors bearing on the public interest,
to make the commenter or protestant a accordance with 10 CFR 590.316.
including the impact of the proposed
party to the proceeding, although The Application is available for
exports on the U.S. economy,
protests and comments received from inspection and copying in the Office of
international considerations, and
persons who are not parties will be
whether the authorization is consistent Regulation and International
considered in determining the
with DOE’s policy of promoting Engagement docket room, Room 3E–
appropriate action to be taken on the
competition in the marketplace by 042, 1000 Independence Avenue SW.,
Application. All protests, comments,
allowing commercial parties to freely Washington, DC 20585. The docket
motions to intervene, or notices of
negotiate their own trade arrangements. room is open between the hours of 8:00
intervention must meet the
As part of this analysis, DOE will a.m. and 4:30 p.m., Monday through
requirements specified by the
consider the following two studies Friday, except Federal holidays.
regulations in 10 CFR part 590.
examining the cumulative impacts of Filings may be submitted using one of The Application and any filed
exporting domestically produced LNG: the following methods: (1) Emailing the protests, motions to intervene or notice
• Effect of Increased Levels of
filing to fergas@hq.doe.gov, with FE of interventions, and comments will
Liquefied Natural Gas Exports on U.S.
Docket No. 16–110–LNG in the title also be available electronically at:
Energy Markets, conducted by the U.S.
line; (2) mailing an original and three http://energy.gov/fe/lake-charles-
Energy Information Administration
upon DOE’s request (‘‘2014 EIA LNG exports-llc-fe-dkt-16-110-lng-export-fta-
5 The 2015 LNG Export Study, published on Oct.
Export Study’’); 4 and nftas.
29, 2015, is available at: http://energy.gov/sites/
asabaliauskas on DSK3SPTVN1PROD with NOTICES
• The Macroeconomic Impact of prod/files/2015/12/f27/20151113_macro_impact_ Issued in Washington, DC, on November 4,
Increasing U.S. LNG Exports, conducted of_lng_exports_0.pdf. 2016.
6 The Addendum and related documents are
jointly by the Center for Energy Studies John A. Anderson,
available at: http://energy.gov/fe/addendum-
at Rice University’s Baker Institute for environmental-review-documents-concerning- Director, Office of Regulation and
Public Policy and Oxford Economics, on exports-natural-gas-united-states. International Engagement. Office of Oil and
7 The Life Cycle Greenhouse Gas Report is
Natural Gas
4 The 2014 EIA LNG Export Study, published on available at: http://energy.gov/fe/life-cycle-
[FR Doc. 2016–27180 Filed 11–9–16; 8:45 am]
Oct. 29, 2014, is available at: https://www.eia.gov/ greenhouse-gas-perspective-exporting-liquefied-
analysis/requests/fe/. natural-gas-united-states. BILLING CODE 6450–01–P
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Document Created: 2016-11-10 01:43:43
Document Modified: 2016-11-10 01:43:43
| 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, January 9, | |
| Contact | Kyle W. Moorman 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) 586-7970; (202) 586-9578. 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. | |
| FR Citation | 81 FR 79005 |
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