Gasfin Development USA, LLC; Application for Long-Term Authorization To Export Liquefied Natural Gas Produced From Domestic Natural Gas Resources to Non-Free Trade Agreement Countries for a 20-Year Period, 44439-44441 [2014-18030]
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Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Notices
DEPARTMENT OF ENERGY
Hand Delivery or Private Delivery
Services (e.g., FedEx, UPS, etc.)
[FE Docket No. 13–161–LNG]
U.S. Department of Energy (FE–34),
Office of Oil and Gas Global Security
and Supply, Office of Fossil Energy,
Forrestal Building, Room 3E–042, 1000
Independence Avenue SW.,
Washington, DC 20585.
Gasfin Development USA, LLC;
Application for Long-Term
Authorization To Export Liquefied
Natural Gas Produced From Domestic
Natural Gas Resources to Non-Free
Trade Agreement Countries for a 20Year Period
AGENCY:
ACTION:
Office of Fossil Energy, DOE.
Notice of application.
The Office of Fossil Energy
(FE) of the Department of Energy (DOE)
gives notice of receipt of an application
(Application) filed on December 24,
2013, by Gasfin Development USA, LLC
(Gasfin), requesting long-term, multicontract authorization to export
liquefied natural gas (LNG) produced
from domestic sources in a volume
equivalent to approximately 74 billion
cubic feet per year (Bcf/yr) of natural
gas, or 0.2 Bcf per day (Bcf/d). Gasfin
seeks authorization to export the LNG
by vessel from the proposed Gasfin LNG
Export Project, a mid-scale natural gas
liquefaction and LNG export terminal to
be located along the Calcasieu River in
Cameron Parish, Louisiana (the Project),
for a 20-year term commencing on the
earlier of the date of first export or eight
years from the date the authorization is
granted. Gasfin requests authorization to
export the LNG by vessel to any country
with which the United States does not
have a free trade agreement (FTA)
requiring national treatment for trade in
natural gas (non-FTA countries), and
with which trade is not prohibited by
U.S. law or policy. Gasfin requests this
authorization on its own behalf and as
agent for other parties who hold title to
the LNG at the time of export. The
Application was filed under section 3(a)
of the Natural Gas Act (NGA).
SUMMARY:
Protests, motions to intervene or
notices of intervention, as applicable,
requests for additional procedures, and
written comments are to be filed using
procedures detailed in the Public
Comment Procedures section no later
than 4:30 p.m., Eastern time, September
29, 2014.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
DATES:
Electronic Filing by email:
fergas@hq.doe.gov.
ADDRESSES:
Regular Mail
U.S. Department of Energy (FE–34),
Office of Oil and Gas Global Security
and Supply, Office of Fossil Energy,
P.O. Box 44375, Washington, DC 20026–
4375.
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FOR FURTHER INFORMATION CONTACT:
Larine Moore or Lisa Tracy, U.S.
Department of Energy (FE–34), Office
of Oil and Gas Global Security and
Supply, Office of Fossil Energy,
Forrestal Building, Room 3E–042,
1000 Independence Avenue SW.,
Washington, DC 20585, (202) 586–
9478; (202) 586–4523.
Cassandra Bernstein, U.S. Department of
Energy, 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:
Background
Applicant. Gasfin states that it is a
Delaware limited liability company with
its principal place of business in
Strassen, Luxembourg. Gasfin is a
wholly owned subsidiary of Gasfin
Development S.A. (Gasfin
Development), a Luxembourg company
that develops, owns and manages midscale LNG infrastructure.
According to Gasfin, Gasfin
Development is management controlled
by Roland Fisher (CEO) and Vladimir
Puklavec (Chairman). Gasfin
Development’s affiliated operating
group companies are TGE Gas
Engineering GmbH (TGE Gas) and TGE
Marine Gas Engineering GmbH (TGE
Marine)—both limited companies set up
in Bonn, Germany. Gasfin Development
management holds 40 percent of the
share capital of TGE Gas and TGE
Marine. China International Marine
Containers (Group) Co., Ltd., a publicly
traded Chinese manufacturing group
listed on the Shenzhen Stock Exchange,
is a 60 percent shareholder of TGE Gas.
Caledonia Investments plc, a publicly
traded UK Investment Trust listed on
the London Stock Exchange, is a 60
percent shareholder of TGE Marine.
Procedural History. On March 7,
2013, DOE/FE issued Order No. 3253, in
which it authorized Gasfin to export
LNG produced from domestic sources to
FTA countries (i.e., countries with
which the United States currently has,
or in the future will have, a free trade
agreement requiring national treatment
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44439
for trade in natural gas) 1 in a volume
equivalent to approximately 74 Bcf/yr of
natural gas (0.2 Bcf/d), or 1.5 million
metric tons per annum (mtpa) of LNG.2
This is the same volume of LNG
requested for exported to non-FTA
countries in the current Application.
Liquefaction Project. Gasfin seeks
long-term authorization to export
domestically produced LNG from the
Gasfin LNG Export Project, which
Gasfin proposes to construct, own, and
operate. Gasfin states that the Project
will be located on a 65-acre site along
the Calcasieu River in Cameron Parish,
Louisiana. Gasfin states that
construction of the Project will occur in
three phases, with each phase capable of
producing 0.5 mtpa of LNG
(approximately 67.5 million standard
cubic feet per day of natural gas) for a
total of 1.5 mtpa. Gasfin anticipates that
the Project will have LNG storage
capacity ranging from 80,000 cubic
meters (m3) to 200,000 m3, to be
completed as single or multiple tanks
depending on Project phasing.
Gasfin states that it will construct a
single berth to accommodate mid-scale
LNG carriers ranging in size from 10,000
m3 to 174,000 m3. The Project also will
include a pipeline (approximately 3 to
11 miles long) to link the Project to the
existing gas pipeline network, as well as
common facilities including control and
administration buildings, utilities, and a
flare.
Current Application
Gasfin requests long-term, multicontract authorization to export LNG in
a volume equivalent to approximately
74 Bcf/yr of domestic natural gas (0.2
Bcf/d) by vessel from the proposed
Gasfin LNG Export Project to any nonFTA country which has developed or in
the future develops the capacity to
import LNG, and with which trade is
not prohibited by U.S. law or policy.
Gasfin requests this authorization for a
20-year term commencing on the earlier
of the date of first export or eight years
from the date the requested
authorization is granted.
Gasfin seeks to export the requested
LNG on its own behalf and as agent for
1 The United States currently has FTAs requiring
national treatment for trade in natural gas with
Australia, Bahrain, Canada, Chile, Colombia,
Dominican Republic, El Salvador, Guatemala,
Honduras, Jordan, Mexico, Morocco, Nicaragua,
Oman, Panama, Peru, Republic of Korea, and
Singapore. FTAs with Israel and Costa Rica do not
require national treatment for trade in natural gas.
2 Gasfin Development USA, LLC, DOE/FE Order.
No. 3253, Docket No. 13–06–LNG, Order Granting
Long-Term Multi-Contract Authorization to Export
Liquefied Natural Gas by Vessel from the Proposed
Gasfin LNG Export Project in Cameron Parish,
Louisiana, to Free Trade Agreement Nations (March
7, 2013).
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Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Notices
third parties who hold title to the LNG
at the time of export. Gasfin states that
it will comply with all DOE/FE
requirements for exporters and agents as
set forth in recent DOE/FE orders,
including registering each LNG title
holder for whom Gasfin seeks to export
as agent. Gasfin states that this
registration will include a written
statement by the title holder
acknowledging and agreeing to comply
with all applicable requirements
included by DOE/FE in Gasfin’s export
authorization. Gasfin further states that
it will include those requirements in
any subsequent purchase or sale
agreement entered into by that title
holder. In addition, Gasfin states that it
will file under seal with DOE/FE any
relevant long-term commercial
agreements between Gasfin and the LNG
title holder, once those agreements have
been executed.
Gasfin states that the proposed Project
site is located in close proximity to
various major interstate and intrastate
pipeline systems, including those of
Tennessee Gas Pipeline Company, ANR
Pipeline Company, Bridgeline Holdings,
L.P., Columbia Gulf Transmission
Company, and Natural Gas Pipeline
Company of America. According to
Gasfin, specific interconnections with
these neighboring pipelines will be
driven by customer demand for delivery
and receipt points.
Gasfin states that the planned
construction of a short pipeline
(approximately 3 to 11 miles long), to be
built either by Gasfin or a third-party
pipeline company, will allow the
Project to interconnect with major
pipeline systems that span large regions
of the United States and cross multiple
conventional and unconventional gas
plays. As a result, Gasfin asserts that the
Project will be able to source gas from
almost any point on the U.S. natural gas
pipeline grid through direct physical
delivery, by displacement on the spot
market, or pursuant to long-term supply
arrangements.
Gasfin states that it has not yet
entered into long-term supply and longterm LNG purchase and sale or export
agreements, but it is engaged in
commercial discussions with various
potential regional and international
large industrial customers. Gasfin
further states that it has commenced
negotiations with the neighboring
pipelines for transportation capacity,
interconnection points, and the
development of the planned pipeline.
According to Gasfin, it will finalize
these arrangements once commercial
discussions progress with potential
customers. Gasfin states that it will
submit transaction-specific information
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14:56 Jul 30, 2014
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to DOE/FE when such contracts are
executed.
Public Interest Considerations
Gasfin contends that publicly
available information demonstrates that
the United States has significant natural
gas resources to meet projected future
domestic needs, including the quantities
requested for export to non-FTA
countries in the current Application.
Gasfin maintains that it is evident from
the current supply/demand balance of
natural gas in the United States that its
requested authorization will not
impinge on any national or regional
need for the gas. In support of the
Application, Gasfin addresses the
following:
Domestic Natural Gas Supply. Gasfin
contends that the U.S. Energy
Information Administration’s (EIA)
Annual Outlook 2013 (AEO 2013)
supports the view that the U.S. natural
gas resource base continues to expand
rapidly. Gasfin highlights AEO 2013
projections that U.S. dry natural gas
production will total 33.14 trillion cubic
feet (Tcf) (90.8 Bcf/d) by 2040, an
increase of 10.14 Tcf (27.8 Bcf/d), or
44.1%, from production levels of 23.0
Tcf (63.0 Bcf/d) in 2011. Gasfin also
notes EIA’s short-term forecast, which
projects domestic marketed production
to increase from 69.2 Bcf/d in 2012 to
70.4 Bcf/d in 2013, marking a third
record-breaking year in a row. Pointing
to EIA’s 2014 projections, Gasfin asserts
that this trend is expected to continue.
Gasfin next points to recent industry
evaluations that, according to Gasfin,
reflect a robust outlook for increased
domestic natural gas supply capacity.
As one example, Gasfin highlights a
natural gas resource assessment
prepared by the Potential Gas
Committee of the Colorado School of
Mines (Potential Gas Committee) in
April 2013. Gasfin states that the
Potential Gas Committee raised its prior
estimates of the U.S. technically
recoverable gas resource base by 486
Tcf, or 25.6%, to 2,384 Tcf at year-end
2012, the highest resource evaluation in
the group’s 48-year history.
Gasfin concludes that the Potential
Gas Committee resource assessment,
AEO 2013, and other publicly available
information demonstrate that the United
States has sufficient natural gas
resources available at modest prices to
meet projected domestic demand over
the next 25 years.
Domestic Natural Gas Demand. Citing
the AEO 2013 Reference Case, Gasfin
states that the domestic natural gas
market is projected to grow at a 0.7%
annual rate through 2040, with demand
projected to expand to 29.54 Tcf of
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Sfmt 4703
natural gas (80.9 Bcf/d) in 2040 from
24.37 Tcf (66.7 Bcf/d) in 2011.
Supply-Demand Balance. Gasfin
contends that recent trends in the U.S.
natural gas market demonstrate that
there is little, if any, domestic need for
the natural gas that would be exported
as a result of its requested authorization.
Citing EIA data, Gasfin asserts that U.S.
natural gas production has been growing
at almost twice the rate of domestic
demand growth since 2005. According
to Gasfin, this trend demonstrates that
available natural gas reserves exceed
current demand, and that future
resources exist well in excess of
projected long-term domestic needs.
Gasfin notes that the AEO 2013
Reference Case projects that domestic
natural gas production is expected to
exceed domestic consumption by 3.6
Tcf (9.86 Bcf/d) by 2040. Gasfin
reiterates that this surplus of deliverable
supply demonstrates that resources are
available for export and would not
interfere with the public interest.
Price Impacts. Gasfin maintains that
EIA data and other publicly-available
information demonstrate that the United
States has sufficient natural gas
resources available at modest prices to
meet projected domestic demand over
the export period requested by Gasfin in
the Application. To support this point,
Gasfin discusses two studies: (i) The
NERA Study, which concluded that the
largest price impacts after five years of
LNG export growth would range from
$0.22 to $1.11 per Mcf, and that exports
of LNG will provide a net economic
benefit to the United States, regardless
of the amount of LNG that is exported;
and (ii) the ICF State-Level Study,
which projected net gross domestic
product gains in natural gas producing
states ranging from $10 to $31 billion
and up to $2.6 billion to $5 billion for
non-natural gas producing states by
2035, as well as net jobs gains
nationwide in 2035.
Based on these factors, Gasfin
maintains that the proposed exports are
not inconsistent with the public
interest. Additional details can be found
in Gasfin’s Application, which is posted
on the DOE/FE Web site at: https://
www.fossil.energy.gov/programs/
gasregulation/authorizations/2013_
applications/13_161_lngnfta.pdf.
Environmental Impact
Gasfin states that the potential
environmental impact of the Project will
be reviewed by the Federal Energy
Regulatory Commission (FERC). Gasfin
further states that FERC will conduct
that review in conjunction with Gasfin’s
request to site, construct, and operate
the Project under section (3) of the NGA.
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Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Notices
Gasfin states that, consistent with the
National Environmental Policy Act
(NEPA), 42 U.S.C. 4321 et seq., FERC
will act as the lead agency for the
environmental review, with DOE acting
as a cooperating agency. Gasfin
anticipates requesting authorization to
commence FERC’s mandatory NEPA
pre-filing review process for the Project
once the commercial discussions with
potential customers and project partners
have progressed.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
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.
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.
NEPA requires DOE to give
appropriate consideration to the
environmental effects of its decisions.
No final decision will be issued in this
proceeding until DOE has met its
environmental responsibilities.
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, notices of
intervention, or motions for additional
procedures.
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. Any person
wishing to become a party to the
proceeding must file a motion to
intervene or notice of intervention, as
applicable. The filing of comments or a
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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 fergas@hq.doe.gov with FE
Docket No. 13–161–LNG in the title
line; (2) mailing an original and three
paper copies of the filing to the Office
of Oil and Gas Global Security and
Supply at the address listed in
ADDRESSES; or (3) hand delivering an
original and three paper copies of the
filing to the Office of Oil and Gas Global
Security and Supply at the address
listed in ADDRESSES. All filings must
include a reference to FE Docket No.
13–161–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. A party seeking
intervention may request that additional
procedures be provided, such as
additional written comments, an oral
presentation, a conference, or trial-type
hearing. Any request to file additional
written comments should explain why
they are necessary. Any request for an
oral presentation should identify the
substantial question of fact, law, or
policy at issue, show that it is material
and relevant to a decision in the
proceeding, and demonstrate why an
oral presentation is needed. Any request
for a conference should demonstrate
why the conference would materially
advance the proceeding. Any request for
a trial-type hearing must show that there
are factual issues genuinely in dispute
that are relevant and material to a
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44441
decision, and that a trial-type hearing is
necessary for a full and true disclosure
of the facts.
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 Division
of Natural Gas Regulatory Activities
docket room, Room 3E–042, 1000
Independence Avenue SW.,
Washington, DC 20585. The docket
room is open between the hours of 8:00
a.m. and 4:30 p.m., Monday through
Friday, except Federal holidays. The
Application and any filed protests,
motions to intervene or notice of
interventions, and comments will also
be available electronically by going to
the following DOE/FE Web address:
https://www.fe.doe.gov/programs/
gasregulation/.
Issued in Washington, DC, on July 25,
2014.
John A. Anderson,
Director, Division of Natural Gas Regulatory
Activities, Office of Oil and Gas Global
Security and Supply, Office of Oil and
Natural Gas.
[FR Doc. 2014–18030 Filed 7–30–14; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Secretary of Energy Advisory Board;
Meeting: Correction
Department of Energy.
Notice of Open Meeting:
Correction.
AGENCY:
ACTION:
The Department of Energy
(DOE) published in the Federal Register
on July 18, 2014, a notice of an open
meeting for the Secretary of Energy
Advisory Board (SEAB). The notice is
being corrected to change the Agenda
topics and point of contact for the
meeting.
Correction: In the Federal Register of
July 18, 2014, in FR DOC. 2014—16910,
on pages 42001, please make the
following corrections:
In the FOR FURTHER INFORMATION
CONTACT heading, first column, first
paragraph, first line, please remove,
‘‘Karen Gibson, Designated Federal
Officer’’ ‘‘telephone: (202) 586–3787’’
and in its place add ‘‘Corey WilliamsAllen, Deputy Designated Federal
Officer’’ ‘‘telephone: (202) 586–1916’’.
In the Tentative Agenda heading, first
column, first paragraph, fourth line,
SUMMARY:
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Agencies
[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Notices]
[Pages 44439-44441]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18030]
[[Page 44439]]
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DEPARTMENT OF ENERGY
[FE Docket No. 13-161-LNG]
Gasfin Development USA, LLC; Application for Long-Term
Authorization To Export Liquefied Natural Gas Produced From Domestic
Natural Gas Resources to Non-Free Trade Agreement Countries for a 20-
Year Period
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
December 24, 2013, by Gasfin Development USA, LLC (Gasfin), requesting
long-term, multi-contract authorization to export liquefied natural gas
(LNG) produced from domestic sources in a volume equivalent to
approximately 74 billion cubic feet per year (Bcf/yr) of natural gas,
or 0.2 Bcf per day (Bcf/d). Gasfin seeks authorization to export the
LNG by vessel from the proposed Gasfin LNG Export Project, a mid-scale
natural gas liquefaction and LNG export terminal to be located along
the Calcasieu River in Cameron Parish, Louisiana (the Project), for a
20-year term commencing on the earlier of the date of first export or
eight years from the date the authorization is granted. Gasfin requests
authorization to export the LNG by vessel to any country with which the
United States does not have a free trade agreement (FTA) requiring
national treatment for trade in natural gas (non-FTA countries), and
with which trade is not prohibited by U.S. law or policy. Gasfin
requests this authorization on its own behalf and as agent for other
parties who hold title to the LNG at the time of export. The
Application was filed under section 3(a) of the Natural Gas Act (NGA).
DATES: Protests, motions to intervene or notices of intervention, as
applicable, requests for additional procedures, and written comments
are to be filed using procedures detailed in the Public Comment
Procedures section no later than 4:30 p.m., Eastern time, September 29,
2014.
ADDRESSES: Electronic Filing by email: fergas@hq.doe.gov.
Regular Mail
U.S. Department of Energy (FE-34), Office of Oil and Gas Global
Security and Supply, 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 Oil and Gas Global
Security and Supply, Office of Fossil Energy, Forrestal Building, Room
3E-042, 1000 Independence Avenue SW., Washington, DC 20585.
FOR FURTHER INFORMATION CONTACT:
Larine Moore or Lisa Tracy, U.S. Department of Energy (FE-34), Office
of Oil and Gas Global Security and Supply, Office of Fossil Energy,
Forrestal Building, Room 3E-042, 1000 Independence Avenue SW.,
Washington, DC 20585, (202) 586-9478; (202) 586-4523.
Cassandra Bernstein, U.S. Department of Energy, 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:
Background
Applicant. Gasfin states that it is a Delaware limited liability
company with its principal place of business in Strassen, Luxembourg.
Gasfin is a wholly owned subsidiary of Gasfin Development S.A. (Gasfin
Development), a Luxembourg company that develops, owns and manages mid-
scale LNG infrastructure.
According to Gasfin, Gasfin Development is management controlled by
Roland Fisher (CEO) and Vladimir Puklavec (Chairman). Gasfin
Development's affiliated operating group companies are TGE Gas
Engineering GmbH (TGE Gas) and TGE Marine Gas Engineering GmbH (TGE
Marine)--both limited companies set up in Bonn, Germany. Gasfin
Development management holds 40 percent of the share capital of TGE Gas
and TGE Marine. China International Marine Containers (Group) Co.,
Ltd., a publicly traded Chinese manufacturing group listed on the
Shenzhen Stock Exchange, is a 60 percent shareholder of TGE Gas.
Caledonia Investments plc, a publicly traded UK Investment Trust listed
on the London Stock Exchange, is a 60 percent shareholder of TGE
Marine.
Procedural History. On March 7, 2013, DOE/FE issued Order No. 3253,
in which it authorized Gasfin to export LNG produced from domestic
sources to FTA countries (i.e., countries with which the United States
currently has, or in the future will have, a free trade agreement
requiring national treatment for trade in natural gas) \1\ in a volume
equivalent to approximately 74 Bcf/yr of natural gas (0.2 Bcf/d), or
1.5 million metric tons per annum (mtpa) of LNG.\2\ This is the same
volume of LNG requested for exported to non-FTA countries in the
current Application.
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\1\ The United States currently has FTAs requiring national
treatment for trade in natural gas with Australia, Bahrain, Canada,
Chile, Colombia, Dominican Republic, El Salvador, Guatemala,
Honduras, Jordan, Mexico, Morocco, Nicaragua, Oman, Panama, Peru,
Republic of Korea, and Singapore. FTAs with Israel and Costa Rica do
not require national treatment for trade in natural gas.
\2\ Gasfin Development USA, LLC, DOE/FE Order. No. 3253, Docket
No. 13-06-LNG, Order Granting Long-Term Multi-Contract Authorization
to Export Liquefied Natural Gas by Vessel from the Proposed Gasfin
LNG Export Project in Cameron Parish, Louisiana, to Free Trade
Agreement Nations (March 7, 2013).
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Liquefaction Project. Gasfin seeks long-term authorization to
export domestically produced LNG from the Gasfin LNG Export Project,
which Gasfin proposes to construct, own, and operate. Gasfin states
that the Project will be located on a 65-acre site along the Calcasieu
River in Cameron Parish, Louisiana. Gasfin states that construction of
the Project will occur in three phases, with each phase capable of
producing 0.5 mtpa of LNG (approximately 67.5 million standard cubic
feet per day of natural gas) for a total of 1.5 mtpa. Gasfin
anticipates that the Project will have LNG storage capacity ranging
from 80,000 cubic meters (m\3\) to 200,000 m\3\, to be completed as
single or multiple tanks depending on Project phasing.
Gasfin states that it will construct a single berth to accommodate
mid-scale LNG carriers ranging in size from 10,000 m\3\ to 174,000
m\3\. The Project also will include a pipeline (approximately 3 to 11
miles long) to link the Project to the existing gas pipeline network,
as well as common facilities including control and administration
buildings, utilities, and a flare.
Current Application
Gasfin requests long-term, multi-contract authorization to export
LNG in a volume equivalent to approximately 74 Bcf/yr of domestic
natural gas (0.2 Bcf/d) by vessel from the proposed Gasfin LNG Export
Project to any non-FTA country which has developed or in the future
develops the capacity to import LNG, and with which trade is not
prohibited by U.S. law or policy. Gasfin requests this authorization
for a 20-year term commencing on the earlier of the date of first
export or eight years from the date the requested authorization is
granted.
Gasfin seeks to export the requested LNG on its own behalf and as
agent for
[[Page 44440]]
third parties who hold title to the LNG at the time of export. Gasfin
states that it will comply with all DOE/FE requirements for exporters
and agents as set forth in recent DOE/FE orders, including registering
each LNG title holder for whom Gasfin seeks to export as agent. Gasfin
states that this registration will include a written statement by the
title holder acknowledging and agreeing to comply with all applicable
requirements included by DOE/FE in Gasfin's export authorization.
Gasfin further states that it will include those requirements in any
subsequent purchase or sale agreement entered into by that title
holder. In addition, Gasfin states that it will file under seal with
DOE/FE any relevant long-term commercial agreements between Gasfin and
the LNG title holder, once those agreements have been executed.
Gasfin states that the proposed Project site is located in close
proximity to various major interstate and intrastate pipeline systems,
including those of Tennessee Gas Pipeline Company, ANR Pipeline
Company, Bridgeline Holdings, L.P., Columbia Gulf Transmission Company,
and Natural Gas Pipeline Company of America. According to Gasfin,
specific interconnections with these neighboring pipelines will be
driven by customer demand for delivery and receipt points.
Gasfin states that the planned construction of a short pipeline
(approximately 3 to 11 miles long), to be built either by Gasfin or a
third-party pipeline company, will allow the Project to interconnect
with major pipeline systems that span large regions of the United
States and cross multiple conventional and unconventional gas plays. As
a result, Gasfin asserts that the Project will be able to source gas
from almost any point on the U.S. natural gas pipeline grid through
direct physical delivery, by displacement on the spot market, or
pursuant to long-term supply arrangements.
Gasfin states that it has not yet entered into long-term supply and
long-term LNG purchase and sale or export agreements, but it is engaged
in commercial discussions with various potential regional and
international large industrial customers. Gasfin further states that it
has commenced negotiations with the neighboring pipelines for
transportation capacity, interconnection points, and the development of
the planned pipeline. According to Gasfin, it will finalize these
arrangements once commercial discussions progress with potential
customers. Gasfin states that it will submit transaction-specific
information to DOE/FE when such contracts are executed.
Public Interest Considerations
Gasfin contends that publicly available information demonstrates
that the United States has significant natural gas resources to meet
projected future domestic needs, including the quantities requested for
export to non-FTA countries in the current Application. Gasfin
maintains that it is evident from the current supply/demand balance of
natural gas in the United States that its requested authorization will
not impinge on any national or regional need for the gas. In support of
the Application, Gasfin addresses the following:
Domestic Natural Gas Supply. Gasfin contends that the U.S. Energy
Information Administration's (EIA) Annual Outlook 2013 (AEO 2013)
supports the view that the U.S. natural gas resource base continues to
expand rapidly. Gasfin highlights AEO 2013 projections that U.S. dry
natural gas production will total 33.14 trillion cubic feet (Tcf) (90.8
Bcf/d) by 2040, an increase of 10.14 Tcf (27.8 Bcf/d), or 44.1%, from
production levels of 23.0 Tcf (63.0 Bcf/d) in 2011. Gasfin also notes
EIA's short-term forecast, which projects domestic marketed production
to increase from 69.2 Bcf/d in 2012 to 70.4 Bcf/d in 2013, marking a
third record-breaking year in a row. Pointing to EIA's 2014
projections, Gasfin asserts that this trend is expected to continue.
Gasfin next points to recent industry evaluations that, according
to Gasfin, reflect a robust outlook for increased domestic natural gas
supply capacity. As one example, Gasfin highlights a natural gas
resource assessment prepared by the Potential Gas Committee of the
Colorado School of Mines (Potential Gas Committee) in April 2013.
Gasfin states that the Potential Gas Committee raised its prior
estimates of the U.S. technically recoverable gas resource base by 486
Tcf, or 25.6%, to 2,384 Tcf at year-end 2012, the highest resource
evaluation in the group's 48-year history.
Gasfin concludes that the Potential Gas Committee resource
assessment, AEO 2013, and other publicly available information
demonstrate that the United States has sufficient natural gas resources
available at modest prices to meet projected domestic demand over the
next 25 years.
Domestic Natural Gas Demand. Citing the AEO 2013 Reference Case,
Gasfin states that the domestic natural gas market is projected to grow
at a 0.7% annual rate through 2040, with demand projected to expand to
29.54 Tcf of natural gas (80.9 Bcf/d) in 2040 from 24.37 Tcf (66.7 Bcf/
d) in 2011.
Supply-Demand Balance. Gasfin contends that recent trends in the
U.S. natural gas market demonstrate that there is little, if any,
domestic need for the natural gas that would be exported as a result of
its requested authorization. Citing EIA data, Gasfin asserts that U.S.
natural gas production has been growing at almost twice the rate of
domestic demand growth since 2005. According to Gasfin, this trend
demonstrates that available natural gas reserves exceed current demand,
and that future resources exist well in excess of projected long-term
domestic needs. Gasfin notes that the AEO 2013 Reference Case projects
that domestic natural gas production is expected to exceed domestic
consumption by 3.6 Tcf (9.86 Bcf/d) by 2040. Gasfin reiterates that
this surplus of deliverable supply demonstrates that resources are
available for export and would not interfere with the public interest.
Price Impacts. Gasfin maintains that EIA data and other publicly-
available information demonstrate that the United States has sufficient
natural gas resources available at modest prices to meet projected
domestic demand over the export period requested by Gasfin in the
Application. To support this point, Gasfin discusses two studies: (i)
The NERA Study, which concluded that the largest price impacts after
five years of LNG export growth would range from $0.22 to $1.11 per
Mcf, and that exports of LNG will provide a net economic benefit to the
United States, regardless of the amount of LNG that is exported; and
(ii) the ICF State-Level Study, which projected net gross domestic
product gains in natural gas producing states ranging from $10 to $31
billion and up to $2.6 billion to $5 billion for non-natural gas
producing states by 2035, as well as net jobs gains nationwide in 2035.
Based on these factors, Gasfin maintains that the proposed exports
are not inconsistent with the public interest. Additional details can
be found in Gasfin's Application, which is posted on the DOE/FE Web
site at: https://www.fossil.energy.gov/programs/gasregulation/authorizations/2013_applications/13_161_lngnfta.pdf.
Environmental Impact
Gasfin states that the potential environmental impact of the
Project will be reviewed by the Federal Energy Regulatory Commission
(FERC). Gasfin further states that FERC will conduct that review in
conjunction with Gasfin's request to site, construct, and operate the
Project under section (3) of the NGA.
[[Page 44441]]
Gasfin states that, consistent with the National Environmental Policy
Act (NEPA), 42 U.S.C. 4321 et seq., FERC will act as the lead agency
for the environmental review, with DOE acting as a cooperating agency.
Gasfin anticipates requesting authorization to commence FERC's
mandatory NEPA pre-filing review process for the Project once the
commercial discussions with potential customers and project partners
have progressed.
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.
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.
NEPA requires DOE to give appropriate consideration to the
environmental effects of its decisions. No final decision will be
issued in this proceeding until DOE has met its environmental
responsibilities.
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, notices of intervention, or motions for
additional procedures.
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. Any person wishing to become a party to the proceeding must
file a motion to intervene or notice of intervention, as applicable.
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 fergas@hq.doe.gov with FE Docket No. 13-161-LNG
in the title line; (2) mailing an original and three paper copies of
the filing to the Office of Oil and Gas Global Security and Supply at
the address listed in ADDRESSES; or (3) hand delivering an original and
three paper copies of the filing to the Office of Oil and Gas Global
Security and Supply at the address listed in ADDRESSES. All filings
must include a reference to FE Docket No. 13-161-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.
A party seeking intervention may request that additional procedures be
provided, such as additional written comments, an oral presentation, a
conference, or trial-type hearing. Any request to file additional
written comments should explain why they are necessary. Any request for
an oral presentation should identify the substantial question of fact,
law, or policy at issue, show that it is material and relevant to a
decision in the proceeding, and demonstrate why an oral presentation is
needed. Any request for a conference should demonstrate why the
conference would materially advance the proceeding. Any request for a
trial-type hearing must show that there are factual issues genuinely in
dispute that are relevant and material to a decision, and that a trial-
type hearing is necessary for a full and true disclosure of the facts.
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
Division of Natural Gas Regulatory Activities docket room, Room 3E-042,
1000 Independence Avenue SW., Washington, DC 20585. The docket room is
open between the hours of 8:00 a.m. and 4:30 p.m., Monday through
Friday, except Federal holidays. The Application and any filed
protests, motions to intervene or notice of interventions, and comments
will also be available electronically by going to the following DOE/FE
Web address: https://www.fe.doe.gov/programs/gasregulation/.
Issued in Washington, DC, on July 25, 2014.
John A. Anderson,
Director, Division of Natural Gas Regulatory Activities, Office of Oil
and Gas Global Security and Supply, Office of Oil and Natural Gas.
[FR Doc. 2014-18030 Filed 7-30-14; 8:45 am]
BILLING CODE 6450-01-P