Louisiana LNG Energy 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 25-Year Period, 57896-57899 [2014-22886]
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[FR Doc. 2014–22863 Filed 9–25–14; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF ENERGY
[FE Docket No. 14–29–LNG]
Louisiana LNG Energy 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 25Year Period
Office of Fossil Energy, DOE.
Notice of application.
AGENCY:
ACTION:
The Office of Fossil Energy
(FE) of the Department of Energy (DOE)
gives notice of receipt of an application
(Application) filed on February 18,
2014, by Louisiana LNG Energy LLC
(LLNG), requesting long-term, multicontract authorization to export two
million metric tons per year (mtpa) of
liquefied natural gas (LNG) produced
from domestic sources, which LLNG
states is equivalent to approximately
103.4 billion cubic feet per year (Bcf/yr)
of natural gas (0.28 Bcf per day (Bcf/d)).
LLNG seeks authorization to export the
LNG for a 25-year term from a proposed
LNG liquefaction project to be located
near mile marker 46 on the East Bank
SUMMARY:
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of the Mississippi River, down-river
from the Port of New Orleans, in
Plaquemines Parish, Louisiana (Project).
LLNG requests authorization to export
this 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. LLNG seeks to export this
LNG on its own behalf and as agent for
other parties who hold title to the LNG
at the time of export. LLNG requests that
this authorization commence on the
earlier of the date of first export or 10
years from the date the authorization is
issued. 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, November
25, 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. LLNG is a Texas limited
liability company with its principal
place of business in Houston, Texas.
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LLNG is owned and controlled by five
equal members who also serve as
officers of the LLC: James H. Lindsay,
Ralph Summers, J.Q. Delap, Steven P.
Martin, and Thomas W. Burgess. Each
member holds a 20% ownership interest
in LLNG. LLNG states that it intends to
transfer a controlling ownership interest
from the five members to ArcLight
Capital Partners, LLC, a Massachusettsbased private equity firm specializing in
the energy sector.
Procedural History. In the
Application, LLNG stated that it expects
to file a request with the Federal Energy
Regulatory Commission (FERC) in May
2014 to initiate the pre-filing
environmental review process for the
proposed Project. We take
administrative notice that LLNG made
this request to FERC on July 11, 2014,
and FERC accepted LLNG’s pre-filing
request on July 18, 2014, in FERC
Docket No. PF14–17–000.
On July 24, 2014, LLNG submitted a
supplement to its Application, in which
it provided additional detail on the
requested export volume, corporate
structure, and source of the natural gas
to be exported.1 LLNG also provided a
description of the Project’s LNG marine
facilities, LNG truck loading facilities,
and modular design plan. On August 28,
2014, LLNG submitted a second
supplement to DOE/FE by electronic
mail, clarifying information concerning
its access to natural gas supplies. The
additional Project detail provided in
both supplements is incorporated
herein.
On August 28, 2014, DOE/FE issued
Order No. 3482, in which it granted
LLNG’s FTA export application, filed
separately on February 5, 2014. In that
order, DOE/FE authorized LLNG to
export domestically produced LNG by
vessel from the Project 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) 2 in a volume equivalent to
approximately 103.4 Bcf/yr of natural
gas for a term of 25 years.3 LLNG states
that the LNG export volumes requested
for its FTA and non-FTA authorizations,
both equivalent to 103.4 Bcf/yr of
natural gas, are not additive.
Liquefaction Project. LLNG proposes
to construct a liquefaction facility on a
200-acre site near mile market 46 on the
East Bank of the Mississippi River, in
Plaquemines Parish, Louisiana. LLNG
states that the proposed site is currently
under lease by LLNG with multiple
renewal options extending through May
31, 2091.
LLNG states that the liquefaction
facility will consist of four 74,380
thousand cubic feet per day (Mcf/d)
liquefaction trains with a total annual
capacity of approximately 100 Bcf (or
two mtpa) of LNG. LLNG further states
that the facility will include two amine
and dehydration units, which will be
located upstream of the four
liquefaction trains to remove residual
moisture, CO2, and natural gas liquids.
These and other facility components,
including storage tanks, heat
exchangers, air coolers, and gas
turbines, will be built in a modular
fashion and assembled on-site.4
LLNG states that it plans to construct
a marine loading terminal and LNG
truck loading facilities. According to
LLNG, the marine loading terminal will
consist of one berth for LNG cargo ships
ranging in size from 130,000 to 175,000
cubic meters (m3) cargo capacity, and
will have cryogenic loading arms for the
loading of LNG. The LNG storage tanks
will be fitted with pumps to transfer
LNG to cargo ships at a loading rate of
10,000 m3 per hour.
LLNG states that the LNG truck
loading station will be fenced off and
separate from the main liquefaction
facility site. Two truck loading bays,
with weigh stations, will have pumps to
transfer LNG from the LNG storage tanks
to the trucks. Flexible cryogenic hoses
will enable the transfer of LNG to each
truck at a rate of approximately 400
gallons per minute. LLNG states that
hoses will send boil-off gas to a
handling system.
Current Application
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1 See
Louisiana LNG Energy LLC, Supplement to
Applications of Louisiana LNG Energy LLC for
Long-Term Authorization to Export Liquefied
Natural Gas to Free Trade Agreement and Non-Free
Trade Agreement Countries, Docket Nos. 14–19–
LNG, 14–29–LNG (July 24, 2014) [hereinafter
Supplement].
2 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.
3 Louisiana LNG Energy LLC, DOE/FE Order. No.
3482, FE Docket No. 14–19–LNG, Order Granting
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LLNG requests long-term, multicontract authorization to export two
mtpa of domestically produced LNG in
a volume equivalent to approximately
103.4 Bcf/yr of natural gas (0.28 Bcf/d).
Long-Term Multi-Contract Authorization to Export
Liquefied Natural Gas by Vessel from the Proposed
Louisiana LNG Energy LLC Project in Plaquemines
Parish, Louisiana, to Free Trade Agreement Nations
(Aug. 28, 2014).
4 In its first Supplement, LLNG describes how
construction is anticipated to proceed and identifies
the planned designer and/or manufacturer of the
major facility components. See Supplement at 5–6.
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LLNG requests to export the LNG by
vessel from the proposed Project to any
country that does not have a FTA
requiring national treatment for trade in
natural gas with which trade is not
prohibited by U.S. law or policy. LLNG
requests this authorization for a 25-year
term commencing on the earlier of the
date of first export or 10 years from the
date the requested authorization is
granted.
LLNG requests this authorization on
its own behalf and as agent for other
entities who hold title to the LNG at the
time of export. LLNG states that it
expects to enter into Liquefaction
Tolling Agreements (LTAs) under which
individual customers who hold title to
natural gas will have the right to deliver
that gas to LLNG and receive LNG in
return. According to LLNG, these
contracts will be executed on a date
closer to the date of first export. LLNG
notes that the title holder at the point of
export may be LLNG or one of LLNG’s
customers, or another party that has
purchased LNG from a customer
pursuant to a long-term contract.
LLNG states that it will comply with
all DOE/FE requirements for exports
and agents, including registration
requirements. LLNG further states that,
when acting as agent, it will register
with DOE/FE each LNG title holder for
which LLNG seeks to export LNG as
agent, and will comply with other
registration requirements as set forth in
recent DOE/FE orders.
LLNG seeks authorization to export
natural gas available in the United
States natural gas pipeline system.
Specifically, LLNG anticipates that the
sources of natural gas will include
Texas and Louisiana producing regions
and the offshore gulf producing regions,
but may include natural gas produced
throughout the United States.
LLNG proposes to construct
approximately 2.3 miles of 24-inch
diameter natural gas pipeline.
According to LLNG, the pipeline will
interconnect with the High Point Gas
Transmission interstate pipeline system
located north of the proposed Project.
LLNG states that this pipeline
interconnection will provide LLNG
access to approximately 1.4 Bcf/d of
natural gas supplies from multiple
supply basins, including four major
interstate pipeline systems. LLNG
further states that it will install metering
and any additional compressors on the
Project site.
Public Interest Considerations
LLNG contends that the Application
fully addresses each of the public
interest criteria applied by DOE/FE in
reviewing export applications, and that
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the proposed export is not inconsistent
with the public interest. In support of
the Application, LLNG addresses the
following criteria:
Domestic Need for the Gas. According
to LLNG, DOE/FE has consistently
found that the United States has
sufficient natural gas supplies to
support the proposed exports. LLNG
asserts that, in several recent non-FTA
conditional authorizations, DOE/FE
reviewed three measures of supply as
part of its analysis: (1) U.S. Energy
Information Administration (EIA)
Annual Energy Outlook natural gas
estimates of production, price, and other
domestic industry fundamentals; (2)
proved reserves of natural gas; and (3)
technically recoverable resources. LLNG
maintains that all three measures of
supply confirm that U.S. natural gas
reserves are more than sufficient to meet
long-term demand for both domestic
consumption and the proposed exports.
Therefore, LLNG contends that the
proposed export authorization will not
have a detrimental impact on the
domestic supply of natural gas.
Impact on U.S. Natural Gas Market
Prices. LLNG maintains that the
proposed exports will not have a
significant impact on domestic natural
gas prices. LLNG points to the second
part of the two-part LNG Export Study
commissioned by DOE/FE on the
cumulative economic impacts of LNG
exports.5 The study, conducted by
NERA Economic Consulting (NERA),
assessed the potential macroeconomic
impact of LNG exports. LLNG cites
NERA’s conclusions that: (i) across all
scenarios studied, the United States is
projected to gain net economic benefits
from allowing LNG exports, and (ii)
natural gas prices in the United States
will not rise to the levels observed in
other parts of the world.
LLNG contends that NERA’s
conclusions have been confirmed by
numerous additional publicly available
studies. According to LLNG, these
studies are part of the growing body of
evidence confirming that the export of
domestically produced LNG, such as the
exports requested in the Application,
will have positive economic benefits for
the United States as a whole.
Economic Benefits. LLNG asserts that
exporting natural gas that is not needed
to serve U.S. demand promotes the
President’s pro-export policies,
including the National Export
5 NERA Economic Consulting, Macroeconomic
Impacts of LNG Exports from the United States
(Dec. 5, 2012), available at: https://fossil.energy.gov/
programs/gasregulation/reports/nera_lng_
report.pdf (NERA Study).
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Initiative,6 while improving local,
regional, and national economies
through resource development, an
enhanced tax base, job creation, and
increased overall economic activity.
LLNG emphasizes the jobs that will be
created in Louisiana and the Gulf Coast
related to the construction and
operation of the Project. LLNG also
asserts that that the requested
authorization would positively impact
the U.S. balance of trade.
Benefits to National Energy Security.
LLNG maintains that granting the
requested authorization will spur energy
production and the development of new
resources, thereby enhancing national
energy security. In addition to citing
DOE/FE statements in past export
orders, LLNG cites a study by the James
A. Baker III Institute for Public Policy at
Rice University, which it states
identifies the positive impacts of
increased natural gas production on
energy security.7
Environmental Benefits. LLNG
maintains that LNG exports can have
significant environmental benefits
because natural gas is cleaner burning
than other fossil fuels, such as coal.
According to LLNG, an increased
supply of natural gas made possible
through the export of LNG can help
countries reduce their usage of less
environmentally-friendly fuels.
Based on these factors, LLNG
maintains that the proposed exports are
not inconsistent with the public
interest. Additional details can be found
in LLNG’s Application, posted on the
DOE/FE Web site at: https://energy.gov/
fe/downloads/louisiana-lng-energy-llcfe-dkt-no-14–29-lng.
Environmental Impact
LLNG states that it will file an
application with FERC for authorization
to construct the liquefaction facility.
LLNG asks DOE/FE to issue this
requested authorization conditioned on
FERC’s completion of the NEPA review
and approval of the required
construction. LLNG states that it is
standard practice for FERC to act as the
lead agency for the environmental
review, with DOE acting as a
cooperating agency.
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
6 National Export Initiative, Exec. Order No.
13,534, 75 FR 12,433 (Mar. 11, 2010).
7 Kenneth B. Medlock III, Ph.D., et al., Shale Gas
and U.S. National Energy Security, James A. Baker
III Institute for Public Policy, Rice University (July
2011), available at https://bakerinstitute.org/files/
496/.
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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. 14–29–LNG in the title line;
(2) mailing an original and three paper
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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. 14–29–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.,
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19:14 Sep 25, 2014
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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 September
18, 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. 2014–22886 Filed 9–25–14; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Secretary of Energy Advisory Board;
Notice of Meeting
Department of Energy.
Notice of open meeting.
AGENCY:
ACTION:
This notice announces an
open meeting of the Secretary of Energy
Advisory Board (SEAB) Task Force on
Technology Development for
Environmental Management (EM).
SEAB was reestablished pursuant to the
Federal Advisory Committee Act (Pub.
L. 92–463, 86 Stat. 770) (the Act). This
notice is provided in accordance with
the Act.
DATES: Thursday, October 9, 2014, 8:30
a.m.–1:30 p.m.
ADDRESSES: Department of Energy, 1000
Independence Avenue SW.,
Washington, DC 20585.
FOR FURTHER INFORMATION CONTACT:
Corey Williams-Allen, Deputy
Designated Federal Officer, U.S.
Department of Energy, 1000
Independence Avenue SW.,
Washington, DC20585; email: seab@
hq.doe.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Background: The Board was
established to provide advice and
recommendations to the Secretary on
the Department’s basic and applied
research, economic and national
security policy, educational issues,
operational issues and other activities as
directed by the Secretary. The Task
Force on Technology Development for
EM is charged with assessing the value
of a renewed EM science and
technology development effort and how
such a program would be structured.
Purpose of the Meeting: The meeting
will be an opportunity to hear an
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overview of environmental management
at the Department.
Tentative Agenda: The meeting will
start at 8:30 a.m. on October 9, 2014.
The tentative meeting agenda includes
updates from DOE program offices, the
national academies, and the national
laboratory system, as well as comments
from the public. The meeting will
conclude at 1:30 p.m. Agenda updates
will be posted on the SEAB Web site:
www.energy.gov/seab.
Public Participation: The meeting is
open to the public. Individuals who
would like to attend must RSVP to
Corey Williams-Allen no later than 5:00
p.m. on Tuesday, October 7, 2014 by
email at: seab@hq.doe.gov. Please
provide your name, organization,
citizenship and contact information.
Anyone attending the meeting will be
required to present government-issued
identification. Please note that the
Department of Homeland Security
(DHS) has determined that regular
driver’s licenses (and ID cards) from the
following jurisdictions are not
acceptable: Alaska, American Samoa,
Arizona, Louisiana, Maine,
Massachusetts, Minnesota, New York,
Oklahoma, and Washington. Acceptable
alternate forms of Photo-ID include: U.
S. Passport or Passport Card; Enhanced
Driver’s License or Enhanced ID-Card
issued by the states of Minnesota, New
York or Washington (Enhanced licenses
issued by these states are clearly marked
Enhanced or Enhanced Driver’s
License); Military ID or other
government issued photo-ID card.
Individuals and representatives of
organizations who would like to offer
comments and suggestions may do so at
the end of the meeting on Thursday,
October 9, 2014. Approximately 30
minutes will be reserved for public
comments. Time allotted per speaker
will depend on the number who wish to
speak but will not exceed 3 minutes.
The Deputy Designated Federal Officer
is empowered to conduct the meeting in
a fashion that will facilitate the orderly
conduct of business. Those wishing to
speak should register to do so beginning
at 8:30 a.m. on October 9, 2014.
Those not able to attend the meeting
or have insufficient time to address the
committee are invited to send a written
statement to Corey Williams-Allen, U.S.
Department of Energy, 1000
Independence Avenue SW.,
Washington, DC 20585, or by email to:
seab@hq.doe.gov.
Minutes: Following the meeting, the
minutes of the meeting will be available
on the SEAB Web site: www.energy.gov/
seab.
E:\FR\FM\26SEN1.SGM
26SEN1
Agencies
[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Notices]
[Pages 57896-57899]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22886]
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DEPARTMENT OF ENERGY
[FE Docket No. 14-29-LNG]
Louisiana LNG Energy 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 25-Year Period
AGENCY: Office of Fossil Energy, DOE.
ACTION: Notice of application.
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SUMMARY: The Office of Fossil Energy (FE) of the Department of Energy
(DOE) gives notice of receipt of an application (Application) filed on
February 18, 2014, by Louisiana LNG Energy LLC (LLNG), requesting long-
term, multi-contract authorization to export two million metric tons
per year (mtpa) of liquefied natural gas (LNG) produced from domestic
sources, which LLNG states is equivalent to approximately 103.4 billion
cubic feet per year (Bcf/yr) of natural gas (0.28 Bcf per day (Bcf/d)).
LLNG seeks authorization to export the LNG for a 25-year term from a
proposed LNG liquefaction project to be located near mile marker 46 on
the East Bank of the Mississippi River, down-river from the Port of New
Orleans, in Plaquemines Parish, Louisiana (Project). LLNG requests
authorization to export this 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. LLNG seeks to
export this LNG on its own behalf and as agent for other parties who
hold title to the LNG at the time of export. LLNG requests that this
authorization commence on the earlier of the date of first export or 10
years from the date the authorization is issued. 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, November 25,
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. LLNG is a Texas limited liability company with its
principal place of business in Houston, Texas.
[[Page 57897]]
LLNG is owned and controlled by five equal members who also serve as
officers of the LLC: James H. Lindsay, Ralph Summers, J.Q. Delap,
Steven P. Martin, and Thomas W. Burgess. Each member holds a 20%
ownership interest in LLNG. LLNG states that it intends to transfer a
controlling ownership interest from the five members to ArcLight
Capital Partners, LLC, a Massachusetts-based private equity firm
specializing in the energy sector.
Procedural History. In the Application, LLNG stated that it expects
to file a request with the Federal Energy Regulatory Commission (FERC)
in May 2014 to initiate the pre-filing environmental review process for
the proposed Project. We take administrative notice that LLNG made this
request to FERC on July 11, 2014, and FERC accepted LLNG's pre-filing
request on July 18, 2014, in FERC Docket No. PF14-17-000.
On July 24, 2014, LLNG submitted a supplement to its Application,
in which it provided additional detail on the requested export volume,
corporate structure, and source of the natural gas to be exported.\1\
LLNG also provided a description of the Project's LNG marine
facilities, LNG truck loading facilities, and modular design plan. On
August 28, 2014, LLNG submitted a second supplement to DOE/FE by
electronic mail, clarifying information concerning its access to
natural gas supplies. The additional Project detail provided in both
supplements is incorporated herein.
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\1\ See Louisiana LNG Energy LLC, Supplement to Applications of
Louisiana LNG Energy LLC for Long-Term Authorization to Export
Liquefied Natural Gas to Free Trade Agreement and Non-Free Trade
Agreement Countries, Docket Nos. 14-19-LNG, 14-29-LNG (July 24,
2014) [hereinafter Supplement].
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On August 28, 2014, DOE/FE issued Order No. 3482, in which it
granted LLNG's FTA export application, filed separately on February 5,
2014. In that order, DOE/FE authorized LLNG to export domestically
produced LNG by vessel from the Project 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) \2\ in a volume equivalent to approximately 103.4
Bcf/yr of natural gas for a term of 25 years.\3\ LLNG states that the
LNG export volumes requested for its FTA and non-FTA authorizations,
both equivalent to 103.4 Bcf/yr of natural gas, are not additive.
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\2\ 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.
\3\ Louisiana LNG Energy LLC, DOE/FE Order. No. 3482, FE Docket
No. 14-19-LNG, Order Granting Long-Term Multi-Contract Authorization
to Export Liquefied Natural Gas by Vessel from the Proposed
Louisiana LNG Energy LLC Project in Plaquemines Parish, Louisiana,
to Free Trade Agreement Nations (Aug. 28, 2014).
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Liquefaction Project. LLNG proposes to construct a liquefaction
facility on a 200-acre site near mile market 46 on the East Bank of the
Mississippi River, in Plaquemines Parish, Louisiana. LLNG states that
the proposed site is currently under lease by LLNG with multiple
renewal options extending through May 31, 2091.
LLNG states that the liquefaction facility will consist of four
74,380 thousand cubic feet per day (Mcf/d) liquefaction trains with a
total annual capacity of approximately 100 Bcf (or two mtpa) of LNG.
LLNG further states that the facility will include two amine and
dehydration units, which will be located upstream of the four
liquefaction trains to remove residual moisture, CO2, and
natural gas liquids. These and other facility components, including
storage tanks, heat exchangers, air coolers, and gas turbines, will be
built in a modular fashion and assembled on-site.\4\
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\4\ In its first Supplement, LLNG describes how construction is
anticipated to proceed and identifies the planned designer and/or
manufacturer of the major facility components. See Supplement at 5-
6.
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LLNG states that it plans to construct a marine loading terminal
and LNG truck loading facilities. According to LLNG, the marine loading
terminal will consist of one berth for LNG cargo ships ranging in size
from 130,000 to 175,000 cubic meters (m\3\) cargo capacity, and will
have cryogenic loading arms for the loading of LNG. The LNG storage
tanks will be fitted with pumps to transfer LNG to cargo ships at a
loading rate of 10,000 m\3\ per hour.
LLNG states that the LNG truck loading station will be fenced off
and separate from the main liquefaction facility site. Two truck
loading bays, with weigh stations, will have pumps to transfer LNG from
the LNG storage tanks to the trucks. Flexible cryogenic hoses will
enable the transfer of LNG to each truck at a rate of approximately 400
gallons per minute. LLNG states that hoses will send boil-off gas to a
handling system.
Current Application
LLNG requests long-term, multi-contract authorization to export two
mtpa of domestically produced LNG in a volume equivalent to
approximately 103.4 Bcf/yr of natural gas (0.28 Bcf/d). LLNG requests
to export the LNG by vessel from the proposed Project to any country
that does not have a FTA requiring national treatment for trade in
natural gas with which trade is not prohibited by U.S. law or policy.
LLNG requests this authorization for a 25-year term commencing on the
earlier of the date of first export or 10 years from the date the
requested authorization is granted.
LLNG requests this authorization on its own behalf and as agent for
other entities who hold title to the LNG at the time of export. LLNG
states that it expects to enter into Liquefaction Tolling Agreements
(LTAs) under which individual customers who hold title to natural gas
will have the right to deliver that gas to LLNG and receive LNG in
return. According to LLNG, these contracts will be executed on a date
closer to the date of first export. LLNG notes that the title holder at
the point of export may be LLNG or one of LLNG's customers, or another
party that has purchased LNG from a customer pursuant to a long-term
contract.
LLNG states that it will comply with all DOE/FE requirements for
exports and agents, including registration requirements. LLNG further
states that, when acting as agent, it will register with DOE/FE each
LNG title holder for which LLNG seeks to export LNG as agent, and will
comply with other registration requirements as set forth in recent DOE/
FE orders.
LLNG seeks authorization to export natural gas available in the
United States natural gas pipeline system. Specifically, LLNG
anticipates that the sources of natural gas will include Texas and
Louisiana producing regions and the offshore gulf producing regions,
but may include natural gas produced throughout the United States.
LLNG proposes to construct approximately 2.3 miles of 24-inch
diameter natural gas pipeline. According to LLNG, the pipeline will
interconnect with the High Point Gas Transmission interstate pipeline
system located north of the proposed Project. LLNG states that this
pipeline interconnection will provide LLNG access to approximately 1.4
Bcf/d of natural gas supplies from multiple supply basins, including
four major interstate pipeline systems. LLNG further states that it
will install metering and any additional compressors on the Project
site.
Public Interest Considerations
LLNG contends that the Application fully addresses each of the
public interest criteria applied by DOE/FE in reviewing export
applications, and that
[[Page 57898]]
the proposed export is not inconsistent with the public interest. In
support of the Application, LLNG addresses the following criteria:
Domestic Need for the Gas. According to LLNG, DOE/FE has
consistently found that the United States has sufficient natural gas
supplies to support the proposed exports. LLNG asserts that, in several
recent non-FTA conditional authorizations, DOE/FE reviewed three
measures of supply as part of its analysis: (1) U.S. Energy Information
Administration (EIA) Annual Energy Outlook natural gas estimates of
production, price, and other domestic industry fundamentals; (2) proved
reserves of natural gas; and (3) technically recoverable resources.
LLNG maintains that all three measures of supply confirm that U.S.
natural gas reserves are more than sufficient to meet long-term demand
for both domestic consumption and the proposed exports. Therefore, LLNG
contends that the proposed export authorization will not have a
detrimental impact on the domestic supply of natural gas.
Impact on U.S. Natural Gas Market Prices. LLNG maintains that the
proposed exports will not have a significant impact on domestic natural
gas prices. LLNG points to the second part of the two-part LNG Export
Study commissioned by DOE/FE on the cumulative economic impacts of LNG
exports.\5\ The study, conducted by NERA Economic Consulting (NERA),
assessed the potential macroeconomic impact of LNG exports. LLNG cites
NERA's conclusions that: (i) across all scenarios studied, the United
States is projected to gain net economic benefits from allowing LNG
exports, and (ii) natural gas prices in the United States will not rise
to the levels observed in other parts of the world.
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\5\ NERA Economic Consulting, Macroeconomic Impacts of LNG
Exports from the United States (Dec. 5, 2012), available at: https://
fossil.energy.gov/programs/gasregulation/reports/
neralngreport.pdf (NERA Study).
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LLNG contends that NERA's conclusions have been confirmed by
numerous additional publicly available studies. According to LLNG,
these studies are part of the growing body of evidence confirming that
the export of domestically produced LNG, such as the exports requested
in the Application, will have positive economic benefits for the United
States as a whole.
Economic Benefits. LLNG asserts that exporting natural gas that is
not needed to serve U.S. demand promotes the President's pro-export
policies, including the National Export Initiative,\6\ while improving
local, regional, and national economies through resource development,
an enhanced tax base, job creation, and increased overall economic
activity. LLNG emphasizes the jobs that will be created in Louisiana
and the Gulf Coast related to the construction and operation of the
Project. LLNG also asserts that that the requested authorization would
positively impact the U.S. balance of trade.
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\6\ National Export Initiative, Exec. Order No. 13,534, 75 FR
12,433 (Mar. 11, 2010).
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Benefits to National Energy Security. LLNG maintains that granting
the requested authorization will spur energy production and the
development of new resources, thereby enhancing national energy
security. In addition to citing DOE/FE statements in past export
orders, LLNG cites a study by the James A. Baker III Institute for
Public Policy at Rice University, which it states identifies the
positive impacts of increased natural gas production on energy
security.\7\
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\7\ Kenneth B. Medlock III, Ph.D., et al., Shale Gas and U.S.
National Energy Security, James A. Baker III Institute for Public
Policy, Rice University (July 2011), available at https://bakerinstitute.org/files/496/.
---------------------------------------------------------------------------
Environmental Benefits. LLNG maintains that LNG exports can have
significant environmental benefits because natural gas is cleaner
burning than other fossil fuels, such as coal. According to LLNG, an
increased supply of natural gas made possible through the export of LNG
can help countries reduce their usage of less environmentally-friendly
fuels.
Based on these factors, LLNG maintains that the proposed exports
are not inconsistent with the public interest. Additional details can
be found in LLNG's Application, posted on the DOE/FE Web site at:
https://energy.gov/fe/downloads/louisiana-lng-energy-llc-fe-dkt-no-14-29-lng.
Environmental Impact
LLNG states that it will file an application with FERC for
authorization to construct the liquefaction facility. LLNG asks DOE/FE
to issue this requested authorization conditioned on FERC's completion
of the NEPA review and approval of the required construction. LLNG
states that it is standard practice for FERC to act as the lead agency
for the environmental review, with DOE acting as a cooperating agency.
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. 14-29-LNG
in the title line; (2) mailing an original and three paper
[[Page 57899]]
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. 14-29-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 September 18, 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. 2014-22886 Filed 9-25-14; 8:45 am]
BILLING CODE 6450-01-P