Magnolia LNG, LLC; Request for Limited Extension to Start Date of Term of Authorization, 23020-23022 [2023-07873]
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Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Notices
Application for Secretarial
Determination
This proposed collection of
information will request information
from applicants seeking to request an
exception pursuant to Section 2(a) of the
prohibition set forth in Section 1 of
Proclamation 10371.
(5) Annual Estimated Number of
Respondents: 10;
(6) Annual Estimated Number of
Total Responses: 20;
(7) Annual Estimated Number of
Burden Hours: 40;
(8) Annual Estimated Reporting and
Recordkeeping Cost Burden: $2580;
Statutory Authority: Proclamation
10371, ‘‘Declaration of National
Emergency and Invocation of
Emergency Authority Relating to the
Regulation of the Anchorage and
Movement of Russian-Affiliated Vessels
to United States Ports’’, April 21, 2022.
Signing Authority
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Signed in Washington, DC, on April 11,
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Department of Energy.
[FR Doc. 2023–07899 Filed 4–13–23; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
[Docket No. 13–132–LNG]
ddrumheller on DSK120RN23PROD with NOTICES1
Magnolia LNG, LLC; Request for
Limited Extension to Start Date of
Term of Authorization
Office of Fossil Energy and
Carbon Management, Department of
Energy.
ACTION: Notice of request.
AGENCY:
The Office of Fossil Energy
and Carbon Management (FECM)
(formerly the Office of Fossil Energy) of
SUMMARY:
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17:45 Apr 13, 2023
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the Department of Energy (DOE) gives
notice (Notice) of receipt of a request
(Request), filed by Magnolia LNG, LLC
(Magnolia) on March 20, 2023. Magnolia
requests an amendment to its existing
authorization to export domestically
produced liquefied natural gas (LNG) to
non-free trade agreement countries set
forth in DOE/FE Order No. 3909, as
amended most recently in DOE/FECM
Order No. 3909–C—specifically, an
extension of its deadline to commence
export operations. Magnolia filed its
request under the Natural Gas Act
(NGA). Protests, motions to intervene,
notices of intervention, and written
comments are invited.
DATES: Protests, motions to intervene, or
notices of intervention, as applicable,
and written comments are to be filed
electronically as detailed in the Public
Comment Procedures section no later
than 4:30 p.m., Eastern time, May 15,
2023.
ADDRESSES:
Electronic Filing by Email
fergas@hq.doe.gov
Although DOE has routinely accepted
public comment submissions through a
variety of mechanisms, including postal
mail and hand delivery/courier, DOE
has found it necessary to make
temporary modifications to the
comment submission process in light of
the ongoing Covid-19 pandemic. DOE is
currently accepting only electronic
submissions at this time. If a commenter
finds that this change poses an undue
hardship, please contact Office of
Resource Sustainability staff at (202)
586–4749 or (202) 586–7893 to discuss
the need for alternative arrangements.
Once the Covid-19 pandemic health
emergency is resolved, DOE anticipates
resuming all of its regular options for
public comment submission, including
postal mail and hand delivery/courier.
FOR FURTHER INFORMATION CONTACT:
Jennifer Wade or Peri Ulrey, U.S.
Department of Energy (FE–34) Office
of Regulation, Analysis, and
Engagement, Office of Resource
Sustainability, Office of Fossil Energy
and Carbon Management, Forrestal
Building, Room 3E–042, 1000
Independence Avenue SW,
Washington, DC 20585, (202) 586–
4749 or (202) 586–7893,
jennifer.wade@hq.doe.gov or
peri.ulrey@hq.doe.gov.
Cassandra Bernstein, U.S. Department of
Energy (GC–76), Office of the
Assistant General Counsel for Energy
Delivery and Resilience, Forrestal
Building, Room 6D–033, 1000
Independence Avenue SW,
Washington, DC 20585, (202) 586–
PO 00000
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9793, cassandra.bernstein@
hq.doe.gov.
SUPPLEMENTARY INFORMATION: Under
DOE/FE Order No. 3909, as amended
most recently in DOE/FECM Order No.
3909–C,1 Magnolia is authorized to
export domestically produced LNG by
vessel from the proposed Magnolia LNG
Project, a natural gas liquefaction and
LNG export terminal to be located near
Lake Charles, Calcasieu Parish,
Louisiana, to any country with which
the United States has not entered into 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 (nonFTA countries).2 Magnolia is authorized
to export this LNG in a volume
equivalent to 449 billion cubic feet per
year (Bcf/yr) of natural gas for a term
extending through December 31, 2050.3
As relevant here, Order No. 3909–C
requires Magnolia to ‘‘commence export
operations using the planned
liquefaction facilities no later than
seven years from the date of issuance of
Order No. 3909 (i.e., by November 30,
2023).’’ 4 In the Request, Magnolia asks
DOE to extend this commencement
deadline from November 30, 2023, to
April 15, 2026—an extension of
approximately 29 months.5
In support of this Request, Magnolia
states that, on October 7, 2020, FERC
issued an order granting Magnolia’s
request for a five-year extension of
time—from April 15, 2021, to April 15,
2026—to complete construction of the
Magnolia LNG Project and to make it
available for service (FERC Extension
Order).6 Magnolia states that its
1 Magnolia LNG, LLC, DOE/FE Order No. 3909,
Docket No. 13–132–LNG, Opinion and Order
Granting Long-Term, Multi-Contract Authorization
to Export Liquefied Natural Gas by Vessel from the
Proposed Magnolia LNG Terminal to be
Constructed in Lake Charles, Louisiana, to Non-Free
Trade Agreement Nations (Nov. 30, 2016), reh’g
denied, Order No. 3909–A (Apr. 2, 2018), amended
by Order No. 3909–B (Dec. 10, 2020) (extending
export term), further amended by Order No. 3909–
C (Apr. 27, 2022) (increasing export volume), reh’g
denied, Order No. 3909–D (June 24, 2022). On
August 22, 2022, Sierra Club filed a petition for
review of DOE/FECM Order Nos. 3909–C and 3909–
D in the United States Court of Appeals for the
District of Columbia Circuit. That case is ongoing.
See Sierra Club v. U.S. Dep’t of Energy, No. 22–
1217, Order (D.C. Cir. Feb. 28, 2023).
2 15 U.S.C. 717b(a).
3 See supra note 1 (Order Nos. 3909–B and 3909–
C).
4 Magnolia LNG, LLC, DOE/FE Order No. 3909–
C, at 68 (Ordering Para. D) (citing Magnolia LNG,
LLC, DOE/FE Order No. 3909, at 161 (Term and
Condition B), 168 (Ordering Para. D)).
5 Magnolia LNG, LLC, Request for Limited
Extension to Start Date of Term Authorization,
Docket No. 13–132–LNG, 1, 5 (Mar. 20, 2023)
[hereinafter Request].
6 Id. at 4 (citing Magnolia LNG, LLC, FERC Staff
Letter Order, Request for Extension of Time (Oct.
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Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Notices
Request, if granted, would ‘‘align its
commencement of [export] deadline
under Order No. 3909 (as amended)
with its completion of construction
deadline under its FERC Authorization,
as amended by the FERC Extension of
Time Order.’’ 7 According to Magnolia,
this alignment of DOE and FERC
deadlines would ‘‘ensure the terms of its
non-FTA authorization accommodates
its current construction schedule and its
non-FTA authorization remains valid
during construction.’’ 8 Magnolia further
states that it is not seeking to modify
any aspect of Order No. 3909, as
amended, beyond extending the existing
export commencement deadline to April
15, 2026.9
Magnolia asserts that good cause
exists to grant the requested extension
to its export commencement deadline.
Magnolia identifies the actions it has
taken to date to develop the Magnolia
LNG Project, the ‘‘unforeseeable
developments in the global LNG
market’’ that have affected Magnolia
(and its former parent company,
Glenfarne Group, LLC), and its intention
to execute commercial agreements
sufficient to support a positive final
investment decision for the Magnolia
LNG Project within the requested
timeframe.10
Magnolia adds that, because it is not
proposing any change to the approved
design, operation, or export capacity of
the Magnolia LNG Project, DOE’s public
interest analyses under NGA section
3(a) 11 set forth in Order Nos. 3909 and
3909–C ‘‘need not be revisited by [DOE]
in granting the Request.’’ 12
Additional details can be found in the
Request, posted on the DOE website at:
www.energy.gov/sites/default/files/
2023-03/Magnolia%20LNG
%20LLC%20Request%20for
%20Extension%20of
%20NFTA%20Commencement
%20of%20Service%20Deadline.pdf.
DOE Evaluation
ddrumheller on DSK120RN23PROD with NOTICES1
In reviewing Magnolia’s Request, DOE
will consider any issues required by law
or policy under NGA section 3(a). To
the extent appropriate, DOE will
consider the study entitled,
Macroeconomic Outcomes of Market
Determined Levels of U.S. LNG Exports
7, 2020)). The FERC Extension Order is available at
https://elibrary.ferc.gov/eLibrary/filelist?accession_
number=20201007-3041.
7 Id. at 7.
8 Id. at 5.
9 Id. at 8; see also id. at 5.
10 Id. at 7.
11 15 U.S.C. 717b(a).
12 Request at 8.
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(2018 LNG Export Study),13 DOE’s
response to public comments received
on that Study,14 and the following
environmental documents:
• Addendum to Environmental
Review Documents Concerning Exports
of Natural Gas From the United States,
79 FR 48132 (Aug. 15, 2014); 15
• Life Cycle Greenhouse Gas
Perspective on Exporting Liquefied
Natural Gas From the United States, 79
FR 32260 (June 4, 2014); 16 and
• Life Cycle Greenhouse Gas
Perspective on Exporting Liquefied
Natural Gas From the United States:
2019 Update, 84 FR 49278 (Sept. 19,
2019), and DOE’s response to public
comments received on that study.17
Parties that may oppose the Request
should address these issues and
documents in their comments and/or
protests, as well as other issues deemed
relevant to the Request.
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, addressing
the Request. Interested parties will be
provided 30 days from the date of
publication of this Notice in which to
submit comments, protests, motions to
intervene, or notices of intervention.
The public previously was given an
opportunity to intervene in, protest, and
comment on Magnolia’s prior non-FTA
applications in Docket No. 13–132–
13 See NERA Economic Consulting,
Macroeconomic Outcomes of Market Determined
Levels of U.S. LNG Exports (June 7, 2018),
www.energy.gov/sites/prod/files/2018/06/f52/
Macroeconomic%20LNG%20Export
%20Study%202018.pdf.
14 U.S. Dep’t of Energy, Study on Macroeconomic
Outcomes of LNG Exports: Response to Comments
Received on Study; Notice of Response to
Comments, 83 FR 67251 (Dec. 28, 2018),
www.govinfo.gov/content/pkg/FR-2018-12-28/pdf/
2018-28238.pdf.
15 The Addendum and related documents are
available at www.energy.gov/fecm/addendumenvironmental-review-documents-concerningexports-natural-gas-united-states.
16 The 2014 Life Cycle Greenhouse Gas Report is
available at www.energy.gov/fecm/life-cyclegreenhouse-gas-perspective-exporting-liquefiednatural-gas-united-states.
17 U.S. Dep’t of Energy, Life Cycle Greenhouse
Gas Perspective on Exporting Liquefied Natural Gas
from the United States: 2019 Update—Response to
Comments, 85 FR 72 (Jan. 2, 2020). The 2019
Update and related documents are available at
https://fossil.energy.gov/app/docketindex/docket/
index/21.
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LNG.18 Therefore, DOE will not
consider comments or protests that do
not bear directly on this Request.
Any person wishing to become a party
to this proceeding evaluating Magnolia’s
Request must file a motion to intervene
or notice of intervention.19 The filing of
comments or a protest with respect to
the Request will not serve to make the
commenter or protestant a party to this
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 Request. All protests,
comments, motions to intervene, or
notices of intervention must meet the
requirements specified by the
regulations in 10 CFR part 590,
including the service requirements.
As noted, DOE is only accepting
electronic submissions at this time.
Please email the filing to fergas@
hq.doe.gov. All filings must include a
reference to ‘‘Docket No. 13–132–LNG’’
or ‘‘Magnolia LNG, LLC Request for
Limited Extension’’ in the title line.
Please Note: 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.
The Request and any filed protests,
motions to intervene, notices of
intervention, and comments will also be
available electronically by going to the
following DOE Web address:
www.energy.gov/fecm/regulation.
A decisional record on the Request
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 Order may be issued based on the
official record, including the Request
and responses filed by parties pursuant
to this Notice, in accordance with 10
CFR 590.316.
18 See
supra note 1.
as an intervenor in prior proceeding(s)
in this docket does not continue to this proceeding
evaluating Magnolia’s Request, and therefore any
person interested in intervening must file a new
motion to intervene (or notice of intervention, as
applicable). 10 CFR 590.303.
19 Status
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23022
Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Notices
Signed in Washington, DC, on April 10,
2023.
Amy Sweeney,
Director, Office of Regulation, Analysis, and
Engagement, Office of Resource
Sustainability.
[FR Doc. 2023–07873 Filed 4–13–23; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Agency Information Collection
Extension
U.S. Department of Energy.
Notice of request for comments.
AGENCY:
ACTION:
The Department of Energy
(DOE) invites public comment on a
proposed collection of information that
DOE is developing for submission to the
Office of Management and Budget
(OMB) pursuant to the Paperwork
Reduction Act of 1995.
DATES: Comments regarding this
proposed information collection must
be received on or before May 15, 2023.
If you anticipate that you will be
submitting comments but find it
difficult to do so within the period of
time allowed by this notice, please
advise the DOE Desk Officer at OMB of
your intention to make a submission as
soon as possible. The Desk Officer may
be telephoned at (202) 395–4718.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function.
FOR FURTHER INFORMATION CONTACT:
Michael Reim, michael.reim@
nuclear.energy.gov, (202) 748–3383.
SUPPLEMENTARY INFORMATION: Comments
are invited on: (a) Whether the extended
collection of information is necessary
for the proper performance of the
SUMMARY:
functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
This information collection request
contains:
(1) OMB No.: 1910–NEW;
(2) Information Collection Request
Titled: Survey of High-Assay, LowEnriched Uranium (HALEU) Needs for
Civilian Domestic Research,
Development, Demonstration, and
Commercial Use.;
(3) Type of Review: New;
(4) Purpose: The purpose of this
survey is to inform the planning and
development of a Department of Energy
(DOE) HALEU Availability Program.
Section 2001 of The Energy Act of 2020
(Pub. L. 116–260, Dec. 27, 2020)
authorizes the Secretary to establish and
carry out, through the Office of Nuclear
Energy (NE), a program to support the
availability of HALEU for civilian
domestic research and development,
demonstration, and commercial use.
The Act authorizes multiple actions to
facilitate the development of a
commercial HALEU supply chain
including a biennial survey of
stakeholders to estimate the quantity of
HALEU necessary for domestic
commercial use, establishing a
consortium of fuel cycle entities to
partner with DOE in making HALEU
available, and to provide HALEU to
consortium members during
development of commercial domestic
sources. NE is developing plans to
establish the HALEU Availability
Program to implement these and other
directed actions, including those related
to HALEU fuel fabrication, enrichment,
and transportation.
(5) Annual Estimated Number of
Respondents: 25;
(6) Annual Estimated Number of
Total Responses: 25;
(7) Annual Estimated Number of
Burden Hours: 200;
(8) Annual Estimated Reporting and
Recordkeeping Cost Burden: $13,376.
HALEU is defined as uranium
enriched between 5 and 20 percent
uranium-235, and HALEU enriched
between 10–20 percent will be required
by several advanced reactor designs
currently under development. Multiple
stakeholders will require HALEU for
commercial and research purposes in
the coming years, including advanced
reactor designers, traditional nuclear
fuel and nuclear reactor vendors,
Advanced Reactor Demonstration
Program awardees, and other companies
and organizations engaged in nuclear
research and development.
For stakeholders that plan to utilize
HALEU enriched between 5 and 20
percent, please provide the following
information:
(1) A short summary of the
stakeholder’s planned commercial and
research needs for HALEU including:
a. The type of reactor system or
facilities that would use the fuel,
b. Projections regarding the number of
reactors or facilities, and
c. Current status and future plans for
licensing and regulatory milestones,
d. Plans for U.S. and international
deployment.
(2) The number of metric tons of
uranium required per year (MTU/yr)
where the year listed is the delivery date
of HALEU required for fuel fabrication
or fuel qualification experiments.
(3) The specific enrichment
percentage or range of enrichment
percentages required between 5 and 20
percent.
(4) The chemical and physical form of
HALEU required (metal, oxide, etc.).
TABLE 1—HALEU NEEDS BY YEAR
2023
2024
2025
2026
2027
2028–2032
2033–2037
ddrumheller on DSK120RN23PROD with NOTICES1
MTU/yr.
Specific enrichment % or range of enrichment required between 5–20%.
(5) For small quantity requests of
HALEU of 50 kgU or less please
provide:
a. An individual point of contact for
resolving questions related to the
VerDate Sep<11>2014
17:45 Apr 13, 2023
Jkt 259001
request (name, organization, title, email
address, phone number).
b. Quantity requested (in kilograms),
enrichment level, and form (e.g., UF6,
metal, oxide, other).
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c. Desired delivery date(s) for HALEU.
Provide multiple dates and quantities if
that would be the case to support
multiple experiments over time.
d. How will the HALEU be used?
Briefly describe the fuel form,
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]]>Agencies
[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Notices]
[Pages 23020-23022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07873]
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DEPARTMENT OF ENERGY
[Docket No. 13-132-LNG]
Magnolia LNG, LLC; Request for Limited Extension to Start Date of
Term of Authorization
AGENCY: Office of Fossil Energy and Carbon Management, Department of
Energy.
ACTION: Notice of request.
-----------------------------------------------------------------------
SUMMARY: The Office of Fossil Energy and Carbon Management (FECM)
(formerly the Office of Fossil Energy) of the Department of Energy
(DOE) gives notice (Notice) of receipt of a request (Request), filed by
Magnolia LNG, LLC (Magnolia) on March 20, 2023. Magnolia requests an
amendment to its existing authorization to export domestically produced
liquefied natural gas (LNG) to non-free trade agreement countries set
forth in DOE/FE Order No. 3909, as amended most recently in DOE/FECM
Order No. 3909-C--specifically, an extension of its deadline to
commence export operations. Magnolia filed its request under the
Natural Gas Act (NGA). Protests, motions to intervene, notices of
intervention, and written comments are invited.
DATES: Protests, motions to intervene, or notices of intervention, as
applicable, and written comments are to be filed electronically as
detailed in the Public Comment Procedures section no later than 4:30
p.m., Eastern time, May 15, 2023.
ADDRESSES:
Electronic Filing by Email
[email protected]
Although DOE has routinely accepted public comment submissions
through a variety of mechanisms, including postal mail and hand
delivery/courier, DOE has found it necessary to make temporary
modifications to the comment submission process in light of the ongoing
Covid-19 pandemic. DOE is currently accepting only electronic
submissions at this time. If a commenter finds that this change poses
an undue hardship, please contact Office of Resource Sustainability
staff at (202) 586-4749 or (202) 586-7893 to discuss the need for
alternative arrangements. Once the Covid-19 pandemic health emergency
is resolved, DOE anticipates resuming all of its regular options for
public comment submission, including postal mail and hand delivery/
courier.
FOR FURTHER INFORMATION CONTACT:
Jennifer Wade or Peri Ulrey, U.S. Department of Energy (FE-34) Office
of Regulation, Analysis, and Engagement, Office of Resource
Sustainability, Office of Fossil Energy and Carbon Management,
Forrestal Building, Room 3E-042, 1000 Independence Avenue SW,
Washington, DC 20585, (202) 586-4749 or (202) 586-7893,
[email protected] or [email protected].
Cassandra Bernstein, U.S. Department of Energy (GC-76), Office of the
Assistant General Counsel for Energy Delivery and Resilience, Forrestal
Building, Room 6D-033, 1000 Independence Avenue SW, Washington, DC
20585, (202) 586-9793, [email protected].
SUPPLEMENTARY INFORMATION: Under DOE/FE Order No. 3909, as amended most
recently in DOE/FECM Order No. 3909-C,\1\ Magnolia is authorized to
export domestically produced LNG by vessel from the proposed Magnolia
LNG Project, a natural gas liquefaction and LNG export terminal to be
located near Lake Charles, Calcasieu Parish, Louisiana, to any country
with which the United States has not entered into 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\ Magnolia is authorized to export this LNG in a volume
equivalent to 449 billion cubic feet per year (Bcf/yr) of natural gas
for a term extending through December 31, 2050.\3\
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\1\ Magnolia LNG, LLC, DOE/FE Order No. 3909, Docket No. 13-132-
LNG, Opinion and Order Granting Long-Term, Multi-Contract
Authorization to Export Liquefied Natural Gas by Vessel from the
Proposed Magnolia LNG Terminal to be Constructed in Lake Charles,
Louisiana, to Non-Free Trade Agreement Nations (Nov. 30, 2016),
reh'g denied, Order No. 3909-A (Apr. 2, 2018), amended by Order No.
3909-B (Dec. 10, 2020) (extending export term), further amended by
Order No. 3909-C (Apr. 27, 2022) (increasing export volume), reh'g
denied, Order No. 3909-D (June 24, 2022). On August 22, 2022, Sierra
Club filed a petition for review of DOE/FECM Order Nos. 3909-C and
3909-D in the United States Court of Appeals for the District of
Columbia Circuit. That case is ongoing. See Sierra Club v. U.S.
Dep't of Energy, No. 22-1217, Order (D.C. Cir. Feb. 28, 2023).
\2\ 15 U.S.C. 717b(a).
\3\ See supra note 1 (Order Nos. 3909-B and 3909-C).
---------------------------------------------------------------------------
As relevant here, Order No. 3909-C requires Magnolia to ``commence
export operations using the planned liquefaction facilities no later
than seven years from the date of issuance of Order No. 3909 (i.e., by
November 30, 2023).'' \4\ In the Request, Magnolia asks DOE to extend
this commencement deadline from November 30, 2023, to April 15, 2026--
an extension of approximately 29 months.\5\
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\4\ Magnolia LNG, LLC, DOE/FE Order No. 3909-C, at 68 (Ordering
Para. D) (citing Magnolia LNG, LLC, DOE/FE Order No. 3909, at 161
(Term and Condition B), 168 (Ordering Para. D)).
\5\ Magnolia LNG, LLC, Request for Limited Extension to Start
Date of Term Authorization, Docket No. 13-132-LNG, 1, 5 (Mar. 20,
2023) [hereinafter Request].
---------------------------------------------------------------------------
In support of this Request, Magnolia states that, on October 7,
2020, FERC issued an order granting Magnolia's request for a five-year
extension of time--from April 15, 2021, to April 15, 2026--to complete
construction of the Magnolia LNG Project and to make it available for
service (FERC Extension Order).\6\ Magnolia states that its
[[Page 23021]]
Request, if granted, would ``align its commencement of [export]
deadline under Order No. 3909 (as amended) with its completion of
construction deadline under its FERC Authorization, as amended by the
FERC Extension of Time Order.'' \7\ According to Magnolia, this
alignment of DOE and FERC deadlines would ``ensure the terms of its
non-FTA authorization accommodates its current construction schedule
and its non-FTA authorization remains valid during construction.'' \8\
Magnolia further states that it is not seeking to modify any aspect of
Order No. 3909, as amended, beyond extending the existing export
commencement deadline to April 15, 2026.\9\
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\6\ Id. at 4 (citing Magnolia LNG, LLC, FERC Staff Letter Order,
Request for Extension of Time (Oct. 7, 2020)). The FERC Extension
Order is available at https://elibrary.ferc.gov/eLibrary/filelist?accession_number=20201007-3041.
\7\ Id. at 7.
\8\ Id. at 5.
\9\ Id. at 8; see also id. at 5.
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Magnolia asserts that good cause exists to grant the requested
extension to its export commencement deadline. Magnolia identifies the
actions it has taken to date to develop the Magnolia LNG Project, the
``unforeseeable developments in the global LNG market'' that have
affected Magnolia (and its former parent company, Glenfarne Group,
LLC), and its intention to execute commercial agreements sufficient to
support a positive final investment decision for the Magnolia LNG
Project within the requested timeframe.\10\
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\10\ Id. at 7.
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Magnolia adds that, because it is not proposing any change to the
approved design, operation, or export capacity of the Magnolia LNG
Project, DOE's public interest analyses under NGA section 3(a) \11\ set
forth in Order Nos. 3909 and 3909-C ``need not be revisited by [DOE] in
granting the Request.'' \12\
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\11\ 15 U.S.C. 717b(a).
\12\ Request at 8.
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Additional details can be found in the Request, posted on the DOE
website at: www.energy.gov/sites/default/files/2023-03/Magnolia%20LNG%20LLC%20Request%20for%20Extension%20of%20NFTA%20Commencement%20of%20Service%20Deadline.pdf.
DOE Evaluation
In reviewing Magnolia's Request, DOE will consider any issues
required by law or policy under NGA section 3(a). To the extent
appropriate, DOE will consider the study entitled, Macroeconomic
Outcomes of Market Determined Levels of U.S. LNG Exports (2018 LNG
Export Study),\13\ DOE's response to public comments received on that
Study,\14\ and the following environmental documents:
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\13\ See NERA Economic Consulting, Macroeconomic Outcomes of
Market Determined Levels of U.S. LNG Exports (June 7, 2018),
www.energy.gov/sites/prod/files/2018/06/f52/Macroeconomic%20LNG%20Export%20Study%202018.pdf.
\14\ U.S. Dep't of Energy, Study on Macroeconomic Outcomes of
LNG Exports: Response to Comments Received on Study; Notice of
Response to Comments, 83 FR 67251 (Dec. 28, 2018), www.govinfo.gov/content/pkg/FR-2018-12-28/pdf/2018-28238.pdf.
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Addendum to Environmental Review Documents Concerning
Exports of Natural Gas From the United States, 79 FR 48132 (Aug. 15,
2014); \15\
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\15\ The Addendum and related documents are available at
www.energy.gov/fecm/addendum-environmental-review-documents-concerning-exports-natural-gas-united-states.
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Life Cycle Greenhouse Gas Perspective on Exporting
Liquefied Natural Gas From the United States, 79 FR 32260 (June 4,
2014); \16\ and
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\16\ The 2014 Life Cycle Greenhouse Gas Report is available at
www.energy.gov/fecm/life-cycle-greenhouse-gas-perspective-exporting-liquefied-natural-gas-united-states.
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Life Cycle Greenhouse Gas Perspective on Exporting
Liquefied Natural Gas From the United States: 2019 Update, 84 FR 49278
(Sept. 19, 2019), and DOE's response to public comments received on
that study.\17\
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\17\ U.S. Dep't of Energy, Life Cycle Greenhouse Gas Perspective
on Exporting Liquefied Natural Gas from the United States: 2019
Update--Response to Comments, 85 FR 72 (Jan. 2, 2020). The 2019
Update and related documents are available at https://fossil.energy.gov/app/docketindex/docket/index/21.
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Parties that may oppose the Request should address these issues and
documents in their comments and/or protests, as well as other issues
deemed relevant to the Request.
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, addressing the Request. Interested parties will be provided
30 days from the date of publication of this Notice in which to submit
comments, protests, motions to intervene, or notices of intervention.
The public previously was given an opportunity to intervene in,
protest, and comment on Magnolia's prior non-FTA applications in Docket
No. 13-132-LNG.\18\ Therefore, DOE will not consider comments or
protests that do not bear directly on this Request.
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\18\ See supra note 1.
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Any person wishing to become a party to this proceeding evaluating
Magnolia's Request must file a motion to intervene or notice of
intervention.\19\ The filing of comments or a protest with respect to
the Request will not serve to make the commenter or protestant a party
to this 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 Request. All protests, comments,
motions to intervene, or notices of intervention must meet the
requirements specified by the regulations in 10 CFR part 590, including
the service requirements.
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\19\ Status as an intervenor in prior proceeding(s) in this
docket does not continue to this proceeding evaluating Magnolia's
Request, and therefore any person interested in intervening must
file a new motion to intervene (or notice of intervention, as
applicable). 10 CFR 590.303.
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As noted, DOE is only accepting electronic submissions at this
time. Please email the filing to [email protected]. All filings must
include a reference to ``Docket No. 13-132-LNG'' or ``Magnolia LNG, LLC
Request for Limited Extension'' in the title line.
Please Note: 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.
The Request and any filed protests, motions to intervene, notices
of intervention, and comments will also be available electronically by
going to the following DOE Web address: www.energy.gov/fecm/regulation.
A decisional record on the Request 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 Order may
be issued based on the official record, including the Request and
responses filed by parties pursuant to this Notice, in accordance with
10 CFR 590.316.
[[Page 23022]]
Signed in Washington, DC, on April 10, 2023.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of
Resource Sustainability.
[FR Doc. 2023-07873 Filed 4-13-23; 8:45 am]
BILLING CODE 6450-01-P
