Magnolia LNG, LLC; Application for Long-Term Authorization To Export Liquefied Natural Gas to Non-Free Trade Agreement Countries, 88600-88602 [2023-28236]

Download as PDF 88600 Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Notices Interested persons are invited to submit comments on or before January 22, 2024. ADDRESSES: Written comments and recommendations for proposed information collection requests should be submitted within 30 days of publication of this notice. Click on this link www.reginfo.gov/public/do/ PRAMain to access the site. Find this information collection request (ICR) by selecting ‘‘Department of Education’’ under ‘‘Currently Under Review,’’ then check the ‘‘Only Show ICR for Public Comment’’ checkbox. Reginfo.gov provides two links to view documents related to this information collection request. Information collection forms and instructions may be found by clicking on the ‘‘View Information Collection (IC) List’’ link. Supporting statements and other supporting documentation may be found by clicking on the ‘‘View Supporting Statement and Other Documents’’ link. FOR FURTHER INFORMATION CONTACT: For specific questions related to collection activities, please contact Andrew Brake, 202–453–6136. SUPPLEMENTARY INFORMATION: The Department is especially interested in public comment addressing the following issues: (1) is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records. Title of Collection: Charter Online Management and Performance System (COMPS) CSP Credit Enhancement APR. OMB Control Number: 1810–NEW. Type of Review: A new ICR. Respondents/Affected Public: Private Sector. Total Estimated Number of Annual Responses: 82. Total Estimated Number of Annual Burden Hours: 2,050. Abstract: This request is for a new OMB approval to collect the Annual Performance Report (APR) data from Charter School Programs (CSP) Credit Enhancement for Charter School Facilities Program (CE) grantees. The Charter School Programs was originally authorized under title V, part B, subpart 1, sections 5201 through 5211 ddrumheller on DSK120RN23PROD with NOTICES1 DATES: VerDate Sep<11>2014 18:10 Dec 21, 2023 Jkt 262001 of the Elementary and Secondary Education Act (ESEA) of 1965, as amended by the No Child Left Behind (NCLB) Act of 2001. For fiscal year 2017 and thereafter, ESEA has been amended by the Every Student Succeeds Act (ESSA), (20USC 7221–7221i), which reserves funds to improve education by supporting innovation in public education and to: (2) provide financial assistance for the planning, program design, and initial implementation of charter schools; (3) increase the number of high-quality charter schools available to students across the United States; (4) evaluate the impact of charter schools on student achievement, families, and communities, and share best practices between charter schools and other public schools; (5) encourage States to provide support to charter schools for facilities financing in an amount more nearly commensurate to the amount States typically provide for traditional public schools; (6) expand opportunities for children with disabilities, English learners, and other traditionally underserved students to attend charter schools and meet the challenging State academic standards; (7) support efforts to strengthen the charter school authorizing process to improve performance management, including transparency, oversight and monitoring (including financial audits), and evaluation of such schools; and (8) support quality, accountability, and transparency in the operational performance of all authorized public chartering agencies, including State educational agencies, local educational agencies, and other authorizing entities. Specific to the CE program, grant funds are awarded to demonstrate innovative methods of helping charter schools to address the costs of acquiring, constructing, and renovating facilities by enhancing the availability of loans or bond financing and used by grantees to assist one or more charter schools to access private-sector capital to accomplish one or more of the following objectives: (1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party for the benefit of a charter schools) in improved or unimproved real property that is necessary to commence or continue the operation of a charter schools; (2) The construction of new facilities, or the renovation, repair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school; (3) The predevelopment costs required to assess sites for purposes of paragraph (1) or (2) and that are necessary to commence or PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 continue the operation of a charter school. The U.S. Department of Education (ED) is requesting authorization to collect data from CSP grantees within the CE program with new APR tool. The former APR data collection package for CE grantees was discontinued in March 2023. The CSP made revisions to the questionnaire aimed at reducing grantee burden (e.g., eliminating questions) and collecting more accurate and useful program data (e.g., identifying joint transactions with other CE grantees). To further these aims, CSP is planning to collect the APR data through a webbased system used to collect APR data from other CSP program grantees. Dated: December 19, 2023. Kun Mullan, PRA Coordinator, Strategic Collections and Clearance, Governance and Strategy Division, Office of Chief Data Officer, Office of Planning, Evaluation and Policy Development. [FR Doc. 2023–28259 Filed 12–21–23; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY [Docket No. 23–137–LNG] Magnolia LNG, LLC; Application for Long-Term Authorization To Export Liquefied Natural Gas to Non-Free Trade Agreement Countries Office of Fossil Energy and Carbon Management, Department of Energy. ACTION: Notice of application. AGENCY: The Office of Fossil Energy and Carbon Management (FECM) of the Department of Energy (DOE) gives notice (Notice) of receipt of an application (Application), filed by Magnolia LNG, LLC (Magnolia) on November 29, 2023. Magnolia requests long-term, multi-contract authorization to export domestically produced liquefied natural gas (LNG) in a volume equivalent to approximately 449 billion cubic feet (Bcf) of natural gas per year (Bcf/y), or 1.23 Bcf per day (Bcf/d), from the proposed Magnolia terminal facilities to be constructed and operated near Lake Charles, Louisiana (Magnolia LNG Project). Magnolia filed the Application under the Natural Gas Act (NGA). DATES: Protests, motions to intervene, or notices of intervention, as applicable, and written comments are to be filed as detailed in the Public Comment Procedures section no later than 4:30 p.m., Eastern time, February 20, 2024. ADDRESSES: SUMMARY: E:\FR\FM\22DEN1.SGM 22DEN1 Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Notices Electronic Filing by email (Strongly encouraged): fergas@hq.doe.gov. Postal Mail, Hand Delivery, or Private Delivery Services (e.g., FedEx, UPS, etc.): U.S. Department of Energy (FE– 34), Office of Regulation, Analysis, and Engagement, Office of Fossil Energy and Carbon Management, Forrestal Building, Room 3E–056, 1000 Independence Avenue SW, Washington, DC 20585. Due to potential delays in DOE’s receipt and processing of mail sent through the U.S. Postal Service, we encourage respondents to submit filings electronically to ensure timely receipt. 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– 9793, cassandra.bernstein@ hq.doe.gov Magnolia requests authorization to export domestically produced LNG by oceangoing carrier from the proposed Magnolia LNG Project, to be constructed and located on Industrial Canal South Shore PLC Tract 475, an approximately 115-acre parcel of land in Calcasieu Parish, Louisiana, under a long-term lease with the Lake Charles Harbor & Terminal District. Magnolia states that the proposed LNG Project would include four LNG trains, two LNG storage tanks each with capacity of approximately 160,000 cubic meters, and vessel loading facilities, and would be located in an area zoned for heavy industrial use and consistent with other industrial facilities along the shoreline. Magnolia seeks to export this LNG from the liquefaction project in a volume equivalent to approximately 449 Bcf/yr of natural gas (1.23 Bcf/d) to any country with which the United States does not have a free trade agreement (FTA) requiring national treatment for trade in natural gas and LNG, which has or in the future develops the capacity to import LNG via ocean-going carrier, and with which trade is not prohibited by ddrumheller on DSK120RN23PROD with NOTICES1 SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 18:10 Dec 21, 2023 Jkt 262001 U.S. law or policy (non-FTA countries), pursuant to section 3(a) of the NGA.1 In the Application, Magnolia notes that it had already been authorized in DOE/FE Order No. 3909 2 (later amended by DOE/FECM Order No. 3909–C) to export the same volume of LNG from the proposed Magnolia LNG Project to non-FTA countries. Order No. 3909–C required Magnolia to commence commercial operations at its LNG Project by November 30, 2023. On March 20, 2023,3 and with a subsequent amendment on May 30, 2023,4 Magnolia asked DOE to postpone its commencement deadline. On November 29, 2023—the same day it filed the present Application—Magnolia asked to withdraw its request for a later commencement date, effective immediately.5 Order No. 3909–C then expired on its own terms at the end of November 2023.6 Magnolia remains authorized to export the equivalent volume of LNG to countries with which the U.S. has an FTA requiring national treatment for trade in natural gas (FTA countries), for a term extending through December 31, 2050.7 1 15 U.S.C. 717b(a). 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, DOE/FE Order No. 3909–A (Apr. 2, 2018), amended by DOE/FE Order No. 3909–B (Dec. 10, 2020), further amended by DOE/FECM Order No. 3909–C (Apr. 27, 2022), reh’g denied, DOE/FECM Order No. 3909–D (June 24, 2022). Note that on July 4, 2021, the Office of Fossil Energy (FE) changed its name to the Office of Fossil Energy and Carbon Management. 3 Magnolia LNG, LLC, Docket No. 13–132–LNG, Request of Magnolia LNG, LLC for Limited Extension to Start Date of Term of Authorization (Mar. 20, 2023). 4 Magnolia LNG, LLC, Docket No. 13–132–LNG, Answer of Magnolia LNG, LLC in Opposition to the Motion to Intervene and Protest of Sierra Club, et al. and Supplement to Request to Extend Commencement Deadline (May 30, 2023). 5 Magnolia LNG, LLC, Docket No. 13–132–LNG, Withdrawal of Request for Extension of Commencement of Service Deadline (Nov. 29, 2023). 6 Magnolia LNG, LLC, Docket No. 13–132–LNG, Administrative Notice of Expiration of Non-FTA Authorization (Dec. 8, 2023); see Order No. 3909– C at Ordering Para. D. 7 Magnolia LNG, LLC, Order No. 3245, Docket No. 12–183–LNG, Order Granting Long-Term, MultiContract Authorization to Export Liquefied Natural Gas by Vessel from the Proposed Magnolia LNG Terminal in Lake Charles, Louisiana, to Free Trade Agreement Nations (Feb. 26, 2013); Magnolia LNG, LLC, Order No. 3406, Docket No. 13–131–LNG, Order Granting Long-Term, Multi-Contract Authorization to Export Liquefied Natural Gas by Vessel from the Proposed Magnolia LNG Terminal in Lake Charles, Louisiana, to Free Trade Agreement Nations (Mar. 5, 2014). On December 10, 2020, both orders were amended to extend the effective export term through December 31, 2050. 2 Magnolia PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 88601 Magnolia states that its Application ‘‘requests a new authorization of the same volumes in light of the expiration of the original authorization on November 30, 2023,’’ noting that the Federal Energy Regulatory Commission’s approval of the siting, construction, ownership, and operation of the Magnolia LNG Project remains in effect. Magnolia seeks this authorization on its own behalf and as agent for other entities that hold title to the LNG at the point of export. Magnolia requests the authorization for a term commencing on the earlier of the date of first export or seven (7) years from the date of issuance of the requested authorization, and extending through December 31, 2050. Additional details can be found in the Application, posted on the DOE website at https://www.energy.gov/sites/default/ files/2023-12/ Magnolia%20LNG%20DOE %20NFTA%20Export%20 Authorization%20 Application%20%28Nov.%2029 %202023%29.pdf. DOE Evaluation In reviewing Magnolia’s Application, DOE will consider any issues required by law or policy. DOE will consider domestic need for the natural gas, as well as any other issues determined to be appropriate, including whether the arrangement is consistent with DOE’s policy of promoting competition in the marketplace by allowing commercial parties to freely negotiate their own trade arrangements. As part of this analysis, DOE will consider the study entitled, Macroeconomic Outcomes of Market Determined Levels of U.S. LNG Exports (2018 LNG Export Study),8 and DOE’s response to public comments received on that Study.9 Additionally, DOE will consider the following environmental documents: • Addendum to Environmental Review Documents Concerning Exports of Natural Gas From the United States, 79 FR 48132 (Aug. 15, 2014); 10 • Life Cycle Greenhouse Gas Perspective on Exporting Liquefied 8 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. 9 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). 10 The Addendum and related documents are available at www.energy.gov/fecm/addendumenvironmental-review-documents-concerningexports-natural-gas-united-states. E:\FR\FM\22DEN1.SGM 22DEN1 88602 Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Notices Natural Gas From the United States, 79 FR 32260 (June 4, 2014); 11 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.12 Parties that may oppose this Application should address these issues and documents in their comments and protests, as well as other issues deemed relevant to the Application. The National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., requires DOE to give appropriate consideration to the environmental effects of its proposed decisions. No final decision will be issued in this proceeding until DOE has met its NEPA 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. Interested parties will be provided 60 days from the date of publication of this Notice in which to submit comments, protests, motions to intervene, or notices of intervention. Any person wishing to become a party to this proceeding evaluating Magnolia’s Application must file a motion to intervene or notice of intervention. The filing of comments or a protest with respect to the Application will not serve to make the commenter or protestant a party to 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 Application. 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. Filings may be submitted using one of the following methods: (1) Submitting the filing electronically at fergas@hq.doe.gov; (2) Mailing the filing to the Office of Regulation, Analysis, and Engagement at the address listed in the ADDRESSES section; or (3) Hand delivering the filing to the Office of Regulation, Analysis, and Engagement at the address listed in the ADDRESSES section. For administrative efficiency, DOE prefers filings to be filed electronically. All filings must include a reference to ‘‘Docket No. 23–137–LNG’’ or ‘‘Magnolia LNG, LLC Application’’ in the title line. For electronic submissions: 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 Notice, and any filed protests, motions to intervene, notices of intervention, and comments will be available electronically on the DOE website at www.energy.gov/fecm/ regulation. A decisional record on the Application will be developed through responses to this Notice by parties, including the parties’ written comments and replies thereto. Additional procedures will be used as necessary to achieve a complete understanding of the facts and issues. If an additional procedure is scheduled, notice will be provided to all parties. If no party requests additional procedures, a final Opinion and Order may be issued based on the official record, including the Application and responses filed by parties pursuant to this Notice, in accordance with 10 CFR 590.316. Signed in Washington, DC, on December 18, 2023. Amy Sweeney, Director, Office of Regulation, Analysis, and Engagement, Office of Resource Sustainability. [FR Doc. 2023–28236 Filed 12–21–23; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission ddrumheller on DSK120RN23PROD with NOTICES1 Combined Notice of Filings #1 11 The 2014 Life Cycle Greenhouse Gas Report is available at www.energy.gov/fecm/life-cyclegreenhouse-gas-perspective-exporting-liquefiednatural-gas-united-states. 12 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. VerDate Sep<11>2014 18:10 Dec 21, 2023 Jkt 262001 Take notice that the Commission received the following electric corporate filings: Docket Numbers: EC24–26–000. Applicants: Bayou Cove Peaking Power LLC, Big Cajun I Peaking Power LLC, Cottonwood Energy Company LP, Louisiana Generating LLC, Pelican PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 Power LLC, Big Pelican LLC, Pelican South Central LLC. Description: Joint Application for Authorization Under Section 203 of the Federal Power Act of Bayou Cove Peaking Power LLC, et. al. Filed Date: 12/14/23. Accession Number: 20231214–5267. Comment Date: 5 p.m. ET 1/4/24. Take notice that the Commission received the following exempt wholesale generator filings: Docket Numbers: EG24–57–000. Applicants: Ashtrom Renewable Energy LLC. Description: Ashtrom Renewable Energy LLC submits Notice of SelfCertification of Exempt Wholesale Generator Status. Filed Date: 12/15/23. Accession Number: 20231215–5260. Comment Date: 5 p.m. ET 1/5/24. Docket Numbers: EG24–58–000. Applicants: Castanea Project, LLC. Description: Castanea Project, LLC submits Notice of Self-Certification of Exempt Wholesale Generator Status. Filed Date: 12/18/23. Accession Number: 20231218–5020. Comment Date: 5 p.m. ET 1/8/24. Take notice that the Commission received the following electric rate filings: Docket Numbers: ER10–1119–008; ER10–1123–010. Applicants: Union Electric Company, Central Illinois Public Service Company. Description: Triennial Market Power Analysis for Central Region of Ameren Illinois Company, et. al. Filed Date: 12/15/23. Accession Number: 20231215–5317. Comment Date: 5 p.m. ET 2/13/24. Docket Numbers: ER22–381–009; ER10–1781–005; ER19–2626–007; ER21–714–008; ER22–399–003. Applicants: Meadow Lake Solar Park LLC, Indiana Crossroads Wind Farm LLC, Rosewater Wind Farm LLC, Northern Indiana Public Service Company, Dunns Bridge Solar Center, LLC. Description: Triennial Market Power Analysis for Central Region of Dunns Bridge Solar Center, LLC. Filed Date: 12/15/23. Accession Number: 20231215–5316. Comment Date: 5 p.m. ET 2/13/24. Docket Numbers: ER23–1304–000. Applicants: MFT Energy US 1 LLC. Description: Supplemental of Refund Report of MFT Energy US 1 LLC. Filed Date: 12/18/23. Accession Number: 20231218–5092. Comment Date: 5 p.m. ET 1/8/24. Docket Numbers: ER23–2355–002. E:\FR\FM\22DEN1.SGM 22DEN1

Agencies

[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Pages 88600-88602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28236]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

[Docket No. 23-137-LNG]


Magnolia LNG, LLC; Application for Long-Term Authorization To 
Export Liquefied Natural Gas to Non-Free Trade Agreement Countries

AGENCY: Office of Fossil Energy and Carbon Management, Department of 
Energy.

ACTION: Notice of application.

-----------------------------------------------------------------------

SUMMARY: The Office of Fossil Energy and Carbon Management (FECM) of 
the Department of Energy (DOE) gives notice (Notice) of receipt of an 
application (Application), filed by Magnolia LNG, LLC (Magnolia) on 
November 29, 2023. Magnolia requests long-term, multi-contract 
authorization to export domestically produced liquefied natural gas 
(LNG) in a volume equivalent to approximately 449 billion cubic feet 
(Bcf) of natural gas per year (Bcf/y), or 1.23 Bcf per day (Bcf/d), 
from the proposed Magnolia terminal facilities to be constructed and 
operated near Lake Charles, Louisiana (Magnolia LNG Project). Magnolia 
filed the Application under the Natural Gas Act (NGA).

DATES: Protests, motions to intervene, or notices of intervention, as 
applicable, and written comments are to be filed as detailed in the 
Public Comment Procedures section no later than 4:30 p.m., Eastern 
time, February 20, 2024.

ADDRESSES: 

[[Page 88601]]

    Electronic Filing by email (Strongly encouraged): 
[email protected].
    Postal Mail, Hand Delivery, or Private Delivery Services (e.g., 
FedEx, UPS, etc.): U.S. Department of Energy (FE-34), Office of 
Regulation, Analysis, and Engagement, Office of Fossil Energy and 
Carbon Management, Forrestal Building, Room 3E-056, 1000 Independence 
Avenue SW, Washington, DC 20585.
    Due to potential delays in DOE's receipt and processing of mail 
sent through the U.S. Postal Service, we encourage respondents to 
submit filings electronically to ensure timely receipt.

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: Magnolia requests authorization to export 
domestically produced LNG by ocean-going carrier from the proposed 
Magnolia LNG Project, to be constructed and located on Industrial Canal 
South Shore PLC Tract 475, an approximately 115-acre parcel of land in 
Calcasieu Parish, Louisiana, under a long-term lease with the Lake 
Charles Harbor & Terminal District. Magnolia states that the proposed 
LNG Project would include four LNG trains, two LNG storage tanks each 
with capacity of approximately 160,000 cubic meters, and vessel loading 
facilities, and would be located in an area zoned for heavy industrial 
use and consistent with other industrial facilities along the 
shoreline. Magnolia seeks to export this LNG from the liquefaction 
project in a volume equivalent to approximately 449 Bcf/yr of natural 
gas (1.23 Bcf/d) to any country with which the United States does not 
have a free trade agreement (FTA) requiring national treatment for 
trade in natural gas and LNG, which has or in the future develops the 
capacity to import LNG via ocean-going carrier, and with which trade is 
not prohibited by U.S. law or policy (non-FTA countries), pursuant to 
section 3(a) of the NGA.\1\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 717b(a).
---------------------------------------------------------------------------

    In the Application, Magnolia notes that it had already been 
authorized in DOE/FE Order No. 3909 \2\ (later amended by DOE/FECM 
Order No. 3909-C) to export the same volume of LNG from the proposed 
Magnolia LNG Project to non-FTA countries. Order No. 3909-C required 
Magnolia to commence commercial operations at its LNG Project by 
November 30, 2023. On March 20, 2023,\3\ and with a subsequent 
amendment on May 30, 2023,\4\ Magnolia asked DOE to postpone its 
commencement deadline. On November 29, 2023--the same day it filed the 
present Application--Magnolia asked to withdraw its request for a later 
commencement date, effective immediately.\5\ Order No. 3909-C then 
expired on its own terms at the end of November 2023.\6\
---------------------------------------------------------------------------

    \2\ 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, DOE/FE Order No. 3909-A (Apr. 2, 2018), amended by 
DOE/FE Order No. 3909-B (Dec. 10, 2020), further amended by DOE/FECM 
Order No. 3909-C (Apr. 27, 2022), reh'g denied, DOE/FECM Order No. 
3909-D (June 24, 2022). Note that on July 4, 2021, the Office of 
Fossil Energy (FE) changed its name to the Office of Fossil Energy 
and Carbon Management.
    \3\ Magnolia LNG, LLC, Docket No. 13-132-LNG, Request of 
Magnolia LNG, LLC for Limited Extension to Start Date of Term of 
Authorization (Mar. 20, 2023).
    \4\ Magnolia LNG, LLC, Docket No. 13-132-LNG, Answer of Magnolia 
LNG, LLC in Opposition to the Motion to Intervene and Protest of 
Sierra Club, et al. and Supplement to Request to Extend Commencement 
Deadline (May 30, 2023).
    \5\ Magnolia LNG, LLC, Docket No. 13-132-LNG, Withdrawal of 
Request for Extension of Commencement of Service Deadline (Nov. 29, 
2023).
    \6\ Magnolia LNG, LLC, Docket No. 13-132-LNG, Administrative 
Notice of Expiration of Non-FTA Authorization (Dec. 8, 2023); see 
Order No. 3909-C at Ordering Para. D.
---------------------------------------------------------------------------

    Magnolia remains authorized to export the equivalent volume of LNG 
to countries with which the U.S. has an FTA requiring national 
treatment for trade in natural gas (FTA countries), for a term 
extending through December 31, 2050.\7\
---------------------------------------------------------------------------

    \7\ Magnolia LNG, LLC, Order No. 3245, Docket No. 12-183-LNG, 
Order Granting Long-Term, Multi-Contract Authorization to Export 
Liquefied Natural Gas by Vessel from the Proposed Magnolia LNG 
Terminal in Lake Charles, Louisiana, to Free Trade Agreement Nations 
(Feb. 26, 2013); Magnolia LNG, LLC, Order No. 3406, Docket No. 13-
131-LNG, Order Granting Long-Term, Multi-Contract Authorization to 
Export Liquefied Natural Gas by Vessel from the Proposed Magnolia 
LNG Terminal in Lake Charles, Louisiana, to Free Trade Agreement 
Nations (Mar. 5, 2014). On December 10, 2020, both orders were 
amended to extend the effective export term through December 31, 
2050.
---------------------------------------------------------------------------

    Magnolia states that its Application ``requests a new authorization 
of the same volumes in light of the expiration of the original 
authorization on November 30, 2023,'' noting that the Federal Energy 
Regulatory Commission's approval of the siting, construction, 
ownership, and operation of the Magnolia LNG Project remains in effect.
    Magnolia seeks this authorization on its own behalf and as agent 
for other entities that hold title to the LNG at the point of export. 
Magnolia requests the authorization for a term commencing on the 
earlier of the date of first export or seven (7) years from the date of 
issuance of the requested authorization, and extending through December 
31, 2050.
    Additional details can be found in the Application, posted on the 
DOE website at https://www.energy.gov/sites/default/files/2023-12/Magnolia%20LNG%20DOE%20NFTA%20Export%20Authorization%20Application%20%28Nov.%2029%202023%29.pdf.

DOE Evaluation

    In reviewing Magnolia's Application, DOE will consider any issues 
required by law or policy. DOE will consider domestic need for the 
natural gas, as well as any other issues determined to be appropriate, 
including whether the arrangement is consistent with DOE's policy of 
promoting competition in the marketplace by allowing commercial parties 
to freely negotiate their own trade arrangements. As part of this 
analysis, DOE will consider the study entitled, Macroeconomic Outcomes 
of Market Determined Levels of U.S. LNG Exports (2018 LNG Export 
Study),\8\ and DOE's response to public comments received on that 
Study.\9\
---------------------------------------------------------------------------

    \8\ 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.
    \9\ 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).
---------------------------------------------------------------------------

    Additionally, DOE will consider the following environmental 
documents:
     Addendum to Environmental Review Documents Concerning 
Exports of Natural Gas From the United States, 79 FR 48132 (Aug. 15, 
2014); \10\
---------------------------------------------------------------------------

    \10\ The Addendum and related documents are available at 
www.energy.gov/fecm/addendum-environmental-review-documents-concerning-exports-natural-gas-united-states.
---------------------------------------------------------------------------

     Life Cycle Greenhouse Gas Perspective on Exporting 
Liquefied

[[Page 88602]]

Natural Gas From the United States, 79 FR 32260 (June 4, 2014); \11\ 
and
---------------------------------------------------------------------------

    \11\ 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.
---------------------------------------------------------------------------

     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.\12\
---------------------------------------------------------------------------

    \12\ 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.
---------------------------------------------------------------------------

    Parties that may oppose this Application should address these 
issues and documents in their comments and protests, as well as other 
issues deemed relevant to the Application.
    The National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et 
seq., requires DOE to give appropriate consideration to the 
environmental effects of its proposed decisions. No final decision will 
be issued in this proceeding until DOE has met its NEPA 
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. Interested parties will be provided 60 days from the date 
of publication of this Notice in which to submit comments, protests, 
motions to intervene, or notices of intervention.
    Any person wishing to become a party to this proceeding evaluating 
Magnolia's Application must file a motion to intervene or notice of 
intervention. The filing of comments or a protest with respect to the 
Application will not serve to make the commenter or protestant a party 
to 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 Application. 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.
    Filings may be submitted using one of the following methods:
    (1) Submitting the filing electronically at [email protected];
    (2) Mailing the filing to the Office of Regulation, Analysis, and 
Engagement at the address listed in the ADDRESSES section; or
    (3) Hand delivering the filing to the Office of Regulation, 
Analysis, and Engagement at the address listed in the ADDRESSES 
section.
    For administrative efficiency, DOE prefers filings to be filed 
electronically. All filings must include a reference to ``Docket No. 
23-137-LNG'' or ``Magnolia LNG, LLC Application'' in the title line.
    For electronic submissions: 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 Notice, and any filed protests, motions to intervene, notices 
of intervention, and comments will be available electronically on the 
DOE website at www.energy.gov/fecm/regulation.
    A decisional record on the Application will be developed through 
responses to this Notice by parties, including the parties' written 
comments and replies thereto. Additional procedures will be used as 
necessary to achieve a complete understanding of the facts and issues. 
If an additional procedure is scheduled, notice will be provided to all 
parties. If no party requests additional procedures, a final Opinion 
and Order may be issued based on the official record, including the 
Application and responses filed by parties pursuant to this Notice, in 
accordance with 10 CFR 590.316.

    Signed in Washington, DC, on December 18, 2023.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of 
Resource Sustainability.
[FR Doc. 2023-28236 Filed 12-21-23; 8:45 am]
BILLING CODE 6450-01-P


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.