Magnolia LNG, LLC; Application for Long-Term Authorization To Export Liquefied Natural Gas to Non-Free Trade Agreement Countries, 88600-88602 [2023-28236]
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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
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under ‘‘Currently Under Review,’’ then
check the ‘‘Only Show ICR for Public
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request. Information collection forms
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clicking on the ‘‘View Information
Collection (IC) List’’ link. Supporting
statements and other supporting
documentation may be found by
clicking on the ‘‘View Supporting
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FOR FURTHER INFORMATION CONTACT: For
specific questions related to collection
activities, please contact Andrew Brake,
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SUPPLEMENTARY INFORMATION: The
Department is especially interested in
public comment addressing the
following issues: (1) is this collection
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(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
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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
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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:
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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
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SUPPLEMENTARY INFORMATION:
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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
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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.
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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.
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18:10 Dec 21, 2023
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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
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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.
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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]
=======================================================================
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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.
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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\
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\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.
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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\
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\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).
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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\
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\10\ 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
[[Page 88602]]
Natural Gas From the United States, 79 FR 32260 (June 4, 2014); \11\
and
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\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.
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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.\12\
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\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.
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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