Golden Pass LNG Terminal LLC; Request for Extension of Commencement Deadline, 78852-78854 [2024-22053]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 78852 Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Notices Please include the docket ID number and the title of the information collection request when requesting documents or submitting comments. Please note that comments submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Manager of the Strategic Collections and Clearance Governance and Strategy Division, U.S. Department of Education, 400 Maryland Ave. SW, LBJ, Room 4C210, Washington, DC 20202–1200. FOR FURTHER INFORMATION CONTACT: For specific questions related to collection activities, please contact Beth Grebeldinger, 202–570–8414. SUPPLEMENTARY INFORMATION: The Department, in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public’s reporting burden. It also helps the public understand the Department’s information collection requirements and provide the requested data in the desired format. The Department is soliciting comments on the proposed information collection request (ICR) that is described below. 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: Multi-purpose Financial Information Statement. OMB Control Number: 1845–NEW. Type of Review: A new ICR. Respondents/Affected Public: Individuals and Households. Total Estimated Number of Annual Responses: 415,542. Total Estimated Number of Annual Burden Hours: 261,791. Abstract: This is a request for a new collection. The information collected through this new form will support both involuntary collection and voluntary VerDate Sep<11>2014 17:11 Sep 25, 2024 Jkt 262001 resolution of defaulted Federal student loans in the following categories: Involuntary collection where the Department of Education (ED) and guaranty agencies utilize two methods to involuntarily collect defaulted student loans: the Treasury Offset Program (TOP) and Administrative Wage Garnishment (AWG). And voluntary resolution: defaulted borrowers can resolve their loan balance by making voluntary payments or through the loan rehabilitation program authorized by the Higher Education Act of 1965, as amended, and described in regulations at 34 CFR 682.405(b)(1)(iii) and 34 CFR 685.211(f). ED will use the new form in place of the existing Loan Rehabilitation: Income and Expense Information form (OMB No. 1845–0120) and will allow schools and guaranty agencies to use the new form for the same purposes for which ED will use it. Note that guaranty agencies may continue to use the current form in lieu of the new form if they choose. Dated: September 23, 2024. 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. 2024–22109 Filed 9–25–24; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY [Docket No. 12–156–LNG] Golden Pass LNG Terminal LLC; Request for Extension of Commencement Deadline Office of Fossil Energy and Carbon Management, Department of Energy. ACTION: Notice of request. AGENCY: The Office of Fossil Energy and Carbon Management (FECM) of the Department of Energy (DOE), formerly the Office of Fossil Energy (FE), gives notice (Notice) of receipt of a request (Request) filed by Golden Pass LNG Terminal LLC (GPLNG or Golden Pass LNG) on August 28, 2024. GPLNG requests an extension of the deadline in its current authorization to export domestically produced liquefied natural gas (LNG) to non-free trade agreement countries, set forth in DOE/FE Order No. 3978, as amended, to allow GPLNG to commence commercial export operations from the proposed GPLNG Export Terminal by March 31, 2027. This modification would extend GPLNG’s existing commencement SUMMARY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 deadline by eighteen months. GPLNG filed the Request under the Natural Gas Act (NGA) and pursuant to DOE’s Policy Statement on Export Commencement Deadlines in Authorizations to Export Natural Gas to Non-Free Trade Agreement Countries (Commencement Extension Policy). Protests, motions to intervene, notices of intervention, and written comments are invited. DATES: Protests, motions to intervene, or notices of intervention, as applicable, requests for additional procedures, and written comments are to be filed as detailed in the Public Comment Procedures section no later than 4:30 p.m., Eastern time, October 28, 2024. ADDRESSES: 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, (240) 780– 1691, cassandra.bernstein@ hq.doe.gov SUPPLEMENTARY INFORMATION: Background On April 25, 2017, in DOE/FE Order No. 3978 (as amended),1 DOE 1 Golden Pass LNG Terminal LLC, DOE/FE Order No. 3978, Docket No. 12–156–LNG (Apr. 25, 2017), reh’g denied, DOE/FE Order No. 3978–A (Mar. 30, 2018), amended by DOE/FE Order No. 3978–B (Mar. 4, 2020) (transferring authorization from Golden Pass Products LLC to Golden Pass LNG Terminal LLC), further amended by DOE/FE Order No. 3978– C (Mar. 24, 2020) (extending export commencement E:\FR\FM\26SEN1.SGM 26SEN1 Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Notices authorized GPLNG to export domestically produced LNG by vessel from the proposed GPLNG Export Terminal 2 in Sabine Pass, Texas, to any country with which the United States does not have a free trade agreement (FTA) requiring national treatment for trade in natural gas, which currently has or in the future develops the capacity to import LNG, and with which trade is not prohibited by U.S. law or policy (non-FTA countries).3 GPLNG is authorized to export this LNG in a volume equivalent to 937 billion cubic feet per year of natural gas for a term extending through December 31, 2050.4 GPLNG notes that the Federal Energy Regulatory Commission (FERC) initially approved its Project facilities, including the Terminal, in 2016.5 GPLNG has also asked FERC to extend the in-service deadline associated with the Project facilities—currently November 30, 2026.6 As relevant here, Order No. 3978, as amended, requires GPLNG to make its first export of LNG from the Terminal no later than September 30, 2025.7 khammond on DSKJM1Z7X2PROD with NOTICES Request for Extension In its Request, GPLNG asks DOE to extend the deadline for commencement of commercial LNG export operations from the GPLNG terminal by 18 months to March 31, 2027.8 GPLNG states that the additional 18-month period would account ‘‘for both the delays caused by the bankruptcy filing of the lead construction contractor, Zachry deadline), further amended by DOE/FE Order No. 3978–D (Dec. 10, 2020) (extending export term), further amended by DOE/FECM Order No. 3978–E (Apr. 27, 2022) (increasing authorized volume), reh’g denied, DOE/FECM Order No. 3978–F (June 24, 2022). In addition, GPLNG’s export authorization was amended by DOE/FE Order No. 4641 (Dec. 18, 2020) to include short-term export authority on a non-additive basis. 2 The initial order authorized exports from the ‘‘existing Golden Pass LNG Terminal.’’ The facility, with later modifications—and including those currently under construction—is now known as the GPLNG Export Terminal. 3 15 U.S.C. 717b(a). 4 DOE/FE Order No. 3978, as amended in DOE/ FECM Order No. 3978–E (Ordering Para. A). 5 Golden Pass Prods. LLC & Golden Pass Pipeline LLC, 157 FERC ¶ 61,222 (2016). 6 Golden Pass LNG Terminal LLC, Request for Extension of Commencement Deadline, Docket Nos. 12–156–LNG and 12–88–LNG, at 2 n.6 (Aug. 28, 2024) [hereinafter Request]. The ‘‘in-service deadline’’ refers to the date by which the Project’s facilities must be operational under FERC’s authorization, rather than the date by which commercial exports must begin under DOE’s authorization. 7 DOE/FECM Order No. 3978–E, at 53 (Ordering Para. A). Additionally, GPLNG asks DOE to amend its existing FTA authorization (DOE/FE Order No. 3147, as amended). DOE will address the FTA portion of the Request separately pursuant to NGA section 3(c), 15 U.S.C. 717b(c). 8 Request at 2. VerDate Sep<11>2014 17:11 Sep 25, 2024 Jkt 262001 Industrial Inc. [(Zachry)], remaining uncertainties regarding the transition to a new lead contractor, possible unpredictable delays that may occur during the remaining construction activities such as potential hurricane impacts, and for commissioning and start-up activities.’’ 9 GPLNG maintains that its Request is consistent with DOE’s April 2023 Policy Statement on Export Commencement Deadlines,10 and that its proposed exports remain consistent with the public interest under NGA section 3(a).11 In support of its Request, GPLNG asserts that good cause exists to grant the requested conditional extension of time, and that GPLNG’s authorized exports remain in the public interest. GPLNG also states that it meets the criteria established by DOE in the Commencement Extension Policy for such requests. Specifically, GPLNG argues that ‘‘an extension of the commercial operations deadline is necessary due to extenuating circumstances outside of [its] control,’’ 12 and that it ‘‘has been continuously and steadily engaged in construction’’ of the export facilities for over five years.13 GPLNG represents that at the time it filed its Request, ‘‘the LNG Facility [was] approximately 80% complete, including design and engineering work, and 65% complete in terms of physical construction.’’ 14 GPLNG executed an engineering, procurement, and construction (EPC) contract in January 2019, with Zachry as lead contractor.15 GPLNG states that Zachry was not able to complete the Project following a series of problems, and that Zachry notified GPLNG of its plan to exit the Project in April 2024, then filed for bankruptcy in May 2024.16 Although another party to the EPC contract has taken over as lead construction contractor, GPLNG is not confident that the Project can be completed by the current commencement deadline.17 9 Id. 10 U.S. Dep’t of Energy, Policy Statement on Export Commencement Deadlines in Authorizations to Export Natural Gas to Non-Free Trade Agreement Countries, 88 FR 25,272 (Apr. 26, 2023), https:// www.energy.gov/sites/default/files/2023-06/ Policy%20Statement%20on%20Export%20 Commencement%20Deadlines%20 in%20Authorizations%20to%20Export%20 Natural%20Gas%20to%20Non-Free%20Trade %20Agreement%20Countries.pdf [hereinafter Commencement Extension Policy]. 11 See Request at 2. 12 Id. 13 Id. at 3. 14 Id. at 4. 15 Id. at 5–6. 16 Id. at 8. 17 See Request at 9. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 78853 Additionally, GPLNG contends not only that its proposed exports are consistent with the public interest regardless of its commencement deadline, but also that ‘‘cancelling the Project at this stage would be affirmatively contrary to the public interest.’’ 18 GPLNG states that it has already invested billions of dollars in the Project, has over one thousand active operations contracts, and ‘‘has sold 100% of the LNG production.’’ 19 GPLNG concludes that ‘‘the public interest is served by this request to avoid the tremendous loss of jobs, economic activity, tax revenue benefiting state, regional and local governments, and billions of dollars of sunk private investment.’’ 20 Additional details can be found in the Request, posted on the DOE website at: https://www.energy.gov/sites/default/ files/2024-08/Binder1.pdf. DOE Evaluation In reviewing GPLNG’s Request, DOE will consider any issues required by law or policy under NGA section 3(a), DOE’s regulations, DOE’s Commencement Extension Policy, and any other documents deemed appropriate. 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 GPLNG’s non-FTA application in Docket No. 12–156– LNG.21 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 GPLNG’s 18 Id. at 10. 19 Id. 20 Id. at 12. supra note 1. 21 See E:\FR\FM\26SEN1.SGM 26SEN1 khammond on DSKJM1Z7X2PROD with NOTICES 78854 Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Notices Request must file a motion to intervene or notice of intervention.22 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 DOE’s 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. 12–156–LNG’’ or ‘‘GPLNG Request’’ 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 Request, 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 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 22 Status as an intervenor in prior proceeding(s) in this docket does not continue to this proceeding evaluating GPLNG’s Request, and therefore any person interested in intervening to address the Request must file a new motion to intervene (or notice of intervention, as applicable). 10 CFR 590.303. VerDate Sep<11>2014 17:11 Sep 25, 2024 Jkt 262001 to this Notice, in accordance with 10 CFR 590.316. Signed in Washington, DC, on September 23, 2024. Amy R. Sweeney, Director, Office of Regulation, Analysis, and Engagement, Office of Resource Sustainability. [FR Doc. 2024–22053 Filed 9–25–24; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Privacy Act of 1974; System of Records Department of Energy. Notice of a new system of AGENCY: ACTION: records. As required by the Privacy Act of 1974 and the Office of Management and Budget (OMB) Circulars A–108 and A–130, the Department of Energy (DOE or the Department) is publishing notice of a new Privacy Act system of records. DOE proposes to establish System of Records DOE–47 Reasonable Accommodation Requests Records. The purpose of this system of records is to assemble under a single, focused system the Department’s collection and treatment of information concerning records on employees and applicants for employment who seek and receive medical and non-medical reasonable accommodations. SUMMARY: This System of Records Notice (SORN) will become applicable following the end of the public comment period on October 28, 2024 unless comments are received that result in a contrary determination. ADDRESSES: Written comments should be sent to the DOE Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10102, 735 17th Street NW, Washington, DC 20503, and to Ken Hunt, Chief Privacy Officer, U.S. Department of Energy, 1000 Independence Avenue SW, Rm. 8H–085, Washington, DC 20585, by facsimile at (202) 586–8151, or by email at privacy@hq.doe.gov. FOR FURTHER INFORMATION CONTACT: Ken Hunt, Chief Privacy Officer, U.S. Department of Energy, 1000 Independence Avenue SW, Rm. 8H– 085, Washington, DC 20585, by facsimile at (202) 586–8151, by email at privacy@hq.doe.gov, or by telephone: (240) 686–9485. SUPPLEMENTARY INFORMATION: This notice proposes the establishment of a new system of records, DOE–47 DATES: PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Reasonable Accommodation Requests Records, to collect, maintain, and disseminate records on employees and applicants for employment who seek and receive medical and non-medical accommodations. The purpose of this System of Records is to assemble the Department’s collection and treatment of this information together under a single, focused system. Information collected and maintained in this system includes data elements on: applicants for Federal employment who have disabilities; Federal employees with disabilities who seek accommodations to allow them to perform the essential functions of their job; Federal employees with disabilities who request or receive reasonable accommodation as required by the Department as the Rehabilitation Act of 1973 or the Americans with Disabilities Act, as amended by the Americans with Disabilities Act Amendment Act of 2008 (ADAAA); individuals who receive medical and non-medical accommodations under Title VII of the Civil Rights Act of 1964; and Federal employees or applicants for employment requesting accommodation based on a ‘‘sincerely held’’ religious belief, practice, or observance under the Religious Freedom Restoration Act. This system includes requests for a medical or religious accommodation. Another purpose of this system is to track and report the processing of Departmentwide requests for reasonable accommodation while ensuring compliance with applicable laws and regulations, including confidentiality requirements protecting personally identifiable information individuals submit in support of accommodation requests. SYSTEM NAME AND NUMBER: DOE–47 Reasonable Accommodation Requests Records. SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION: Systems leveraging this SORN may exist in multiple locations. All systems storing records in a cloud-based server are required to use governmentapproved cloud services and follow National Institute of Standards and Technology (NIST) security and privacy standards for access and data retention. Records maintained in a governmentapproved cloud server are accessed through secure data centers in the continental United States. U.S. Department of Energy, Office of the General Counsel, 1000 E:\FR\FM\26SEN1.SGM 26SEN1

Agencies

[Federal Register Volume 89, Number 187 (Thursday, September 26, 2024)]
[Notices]
[Pages 78852-78854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22053]


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

DEPARTMENT OF ENERGY

[Docket No. 12-156-LNG]


Golden Pass LNG Terminal LLC; Request for Extension of 
Commencement Deadline

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) of 
the Department of Energy (DOE), formerly the Office of Fossil Energy 
(FE), gives notice (Notice) of receipt of a request (Request) filed by 
Golden Pass LNG Terminal LLC (GPLNG or Golden Pass LNG) on August 28, 
2024. GPLNG requests an extension of the deadline in its current 
authorization to export domestically produced liquefied natural gas 
(LNG) to non-free trade agreement countries, set forth in DOE/FE Order 
No. 3978, as amended, to allow GPLNG to commence commercial export 
operations from the proposed GPLNG Export Terminal by March 31, 2027. 
This modification would extend GPLNG's existing commencement deadline 
by eighteen months. GPLNG filed the Request under the Natural Gas Act 
(NGA) and pursuant to DOE's Policy Statement on Export Commencement 
Deadlines in Authorizations to Export Natural Gas to Non-Free Trade 
Agreement Countries (Commencement Extension Policy). Protests, motions 
to intervene, notices of intervention, and written comments are 
invited.

DATES: Protests, motions to intervene, or notices of intervention, as 
applicable, requests for additional procedures, and written comments 
are to be filed as detailed in the Public Comment Procedures section no 
later than 4:30 p.m., Eastern time, October 28, 2024.

ADDRESSES: 
    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, (240) 780-1691, [email protected]

SUPPLEMENTARY INFORMATION:

Background

    On April 25, 2017, in DOE/FE Order No. 3978 (as amended),\1\ DOE

[[Page 78853]]

authorized GPLNG to export domestically produced LNG by vessel from the 
proposed GPLNG Export Terminal \2\ in Sabine Pass, Texas, to any 
country with which the United States does not have a free trade 
agreement (FTA) requiring national treatment for trade in natural gas, 
which currently has or in the future develops the capacity to import 
LNG, and with which trade is not prohibited by U.S. law or policy (non-
FTA countries).\3\ GPLNG is authorized to export this LNG in a volume 
equivalent to 937 billion cubic feet per year of natural gas for a term 
extending through December 31, 2050.\4\
---------------------------------------------------------------------------

    \1\ Golden Pass LNG Terminal LLC, DOE/FE Order No. 3978, Docket 
No. 12-156-LNG (Apr. 25, 2017), reh'g denied, DOE/FE Order No. 3978-
A (Mar. 30, 2018), amended by DOE/FE Order No. 3978-B (Mar. 4, 2020) 
(transferring authorization from Golden Pass Products LLC to Golden 
Pass LNG Terminal LLC), further amended by DOE/FE Order No. 3978-C 
(Mar. 24, 2020) (extending export commencement deadline), further 
amended by DOE/FE Order No. 3978-D (Dec. 10, 2020) (extending export 
term), further amended by DOE/FECM Order No. 3978-E (Apr. 27, 2022) 
(increasing authorized volume), reh'g denied, DOE/FECM Order No. 
3978-F (June 24, 2022). In addition, GPLNG's export authorization 
was amended by DOE/FE Order No. 4641 (Dec. 18, 2020) to include 
short-term export authority on a non-additive basis.
    \2\ The initial order authorized exports from the ``existing 
Golden Pass LNG Terminal.'' The facility, with later modifications--
and including those currently under construction--is now known as 
the GPLNG Export Terminal.
    \3\ 15 U.S.C. 717b(a).
    \4\ DOE/FE Order No. 3978, as amended in DOE/FECM Order No. 
3978-E (Ordering Para. A).
---------------------------------------------------------------------------

    GPLNG notes that the Federal Energy Regulatory Commission (FERC) 
initially approved its Project facilities, including the Terminal, in 
2016.\5\ GPLNG has also asked FERC to extend the in-service deadline 
associated with the Project facilities--currently November 30, 2026.\6\
---------------------------------------------------------------------------

    \5\ Golden Pass Prods. LLC & Golden Pass Pipeline LLC, 157 FERC 
] 61,222 (2016).
    \6\ Golden Pass LNG Terminal LLC, Request for Extension of 
Commencement Deadline, Docket Nos. 12-156-LNG and 12-88-LNG, at 2 
n.6 (Aug. 28, 2024) [hereinafter Request]. The ``in-service 
deadline'' refers to the date by which the Project's facilities must 
be operational under FERC's authorization, rather than the date by 
which commercial exports must begin under DOE's authorization.
---------------------------------------------------------------------------

    As relevant here, Order No. 3978, as amended, requires GPLNG to 
make its first export of LNG from the Terminal no later than September 
30, 2025.\7\
---------------------------------------------------------------------------

    \7\ DOE/FECM Order No. 3978-E, at 53 (Ordering Para. A). 
Additionally, GPLNG asks DOE to amend its existing FTA authorization 
(DOE/FE Order No. 3147, as amended). DOE will address the FTA 
portion of the Request separately pursuant to NGA section 3(c), 15 
U.S.C. 717b(c).
---------------------------------------------------------------------------

Request for Extension

    In its Request, GPLNG asks DOE to extend the deadline for 
commencement of commercial LNG export operations from the GPLNG 
terminal by 18 months to March 31, 2027.\8\ GPLNG states that the 
additional 18-month period would account ``for both the delays caused 
by the bankruptcy filing of the lead construction contractor, Zachry 
Industrial Inc. [(Zachry)], remaining uncertainties regarding the 
transition to a new lead contractor, possible unpredictable delays that 
may occur during the remaining construction activities such as 
potential hurricane impacts, and for commissioning and start-up 
activities.'' \9\ GPLNG maintains that its Request is consistent with 
DOE's April 2023 Policy Statement on Export Commencement Deadlines,\10\ 
and that its proposed exports remain consistent with the public 
interest under NGA section 3(a).\11\
---------------------------------------------------------------------------

    \8\ Request at 2.
    \9\ Id.
    \10\ U.S. Dep't of Energy, Policy Statement on Export 
Commencement Deadlines in Authorizations to Export Natural Gas to 
Non-Free Trade Agreement Countries, 88 FR 25,272 (Apr. 26, 2023), 
https://www.energy.gov/sites/default/files/2023-06/Policy%20Statement%20on%20Export%20Commencement%20Deadlines%20in%20Authorizations%20to%20Export%20Natural%20Gas%20to%20Non-Free%20Trade%20Agreement%20Countries.pdf [hereinafter Commencement 
Extension Policy].
    \11\ See Request at 2.
---------------------------------------------------------------------------

    In support of its Request, GPLNG asserts that good cause exists to 
grant the requested conditional extension of time, and that GPLNG's 
authorized exports remain in the public interest. GPLNG also states 
that it meets the criteria established by DOE in the Commencement 
Extension Policy for such requests. Specifically, GPLNG argues that 
``an extension of the commercial operations deadline is necessary due 
to extenuating circumstances outside of [its] control,'' \12\ and that 
it ``has been continuously and steadily engaged in construction'' of 
the export facilities for over five years.\13\ GPLNG represents that at 
the time it filed its Request, ``the LNG Facility [was] approximately 
80% complete, including design and engineering work, and 65% complete 
in terms of physical construction.'' \14\ GPLNG executed an 
engineering, procurement, and construction (EPC) contract in January 
2019, with Zachry as lead contractor.\15\ GPLNG states that Zachry was 
not able to complete the Project following a series of problems, and 
that Zachry notified GPLNG of its plan to exit the Project in April 
2024, then filed for bankruptcy in May 2024.\16\ Although another party 
to the EPC contract has taken over as lead construction contractor, 
GPLNG is not confident that the Project can be completed by the current 
commencement deadline.\17\
---------------------------------------------------------------------------

    \12\ Id.
    \13\ Id. at 3.
    \14\ Id. at 4.
    \15\ Id. at 5-6.
    \16\ Id. at 8.
    \17\ See Request at 9.
---------------------------------------------------------------------------

    Additionally, GPLNG contends not only that its proposed exports are 
consistent with the public interest regardless of its commencement 
deadline, but also that ``cancelling the Project at this stage would be 
affirmatively contrary to the public interest.'' \18\ GPLNG states that 
it has already invested billions of dollars in the Project, has over 
one thousand active operations contracts, and ``has sold 100% of the 
LNG production.'' \19\ GPLNG concludes that ``the public interest is 
served by this request to avoid the tremendous loss of jobs, economic 
activity, tax revenue benefiting state, regional and local governments, 
and billions of dollars of sunk private investment.'' \20\
---------------------------------------------------------------------------

    \18\ Id. at 10.
    \19\ Id.
    \20\ Id. at 12.
---------------------------------------------------------------------------

    Additional details can be found in the Request, posted on the DOE 
website at: https://www.energy.gov/sites/default/files/2024-08/Binder1.pdf.

DOE Evaluation

    In reviewing GPLNG's Request, DOE will consider any issues required 
by law or policy under NGA section 3(a), DOE's regulations, DOE's 
Commencement Extension Policy, and any other documents deemed 
appropriate.
    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 GPLNG's non-FTA application in Docket No. 12-
156-LNG.\21\ Therefore, DOE will not consider comments or protests that 
do not bear directly on this Request.
---------------------------------------------------------------------------

    \21\ See supra note 1.
---------------------------------------------------------------------------

    Any person wishing to become a party to this proceeding evaluating 
GPLNG's

[[Page 78854]]

Request must file a motion to intervene or notice of intervention.\22\ 
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 DOE's regulations in 10 CFR part 590, including the 
service requirements.
---------------------------------------------------------------------------

    \22\ Status as an intervenor in prior proceeding(s) in this 
docket does not continue to this proceeding evaluating GPLNG's 
Request, and therefore any person interested in intervening to 
address the Request must file a new motion to intervene (or notice 
of intervention, as applicable). 10 CFR 590.303.
---------------------------------------------------------------------------

    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. 
12-156-LNG'' or ``GPLNG Request'' 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 Request, 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 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.

    Signed in Washington, DC, on September 23, 2024.
Amy R. Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of 
Resource Sustainability.
[FR Doc. 2024-22053 Filed 9-25-24; 8:45 am]
BILLING CODE 6450-01-P


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