Golden Pass LNG Terminal LLC; Request for Extension of Commencement Deadline, 78852-78854 [2024-22053]
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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
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addressed to the Manager of the
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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
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Title of Collection: Multi-purpose
Financial Information Statement.
OMB Control Number: 1845–NEW.
Type of Review: A new ICR.
Respondents/Affected Public:
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Total Estimated Number of Annual
Responses: 415,542.
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Burden Hours: 261,791.
Abstract: This is a request for a new
collection. The information collected
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involuntary collection and voluntary
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resolution of defaulted Federal student
loans in the following categories:
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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
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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:
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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
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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.
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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.
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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
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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.
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17:11 Sep 25, 2024
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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:
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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
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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]
=======================================================================
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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\
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\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).
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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\
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\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\
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\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).
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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\
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\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.
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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\
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\12\ Id.
\13\ Id. at 3.
\14\ Id. at 4.
\15\ Id. at 5-6.
\16\ Id. at 8.
\17\ See Request at 9.
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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\
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\18\ Id. at 10.
\19\ Id.
\20\ Id. at 12.
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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.
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\21\ See supra note 1.
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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.
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\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.
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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