Department of Energy October 22, 2020 – Federal Register Recent Federal Regulation Documents

The Office of Fossil Energy (FE) of the Department of Energy (DOE) gives notice (Notice) of receipt of an application (Application), filed on October 2, 2020, by Magnolia LNG, LLC (Magnolia LNG). Magnolia LNG seeks to amend the export term set forth in its current authorization to export liquefied natural gas (LNG) to non-free trade agreement countries, DOE/FE Order No. 3909, to a term ending on December 31, 2050. Magnolia LNG filed the Application under the Natural Gas Act (NGA) and DOE's policy statement entitled, ``Extending Natural Gas Export Authorizations to Non-Free Trade Agreement Countries Through the Year 2050'' (Policy Statement). Protests, motions to intervene, notices of intervention, and written comments on the requested term extension are invited.

In response to a petition for rulemaking submitted on October 18, 2018 (Gas Industry Petition), the Department of Energy (DOE) published that petition in the Federal Register on November 1, 2018, for public review and input, and DOE subsequently published a proposed interpretive rule in the Federal Register on July 11, 2019. After carefully considering the public comments on its proposed interpretive rule, DOE tentatively determined to consider a more involved class structure which turns on maintenance of compatibility with existing venting categories, and published a notice of supplemental proposed interpretive rulemaking (``NOPIR'') on September 24, 2020. On September 25, 2020, and October 6, 2020, DOE received comments requesting extension of the comment period on the NOPIR. On September 29, 2020, DOE received a comment from the submitters of the Gas Industry Petition requesting prompt action on their petition. Balancing these competing requests, DOE is extending the public comment period for submitting comments and data on the NOPIR to November 9, 2020.