Department of Energy April 26, 2023 – Federal Register Recent Federal Regulation Documents

The Department of Energy (DOE) is reaffirming the seven-year deadline for authorization holders to commence exports of domestically produced natural gas, including liquefied natural gas (LNG), to non- free trade agreement (non-FTA) countries set forth in long-term authorizations issued under the Natural Gas Act. For existing and future non-FTA authorizations for the export of LNG, DOE will allow authorizations to expire on the export commencement deadline originally set forth in the order and will not consider an application for an extension, unless the authorization holder demonstrates both that: it has physically commenced construction on the associated export facility, and its inability to comply with the existing export commencement deadline is the result of extenuating circumstances outside of its control. Authorization holders unable to make this demonstration may submit a new non-FTA application, which will be considered without prejudice. This policy will increase transparency for non-FTA authorization holders and pending applicants who have not yet commenced exports, while providing greater certainty about DOE's approvals for the LNG export market. Concurrently with the issuance of this Policy Statement, DOE is issuing final orders on three pending applications for a commencement extension.