[Federal Register Volume 83, Number 76 (Thursday, April 19, 2018)]
[Notices]
[Pages 17406-17408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08149]
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DEPARTMENT OF ENERGY
[FE Docket No. 12-32-LNG]
Jordan Cove Energy Project, L.P.: Application To Amend Long-Term,
Conditional Authorization To Export Liquefied Natural Gas to Non-Free
Trade Agreement Nations and To Amend Application for Long-Term
Authorization To Export Liquefied Natural Gas to Non-Free Trade
Agreement Nations
AGENCY: Office of Fossil Energy, DOE.
ACTION: Notice of amendment.
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SUMMARY: The Office of Fossil Energy (FE) of the Department of Energy
(DOE) gives notice of receipt of an application for amendment
(Amendment), filed on February 6, 2018, by Jordan Cove Energy Project,
L.P. (JCEP or Jordan Cove) of both its Conditional Authorization (DOE/
FE Order No. 3413) and pending Application in this proceeding.
Protests, motions to intervene, notices of intervention, and
written comments addressing the Amendment are invited as described
below.
DATES: Protests, motions to intervene or notices of intervention, as
applicable, requests for additional procedures, and written comments
are to be filed using procedures detailed in the Public Comment
Procedures section no later than 4:30 p.m., Eastern time, May 9, 2018.
ADDRESSES:
Electronic Filing by email: [email protected].
Regular Mail: U.S. Department of Energy (FE-34), Office of
Regulation and International Engagement, Office of Fossil Energy, P.O.
Box 44375, Washington, DC 20026-4375.
Hand Delivery or Private Delivery Services (e.g., FedEx, UPS,
etc.): U.S. Department of Energy (FE-34), Office of Regulation and
International Engagement, Office of Fossil Energy, Forrestal Building,
Room 3E-042, 1000 Independence Avenue SW, Washington, DC 20585.
FOR FURTHER INFORMATION CONTACT: Larine Moore or Amy Sweeney, U.S.
Department of Energy (FE-34), Office of Regulation and International,
Engagement Office of Fossil Energy, Forrestal Building, Room 3E-042,
1000 Independence Avenue SW, Washington, DC 20585, (202) 586-9478;
(202) 586-2627.
Cassandra Bernstein, U.S. Department of Energy (GC-76), Office of the
Assistant General Counsel for Electricity and Fossil Energy, Forrestal
Building, 1000 Independence Avenue SW, Washington, DC 20585, (202) 586-
9793.
SUPPLEMENTARY INFORMATION: JCEP's Application, filed on March 23, 2012,
seeks authority to export domestically produced liquefied natural gas
(LNG) in a volume equivalent to 292 billion cubic feet per year (Bcf/
yr) of natural gas (0.8 Bcf per day (Bcf/d)) from the proposed Jordan
Cove LNG Terminal to be located on Coos Bay, Oregon, to nations with
which the United States does not have a free trade agreement (FTA)
requiring national treatment for trade in natural gas (non-FTA nations)
(77 FR 33446). On March 24, 2014, DOE issued DOE/FE Order No. 3413,
conditionally granting Jordan Cove's Application in the requested
volume of 292 Bcf/yr for a term of 20 years (Conditional Non-FTA
Authorization). On October 5, 2015, JCEP filed an amendment to its
Application (81 FR 11202), asking DOE/FE to increase its requested non-
FTA LNG export volume from the equivalent of 292 Bcf/yr to 350 Bcf/yr
of natural gas (0.96 Bcf/d). At that time, JCEP did not seek to amend
its Conditional Non-FTA Authorization. DOE/FE has not yet issued a
final order on JCEP's Non-FTA Application, and its requested 2015
amendment remains pending as part of the Application proceeding.
In this Amendment, JCEP again seeks to increase its volume of LNG
exports--to the equivalent of 395 Bcf/yr (1.08 Bcf/d) of natural gas--
as approved in its Conditional Non-FTA Authorization (DOE/FE Order No.
3413) and as requested in its Non-FTA Application. JCEP states that the
purpose of this Amendment is to conform its requested export volume to
the proposed production capacity of the LNG Terminal in JCEP's current
application at the Federal Energy Regulatory Commission (FERC). On
September 21, 2017, JCEP filed an application at FERC (FERC Docket No.
CP17-495-000) requesting authorization to site, construct, and operate
the LNG Terminal with a proposed maximum capacity of 7.8 million metric
tons per annum of LNG, equivalent to 395 Bcf/yr of natural gas. JCEP
states that this FERC application reflects changes to the production
capacity of its proposed facilities at the LNG Terminal, as well as
additional engineering analysis. Although JCEP's application at FERC
remains pending, JCEP states that it wishes to align its requested
export volume with its requested facilities at FERC.
Additionally, JCEP asks that, if and when DOE/FE issues an order
granting the requested Amendment to the Conditional Non-FTA
Authorization,
[[Page 17407]]
DOE/FE also amend or ``re-set'' the dates by which JCEP must commence
exports of LNG to non-FTA countries.
Additional details can be found below and in JCEP's Amendment,
posted on the DOE/FE website at: https://fossil.energy.gov/ng_regulation/sites/default/files/programs/gasregulation/authorizations/JCEP_Amendment02_6_18.pdf.
Because the Amendment represents a substantive and material change
in the Application, DOE has determined to publish this notice in the
Federal Register, thereby providing the public with an opportunity to
intervene, comment, and/or protest the Amendment. JCEP states that it
has served the Amendment on each of the parties that have previously
intervened in this proceeding.
Scope of Notice. The Amendment subject to this Notice pertains only
to JCEP's Conditional Non-FTA Authorization and Application under
section 3(a) of the Natural Gas Act (NGA), 15 U.S.C. 717b(a). In the
Amendment, JCEP also seeks to amend its existing FTA authorization
issued in DOE/FE Order No. 3041 in FE Docket No. 11-127-LNG (Dec. 7,
2011).\1\ However, that requested FTA amendment is outside the scope of
this Notice, and DOE/FE will review it separately pursuant to NGA
section 3(c), 15 U.S.C. 717b(c). Additionally, in the Amendment, JCEP
notifies DOE/FE of a change in corporate ownership.\2\ DOE likewise
will review this change in corporate ownership separately, consistent
with DOE/FE's normal procedures.\3\
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\1\ Jordan Cove Energy Project L.P., Application to Amend Long-
Term Authorizations to Export Liquefied Natural Gas to Free Trade
Agreement Countries and Non-Free Trade Agreement Countries and
Amendment to Application for Long-Term Authorization to Export
Liquefied Natural Gas to Non-Free Trade Agreement Countries, FE
Docket Nos. 11-127-LNG & 12-32-LNG, at 1-2 (Feb. 6, 2018)
[hereinafter JCEP Amendment].
\2\ See id. at 4-5.
\3\ See U.S. Dep't of Energy, Procedures for Changes in Control
Affecting Applications and Authorizations to Import or Export
Natural Gas, 79 FR 65,541 (Nov. 5, 2014).
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Request for an Amended Commencement of Export Period. Under the
Conditional Non-FTA Authorization (DOE/FE Order No. 3413), JCEP
currently must commence exports within seven years of the date of the
order, or by March 24, 2021. JCEP states that, as detailed in the FERC
application, exports from the proposed LNG Terminal are not expected to
commence until the first half of 2024, which would be beyond the March
24, 2021 date. Therefore, JCEP requests that, in conjunction with the
requested Amendment, DOE/FE grant JCEP a new seven-year commencement of
export period from the date of any amendment to the Conditional Non-FTA
Authorization.\4\
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\4\ See JCEP Amendment at 5.
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Public Interest Analysis. JCEP asserts that its proposed amendment
to the Conditional Non-FTA Authorization (DOE/FE Order No. 3413) and
the Application are not inconsistent with the public interest under NGA
section 3(a) and should be approved.\5\
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\5\ See id. at 7-10.
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Action on Pending Amendments. DOE/FE will review and take
appropriate action on any requested amendments to the Application--
including the pending 2015 amendment and the Amendment at issue in this
Notice--as part of its final review of JCEP's Application.
DOE/FE Evaluation
The Application will be reviewed pursuant to section 3 of the NGA,
15 U.S.C. 717b. In reviewing this Application, 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. Parties that may oppose this application should
comment in their responses on these issues.
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 20 days from the date
of publication of this Notice in which to submit comments, protests,
motions to intervene, or notices of intervention.
Comments and protests should address JCEP's Amendment filed on
February 6, 2018. The public previously was given an opportunity to
intervene in, protest, and comment on JCEP's Application, as well as on
JCEP's requested amendment to the Application filed in 2015 (discussed
supra). Therefore, DOE/FE may disregard comments or protests on the
Application that do not bear directly on the current Amendment--namely,
JCEP's requested increase in its LNG export volume to 395 Bcf/yr of
natural gas (1.08 Bcf/d), for purposes of both its Conditional Non-FTA
Authorization and its pending non-FTA Application.
Any person wishing to become a party to the proceeding 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 the 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.
Filings may be submitted using one of the following methods: (1)
Emailing the filing to [email protected], with FE Docket No. 12-32-LNG
in the title line; (2) mailing an original and three paper copies of
the filing to the Office of Regulation and International Engagement at
the address listed in ADDRESSES; or (3) hand delivering an original and
three paper copies of the filing to the Office of Regulation and
International Engagement at the address listed in ADDRESSES. All
filings must include a reference to FE Docket No. 12-32-LNG. Please
Note: If submitting a filing via email, 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.
Any hardcopy filing submitted greater in length than 50 pages must also
include, at the time of the filing, a digital copy on disk of the
entire submission.
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.
[[Page 17408]]
The Application is available for inspection and copying in the
Office of Regulation and International Engagement docket room, Room 3E-
042, 1000 Independence Avenue SW, Washington, DC 20585. The docket room
is open between the hours of 8:00 a.m. and 4:30 p.m., Monday through
Friday, except Federal holidays. The Application and any filed
protests, motions to intervene or notice of interventions, and comments
will also be available electronically by going to the following DOE/FE
Web address: http://www.fe.doe.gov/programs/gasregulation/index.html.
Issued in Washington, DC, on April 13, 2018.
Robert Smith,
Deputy Assistant Secretary for Oil and Natural Gas (Acting).
[FR Doc. 2018-08149 Filed 4-18-18; 8:45 am]
BILLING CODE 6450-01-P