Department of energy office of fossil energy
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170 public disclosure, and DOE/FE determines it will be afforded confidential treatment in accordance with 10 C.F.R. § 1004.11. 407 DOE/FE will require that Delfin file or cause to be filed with DOE/FE any relevant long- term commercial agreements, including liquefaction tolling agreements, pursuant to which Delfin exports LNG as agent for a Registrant. DOE/FE finds that the submission of all such agreements or contracts within 30 days of their execution using the procedures described below will be consistent with the “to the extent practicable” requirement of section 590.202(b). By way of example and without limitation, a “relevant long-term commercial agreement” would include an agreement with a minimum term of two years, an agreement to provide natural gas processing or liquefaction services at the Delfin Liquefaction Facility, a long-term sales contract involving natural gas or LNG stored or liquefied at the Delfin Liquefaction Facility, or an agreement to provide export services from the Delfin Liquefaction Facility. In addition, DOE/FE finds that section 590.202(c) of DOE/FE’s regulations 408 requires that Delfin file, or cause to be filed, all long-term contracts associated with the long-term supply of natural gas to the Delfin Liquefaction Facility, whether signed by Delfin or the Registrant, within 30 days of their execution. DOE/FE recognizes that some information in Delfin’s or a Registrant’s long-term commercial agreements associated with the export of LNG, and/or long-term contracts associated with the long-term supply of natural gas to the Delfin Liquefaction Facility, may be commercially sensitive. DOE/FE therefore will provide Delfin the option to file or cause to be filed either unredacted contracts, or in the alternative (A) Delfin may file, or cause to be filed, 407 Id. § 590.202(e). 408 Id. § 590.202(c). 171 long-term contracts under seal, but it also will file either: i) a copy of each long-term contract with commercially sensitive information redacted, or ii) a summary of all major provisions of the contract(s) including, but not limited to, the parties to each contract, contract term, quantity, any take or pay or equivalent provisions/conditions, destinations, re-sale provisions, and other relevant provisions; and (B) the filing must demonstrate why the redacted information should be exempted from public disclosure. To ensure that DOE/FE destination and reporting requirements included in this Order are conveyed to subsequent title holders, DOE/FE will include as a condition of this authorization that future contracts for the sale or transfer of LNG exported pursuant to this Order shall include an acknowledgement of these requirements. G. Export Quantity In the Application, Delfin sought authorization to export up 657.5 Bcf/yr of natural gas (1.8 Bcf/d), which is within the maximum liquefaction capacity of the Delfin Liquefaction Facility as approved by MARAD. 409 As set forth herein, this Order authorizes the export of LNG in the full amount requested, up to the equivalent of 657.5 Bcf/yr of natural gas. H. Combined FTA and Non-FTA Export Authorization Volumes Delfin is currently authorized in DOE/FE Order No. 3393 to export domestically produced LNG to FTA countries in a volume equivalent to approximately 657.5 Bcf/yr of natural gas. Because the source of LNG for that FTA order and this Order is the Delfin Liquefaction Facility, Delfin may not treat the volumes as additive to one another. 409 See MARAD ROD at 10-11; Final EIS at xxii, 2-1. 172 XIV. FINDINGS On the basis of the findings and conclusions set forth above, we find that it has not been shown that a grant of the requested authorization will be inconsistent with the public interest, and we further find that Delfin’s Application should be granted subject to the Terms and Conditions set forth herein. The following Ordering Paragraphs reflect current DOE/FE practice. XV. ORDER Pursuant to section 3 of the Natural Gas Act, it is ordered that: A. Delfin LNG LLC (Delfin) is authorized to export domestically produced LNG by vessel from the proposed floating Delfin Liquefaction Facility, to be located in West Cameron Block 167 in the Gulf of Mexico, offshore of Cameron Parish, Louisiana. Delfin is authorized to export this LNG in a volume equivalent to 657.5 Bcf/yr of natural gas on its own behalf and as agent for other entities that hold title to the natural gas, pursuant to one or more long-term contracts (a contract greater than two years). B. The 20-year authorization period will commence when Delfin commences commercial export of domestically sourced LNG from the Delfin Liquefaction Facility, but not before. Delfin may export Commissioning Volumes prior to the commencement of the terms of this Order, pursuant to a separate short-term export authorization. The Commissioning Volumes will not be counted against the maximum level of volumes previously authorized in Delfin’s FTA order (DOE/FE Order No. 3393) or in this Order. C. Delfin may continue exporting for a total of three years following the end of the 20- year export term, solely to export any Make-Up Volume that it was unable to export during the original export period. The three-year Make-Up Period allowing the export of Make-Up Volumes does not affect or modify the maximum volume of LNG authorized for export in Delfin’s existing FTA order (DOE/FE Order No. 3393) or in this Order. Insofar as Delfin may 173 seek to export additional volumes not previously authorized for export, it will be required to obtain appropriate authorization from DOE/FE. D. Delfin must commence export operations using the planned liquefaction facilities no later than seven years from the date of issuance of this Order. E. The LNG export quantity authorized in this Order is equivalent to 657.5 Bcf/yr of natural gas. This quantity is not additive to the export volume in Delfin’s existing FTA order, set forth in DOE/FE Order No. 3393. F. This LNG may be exported to any country with which the United States does not have a FTA requiring the 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 United States law or policy. G. Delfin shall ensure that all transactions authorized by this Order are permitted and lawful under United States laws and policies, including the rules, regulations, orders, policies, and other determinations of the Office of Foreign Assets Control of the United States Department of the Treasury, MARAD, and FERC. Failure to comply with this requirement could result in rescission of this authorization and/or other civil or criminal remedies. H. Delfin shall ensure compliance with all terms and conditions described by MARAD in its Record of Decision dated March 13, 2017, and/or imposed in MARAD’s forthcoming deepwater port license for Delfin. Additionally, this authorization is conditioned on Delfin’s receipt of all connected local, state, and federal permits (including FERC’s authorization under Section 7 of the Natural Gas Act for the Delfin Onshore Facility), and on Delfin’s on-going compliance with any other preventative and mitigative measures at the Delfin Liquefaction Facility imposed by MARAD or any other federal or state agencies. 174 I. (i) Delfin shall file, or cause others to file, with the Office of Regulation and International Engagement a non-redacted copy of all executed long-term contracts associated with the long-term export of LNG as agent for other entities from the Delfin Liquefaction Facility. The non-redacted copies may be filed under seal and must be filed within 30 days of their execution. Additionally, if Delfin has filed the contracts described in the preceding sentence under seal or subject to a claim of confidentiality or privilege, within 30 days of their execution, Delfin shall also file, or cause others to file, for public posting either: (a) a redacted version of the contracts described in the preceding sentence, or (b) major provisions of the contracts. In these filings, Delfin shall state why the redacted or non-disclosed information should be exempted from public disclosure. (ii) Delfin shall file, or cause others to file, with the Office of Regulation and International Engagement a non-redacted copy of all executed long-term contracts associated with the long-term supply of natural gas to the Delfin Liquefaction Facility. The non-redacted copies may be filed under seal and must be filed within 30 days of their execution. Additionally, if Delfin has filed the contracts described in the preceding sentence under seal or subject to a claim of confidentiality or privilege, within 30 days of their execution, Delfin shall also file, or cause others to file, for public posting either: i) a redacted version of the contracts described in the preceding sentence, or ii) major provisions of the contracts. In these filings, Delfin shall state why the redacted or non-disclosed information should be exempted from public disclosure. J. Delfin, or others for whom Delfin acts as agent, shall include the following provision in any agreement or other contract for the sale or transfer of LNG exported pursuant to this Order and any other applicable DOE/FE authorization: Customer or purchaser acknowledges and agrees that it will resell or transfer U.S.- sourced natural gas in the form of LNG purchased hereunder for delivery only to 175 countries identified in Ordering Paragraph F of DOE/FE Order No. 4028, issued June 1, 2017, in FE Docket No. 13-147-LNG and/or to purchasers that have agreed in writing to limit their direct or indirect resale or transfer of such LNG to such countries. Customer or purchaser further commits to cause a report to be provided to Delfin LNG LLC that identifies the country of destination (or countries) into which the exported LNG or natural gas was actually delivered and/or received for end use, and to include in any resale contract for such LNG the necessary conditions to insure that Delfin LNG LLC is made aware of all such actual destination countries. K. Delfin is permitted to use its authorization in order to export LNG as agent for other entities, after registering such entities with DOE/FE. Registration materials shall include an acknowledgement and agreement by the Registrant to supply Delfin with all information necessary to permit Delfin to register that person or entity with DOE/FE, including: (1) the Registrant’s agreement to comply with this Order and all applicable requirements of DOE/FE’s regulations at 10 C.F.R. Part 590, including but not limited to destination restrictions; (2) the exact legal name of the Registrant, state/location of incorporation/registration, primary place of doing business, and the Registrant’s ownership structure, including the ultimate parent entity if the Registrant is a subsidiary or affiliate of another entity; (3) the name, title, mailing address, e- mail address, and telephone number of a corporate officer or employee of the Registrant to whom inquiries may be directed; and (4) within 30 days of execution, a copy of any long-term contracts not previously filed with DOE/FE, described in Ordering Paragraph I of this Order. L. Each registration submitted pursuant to this Order shall have current information on file with DOE/FE. Any changes in company name, contact information, change in term of the long-term contract, termination of the long-term contract, or other relevant modification, shall be filed with DOE/FE within 30 days of such change(s). M. As a condition of this authorization, Delfin shall ensure that all persons required by this Order to register with DOE/FE have done so. Any failure by Delfin to ensure that all such 176 persons or entities are registered with DOE/FE shall be grounds for rescinding in whole or in part the authorization. N. Within two weeks after the first export of domestically produced LNG occurs from the Delfin Liquefaction Facility, Delfin shall provide written notification of the date that the first export of LNG authorized in Ordering Paragraph A above occurred. O. Delfin shall file with the Office of Regulation and International Engagement, on a semi-annual basis, written reports describing the progress of the Delfin Liquefaction Facility. The reports shall be filed on or by April 1 and October 1 of each year, and shall include information on the progress of the Delfin Liquefaction Facility, the date the Liquefaction Facility is expected to be operational, and the status of the long-term contracts associated with the long- term export of LNG and any long-term supply contracts. P. With respect to any change in control of the authorization holder, Delfin must comply with DOE/FE’s Procedures for Change in Control Affecting Applications and Authorizations to Import or Export Natural Gas. 410 For purposes of this Ordering Paragraph, a “change in control” shall include any change, directly or indirectly, of the power to direct the management or policies of Delfin, whether such power is exercised through one or more intermediary companies or pursuant to an agreement, written or oral, and whether such power is established through ownership or voting of securities, or common directors, officers, or stockholders, or voting trusts, holding trusts, or debt holdings, or contract, or any other direct or indirect means. 411 Q. Monthly Reports: With respect to the LNG exports authorized by this Order, Delfin shall file with the Office of Regulation and International Engagement, within 30 days following the last day of each calendar month, a report indicating whether exports of LNG have been made. 410 See Procedures for Changes in Control at 65,541-42. 411 See id. at 65,542. Document Outline
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