(Adds background on pending applications, comment from LNG
By Ayesha Rascoe
WASHINGTON May 29 The Obama administration on
Thursday announced a major overhaul of its review process for
U.S. liquefied natural gas exports, a change that would benefit
companies with strong financial backing for their projects.
Under the proposal, the Department of Energy would no longer
issue conditional approvals of projects.
Instead, the department would decide whether an LNG export
project is in the national interest only after the Federal
Energy Regulatory Commission, or another agency, had issued a
final environmental review.
The action would shift emphasis from the department's
conditional approval, placing the onus on FERC.
The department said that by waiting until the environmental
review is completed, it could better determine the viability of
a project, because the FERC process costs far more than the
department's application process.
Companies pay up to $100 million to complete the FERC
process, a significant investment that separates serious
projects from those that may not have financial means to
actually construct multibillion-dollar export facilities.
An Energy Department export application costs about $20,000
"DOE will also be better positioned to judge the cumulative
market impacts of its authorizations in its public interest
review," Christopher Smith, deputy assistant secretary for
fossil energy, said in a statement.
"It changes the risk profile of every project that's out
there that hasn't received an export authorization," said Steve
Martin, vice president of finance and contracts for Louisiana
"Some of the project financing requires an offtake
commitment, and an offtake commitment is somewhat dependent upon
being able to take it somewhere, so for final investment
decisions, there could be some impact." His company currently
is seeking an offtake contract, Martin said. A final investment
decision is not in place yet.
An offtake contract is a would-be buyer's commitment to
purchase a project's LNG.
The administration has been under pressure from backers of
LNG exports, including many Republican lawmakers and some
Democrats from oil and gas states, to streamline the approval
process for LNG projects.
While the Department of Energy decides whether proposed LNG
exports to countries lacking a free-trade agreement with the
United States are in the public interest, FERC weighs the safety
and environmental impact of the export facilities.
Until now, the administration set up its queue mostly based
on when applications were filed with the department, with some
priority given to project backers that had filed with FERC.
The proposed changes will likely not have too much impact on
the two projects at the front of the old queue.
The public will have 45 days to comment on the DOE's plan.
During that time the department will continue to review projects
under its existing process, making it likely that the next
application up for review, Leucadia National Corp's
Oregon LNG project, could snare a conditional approval.
Cheniere's Corpus Christi project is next in line,
but it is also far along in its review process at FERC. If the
administration's plan is adopted, the project is likely to be
one of the first approved under the new procedures.
Gas industry groups that have pressed the department to
speed up its process were cautiously optimistic about the plan
but also raised concerns.
If the DOE is allowed to alter the process at any time,
those projects that benefit from these changes may be put at a
disadvantage later on, said Bill Cooper, head of the Center for
Liquefied Natural Gas.
"We just don't have any regulatory certainty about the
process. It keeps changing," he said.
The department said it also plans to undertake additional
studies of the economic impact of U.S. LNG exports of between 12
billion and 20 billion cubic feet a day.
The application review process would continue while these
studies are conducted, the DOE said.