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Freedom Through Energy Export Act

S. 2096 · 113th Congress · Mar 6, 2014 · Lineage

A BILL

To amend the Alaska Natural Gas Pipeline Act of 2004 to provide for the authorization of liquified natural gas terminals and related facilities necessary for the export of Alaska natural gas, and for other purposes.

Section 1 Short title; references

(a)
Short title— This Act may be cited as the “Freedom Through Energy Export Act”.
(b)
References— Except as otherwise expressly provided, wherever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Alaska Natural Gas Pipeline Act of 2004 (15 U.S.C. 720 et seq.).

Sec. 2 Definition of Alaska natural gas transportation project

Section 102(2) (15 U.S.C. 720(2)) is amended—
(1)
by striking subparagraphs (A) and (B);
(2)
by inserting “any of the following projects authorized under the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.) or section 103:” after “means”;
(3)
by striking “any natural gas pipeline system” and inserting the following:

“(A) Any natural gas pipeline system”

(4)
in subparagraph (A) (as so designated) by striking “that is authorized under—” and inserting a period at the end; and
(5)
by adding at the end the following:

“(B) Except with respect to projects described in section 116, any liquified natural gas terminal and any facilities necessary or required for the export of Alaska natural gas (including related facilities subject to the jurisdiction of the Commission).”

Sec. 3 Issuance of certificate of public convenience and necessity

Section 103 (15 U.S.C. 720a) is amended—
(1)
in the heading, by inserting “or other commission authorization” after “necessity”;
(2)
in subsection (a)—
(A)
by striking “may, in accordance” and inserting

“(1) in accordance”

(B)
in paragraph (1) (as so designated), by striking the period at the end and inserting “; or”; and
(C)
by adding at the end the following:

“(2) in accordance with section 3 of the Natural Gas Act (15 U.S.C. 717b), consider and act on an application for authorization for a liquefied natural gas terminal and any related facilities determined necessary or required for the export of Alaska natural gas other than the Alaska natural gas transportation system.”

(3)
in subsection (b)—
(A)
in the heading, by inserting “or other authorization” after “certificate”; and
(B)
in paragraph (1)—
(i)
by striking “shall issue a certificate” and inserting

“(A) a certificate”

(ii)
in subparagraph (A) (as so designated), by striking the period at the end and inserting “; or”; and
(iii)
by adding at the end the following:

“(B) an authorization for the siting, construction, and operation of an Alaska natural gas transportation project, if the applicant has satisfied the requirements of section 3 of the Natural Gas Act (15 U.S.C. 717b) for a liquefied natural gas terminal and any related facilities determined necessary or required for the export of Alaska natural gas.”

(4)
in subsection (c), by striking “for the project under section 7(c))” and all that follows through the period at the end and inserting

“(1) section 3 of the Natural Gas Act (15 U.S.C. 717b);

“(2) section 7(c) of the Natural Gas Act (15 U.S.C. 717f(c)); and

“(3) this section.”

(5)
in subsection (g), by striking “The holder of the certificate” and inserting “The holder of a certificate”.

Sec. 4 Environmental reviews

Section 104(a) (15 U.S.C. 720b(a)) is amended by inserting “under section 7 of the Natural Gas Act (15 U.S.C. 717f) or the issuance of an authorization under section 3 of that Act (15 U.S.C. 717b)” after “certificate of public convenience and necessity”.

Sec. 5 Federal coordinator

Section 106(c) (15 U.S.C. 720d(c)) is amended—
(1)
in paragraph (1), by inserting “or a pipeline project that carries natural gas from the Alaska North Slope to market south of 68 degrees north latitude” after “Alaska natural gas transportation project”;
(2)
in paragraph (2), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following:

“(3) to ensure that Federal agencies are fully informed in carrying out an Alaska natural gas transportation project, providing Federal agencies with information about—

“(A) the Alaska natural gas transportation project; and

“(B) any commercial, technological, or regulatory issues that could affect the project.”

Sec. 6 Clarification of ANGTA status and authorities

Section 110(b) (15 U.S.C. 720h(b)) is amended—
(1)
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
(2)
by striking “Any Federal agency” and inserting the following:

“(1) In general—Any Federal agency”

(3)
by adding at the end the following:

“(2) Effect—Nothing in this Act or the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.) shall preclude the construction of a gas liquefaction terminal or any other facilities determined necessary or required for the transportation and export of natural gas from the Alaska North Slope.”

Sec. 7 Alaska pipeline construction training program

Section 113 (15 U.S.C. 720k) is amended—
(1)
in subsection (a)(1)—
(A)
in subparagraph (A), by striking “gas pipeline system” and inserting “natural gas transportation project”; and
(B)
in subparagraph (B), by striking “gas pipeline” and inserting “natural gas transportation project”; and
(2)
in subsection (b)(1), by striking “pipeline system” and inserting “transportation project”.

Sec. 8 Sense of Congress concerning Alaskan ownership

Section 115(1) (15 U.S.C. 720m(1)) is amended by striking “pipeline” and inserting “transportation project”.

Sec. 9 Loan guarantees

Section 116(a)(1) (15 U.S.C. 720n(a)(1)) is amended by inserting “that includes a pipeline to the border between Alaska and Canada approved pursuant to section 7(c) of the Natural Gas Act (15 U.S.C. 717f(c))” after “qualified infrastructure project”.

Sec. 10 Expedited approval of exportation of natural gas to United States allies

(a)
In general— Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended—
(1)
by striking “(c) For purposes” and inserting the following:

“(c) Expedited application and approval process

“(1) In general—For purposes.”

(2)
in paragraph (1) (as so designated), by striking “nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas” and inserting “foreign country described in paragraph (2)”; and
(3)
by adding at the end the following:

“(2) Foreign country described—A foreign country described in this paragraph is—

“(A) a country with which the United States has in effect a free trade agreement requiring national treatment for trade in natural gas;

“(B) a member country of the North Atlantic Treaty Organization;

“(C) subject to paragraph (3), Japan; and

“(D) any other foreign country if the Secretary of State, in consultation with the Secretary of Defense, determines that exportation of natural gas to that foreign country would promote the national security interests of the United States.

“(3) Exportation of natural gas to Japan—The exportation of natural gas to Japan shall be deemed to be consistent with the public interest pursuant to paragraph (1), and applications for such exportation shall be granted without modification or delay under that paragraph, during only such period as the Treaty of Mutual Cooperation and Security, signed at Washington January 19, 1960, and entered into force June 23, 1960 (11 UST 1632; TIAS 4509), between the United States and Japan, remains in effect.”

(b)
Effective date— The amendments made by subsection (a) shall apply to applications for the authorization to export natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b) that are pending on, or filed on or after, the date of enactment of this Act.