US Codex
Bill
Notes

To amend the Natural Gas Act to limit the authority of the Secretary of Energy to approve certain proposals relating to export activities of liquefied natural gas terminals.

S. 1237 · 114th Congress · May 6, 2015 · Lineage

A BILL

Section 1 Limitation on authority of Secretary of Energy to approve certain LNG terminal proposals

Section 3(e) of the Natural Gas Act (15 U.S.C. 717b(e)) is amended—
(1)
by striking “(e)(1) The Commission” and inserting the following:

“(e) LNG terminals

“(1) Authority of Commission

“(A) In general—Subject to paragraph (5), the Commission”

(2)
in paragraph (1), in the second sentence, by striking “Except as” and inserting the following:

“(B) No effect on other Federal authority—Except as”

(3)
in paragraph (2)—
(A)
by indenting subparagraphs (A) through (D) appropriately; and
(B)
by striking “(2) Upon” and inserting the following:

“(2) Hearing and determination—On”

(4)
in paragraph (3)—
(A)
by striking “(3)(A) Except as provided in subparagraph (B)” and inserting the following:

“(3) Action on approval

“(A) In general—Except as provided in subparagraph (B) and paragraph (5)”

(B)
in subparagraph (B)—
(i)
in clause (ii), by indenting subclauses (I) through (III) appropriately;
(ii)
by indenting clauses (i) and (ii) appropriately; and
(iii)
by striking “(B) Before” and inserting the following:

“(B) Requirements before 2015—Before”

(C)
in subparagraph (C), by striking “(C) Subparagraph (B)” and inserting the following:

“(C) Sunset—Subparagraph (B)”

(5)
in paragraph (4), by striking “(4) An order” and inserting the following:

“(4) Protection of existing customers—An order”

(6)
by adding at the end the following:

“(5) Authority of Secretary of Energy over certain proposals

“(A) Definitions—In this paragraph:

“(i) Additional export proposal—The term additional export proposal means any proposal submitted to the Secretary by a new or existing LNG terminal—

“(I) to initiate the export of natural gas to a foreign country, with respect to an LNG terminal that does not so export natural gas as of the date of submission of the proposal; or

“(II) to increase the quantity of natural gas exported to a foreign country by the LNG terminal, with respect to an LNG terminal that exports natural gas as of the date of submission of the proposal.

“(ii) Secretary—The term Secretary means the Secretary of Energy, acting through the Assistant Secretary for Fossil Energy pursuant to sections 301(b) and 402(f) of the Department of Energy Organization Act (42 U.S.C. 7151(b), 7172(f)).

“(B) Limitation

“(i) In general—Notwithstanding part 590 of title 10, Code of Federal Regulations (or successor regulations), or any other provision of law (including regulations), effective beginning on the date described in clause (ii), the Secretary may not take into consideration or approve any additional export proposal.

“(ii) Description of date—The date referred to in clause (i) is the date on which the Secretary determines that the total quantity of natural gas cumulatively exported by fully permitted LNG terminals is at least equal to 8 billion cubic feet per day.”