Freeport LNG Development, L.P.; Application for Blanket Authorization To Export Liquefied Natural Gas, 52650-52652 [E8-20991]

Download as PDF 52650 Federal Register / Vol. 73, No. 176 / Wednesday, September 10, 2008 / Notices placed into service during the second quarter of 2009. On January 29, 2007, FE granted CMI blanket authorization to import LNG from various international sources for a two-year term beginning on January 29, 2007.2 Current Application In the instant application, CMI is seeking blanket authorization to export LNG that has been imported into the United States over a two-year period, on a short-term or spot market basis, in an amount up to the equivalent of 64 Bcf of natural gas. pwalker on PROD1PC71 with NOTICES Public Interest Considerations In support of its application, CMI states that there is no domestic reliance on the LNG that it seeks to export. It indicates that the gas which it seeks to export is restricted to foreign sourced LNG. CMI adds that, due to global LNG market conditions, U.S. natural gas demand and prices do not currently support the importation of LNG into the U.S., and the export authorization sought herein would provide U.S. gas consumers two principal benefits: (1) It would foster the continuing operation of U.S. energy infrastructure by enabling the applicant to economically import LNG for the maintenance and continual operation of the Sabine Pass facilities during periods when market conditions may not otherwise favor deliveries of LNG into the U.S.; and (2) to the extent imported LNG may be needed to meet U.S. gas demand, the authorization would help to ensure that such supply is available and ready for delivery to U.S. markets. CMI, therefore, asserts in its application that a grant of the proposed authorization would not reduce U.S. natural gas supplies but would actually increase domestic supplies because it would encourage CMI to obtain and store spot-market LNG cargoes, making it available to supply domestic markets when conditions support it, thereby also serving to moderate U.S. natural gas prices. DOE/FE Evaluation This export application will be reviewed pursuant to section 3 of the Natural Gas Act, as amended, and the authority contained in DOE Delegation Order No. 00–002.00G (Jan. 29, 2007) and DOE Redelegation Order No. 00– 002.04C (Jan. 30, 2007). In reviewing this LNG export application, DOE will consider domestic need for the gas, as well as any other issues determined to 2 Cheniere Marketing, Inc., DOE/FE Order No. 2327, issued January 29, 2007. VerDate Aug<31>2005 16:52 Sep 09, 2008 Jkt 214001 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. CMI asserts the proposed authorization is in the public interest. Under section 3 of the Natural Gas Act, as amended, an LNG export from the United States to a foreign country must be authorized unless ‘‘the proposed exportation will not be consistent with the public interest.’’ Section 3 thus creates a statutory presumption in favor of approval of this application, and parties opposing the authorization bear the burden of overcoming this presumption. 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, motion to intervene or notice of intervention and written comments, as provided in DOE’s regulations at 10 CFR section 590.301, et seq. Any person wishing to become a party to the proceeding and to have their written comments considered as a basis for any decision on the application must file a motion to intervene or notice of intervention, as applicable. The filing of a protest with respect to the application will not serve to make the 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, motions to intervene, notices of intervention, and written comments must meet the requirements specified by the regulations in 10 CFR part 590. Protests, motions to intervene, notices of intervention, requests for additional procedures, and written comments should be filed with the Office of Oil and Gas Global Security and Supply at the address listed above. 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. A party seeking intervention may request PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 that additional procedures be provided, such as additional written comments, an oral presentation, a conference, or trialtype hearing. Any request to file additional written comments should explain why they are necessary. Any request for an oral presentation should identify the substantial question of fact, law, or policy at issue, show that it is material and relevant to a decision in the proceeding, and demonstrate why an oral presentation is needed. Any request for a conference should demonstrate why the conference would materially advance the proceeding. Any request for a trial-type hearing must show that there are factual issues genuinely in dispute that are relevant and material to a decision and that a trial-type hearing is necessary for a full and true disclosure of the facts. 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. The application filed by Cheniere Marketing, Inc. is available for inspection and copying in the Office of Oil and Gas Global Security and Supply docket room, 3E–042, at the above address. The docket room is open between the hours of 8 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. The application is also available electronically by going to the following Web address: https:// www.fe.doe.gov/programs/ gasregulation/. Issued in Washington, DC, on September 4, 2008. Robert F. Corbin, Manager, Natural Gas Regulatory Activities, Office of Oil and Gas Global Security and Supply, Office of Fossil Energy. [FR Doc. E8–21059 Filed 9–9–08; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY [FE Docket No. 08–70–LNG] Freeport LNG Development, L.P.; Application for Blanket Authorization To Export Liquefied Natural Gas Office of Fossil Energy, DOE. Notice of Application. AGENCY: ACTION: SUMMARY: The Office of Fossil Energy (FE) of the Department of Energy (DOE) gives notice of receipt of an application filed on August 1, 2008 by Freeport LNG Development, L.P. (Freeport LNG), requesting blanket authorization to E:\FR\FM\10SEN1.SGM 10SEN1 Federal Register / Vol. 73, No. 176 / Wednesday, September 10, 2008 / Notices pwalker on PROD1PC71 with NOTICES export liquefied natural gas (LNG) that previously had been imported from foreign sources on their own behalf or as agent for others on a short-term or spot market basis from existing facilities on Quintana Island, Texas in an amount up to the equivalent of 24 Billion cubic feet (Bcf) of natural gas to the United Kingdom, Belgium, Spain, France, Italy, Japan, South Korea, India, China, and/ or Taiwan over a two-year period commencing on the date of the authorization. The application is filed under section 3 of the Natural Gas Act (15 U.S.C. 717b), as amended by section 201 of the Energy Policy Act of 1992 (Pub. L. 102– 486), and DOE Delegation Order No. 00– 002.00G (Jan. 29, 2007) and DOE Redelegation Order No. 00–002.04C (Jan. 30, 2007). Protests, motions to intervene, notices of intervention, and written comments are invited. DATES: Protests, motions to intervene or notices of intervention, as applicable, requests for additional procedures, and written comments are to be filed at the address listed below no later than 4:30 p.m., eastern time, October 10, 2008. ADDRESSES: U.S. Department of Energy (FE–34), Office of Oil and Gas Global Security and Supply, Office of Fossil Energy, Forrestal Building, Room 3E– 042, 1000 Independence Avenue, SW., Washington, DC 20585. FOR FURTHER INFORMATION CONTACT: Larine Moore or Beverly Howard, U.S. Department of Energy (FE–34), Office of Oil and Gas Global Security and Supply, Office of Fossil Energy, Forrestal Building, Room 3E–042, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586– 9478; (202) 586–9387. Edward Myers, U.S. Department of Energy, Office of the Assistant General Counsel for Fossil Energy and Energy Efficiency, Forrestal Building, Room 6B–159, 1000 Independence Ave. SW., Washington, DC 20585, (202) 586–3397. SUPPLEMENTARY INFORMATION: Background Freeport LNG is a Delaware limited partnership with one general partner, Freeport LNG–GP, Inc., a Delaware corporation, which is owned 50% by an individual, Michael S. Smith, and 50% by ConocoPhillips Company. Freeport LNG’s limited partners are: (1) Freeport LNG Investments, LLLP, a Delaware limited liability limited partnership, which owns a 45% limited partnership interest in Freeport LNG; (2) Cheniere FLNG, L.P., a Delaware limited partnership, which owns a 30% limited partnership interest in Freeport LNG; (3) VerDate Aug<31>2005 16:52 Sep 09, 2008 Jkt 214001 Texas LNG Holdings LLC, a Delaware limited liability company and whollyowned subsidiary of The Dow Chemical Company, which owns a 15% limited partnership interest in Freeport LNG; and (4) Turbo LNG LLC, a Delaware limited liability company and whollyowned subsidiary of Osaka Gas Co., Ltd., which owns a 10% limited partnership interest in Freeport LNG. The Federal Energy Regulatory Commission (FERC) has authorized Freeport LNG to site, construct and operate a new LNG import, storage, and vaporization terminal on Quintana Island, Texas and an associated 9.6-mile long send-out pipeline which will be utilized to import up to 1.55 Bcf per day of LNG.1 On July 1, 2008, FERC issued a letter Order granting Freeport LNG’s request to commence service at its Quintana Island import terminal. On January 15, 2008, FE granted Freeport LNG blanket authorization to import up to 30 Bcf of LNG from various international sources for a two-year term beginning March 1, 2008.2 Current Application In the instant application, Freeport LNG is seeking blanket authorization to export LNG over a two-year period, on a short-term or spot market basis, in an amount up to the equivalent of 24 Bcf of natural gas, that has been imported into the United States. Freeport LNG is seeking this authorization so that it may sell in non-U.S. markets any imported LNG that is not required for the operation of its facilities should U.S. market prices not support the sale of such imported LNG domestically. Public Interest Considerations In support of its application, Freeport LNG states that there is no domestic reliance on the LNG that it seeks to export. Due to global LNG market conditions, U.S. natural gas demand and prices do not currently support the importation of LNG into the U.S., and export authorization is needed in order to enable the applicant to economically import LNG for the maintenance and continual operation of the Freeport LNG facilities. Freeport LNG also states in its application that local natural gas supplies will not be reduced. The applicant states that it intends to export only foreign sourced LNG, and does not 1 Freeport LNG Development, L.P., Order Granting Authorization Under Section 3 of the Natural Gas Act, 107 FERC ¶ 61,278 (2004), Order Granting Rehearing and Clarification, 108 FERC ¶ 61,253 (2004); Order Amending Section 3 Authorization, 112 FERC ¶ 61,194 (2005). 2 Freeport LNG Development L.P., DOE/FE Order No. 2457, issued January 15, 2008. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 52651 intend to export domestically produced natural gas. Further, the applicant states that U.S. natural gas supplies would actually increase if the requested authorization were granted, since the boil-off gas from any LNG cargoes delivered to the Freeport LNG terminal would be sold into U.S. markets. Additionally, granting of the requested authorization would encourage Freeport LNG to obtain and store spot-market LNG cargoes, making it available to supply local markets when conditions support it, thereby serving to moderate U.S. natural gas price volatility. DOE/FE Evaluation This export application will be reviewed pursuant to section 3 of the Natural Gas Act, as amended, and the authority contained in DOE Delegation Order No. 00–002.00G (Jan. 29, 2007) and DOE Redelegation Order No. 00– 002.04C (Jan. 30, 2007). In reviewing this LNG export application, DOE will consider domestic need for the 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. Freeport LNG asserts the proposed authorization is in the public interest. Under section 3 of the Natural Gas Act, as amended, an LNG export from the United States to a foreign country must be authorized unless ‘‘the proposed exportation will not be consistent with the public interest.’’ Section 3 thus creates a statutory presumption in favor of approval of this application, and parties opposing the authorization bear the burden of overcoming this presumption. 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, motion to intervene or notice of intervention, as applicable, and written comments. Any person wishing to become a party to the proceeding and to have their written comments considered as a basis for any decision on the application must file a motion to intervene or notice of intervention, as applicable. The filing of E:\FR\FM\10SEN1.SGM 10SEN1 pwalker on PROD1PC71 with NOTICES 52652 Federal Register / Vol. 73, No. 176 / Wednesday, September 10, 2008 / Notices a protest with respect to the application will not serve to make the 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, motions to intervene, notices of intervention, and written comments must meet the requirements specified by the regulations in 10 CFR part 590. Protests, motions to intervene, notices of intervention, requests for additional procedures, and written comments should be filed with the Office of Oil and Gas Global Security and Supply at the address listed above. 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. A party seeking intervention may request that additional procedures be provided, such as additional written comments, an oral presentation, a conference, or trialtype hearing. Any request to file additional written comments should explain why they are necessary. Any request for an oral presentation should identify the substantial question of fact, law, or policy at issue, show that it is material and relevant to a decision in the proceeding, and demonstrate why an oral presentation is needed. Any request for a conference should demonstrate why the conference would materially advance the proceeding. Any request for a trial-type hearing must show that there are factual issues genuinely in dispute that are relevant and material to a decision and that a trial-type hearing is necessary for a full and true disclosure of the facts. 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. The application filed by Freeport LNG Development, L.P. is available for inspection and copying in the Office of Oil and Gas Global Security and Supply docket room, 3E–042, at the above address. The docket room is open between the hours of 8 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. The application is also available electronically by going to the following Web address: https:// www.fe.doe.gov/programs/ gasregulation/. VerDate Aug<31>2005 16:52 Sep 09, 2008 Jkt 214001 Issued in Washington, DC, on September 4, 2008. Robert F. Corbin, Manager, Natural Gas Regulatory Activities, Office of Oil and Gas Global Security and Supply, Office of Fossil Energy. [FR Doc. E8–20991 Filed 9–9–08; 8:45 am] BILLING CODE 6450–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OAR–2003–0215, 2004–0196, 2004–0453, 2001–0005, 2004–0233, 2002– 0089 FRL–8712–6] Agency Information Collection Activities: Proposed Collection; Comment Request; Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills; National Emission Standards for Inorganic Arsenic Emissions From Primary Copper Smelters; National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins; National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins; National Emission Standards for Hazardous Air Pollutants: Manufacturing of Nutritional Yeast; National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501, et seq.), this document announces that EPA is planning to submit a request to reinstate two previously approved Information Collection Requests (ICR) and four new ICR to the Office of Management and Budget (OMB). Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before November 10, 2008. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/courier service. Follow the detailed instructions as provided under SUPPLEMENTARY INFORMATION, section A. FOR FURTHER INFORMATION CONTACT: The contact individuals for each ICR are listed under SUPPLEMENTARY INFORMATION, section II.C. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 I. Docket and Comment Information/ Instructions A. How Can I Access the Docket and/ or Submit Comments? 1. Docket Access Instructions EPA has established a public docket for the ICR listed in the SUPPLEMENTARY INFORMATION, section II.B. The docket is available for online viewing at https:// www.regulations.gov, or in-person viewing at the Enforcement and Compliance Docket and Information Center (ECDIC), in the EPA Docket Center, EPA West Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566–1744, and the telephone number for the ECDIC docket is (202) 566–1752. Use www.regulations.gov to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. When in the system, select ‘‘search,’’ then key in the docket ID number identified in this document. 2. Instructions for submitting comments Submit your comments by one of the following methods: (a) Electronic Submission: Access www.regulations.gov and follow the online instructions for submitting comments. (b) E-mail: a-and-r-Docket@epa.gov. (c) Fax: (202) 566–9744. (d) Mail: Information Collection Request, Environmental Protection Agency, Mailcode: 2822, 1200 Pennsylvania Ave., NW., Washington, DC 20460. (e) Hand Delivery: EPA Docket Center, Public Reading Room, EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20004. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Direct your comments to the specific docket listed in SUPPLEMENTARY INFORMATION, section II.B, and reference the OMB Control Number for the ICR. It is EPA’s policy that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be confidential business E:\FR\FM\10SEN1.SGM 10SEN1

Agencies

[Federal Register Volume 73, Number 176 (Wednesday, September 10, 2008)]
[Notices]
[Pages 52650-52652]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20991]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

[FE Docket No. 08-70-LNG]


Freeport LNG Development, L.P.; Application for Blanket 
Authorization To Export Liquefied Natural Gas

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of Application.

-----------------------------------------------------------------------

SUMMARY: The Office of Fossil Energy (FE) of the Department of Energy 
(DOE) gives notice of receipt of an application filed on August 1, 2008 
by Freeport LNG Development, L.P. (Freeport LNG), requesting blanket 
authorization to

[[Page 52651]]

export liquefied natural gas (LNG) that previously had been imported 
from foreign sources on their own behalf or as agent for others on a 
short-term or spot market basis from existing facilities on Quintana 
Island, Texas in an amount up to the equivalent of 24 Billion cubic 
feet (Bcf) of natural gas to the United Kingdom, Belgium, Spain, 
France, Italy, Japan, South Korea, India, China, and/or Taiwan over a 
two-year period commencing on the date of the authorization.
    The application is filed under section 3 of the Natural Gas Act (15 
U.S.C. 717b), as amended by section 201 of the Energy Policy Act of 
1992 (Pub. L. 102-486), and DOE Delegation Order No. 00-002.00G (Jan. 
29, 2007) and DOE Redelegation Order No. 00-002.04C (Jan. 30, 2007). 
Protests, motions to intervene, notices of intervention, and written 
comments are invited.

DATES: Protests, motions to intervene or notices of intervention, as 
applicable, requests for additional procedures, and written comments 
are to be filed at the address listed below no later than 4:30 p.m., 
eastern time, October 10, 2008.

ADDRESSES: U.S. Department of Energy (FE-34), Office of Oil and Gas 
Global Security and Supply, Office of Fossil Energy, Forrestal 
Building, Room 3E-042, 1000 Independence Avenue, SW., Washington, DC 
20585.

FOR FURTHER INFORMATION CONTACT: 
Larine Moore or Beverly Howard, U.S. Department of Energy (FE-34), 
Office of Oil and Gas Global Security and Supply, Office of Fossil 
Energy, Forrestal Building, Room 3E-042, 1000 Independence Avenue, SW., 
Washington, DC 20585, (202) 586-9478; (202) 586-9387.
Edward Myers, U.S. Department of Energy, Office of the Assistant 
General Counsel for Fossil Energy and Energy Efficiency, Forrestal 
Building, Room 6B-159, 1000 Independence Ave. SW., Washington, DC 
20585, (202) 586-3397.

SUPPLEMENTARY INFORMATION:

Background

    Freeport LNG is a Delaware limited partnership with one general 
partner, Freeport LNG-GP, Inc., a Delaware corporation, which is owned 
50% by an individual, Michael S. Smith, and 50% by ConocoPhillips 
Company. Freeport LNG's limited partners are: (1) Freeport LNG 
Investments, LLLP, a Delaware limited liability limited partnership, 
which owns a 45% limited partnership interest in Freeport LNG; (2) 
Cheniere FLNG, L.P., a Delaware limited partnership, which owns a 30% 
limited partnership interest in Freeport LNG; (3) Texas LNG Holdings 
LLC, a Delaware limited liability company and wholly-owned subsidiary 
of The Dow Chemical Company, which owns a 15% limited partnership 
interest in Freeport LNG; and (4) Turbo LNG LLC, a Delaware limited 
liability company and wholly-owned subsidiary of Osaka Gas Co., Ltd., 
which owns a 10% limited partnership interest in Freeport LNG.
    The Federal Energy Regulatory Commission (FERC) has authorized 
Freeport LNG to site, construct and operate a new LNG import, storage, 
and vaporization terminal on Quintana Island, Texas and an associated 
9.6-mile long send-out pipeline which will be utilized to import up to 
1.55 Bcf per day of LNG.\1\ On July 1, 2008, FERC issued a letter Order 
granting Freeport LNG's request to commence service at its Quintana 
Island import terminal.
---------------------------------------------------------------------------

    \1\ Freeport LNG Development, L.P., Order Granting Authorization 
Under Section 3 of the Natural Gas Act, 107 FERC ] 61,278 (2004), 
Order Granting Rehearing and Clarification, 108 FERC ] 61,253 
(2004); Order Amending Section 3 Authorization, 112 FERC ] 61,194 
(2005).
---------------------------------------------------------------------------

    On January 15, 2008, FE granted Freeport LNG blanket authorization 
to import up to 30 Bcf of LNG from various international sources for a 
two-year term beginning March 1, 2008.\2\
---------------------------------------------------------------------------

    \2\ Freeport LNG Development L.P., DOE/FE Order No. 2457, issued 
January 15, 2008.
---------------------------------------------------------------------------

Current Application

    In the instant application, Freeport LNG is seeking blanket 
authorization to export LNG over a two-year period, on a short-term or 
spot market basis, in an amount up to the equivalent of 24 Bcf of 
natural gas, that has been imported into the United States. Freeport 
LNG is seeking this authorization so that it may sell in non-U.S. 
markets any imported LNG that is not required for the operation of its 
facilities should U.S. market prices not support the sale of such 
imported LNG domestically.

Public Interest Considerations

    In support of its application, Freeport LNG states that there is no 
domestic reliance on the LNG that it seeks to export. Due to global LNG 
market conditions, U.S. natural gas demand and prices do not currently 
support the importation of LNG into the U.S., and export authorization 
is needed in order to enable the applicant to economically import LNG 
for the maintenance and continual operation of the Freeport LNG 
facilities.
    Freeport LNG also states in its application that local natural gas 
supplies will not be reduced. The applicant states that it intends to 
export only foreign sourced LNG, and does not intend to export 
domestically produced natural gas. Further, the applicant states that 
U.S. natural gas supplies would actually increase if the requested 
authorization were granted, since the boil-off gas from any LNG cargoes 
delivered to the Freeport LNG terminal would be sold into U.S. markets. 
Additionally, granting of the requested authorization would encourage 
Freeport LNG to obtain and store spot-market LNG cargoes, making it 
available to supply local markets when conditions support it, thereby 
serving to moderate U.S. natural gas price volatility.

DOE/FE Evaluation

    This export application will be reviewed pursuant to section 3 of 
the Natural Gas Act, as amended, and the authority contained in DOE 
Delegation Order No. 00-002.00G (Jan. 29, 2007) and DOE Redelegation 
Order No. 00-002.04C (Jan. 30, 2007). In reviewing this LNG export 
application, DOE will consider domestic need for the 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.
    Freeport LNG asserts the proposed authorization is in the public 
interest. Under section 3 of the Natural Gas Act, as amended, an LNG 
export from the United States to a foreign country must be authorized 
unless ``the proposed exportation will not be consistent with the 
public interest.'' Section 3 thus creates a statutory presumption in 
favor of approval of this application, and parties opposing the 
authorization bear the burden of overcoming this presumption.
    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, motion 
to intervene or notice of intervention, as applicable, and written 
comments. Any person wishing to become a party to the proceeding and to 
have their written comments considered as a basis for any decision on 
the application must file a motion to intervene or notice of 
intervention, as applicable. The filing of

[[Page 52652]]

a protest with respect to the application will not serve to make the 
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, motions to intervene, notices of intervention, and written 
comments must meet the requirements specified by the regulations in 10 
CFR part 590. Protests, motions to intervene, notices of intervention, 
requests for additional procedures, and written comments should be 
filed with the Office of Oil and Gas Global Security and Supply at the 
address listed above.
    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. 
A party seeking intervention may request that additional procedures be 
provided, such as additional written comments, an oral presentation, a 
conference, or trial-type hearing. Any request to file additional 
written comments should explain why they are necessary. Any request for 
an oral presentation should identify the substantial question of fact, 
law, or policy at issue, show that it is material and relevant to a 
decision in the proceeding, and demonstrate why an oral presentation is 
needed. Any request for a conference should demonstrate why the 
conference would materially advance the proceeding. Any request for a 
trial-type hearing must show that there are factual issues genuinely in 
dispute that are relevant and material to a decision and that a trial-
type hearing is necessary for a full and true disclosure of the facts.
    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.
    The application filed by Freeport LNG Development, L.P. is 
available for inspection and copying in the Office of Oil and Gas 
Global Security and Supply docket room, 3E-042, at the above address. 
The docket room is open between the hours of 8 a.m. and 4:30 p.m., 
Monday through Friday, except Federal holidays. The application is also 
available electronically by going to the following Web address: https://
www.fe.doe.gov/programs/gasregulation/.

    Issued in Washington, DC, on September 4, 2008.
Robert F. Corbin,
Manager, Natural Gas Regulatory Activities, Office of Oil and Gas 
Global Security and Supply, Office of Fossil Energy.
[FR Doc. E8-20991 Filed 9-9-08; 8:45 am]
BILLING CODE 6450-01-P
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