ConocoPhillips Company; Application for Blanket Authorization To Export Liquefied Natural Gas, 46990-46991 [E9-21996]
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Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Notices
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cprice-sewell on DSK2BSOYB1PROD with NOTICES
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Abstract: This initiative involves
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• Increase state capacity to support
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15:23 Sep 11, 2009
Jkt 217001
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[FR Doc. E9–22034 Filed 9–11–09; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
[FE Docket No. 09–92–LNG]
ConocoPhillips Company; 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 31, 2009 by
ConocoPhillips Company
(ConocoPhillips), requesting blanket
authorization to 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 500 Billion cubic feet (Bcf) of natural
gas to the United Kingdom, Belgium,
Spain, Portugal, Turkey, Brazil,
Argentina, Chile, Mexico, the
Dominican Republic, Japan, South
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Fmt 4703
Sfmt 4703
Korea, India, China, Taiwan, France,
and/or Italy, as well as any country with
the capacity to import ocean-going LNG,
with which trade is not prohibited by
U.S. law or policy. ConocoPhillips seeks
to export the LNG 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), DOE Delegation Order No. 00–
002.00G (Jan. 29, 2007) and DOE
Redelegation Order No. 00–002.04D
(Nov. 6, 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 14, 2009.
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
ConocoPhillips is a Delaware
corporation with its principal place of
business in Houston, Texas.
ConocoPhillips is an independent
producer and seller of natural gas and
an importer of LNG into the U.S.
ConocoPhillips requests that the
proposed authorization to export LNG
requested herein be applicable to
exports from the Freeport LNG
Development, L.P. (FLNG) terminal.
FLNG has previously received
authorization from the Federal Energy
Regulatory Commission (FERC) 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
E:\FR\FM\14SEN1.SGM
14SEN1
Federal Register / Vol. 74, No. 176 / Monday, September 14, 2009 / Notices
pipeline.1 On July 1, 2008, FERC issued
a letter Order granting FLNG’s request to
commence service at its Quintana Island
import terminal. FLNG also received
FERC authorization to modify its
facilities so as to enable exports of LNG
in addition to imports of LNG.2
ConocoPhillips has a long-term terminal
use agreement with FLNG for 0.9 Bcf
per day of LNG storage and
regasification capacity. No additional
facility modifications will be required to
enable ConocoPhillips to also export
LNG from the FLNG terminal.
On July 24, 2009, FE granted
ConocoPhillips blanket authorization to
import up to 500 Bcf of LNG from
various international sources for a twoyear term which began on August 1,
2009 and extends through July 30,
2011.3
Current Application
In the instant application,
ConocoPhillips is seeking blanket
authorization to export LNG over a twoyear period, on a short-term or spot
market basis, in an amount up to the
equivalent of 500 Bcf of natural gas,
which has been imported into the U.S.
ConocoPhillips is seeking this
authorization so that it may sell in nonU.S. markets any LNG it has previously
imported should U.S. market prices not
support the sale of such imported LNG
domestically.
cprice-sewell on DSK2BSOYB1PROD with NOTICES
Public Interest Considerations
In support of its application,
ConocoPhillips 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 should U.S.
market conditions change.
ConocoPhillips 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. Additionally,
ConocoPhillips states that granting the
requested authorization would make the
importation of LNG into the U.S. more
1 Freeport LNG Development, L.P., Order Granting
Authorization Under Section 3 of the Natural Gas
Act, 107 FERC ¶ 61,278 (2004); Order Granting
Requests for Rehearing and Clarification, 108 FERC
¶ 61,253 (2004); and Order Amending Section 3
Authorization, 112 FERC ¶ 61,194 (2005).
2 See Freeport LNG Development, L.P., 127 FERC
¶ 61,105 (2009); Sabine Pass LNG, L.P., 127 FERC
¶ 61,200 (2009).
3 ConocoPhillips Company, DOE/FE Order No.
2673, issued July 24, 2009.
VerDate Nov<24>2008
15:23 Sep 11, 2009
Jkt 217001
attractive because, once imported,
ConocoPhillips will have the option of
either selling into U.S. markets or
exporting to other markets based upon
prevailing market conditions.
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–
002.04D (Nov. 6, 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.
ConocoPhillips asserts the proposed
authorization is in the public interest.
Under section 3 of the Natural Gas Act,
as amended, an LNG export from the
U.S. 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.
Additionally, 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
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
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Fmt 4703
Sfmt 4703
46991
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 additional procedures are
adopted, 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
ConocoPhillips Company 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 8,
2009.
Robert F. Corbin,
Manager, Natural Gas Regulatory Activities,
Office of Oil and Gas Global Security and
Supply, Office of Fossil Energy.
[FR Doc. E9–21996 Filed 9–11–09; 8:45 am]
BILLING CODE 6450–01–P
E:\FR\FM\14SEN1.SGM
14SEN1
Agencies
[Federal Register Volume 74, Number 176 (Monday, September 14, 2009)]
[Notices]
[Pages 46990-46991]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21996]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
[FE Docket No. 09-92-LNG]
ConocoPhillips Company; 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 31,
2009 by ConocoPhillips Company (ConocoPhillips), requesting blanket
authorization to 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 500 Billion
cubic feet (Bcf) of natural gas to the United Kingdom, Belgium, Spain,
Portugal, Turkey, Brazil, Argentina, Chile, Mexico, the Dominican
Republic, Japan, South Korea, India, China, Taiwan, France, and/or
Italy, as well as any country with the capacity to import ocean-going
LNG, with which trade is not prohibited by U.S. law or policy.
ConocoPhillips seeks to export the LNG 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), DOE Delegation Order No. 00-002.00G (Jan. 29,
2007) and DOE Redelegation Order No. 00-002.04D (Nov. 6, 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 14, 2009.
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
ConocoPhillips is a Delaware corporation with its principal place
of business in Houston, Texas. ConocoPhillips is an independent
producer and seller of natural gas and an importer of LNG into the U.S.
ConocoPhillips requests that the proposed authorization to export LNG
requested herein be applicable to exports from the Freeport LNG
Development, L.P. (FLNG) terminal. FLNG has previously received
authorization from the Federal Energy Regulatory Commission (FERC) 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
[[Page 46991]]
pipeline.\1\ On July 1, 2008, FERC issued a letter Order granting
FLNG's request to commence service at its Quintana Island import
terminal. FLNG also received FERC authorization to modify its
facilities so as to enable exports of LNG in addition to imports of
LNG.\2\ ConocoPhillips has a long-term terminal use agreement with FLNG
for 0.9 Bcf per day of LNG storage and regasification capacity. No
additional facility modifications will be required to enable
ConocoPhillips to also export LNG from the FLNG 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 Requests for Rehearing and Clarification, 108 FERC ]
61,253 (2004); and Order Amending Section 3 Authorization, 112 FERC
] 61,194 (2005).
\2\ See Freeport LNG Development, L.P., 127 FERC ] 61,105
(2009); Sabine Pass LNG, L.P., 127 FERC ] 61,200 (2009).
---------------------------------------------------------------------------
On July 24, 2009, FE granted ConocoPhillips blanket authorization
to import up to 500 Bcf of LNG from various international sources for a
two-year term which began on August 1, 2009 and extends through July
30, 2011.\3\
---------------------------------------------------------------------------
\3\ ConocoPhillips Company, DOE/FE Order No. 2673, issued July
24, 2009.
---------------------------------------------------------------------------
Current Application
In the instant application, ConocoPhillips 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 500 Bcf of
natural gas, which has been imported into the U.S. ConocoPhillips is
seeking this authorization so that it may sell in non-U.S. markets any
LNG it has previously imported should U.S. market prices not support
the sale of such imported LNG domestically.
Public Interest Considerations
In support of its application, ConocoPhillips 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 should U.S. market conditions change.
ConocoPhillips 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. Additionally, ConocoPhillips states
that granting the requested authorization would make the importation of
LNG into the U.S. more attractive because, once imported,
ConocoPhillips will have the option of either selling into U.S. markets
or exporting to other markets based upon prevailing market conditions.
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. 00-002.04D (Nov. 6, 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.
ConocoPhillips asserts the proposed authorization is in the public
interest. Under section 3 of the Natural Gas Act, as amended, an LNG
export from the U.S. 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.
Additionally, 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 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 additional procedures are adopted, 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 ConocoPhillips Company 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 8, 2009.
Robert F. Corbin,
Manager, Natural Gas Regulatory Activities, Office of Oil and Gas
Global Security and Supply, Office of Fossil Energy.
[FR Doc. E9-21996 Filed 9-11-09; 8:45 am]
BILLING CODE 6450-01-P