Dominion Cove Point LNG, LP; Application for Blanket Authorization to Export Previously Imported Liquefied Natural Gas, 58488-58490 [2011-24225]

Download as PDF 58488 Federal Register / Vol. 76, No. 183 / Wednesday, September 21, 2011 / Notices Transfer Office, Naval Surface Warfare Center Indian Head Division, Code CAB, 3824 Strauss Avenue, Indian Head, MD 20640–5152, telephone 301–744–6111. Dated: September 13, 2011. J. M. Beal, Lieutenant Commander, Judge Advocate General’s Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. 2011–24183 Filed 9–20–11; 8:45 am] BILLING CODE 3810–FF–P DEPARTMENT OF EDUCATION President’s Advisory Commission on Educational Excellence for Hispanics U.S. Department of Education, White House Initiative on Educational Excellence for Hispanics. ACTION: Notice of an Open Meeting. AGENCY: This notice sets forth the schedule and agenda of the second meeting of the President’s Advisory Commission on Educational Excellence for Hispanics, which is subject to Congressional approval and passage of the fiscal year 2012 budget. The notice also describes the functions of the Commission. Notice of the meeting is required by section 10(a)(2) of the Federal Advisory Committee Act and intended to notify the public of its opportunity to attend. DATES: Thursday, Oct. 6, 2011, and Friday, Oct. 7, 2011. Time: 1–5 p.m., Thursday, Oct. 6, and 9 a.m.–5 p.m., Friday, Oct. 7. ADDRESSES: The Commission will meet at the Eisenhower Executive Office Building (EEOB), in Washington, District of Columbia. Room 430 A–C, 1600 Pennsylvania Avenue, Washington, DC 20202, 202–401–1411. FOR FURTHER INFORMATION CONTACT: Glorimar Maldonado, Chief of Staff, White House Initiative on Educational Excellence for Hispanics, 400 Maryland Ave., SW., Room 4W110, Washington, DC 20202; telephone: 202–401–1411 or 202–401–0078. SUPPLEMENTARY INFORMATION: The President’s Advisory Commission on Educational Excellence for Hispanics (the Commission) is established by Executive Order 13555 (Oct. 19, 2010). The Commission is governed by the provisions of the Federal Advisory Committee Act (FACA), (Pub. L. 92–463; as amended, 5 U.S.C.A., Appendix 2) which sets forth standards for the formation and use of advisory committees. The purpose of the Commission is to advise the President and the Secretary of Education (Secretary) on all matters pertaining to wreier-aviles on DSK7SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:20 Sep 20, 2011 Jkt 223001 the education attainment of the Hispanic community. The Commission shall advise the President and the Secretary in the following areas: (i) Developing, implementing, and coordinating educational programs and initiatives at the Department and other agencies to improve educational opportunities and outcomes for Hispanics of all ages; (ii) increasing the participation of the Hispanic community and HispanicServing Institutions in the Department’s programs and in education programs at other agencies; (iii) engaging the philanthropic, business, nonprofit, and education communities in a national dialogue regarding the mission and objectives of this order; (iv) establishing partnerships with public, private, philanthropic, and nonprofit stakeholders to meet the mission and policy objectives of this order. Agenda The Commission will continue its discussion from the first meeting, including possible strategies to improve education outcomes for Hispanics. Individuals who will need accommodations in order to attend the meeting (e.g., interpreting services, assistive listening devices, or material in alternative format) should notify Glorimar Maldonado, Chief of Staff, White House Initiative on Educational Excellence for Hispanics at 202–401– 1411 or 202–401–0078, no later than Monday, Oct. 3, 2011. We will attempt to meet requests for such accommodations after this date, but cannot guarantee their availability. The meeting site is accessible to individuals with disabilities. Individuals who wish to attend the Commission meetings must RSVP by noon EDT, Friday, Sept. 30, to the White House Initiative staff at 202–453–6347. Due to space limitations, RSVPs are required by the due date. Members of the public must RSVP by the due date. An opportunity for public comment is available throughout the day on Thursday, Oct. 6, 2011, from 1–5 p.m., and Friday, Oct 7, 2011, from 9 a.m. to 5 p.m. Individuals who wish to provide comments will be allowed three minutes to speak. Those members of the public interested in submitting written comments may do so by submitting them to the attention of Glorimar Maldonado, White House Initiative on Educational Excellence for Hispanics, U.S. Department of Education, 400 Maryland Ave., SW., Room 4W110, Washington, DC 20202, by Wednesday, Oct. 5, 2011. The meeting proceedings will be webcast at https:// www.whitehouse.gov/live. PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 Records are kept of all Commission proceedings and are available for public inspection at the office of the White House Initiative on Educational Excellence for Hispanics, U.S. Department of Education, 400 Maryland Ave., SW., Room 4W108, Washington, DC 20202, Monday through Friday (excluding federal holidays) during the hours of 9 a.m. to 5 p.m. Electronic Access to the Document: You may view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF) on the Internet at the following site: https://www.ed.gov/ fedregister/. To use PDF, you must have Adobe Acrobat Reader, which is available free at this site. For questions about using PDF, call the U.S. Government Printing Office (GPO), toll free at 1–866–512–1830; or in the Washington, DC, area at 202–512–0000. Martha Kanter, Under Secretary, Department of Education. [FR Doc. 2011–24153 Filed 9–20–11; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY [FE Docket No. 11–98–LNG] Dominion Cove Point LNG, LP; Application for Blanket Authorization to Export Previously Imported Liquefied Natural Gas Office of Fossil Energy, DOE. Notice of application. AGENCY: ACTION: The Office of Fossil Energy (FE) of the Department of Energy (DOE) gives notice of receipt of an application (Application), filed on August 8, 2011, by Dominion Cove Point LNG, LP (DCP), requesting blanket authorization to export liquefied natural gas (LNG) that previously had been imported into the United States from foreign sources in an amount up to the equivalent of 150 billion cubic feet (Bcf) of natural gas. The LNG would be exported from the Cove Point LNG Terminal (Cove Point Terminal), owned by DCP, in Calvert County, Maryland, to any country with the capacity to import LNG via oceangoing carrier and with which trade is not prohibited by U.S. law or policy. DCP seeks authorization to act as an agent for others who own title to the LNG who will export the LNG over a two-year period commencing on December 1, 2011. The application was filed under section 3 of the Natural Gas Act (NGA). Protests, motions to intervene, notices of intervention, and written comments are invited. SUMMARY: E:\FR\FM\21SEN1.SGM 21SEN1 Federal Register / Vol. 76, No. 183 / Wednesday, September 21, 2011 / Notices Protests, motions to intervene or notices of intervention, as applicable, requests for additional procedures, and written comments are to be filed using procedures detailed in Public Comment Procedures below no later than 4:30 p.m., eastern time, October 21, 2011. ADDRESSES: Electronic Filing on the Federal eRulemaking Portal under FE Docket No. 11–98–LNG: https:// www.regulations.gov. Electronic Filing by e-mail: fergas@hq.doe.gov. Regular Mail: U.S. Department of Energy (FE–34), Office of Natural Gas Regulatory Activities, Office of Fossil Energy, P.O. Box 44375, Washington, DC 20026–4375. Hand Delivery or Private Delivery Services (e.g., FedEx, UPS, etc.) : U.S. Department of Energy (FE–34), Office of Natural Gas Regulatory Activities, Office of Fossil Energy, Forrestal Building, Room 3E–042, 1000 Independence Avenue, SW., Washington, DC 20585. FOR FURTHER INFORMATION CONTACT: Larine Moore or Lisa Tracy, U.S. Department of Energy (FE–34), Office of Natural Gas Regulatory Activities, Office of Fossil Energy, Forrestal Building, Room 3E–042, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586–9478; (202) 586–4523. Edward Myers, U.S. Department of Energy, Office of the Assistant General Counsel for Electricity and Fossil Energy, Forrestal Building, Room 6B– 159, 1000 Independence Ave., SW., Washington, DC 20585, (202) 586–3397. SUPPLEMENTARY INFORMATION: DATES: Background DCP is a Delaware limited partnership with its principal place of business in Lusby, Maryland, and offices in Richmond, Virginia. DCP is the current owner of the Cove Point Terminal. DCP is a subsidiary of Dominion Resources, Inc. (DRI), a producer and transporter of energy. DRI is a corporation organized and existing under the laws of the Commonwealth of Virginia with its principal place of business in Richmond, Virginia. wreier-aviles on DSK7SPTVN1PROD with NOTICES Current Application In the instant application, DCP is seeking blanket authorization to export from its Cove Point Terminal LNG that previously had been imported from foreign sources. DCP seeks authorization to export this LNG to any country with the capacity to import LNG via oceangoing carrier and with which trade is not prohibited by U.S. law over a twoyear period commencing on December 1, 2011, in an amount up to the equivalent of 150 Bcf of natural gas. VerDate Mar<15>2010 15:20 Sep 20, 2011 Jkt 223001 DCP states that it does not seek authorization to export domestically produced LNG or natural gas. DCP also states that it will engage in short-term (or ‘‘blanket’’) re-exports of previously imported LNG. DCP does not intend to hold title to the LNG itself, and is requesting authorization to act as agent on behalf of other entities who themselves hold title to the LNG but will register each such LNG title holder with DOE/FE consistent with registration requirements previously adopted in DOE/FE Order 2986, issued July 19, 2011, which granted blanket export authorization to Freeport LNG Development, L.P. Public Interest Considerations In support of its application, DCP states that pursuant to section 3 of the NGA, FE is required to authorize exports to a foreign country unless there is a finding that such exports ‘‘will not be consistent with the public interest.’’ 1 DCP states that section 3 creates a statutory presumption in favor of a finding that the Application is in the public interest, which opponents bear the burden of overcoming. DCP states further that in reviewing an application to export LNG under section 3, DOE/FE has applied the principles set forth in DOE Delegation Order No. 0204–111, which focuses primarily on the domestic need for the gas to be exported. DCP asserts that DOE/FE has issued numerous recent blanket authorizations to re-export previously imported LNG, which cite evidence that indicates that consumers in the United States presently have access to substantial quantities of natural gas sufficient to meet domestic demand from multiple other sources at competitive prices without the LNG sought to be exported. Specifically, DCP asserts that DOE/FE Order 2986, issued July 19, 2011, which granted blanket authorization to Freeport LNG Development, L.P. to export LNG that previously had been imported from foreign sources, concluded that ‘‘the evidence of record indicates that United States consumers continue to have access to substantial quantities of natural gas sufficient to meet domestic demand from multiple other sources at competitive prices without drawing on the LNG which Freeport LNG seeks to export.’’ 2 In addition, DCP notes that a DOE/FE review of the most recent data and analysis prepared by the Energy Information Administration (EIA) shows 1 15 U.S.C. 717b.(a). LNG Development, L.P., FE 11–51– LNG, DOE/FE Opinion and Order No. 2986 at 7. an increasing volume of shale gas production compared to the data and projections referenced in Dow Chemical Company, DOE/FE Order No 2859 (October 5, 2010), highlighting EIA’s more recent projections of rising gas production as published in the Annual Energy Outlook 2011. Based on these findings, DCP asserts that the evidence clearly shows that U.S. consumers have access to substantial supplies of natural gas that will meet demand without the foreign-sourced LNG which DCP proposes to re-export. DCP states that its application seeks only to re-export foreign-sourced LNG that has been imported and stored at the Cove Point LNG Terminal, and does not propose to export domestically produced natural gas. DCP states that the additional flexibility to re-export previously imported LNG will provide additional flexibility to its customers and should encourage the continued importation of LNG into the United States. DCP also states that re-exports of previously imported LNG will allow the Cove Point Terminal to remain in a cooled-down state so that it is operationally capable of providing DCP’s certificated services. DCP states that granting the requested export authorization will not diminish domestically-produced natural gas supplies. Further details can be found in the Application, which has been posted at https://www.fe.doe.gov/programs/gas regulation/. Environmental Impact DCP states that its requested LNG export authorization does not require the construction of any new facilities (or modifications to any existing facilities) at the Cove Point Terminal except for the conversion of six check valves located on the pier, which would allow ships to both load and unload at the terminal. In addition, DCP would modify its computer software for Emergency Shutdown to include loading operations and prepare a loading procedure for the U.S. Coast Guard. DCP states that exports of LNG from the Cove Point Terminal would not increase ship traffic beyond the number already stated in the U.S. Coast Guard Letter of Recommendation and Waterway Suitability Report issued for the Cove Point Terminal. DCP states that approval of the Application would not constitute a federal action significantly affecting the human environment under the National Environmental Policy Act (NEPA).3 2 Freeport PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 58489 3 42 E:\FR\FM\21SEN1.SGM U.S.C. 4321 et seq. 21SEN1 58490 Federal Register / Vol. 76, No. 183 / Wednesday, September 21, 2011 / Notices DCP states that it plans in the near future to file an application with the Federal Energy Regulatory Commission (FERC) for the necessary authorization to allow for the re-export of foreignsourced LNG from the Cove Point Terminal. DCP acknowledges that the requested authorization to be issued by DOE/FE would not take effect until FERC has completed its NEPA review and has granted DCP authorization for the re-export of LNG at the Cove Point facility. DCP requests that DOE/FE issue a conditional order authorizing the reexport of LNG from the Cove Point Terminal conditioned on completion of the environmental review and subsequent authorization by FERC. wreier-aviles on DSK7SPTVN1PROD with NOTICES DOE/FE Evaluation This export application will be reviewed pursuant to section 3 of the NGA, as amended, and the authority contained in DOE Delegation Order No. 00–002.00L (April 29, 2011) and DOE Redelegation Order No. 00–002.04E (April 29, 2011). 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. NEPA 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, comments, or a motion to intervene or notice of intervention, as applicable. Any person wishing to become a party to the proceeding must file a motion to intervene or notice of intervention, as applicable. The filing of comments or a protest with respect to the Application will not serve to make the commenter or 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, comments, motions to intervene or notices of intervention must meet the requirements specified by the regulations in 10 CFR part 590. Filings may be submitted using one of the following methods: (1) Submitting VerDate Mar<15>2010 15:20 Sep 20, 2011 Jkt 223001 comments in electronic form on the Federal eRulemaking Portal at https:// www.regulations.gov§ , by following the on-line instructions and submitting such comments under FE Docket No. 11–98-LNG. DOE/FE suggests that electronic filers carefully review information provided in their submissions and include only information that is intended to be publicly disclosed; (2) e-mailing the filing to fergas@hq.doe.gov, with FE Docket No. 11–98–LNG in the title line; (3) mailing an original and three paper copies of the filing to the Office Natural Gas Regulatory Activities at the address listed in ADDRESSES; or (4) hand delivering an original and three paper copies of the filing to the Office of Natural Gas Regulatory Activities at the address listed in ADDRESSES. 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 DCP is available for inspection and copying in the Office of Natural Gas Regulatory Activities docket room, Room 3E–042, 1000 Independence Avenue, SW., Washington, DC 20585. The docket room is open between the hours of 8 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. The PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 Application and any filed protests, motions to intervene or notice of interventions, and comments will also be available electronically by going to the following DOE/FE Web address: https://www.fe.doe.gov/programs/gas regulation/. In addition, any electronic comments filed will also be available at: https://www.regulations.gov. Issued in Washington, DC, on September 14, 2011. John A. Anderson, Manager, Natural Gas Regulatory Activities, Office of Oil and Gas Global Security and Supply, Office of Fossil Energy. [FR Doc. 2011–24225 Filed 9–20–11; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 Take notice that the Commission received the following electric rate filings: Docket Numbers: ER10–2283–001. Applicants: Midwest Independent Transmission System Operator, Inc. Description: Midwest Independent Transmission System Operator, Inc. submits tariff filing per 35: 09–13–11 SECA to be effective 7/28/2010. Filed Date: 09/13/2011. Accession Number: 20110913–5113. Comment Date: 5 p.m. Eastern Time on Tuesday, October 04, 2011. Docket Numbers: ER11–4186–001. Applicants: Wolverine Power Supply Cooperative, Inc., Midwest Independent Transmission System Operator, Inc. Description: Wolverine Power Supply Cooperative, Inc. submits tariff filing per 35.17(b): Wolverine-Monterey Amendment to be effective 1/14/2011. Filed Date: 09/13/2011. Accession Number: 20110913–5108. Comment Date: 5 p.m. Eastern Time on Tuesday, October 04, 2011. Docket Numbers: ER11–4510–000. Applicants: Pacific Power (Previously Pacificorp, PA) Description: PacifiCorp submits their Average System Cost filing for sale of electric power to the Bonneville Power Administration for Fiscal Year 2012– 2013. Filed Date: 09/12/2011. Accession Number: 20110913–0201. Comment Date: 5 p.m. Eastern Time on Monday, October 03, 2011. Docket Numbers: ER11–4511–000. Applicants: Avista Corporation. Description: Avista Corp submits the Average System Cost filing for sales of E:\FR\FM\21SEN1.SGM 21SEN1

Agencies

[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Notices]
[Pages 58488-58490]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24225]


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DEPARTMENT OF ENERGY

[FE Docket No. 11-98-LNG]


Dominion Cove Point LNG, LP; Application for Blanket 
Authorization to Export Previously Imported 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 (Application), filed on 
August 8, 2011, by Dominion Cove Point LNG, LP (DCP), requesting 
blanket authorization to export liquefied natural gas (LNG) that 
previously had been imported into the United States from foreign 
sources in an amount up to the equivalent of 150 billion cubic feet 
(Bcf) of natural gas. The LNG would be exported from the Cove Point LNG 
Terminal (Cove Point Terminal), owned by DCP, in Calvert County, 
Maryland, to any country with the capacity to import LNG via ocean-
going carrier and with which trade is not prohibited by U.S. law or 
policy. DCP seeks authorization to act as an agent for others who own 
title to the LNG who will export the LNG over a two-year period 
commencing on December 1, 2011. The application was filed under section 
3 of the Natural Gas Act (NGA). Protests, motions to intervene, notices 
of intervention, and written comments are invited.

[[Page 58489]]


DATES: Protests, motions to intervene or notices of intervention, as 
applicable, requests for additional procedures, and written comments 
are to be filed using procedures detailed in Public Comment Procedures 
below no later than 4:30 p.m., eastern time, October 21, 2011.

ADDRESSES: Electronic Filing on the Federal eRulemaking Portal under FE 
Docket No. 11-98-LNG: https://www.regulations.gov.
    Electronic Filing by e-mail: fergas@hq.doe.gov.
    Regular Mail: U.S. Department of Energy (FE-34), Office of Natural 
Gas Regulatory Activities, Office of Fossil Energy, P.O. Box 44375, 
Washington, DC 20026-4375.
    Hand Delivery or Private Delivery Services (e.g., FedEx, UPS, etc.) 
: U.S. Department of Energy (FE-34), Office of Natural Gas Regulatory 
Activities, Office of Fossil Energy, Forrestal Building, Room 3E-042, 
1000 Independence Avenue, SW., Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT: Larine Moore or Lisa Tracy, U.S. 
Department of Energy (FE-34), Office of Natural Gas Regulatory 
Activities, Office of Fossil Energy, Forrestal Building, Room 3E-042, 
1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-9478; 
(202) 586-4523.
    Edward Myers, U.S. Department of Energy, Office of the Assistant 
General Counsel for Electricity and Fossil Energy, Forrestal Building, 
Room 6B-159, 1000 Independence Ave., SW., Washington, DC 20585, (202) 
586-3397.

SUPPLEMENTARY INFORMATION:

Background

    DCP is a Delaware limited partnership with its principal place of 
business in Lusby, Maryland, and offices in Richmond, Virginia. DCP is 
the current owner of the Cove Point Terminal. DCP is a subsidiary of 
Dominion Resources, Inc. (DRI), a producer and transporter of energy. 
DRI is a corporation organized and existing under the laws of the 
Commonwealth of Virginia with its principal place of business in 
Richmond, Virginia.

Current Application

    In the instant application, DCP is seeking blanket authorization to 
export from its Cove Point Terminal LNG that previously had been 
imported from foreign sources. DCP seeks authorization to export this 
LNG to any country with the capacity to import LNG via ocean-going 
carrier and with which trade is not prohibited by U.S. law over a two-
year period commencing on December 1, 2011, in an amount up to the 
equivalent of 150 Bcf of natural gas. DCP states that it does not seek 
authorization to export domestically produced LNG or natural gas. DCP 
also states that it will engage in short-term (or ``blanket'') re-
exports of previously imported LNG. DCP does not intend to hold title 
to the LNG itself, and is requesting authorization to act as agent on 
behalf of other entities who themselves hold title to the LNG but will 
register each such LNG title holder with DOE/FE consistent with 
registration requirements previously adopted in DOE/FE Order 2986, 
issued July 19, 2011, which granted blanket export authorization to 
Freeport LNG Development, L.P.

Public Interest Considerations

    In support of its application, DCP states that pursuant to section 
3 of the NGA, FE is required to authorize exports to a foreign country 
unless there is a finding that such exports ``will not be consistent 
with the public interest.'' \1\ DCP states that section 3 creates a 
statutory presumption in favor of a finding that the Application is in 
the public interest, which opponents bear the burden of overcoming. DCP 
states further that in reviewing an application to export LNG under 
section 3, DOE/FE has applied the principles set forth in DOE 
Delegation Order No. 0204-111, which focuses primarily on the domestic 
need for the gas to be exported. DCP asserts that DOE/FE has issued 
numerous recent blanket authorizations to re-export previously imported 
LNG, which cite evidence that indicates that consumers in the United 
States presently have access to substantial quantities of natural gas 
sufficient to meet domestic demand from multiple other sources at 
competitive prices without the LNG sought to be exported. Specifically, 
DCP asserts that DOE/FE Order 2986, issued July 19, 2011, which granted 
blanket authorization to Freeport LNG Development, L.P. to export LNG 
that previously had been imported from foreign sources, concluded that 
``the evidence of record indicates that United States consumers 
continue to have access to substantial quantities of natural gas 
sufficient to meet domestic demand from multiple other sources at 
competitive prices without drawing on the LNG which Freeport LNG seeks 
to export.'' \2\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 717b.(a).
    \2\ Freeport LNG Development, L.P., FE 11-51-LNG, DOE/FE Opinion 
and Order No. 2986 at 7.
---------------------------------------------------------------------------

    In addition, DCP notes that a DOE/FE review of the most recent data 
and analysis prepared by the Energy Information Administration (EIA) 
shows an increasing volume of shale gas production compared to the data 
and projections referenced in Dow Chemical Company, DOE/FE Order No 
2859 (October 5, 2010), highlighting EIA's more recent projections of 
rising gas production as published in the Annual Energy Outlook 2011. 
Based on these findings, DCP asserts that the evidence clearly shows 
that U.S. consumers have access to substantial supplies of natural gas 
that will meet demand without the foreign-sourced LNG which DCP 
proposes to re-export.
    DCP states that its application seeks only to re-export foreign-
sourced LNG that has been imported and stored at the Cove Point LNG 
Terminal, and does not propose to export domestically produced natural 
gas. DCP states that the additional flexibility to re-export previously 
imported LNG will provide additional flexibility to its customers and 
should encourage the continued importation of LNG into the United 
States.
    DCP also states that re-exports of previously imported LNG will 
allow the Cove Point Terminal to remain in a cooled-down state so that 
it is operationally capable of providing DCP's certificated services. 
DCP states that granting the requested export authorization will not 
diminish domestically-produced natural gas supplies. Further details 
can be found in the Application, which has been posted at https://www.fe.doe.gov/programs/gasregulation/.

Environmental Impact

    DCP states that its requested LNG export authorization does not 
require the construction of any new facilities (or modifications to any 
existing facilities) at the Cove Point Terminal except for the 
conversion of six check valves located on the pier, which would allow 
ships to both load and unload at the terminal. In addition, DCP would 
modify its computer software for Emergency Shutdown to include loading 
operations and prepare a loading procedure for the U.S. Coast Guard. 
DCP states that exports of LNG from the Cove Point Terminal would not 
increase ship traffic beyond the number already stated in the U.S. 
Coast Guard Letter of Recommendation and Waterway Suitability Report 
issued for the Cove Point Terminal. DCP states that approval of the 
Application would not constitute a federal action significantly 
affecting the human environment under the National Environmental Policy 
Act (NEPA).\3\
---------------------------------------------------------------------------

    \3\ 42 U.S.C. 4321 et seq.

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

[[Page 58490]]

    DCP states that it plans in the near future to file an application 
with the Federal Energy Regulatory Commission (FERC) for the necessary 
authorization to allow for the re-export of foreign-sourced LNG from 
the Cove Point Terminal. DCP acknowledges that the requested 
authorization to be issued by DOE/FE would not take effect until FERC 
has completed its NEPA review and has granted DCP authorization for the 
re-export of LNG at the Cove Point facility. DCP requests that DOE/FE 
issue a conditional order authorizing the re-export of LNG from the 
Cove Point Terminal conditioned on completion of the environmental 
review and subsequent authorization by FERC.

DOE/FE Evaluation

    This export application will be reviewed pursuant to section 3 of 
the NGA, as amended, and the authority contained in DOE Delegation 
Order No. 00-002.00L (April 29, 2011) and DOE Redelegation Order No. 
00-002.04E (April 29, 2011). 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.
    NEPA 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, 
comments, or a motion to intervene or notice of intervention, as 
applicable. Any person wishing to become a party to the proceeding must 
file a motion to intervene or notice of intervention, as applicable. 
The filing of comments or a protest with respect to the Application 
will not serve to make the commenter or 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, comments, motions 
to intervene or notices of intervention must meet the requirements 
specified by the regulations in 10 CFR part 590.
    Filings may be submitted using one of the following methods: (1) 
Submitting comments in electronic form on the Federal eRulemaking 
Portal at https://www.regulations.govSec.  , by following the on-line 
instructions and submitting such comments under FE Docket No. 11-98-
LNG. DOE/FE suggests that electronic filers carefully review 
information provided in their submissions and include only information 
that is intended to be publicly disclosed; (2) e-mailing the filing to 
fergas@hq.doe.gov, with FE Docket No. 11-98-LNG in the title line; (3) 
mailing an original and three paper copies of the filing to the Office 
Natural Gas Regulatory Activities at the address listed in ADDRESSES; 
or (4) hand delivering an original and three paper copies of the filing 
to the Office of Natural Gas Regulatory Activities at the address 
listed in ADDRESSES.
    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 DCP is available for inspection and 
copying in the Office of Natural Gas Regulatory Activities docket room, 
Room 3E-042, 1000 Independence Avenue, SW., Washington, DC 20585. 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 and any filed 
protests, motions to intervene or notice of interventions, and comments 
will also be available electronically by going to the following DOE/FE 
Web address: https://www.fe.doe.gov/programs/gasregulation/. 
In addition, any electronic comments filed will also be available at: 
https://www.regulations.gov.

    Issued in Washington, DC, on September 14, 2011.
John A. Anderson,
Manager, Natural Gas Regulatory Activities, Office of Oil and Gas 
Global Security and Supply, Office of Fossil Energy.
 [FR Doc. 2011-24225 Filed 9-20-11; 8:45 am]
BILLING CODE 6450-01-P
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