ConocoPhillips Company; Application for Blanket Authorization To Export Previously Imported Liquefied Natural Gas on a Short-Term Basis, 62048-62050 [2011-25887]

Download as PDF 62048 Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Notices response to this notice will be considered public records. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that Federal agencies provide interested parties an early opportunity to comment on information collection requests. The Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management, publishes this notice containing proposed information collection requests at the beginning of the Departmental review of the information collection. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Dated: September 30, 2011. Darrin King, Director, Information Collection Clearance Division, Privacy, Information, and Records Management Services, Office of Management. mstockstill on DSK4VPTVN1PROD with NOTICES Federal Student Aid Type of Review: Extension. Title of Collection: Request for Title IV Reimbursement or Heightened Cash Monitoring 2 (HCM2). OMB Control Number: 1845–0089. Agency Form Number(s): N/A. Frequency of Responses: Monthly. Affected Public: Business or other forprofit; not-for-profit Institutions. Total Estimated Number of Annual Responses: 732. Total Estimated Annual Burden Hours: 3,660. Abstract: The purpose of the form is to gather financial information from the institution in order to process claims for payment. ED Payment Analysts compare data on the form with disbursement records in the Common Origination and Disbursement system to determine what amount will be paid to the institution under the restricted method of payments. Data and signatures are collected from the institution on these forms. The data collected is in regards to the Title IV program funds that are requested and certified by the institution in the President/Owner/ Chief Executive Officer and the Financial Aid Director/Third Party Servicer section of the form. The forms VerDate Mar<15>2010 16:07 Oct 05, 2011 Jkt 226001 are signed by the institution official and submitted when requesting payment for Reimbursement or Heightened Cash Monitoring 2 claims. Copies of the proposed information collection request may be accessed from https://www.edicsweb.ed.gov, by selecting the ‘‘Browse Pending Collections’’ link and by clicking on link number 4716. When you access the information collection, click on ‘‘Download Attachments’’ to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202–4537. Requests may also be electronically mailed to ICDocketMgr@ed.gov or faxed to 202–401–0920. Please specify the complete title of the information collection and OMB Control Number when making your request. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877– 8339. [FR Doc. 2011–25901 Filed 10–5–11; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY [FE Docket No. 11–109–LNG] ConocoPhillips Company; Application for Blanket Authorization To Export Previously Imported Liquefied Natural Gas on a Short-Term Basis 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 22, 2011, by ConocoPhillips Company (ConocoPhillips), 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 500 Billion cubic feet (Bcf) of natural gas on a short-term or spot market basis over a two year period commencing on November 30, 2011. ConocoPhillips further requests that such authorization extend to LNG supplies imported from foreign sources to which ConocoPhillips holds title, as well as to LNG supplies imported from foreign sources that ConocoPhillips may export on behalf of other entities who themselves hold title. The LNG would be exported from the LNG terminal facilities owned by Freeport LNG Development, L.P. (Freeport LNG) on Quintana Island, Texas, to any country SUMMARY: PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 with the capacity to import LNG via ocean-going carrier and with which trade is not prohibited by U.S. law or policy. The application was filed under section 3 of the Natural Gas Act (NGA), as amended by section 201 of the Energy Policy Act of 1992. 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 using procedures detailed in Public Comment Procedures below no later than 4:30 p.m., eastern time, November 7, 2011. ADDRESSES: Electronic Filing on the Federal eRulemaking Portal under FE Docket No. 11–109–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 Marc Talbert, U.S. Department of Energy (FE–4), 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) 586–7991. Edward Myers, U.S. Department of Energy, Office of General Counsel, 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 that imports LNG into the United States and exports foreign-sourced LNG from the United States. On November 30, 2009, DOE/FE issued Order No. 2731, which granted ConocoPhillips authorization to export LNG that previously had been imported from foreign sources in an amount up to the equivalent of 500 Bcf of natural gas on a cumulative basis over E:\FR\FM\06OCN1.SGM 06OCN1 Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Notices a two-year period commencing on the date of the authorization.1 Current Application In the instant application, ConocoPhillips seeks to renew its blanket authorization to export LNG previously imported into the United States from foreign sources from the Freeport LNG terminal facilities. ConocoPhillips states that its interest in securing this blanket authorization is driven by its desire to continue to utilize and optimize the long-term LNG terminalling capacity for which it has contracted at the Freeport LNG facilities and its need for flexibility to respond to periodic changes in domestic and world markets for natural gas and LNG. Specifically, ConocoPhillips asserts that once LNG has been imported into the United States and is in storage at the Freeport LNG import terminal, ConocoPhillips desires the flexibility either to export the imported LNG to other world markets or to have LNG regassified for sale into domestic markets, with this decision based primarily on prevailing market conditions. mstockstill on DSK4VPTVN1PROD with NOTICES Public Interest Considerations In support of its application, ConocoPhillips states that pursuant to section 3 of the NGA, FE must authorize exports to a foreign country unless there is a finding that such exports ‘‘will not be consistent with the public interest.’’ 2 ConocoPhillips states that section 3 creates a statutory presumption in favor of approval of a properly framed export application.3 ConocoPhillips states further, in evaluating an export application, FE applies the principles described in DOE Delegation Order No. 0204–111 which states that domestic need for natural gas shall be the primary focus of DOE when evaluating an export application.4 Finally, as detailed below, ConocoPhillips states that this blanket export authorization request satisfies the public interest standard of section 3 of the NGA, as construed by DOE. ConocoPhillips asserts that there is no domestic need for the LNG to be exported by ConocoPhillips pursuant to the blanket authorization requested. In support, ConocoPhillips states that in recent years, DOE/FE has issued a 1 ConocoPhillips’ blanket authorization to export LNG granted in DOE/FE Order No. 2731 on November 30, 2009, extends through November 29, 2011. 2 15 U.S.C. 717b(a). 3 Phillips Alaska Natural Gas Corp. and Marathon Oil Co., DOE/FE Order No. 1473, 2 FE¶ 70,317 at p. 13, n. 42 (April 2, 1999), citing Panhandle Producers and Royalty Owners Association v. ERA, 822 f. 2d 1105, 1111 (DC Cir. 1987). 4 Ibid. at p. 14. VerDate Mar<15>2010 16:07 Oct 05, 2011 Jkt 226001 number of blanket authorizations to export previously-imported LNG, including the one issued to ConocoPhillips in Order No. 2731, finding that such LNG is not needed to meet domestic demand for natural gas.5 ConocoPhillips cites numerous recent authorizations issued by DOE/FE that were all approved. ConocoPhillips states that DOE/FE concluded in a recent Freeport LNG Development L.P. authorization 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 Development L.P. seeks to export.’’ 6 Conoco Phillips states that this record evidence also supports the conclusion that the foreign-sourced LNG that ConocoPhillips may export from the Freeport LNG terminal facilities pursuant to the blanket authorization requested herein is not needed to meet domestic demand. ConocoPhillips states that the monthly reports that it has filed with DOE/FE pursuant to Order No. 2731 confirm that it has used its currently effective blanket authorization to export previously-imported LNG from the United States ConocoPhillips states that the Order No. 2731 blanket export authorization has also facilitated the importation of LNG cargos into the U.S. by enabling it to import LNG cargos into the U.S without fear that such cargos will become captive to the U.S. market if, in ConocoPhillip’s view, market conditions ultimately do not support delivering regassified LNG into the U.S. market. ConocoPhillips states that is has also sold LNG to Freeport LNG to replace boil off, thereby contributing to the operational stability of the Freeport LNG terminal facilities. Environmental Impact ConocoPhillips states that no modifications to Freeport LNG’s Quintana Island terminal are required to enable the proposed exports of LNG. ConocoPhillips also states the environmental impacts of permitting the exportation of LNG from Freeport LNG’s Quintana Island terminal facilities were already reviewed by DOE/FE in Order 5 ENI USA Gas Marketing LLC, DOE/FE Order No. 2923 (March 3, 2011); Sempra Marketing, LLC, DOE/FE Order No. 2885 (December 3, 2010); Cheniere Marketing, LLC DOE/FE Order No. 2795 (June 1, 2010). 6 Freeport LNG Development, L.P., DOE/FE Order No. 2986 (July 19, 2011) at 7. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 62049 No. 2644 7 and that DOE/FE previously found that the export of LNG by ConocoPhillips from the Freeport LNG terminal facilities will have no additional environmental impact.8 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 natural 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.gov, by following the on-line instructions and submitting such comments under FE Docket No. 7 Freeport LNG Development, L.P.’s blanket authorization to export LNG granted in DOE/FE Order No. 2644 on May 28, 2009, extended through May 28, 2011. 8 ConocoPhillips’ blanket authorization to export LNG granted in DOE/FE Order No. 2731 on November 30, 2009, extends through November 29, 2011. E:\FR\FM\06OCN1.SGM 06OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 62050 Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Notices 11–109–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. 11–109–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 ConocoPhillips 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 VerDate Mar<15>2010 16:07 Oct 05, 2011 Jkt 226001 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 30, 2011. John A. Anderson, Manager, Natural Gas Regulatory Activities, Office of Oil and Gas Global Security and Supply, Office of Fossil Energy. [FR Doc. 2011–25887 Filed 10–5–11; 8:45 am] BILLING CODE 6450–01–P Issued at Washington, DC, on September 30, 2011. Carol A. Matthews, Committee Management Officer. [FR Doc. 2011–25888 Filed 10–5–11; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Issuance of a Loan Guarantee to Abengoa Bioenergy Biomass of Kansas, LLC for the Abengoa Biorefinery Project Near Hugoton, Stevens County, KS U.S. Department of Energy, Loan Programs Office. ACTION: Record of decision. AGENCY: DEPARTMENT OF ENERGY DOE/NSF Nuclear Science Advisory Committee AGENCY: Department of Energy, Office of Science. ACTION: Notice of renewal. Pursuant to Section 14(a)(2)(A) of the Federal Advisory Committee Act (Pub. L. 92–463), and in accordance with Title 41 of the Code of Federal Regulations, Section 102– 3.65(a), and following consultation with the Committee Management Secretariat, General Services Administration, notice is hereby given that the DOE/NSF Nuclear Science Advisory Committee (NSAC) will be renewed for a two-year period beginning on September 30, 2011. The Committee will provide advice to the Director, Office of Science (Department of Energy), and the Assistant Director, Directorate for Mathematical and Physical Sciences (National Science Foundation), on scientific priorities within the field of basic nuclear science research. Additionally, the renewal of the NSAC has been determined to be essential to conduct business of the Department of Energy and the National Science Foundation and to be in the public interest in connection with the performance of duties imposed upon the Department of Energy, by law and agreement. The Committee will continue to operate in accordance with the provisions of the Federal Advisory Committee Act, and the rules and regulations in implementation of that Act. SUMMARY: Dr. Timothy Hallman, Designated Federal Officer, at (301) 903–3613. FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 The U.S. Department of Energy (DOE) announces its decision to issue a $134 million loan guarantee under Title XVII of the Energy Policy Act of 2005 (EPAct 2005) to Abengoa Bioenergy Biomass of Kansas, LLC (Abengoa) for construction and start-up of a cellulosic ethanol plant near Hugoton, Kansas (Project). The integrated biorefinery will use a combination of biomass feedstocks, such as corn stover and wheat straw, to produce cellulosic ethanol and to generate sufficient electricity to power the facility. The Project site comprises approximately 810 acres of row-cropped agricultural land. The biorefinery facilities will be developed on 385 acres and the remaining 425 acres will continue in agricultural use and act as a buffer area between the biorefinery and the Hugoton city limits. The environmental impacts of the construction and operation of this project were analyzed pursuant to the National Environmental Policy Act (NEPA) in the Final Environmental Impact Statement for the Proposed Abengoa Biorefinery Project near Hugoton, Stevens County, Kansas (DOE/ EIS–0407F) (Final EIS) (August 2010) and in an associated Supplement Analysis (DOE/EIS–0407/SA–1; July 2011), prepared by the DOE Office of Energy Efficiency and Renewable Energy (EERE) Golden Field Office. DOE published a Record of Decision (ROD) on January 12, 2011 (76 FR 2096) to provide Federal funding under Section 932 of EPAct 2005 to Abengoa for the Project. The project for which DOE earlier provided funding under Section 932, with some modifications, is the same project for which DOE is now making a decision to issue a loan guarantee under Title XVII of EPAct 2005. DOE Loan Programs Office determined that the project analyzed in the Final EIS and Supplement Analysis SUMMARY: E:\FR\FM\06OCN1.SGM 06OCN1

Agencies

[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Notices]
[Pages 62048-62050]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25887]


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DEPARTMENT OF ENERGY

[FE Docket No. 11-109-LNG]


ConocoPhillips Company; Application for Blanket Authorization To 
Export Previously Imported Liquefied Natural Gas on a Short-Term Basis

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 22, 2011, by ConocoPhillips Company (ConocoPhillips), 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 500 Billion cubic feet 
(Bcf) of natural gas on a short-term or spot market basis over a two 
year period commencing on November 30, 2011. ConocoPhillips further 
requests that such authorization extend to LNG supplies imported from 
foreign sources to which ConocoPhillips holds title, as well as to LNG 
supplies imported from foreign sources that ConocoPhillips may export 
on behalf of other entities who themselves hold title. The LNG would be 
exported from the LNG terminal facilities owned by Freeport LNG 
Development, L.P. (Freeport LNG) on Quintana Island, Texas, 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. The 
application was filed under section 3 of the Natural Gas Act (NGA), as 
amended by section 201 of the Energy Policy Act of 1992. 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 using procedures detailed in Public Comment Procedures 
below no later than 4:30 p.m., eastern time, November 7, 2011.

ADDRESSES: Electronic Filing on the Federal eRulemaking Portal under FE 
Docket No. 11-109-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 Marc Talbert, U.S. Department of Energy (FE-4), 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) 586-7991.
Edward Myers, U.S. Department of Energy, Office of General Counsel, 
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 that imports LNG into the United 
States and exports foreign-sourced LNG from the United States. On 
November 30, 2009, DOE/FE issued Order No. 2731, which granted 
ConocoPhillips authorization to export LNG that previously had been 
imported from foreign sources in an amount up to the equivalent of 500 
Bcf of natural gas on a cumulative basis over

[[Page 62049]]

a two-year period commencing on the date of the authorization.\1\
---------------------------------------------------------------------------

    \1\ ConocoPhillips' blanket authorization to export LNG granted 
in DOE/FE Order No. 2731 on November 30, 2009, extends through 
November 29, 2011.
---------------------------------------------------------------------------

Current Application

    In the instant application, ConocoPhillips seeks to renew its 
blanket authorization to export LNG previously imported into the United 
States from foreign sources from the Freeport LNG terminal facilities. 
ConocoPhillips states that its interest in securing this blanket 
authorization is driven by its desire to continue to utilize and 
optimize the long-term LNG terminalling capacity for which it has 
contracted at the Freeport LNG facilities and its need for flexibility 
to respond to periodic changes in domestic and world markets for 
natural gas and LNG. Specifically, ConocoPhillips asserts that once LNG 
has been imported into the United States and is in storage at the 
Freeport LNG import terminal, ConocoPhillips desires the flexibility 
either to export the imported LNG to other world markets or to have LNG 
regassified for sale into domestic markets, with this decision based 
primarily on prevailing market conditions.

Public Interest Considerations

    In support of its application, ConocoPhillips states that pursuant 
to section 3 of the NGA, FE must authorize exports to a foreign country 
unless there is a finding that such exports ``will not be consistent 
with the public interest.'' \2\ ConocoPhillips states that section 3 
creates a statutory presumption in favor of approval of a properly 
framed export application.\3\ ConocoPhillips states further, in 
evaluating an export application, FE applies the principles described 
in DOE Delegation Order No. 0204-111 which states that domestic need 
for natural gas shall be the primary focus of DOE when evaluating an 
export application.\4\ Finally, as detailed below, ConocoPhillips 
states that this blanket export authorization request satisfies the 
public interest standard of section 3 of the NGA, as construed by DOE.
---------------------------------------------------------------------------

    \2\ 15 U.S.C. 717b(a).
    \3\ Phillips Alaska Natural Gas Corp. and Marathon Oil Co., DOE/
FE Order No. 1473, 2 FE] 70,317 at p. 13, n. 42 (April 2, 1999), 
citing Panhandle Producers and Royalty Owners Association v. ERA, 
822 f. 2d 1105, 1111 (DC Cir. 1987).
    \4\ Ibid. at p. 14.
---------------------------------------------------------------------------

    ConocoPhillips asserts that there is no domestic need for the LNG 
to be exported by ConocoPhillips pursuant to the blanket authorization 
requested. In support, ConocoPhillips states that in recent years, DOE/
FE has issued a number of blanket authorizations to export previously-
imported LNG, including the one issued to ConocoPhillips in Order No. 
2731, finding that such LNG is not needed to meet domestic demand for 
natural gas.\5\ ConocoPhillips cites numerous recent authorizations 
issued by DOE/FE that were all approved. ConocoPhillips states that 
DOE/FE concluded in a recent Freeport LNG Development L.P. 
authorization 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 Development L.P. seeks to export.'' \6\ Conoco Phillips states that 
this record evidence also supports the conclusion that the foreign-
sourced LNG that ConocoPhillips may export from the Freeport LNG 
terminal facilities pursuant to the blanket authorization requested 
herein is not needed to meet domestic demand.
---------------------------------------------------------------------------

    \5\ ENI USA Gas Marketing LLC, DOE/FE Order No. 2923 (March 3, 
2011); Sempra Marketing, LLC, DOE/FE Order No. 2885 (December 3, 
2010); Cheniere Marketing, LLC DOE/FE Order No. 2795 (June 1, 2010).
    \6\ Freeport LNG Development, L.P., DOE/FE Order No. 2986 (July 
19, 2011) at 7.
---------------------------------------------------------------------------

    ConocoPhillips states that the monthly reports that it has filed 
with DOE/FE pursuant to Order No. 2731 confirm that it has used its 
currently effective blanket authorization to export previously-imported 
LNG from the United States ConocoPhillips states that the Order No. 
2731 blanket export authorization has also facilitated the importation 
of LNG cargos into the U.S. by enabling it to import LNG cargos into 
the U.S without fear that such cargos will become captive to the U.S. 
market if, in ConocoPhillip's view, market conditions ultimately do not 
support delivering regassified LNG into the U.S. market. ConocoPhillips 
states that is has also sold LNG to Freeport LNG to replace boil off, 
thereby contributing to the operational stability of the Freeport LNG 
terminal facilities.

Environmental Impact

    ConocoPhillips states that no modifications to Freeport LNG's 
Quintana Island terminal are required to enable the proposed exports of 
LNG. ConocoPhillips also states the environmental impacts of permitting 
the exportation of LNG from Freeport LNG's Quintana Island terminal 
facilities were already reviewed by DOE/FE in Order No. 2644 \7\ and 
that DOE/FE previously found that the export of LNG by ConocoPhillips 
from the Freeport LNG terminal facilities will have no additional 
environmental impact.\8\
---------------------------------------------------------------------------

    \7\ Freeport LNG Development, L.P.'s blanket authorization to 
export LNG granted in DOE/FE Order No. 2644 on May 28, 2009, 
extended through May 28, 2011.
    \8\ ConocoPhillips' blanket authorization to export LNG granted 
in DOE/FE Order No. 2731 on November 30, 2009, extends through 
November 29, 2011.
---------------------------------------------------------------------------

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 natural 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.gov, by following the on-line 
instructions and submitting such comments under FE Docket No.

[[Page 62050]]

11-109-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. 11-109-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 ConocoPhillips 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 30, 2011.
John A. Anderson,
Manager, Natural Gas Regulatory Activities, Office of Oil and Gas 
Global Security and Supply, Office of Fossil Energy.
[FR Doc. 2011-25887 Filed 10-5-11; 8:45 am]
BILLING CODE 6450-01-P
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