Venture Global LNG, LLC; Application for Long-Term Authorization to Export Liquefied Natural Gas Produced from Domestic Natural Gas Resources to Non-Free Trade Agreement Countries for a 25-Year Period, 30109-30112 [2014-12210]
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Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Notices
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Dated: May 21, 2014.
Nadya Chinoy Dabby,
Associate Assistant Deputy Secretary for
Innovation and Improvement.
[FR Doc. 2014–12161 Filed 5–23–14; 8:45 am]
BILLING CODE 4000–01–P
Electronic Filing by email
fergas@hq.doe.gov
DEPARTMENT OF ENERGY
[FE Docket No. 13–69–LNG]
Venture Global LNG, LLC; Application
for Long-Term Authorization to Export
Liquefied Natural Gas Produced from
Domestic Natural Gas Resources to
Non-Free Trade Agreement Countries
for a 25-Year Period
Office of Fossil Energy, DOE.
Notice of application.
AGENCY:
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ACTION:
The Office of Fossil Energy
(FE) of the Department of Energy (DOE)
gives notice of receipt of an application
(Application), filed on May 13, 2013, by
Venture Global LNG, LLC (Venture
Global), requesting long-term, multicontract authorization to export
domestically produced liquefied natural
SUMMARY:
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19:12 May 23, 2014
gas (LNG) 1 in a volume up to 5 million
metric tons per year (mtpa), which is
equivalent to approximately 243.6
billion cubic feet per year (Bcf/yr) of
natural gas, or 0.67 Bcf per day (Bcf/d).2
Venture Global seeks authorization to
export the LNG by vessel 3 from the
proposed Venture Global LNG Project
(Project), a natural gas liquefaction and
LNG export terminal to be located along
the Calcasieu Ship Channel in Cameron
Parish, Louisiana. Venture Global
requests authorization to export this
LNG for a 25-year term commencing on
the earlier of the date of first export or
eight years from the date the
authorization is granted.
In the portion of Venture Global’s
Application subject to this Notice,
Venture Global requests authorization to
export LNG to any country with which
the United States does not have a free
trade agreement (FTA) requiring
national treatment for trade in natural
gas (non-FTA countries), and with
which trade is not prohibited by U.S.
law or policy. Venture Global requests
this authorization both on its own
behalf and as agent for other parties who
hold title to the LNG at the time of
export. 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.
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 the Public
Comment Procedures section no later
than 4:30 p.m., Eastern time, June 26,
2014.
ADDRESSES:
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U.S. Department of Energy (FE–34),
Office of Oil and Gas Global Security
1 The Application states that Venture Global also
seeks authority to export previously imported LNG,
but by email dated September 13, 2013, Venture
Global informed DOE/FE that it no longer seeks that
authority. Rather, it seeks only to export
domestically produced LNG, as stated above.
2 Applicants are required to provide volumes of
natural gas in Bcf, 10 CFR 590.202(b)(1), and
therefore DOE/FE will address Venture Global’s
requested authorization in Bcf/yr.
3 As discussed below, Venture Global informed
DOE/FE by letter dated December 12, 2013, that it
seeks authority to export LNG only by loading the
LNG directly onto vessels, not also by using LNG
containers transported on vessels, as the
Application stated. See Ltr. From J. Patrick Nevins,
Counsel to Venture Global LNG, LLC, to John
Anders, U.S. Dep’t of Energy, FE Docket No. 13–69–
LNG (Dec. 12, 2013) [hereinafter Venture Global
Ltr.].
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30109
and Supply, 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 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 Marc Talbert, 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
Cassandra Bernstein, U.S. Department of
Energy (GC–76) Office of the Assistant
General Counsel for Electricity and
Fossil Energy, Forrestal Building,
1000 Independence Avenue SW.,
Washington, DC 20585, (202) 586–
9793
SUPPLEMENTARY INFORMATION:
Background
Applicant. Venture Global states that
it is a Delaware limited liability
company with its principal place of
business in Washington, DC. Venture
Global further states that it is wholly
owned by its sole member, Venture
Global Partners, LLC (VGP), which in
turn is fifty percent owned and
controlled by each of Robert B. Pender
and Michael A. Sabel. Venture Global
states that VGP and its affiliates,
including Venture Global, are working
to develop LNG liquefaction, export,
import, storage, and re-gasification
terminals, among other initiatives.
Venture Global states that with the
exception of its parent, VGP, and its
affiliate, Venture Global Power, LLC,4
Venture Global is not currently affiliated
with any other energy company or
governmental organization.
Procedural History. In the portion of
the Application not subject to this
Notice, Venture Global sought
authorization to export LNG from the
Project to FTA countries (i.e., countries
with which the United States currently
has, or in the future will have, a free
trade agreement requiring national
treatment for trade in natural gas) 5 in a
4 According to Venture Global, Venture Global
Power, LLC is an affiliate of VGP and Venture
Global. It is majority owned and controlled by
Robert B. Pender and Michael A. Sabel.
5 The United States currently has FTAs requiring
national treatment for trade in natural gas with
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volume equivalent to approximately
243.6 Bcf/yr of natural gas (0.67 Bcf/
d)—the same volume requested for
export to non-FTA countries. DOE/FE
granted the FTA authorization on
September 27, 2013, in DOE/FE Order
No. 3345.6 Venture Global states that the
FTA and requested non-FTA volumes of
LNG are for the same volume of natural
gas and thus are not additive.
Liquefaction Project. Venture Global
seeks long-term authorization to export
LNG from the Project, which it states is
a proposed mid-scale natural gas
liquefaction and export terminal to be
located at the entrance of the Calcasieu
Ship Channel in Cameron Parish,
Louisiana. Venture Global states that it
is currently developing the Project.
In the Application, Venture Global
states that it has executed an agreement
for the exclusive right to lease
approximately 69 acres for the Project
site.7 Subsequently, by letter to DOE/FE
dated December 13, 2013, Venture
Global informed DOE/FE that the
original lease agreement referenced in
the Application has been superseded by
two definitive Lease Option
Agreements, one for 59 acres and one
for 10 acres.8 Venture Global states that
this land encompasses the same
contiguous 69 acres covered by the
original lease agreement. In the letter,
Venture Global further states that it has
entered into a third Lease Option
agreement, for an additional 40 acres
contiguous with the original 69 acres.9
Thus, according to Venture Global, it
currently holds options to acquire a
project site totaling 109 acres.
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Current Application
Venture Global seeks to export
domestically produced LNG in a total
volume equivalent to approximately
243.6 Bcf/yr of natural gas, or 0.67 Bcf/
d. Venture Global states that it plans to
export the LNG from the Project to any
non-FTA country which has developed
or in the future develops the capacity to
import LNG, and with which trade is
Australia, Bahrain, Canada, Chile, Colombia,
Dominican Republic, El Salvador, Guatemala,
Honduras, Jordan, Mexico, Morocco, Nicaragua,
Oman, Panama, Peru, Republic of Korea, and
Singapore. FTAs with Israel and Costa Rica do not
require national treatment for trade in natural gas.
6 Venture Global LNG, LLC, DOE/FE Order No.
3345, Order Granting Long-Term Multi-Contract
Authorization to Export Liquefied Natural Gas by
Vessel from the Proposed Export Venture Global
LNG Project in Cameron Parish, Louisiana to Free
Trade Agreement Nations (Sept. 27, 2013).
7 The Project site lease agreement is attached, in
redacted form, to Venture Global’s Application as
Exhibit D.
8 See Venture Global Ltr., at 1.
9 Copies of the three executed Lease Option
Agreements, in redacted form, are attached to the
Venture Global Letter.
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not prohibited by U.S. law or policy.
Venture Global requests this
authorization for a 25-year term
commencing on the earlier of the date
of first export or eight years from the
date the requested authorization is
granted.
Venture Global seeks to export the
requested LNG on its own behalf and as
agent for third parties who hold title to
the LNG at the time of export. Venture
Global states that these third parties
may include its ‘‘Contract Parties,’’
which Venture Global states are both (i)
reputable, experienced, and creditworthy international companies
focusing on global infrastructure that
will provide equity and project finance
debt, and (ii) international energy and
logistics companies that are experts in
various aspects of natural gas and LNG
businesses (including liquefaction,
marine transportation, LNG terminal,
LNG storage and regasification, and
power generation businesses).10
Venture Global states that it will
comply with all DOE/FE requirements
for exporters and agents as set forth in
recent DOE/FE orders, including
registering each LNG title holder for
whom Venture Global seeks to export as
agent. Venture Global proposes that this
registration include a written statement
by the title holder acknowledging and
agreeing to comply with all applicable
requirements set forth in Venture
Global’s export authorization, and to
include those requirements in any
subsequent purchase or sale agreement
entered into by that title holder.
Venture Global states that either
directly, together with, or through one
or more of its Contract Parties, Venture
Global plans to procure natural gas
supplies in the United States for
liquefaction and export from the Project
to supply its international projects.
Venture Global also will arrange for the
transportation of the LNG to LNG
import facilities via ocean-going
carriers.11
Venture Global states that it has
projects under development in multiple
countries. It emphasizes its discussions
with the Republic of Haiti (a non-FTA
country) for the potential delivery of
approximately 200,000 to 350,000
metric tons per annum over the project
term to serve power generation and
related energy needs in the Republic of
Haiti. According to Venture Global, if it
10 App.
at 5.
11 As noted above, the Application states that
Venture Global intends to export LNG ‘‘either
directly or by use of approved LNG containers
transported on ocean-going carriers’’ (App. at 4), but
Venture Global later clarified that it no longer seeks
authority to export LNG using LNG containers.
Venture Global Ltr. at 1.
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receives the requested non-FTA export
authorization, it intends to dedicate this
portion of the total authorized volume
of LNG to deliveries from the Project to
the Republic of Haiti (one of the poorest
countries in the world)—a proposal that
Venture Globe states is a unique and
significant benefit in the public interest.
Venture Global states that it seeks
authorization to export LNG produced
from the United States natural gas
supply and transmission network.
Venture Global states that natural gas
will be procured from the interstate and
intrastate natural gas grid at points of
liquidity upstream from the Project.
Venture Global states that the Project
site is located in close proximity to
various interstate and intrastate pipeline
systems, including those of Tennessee
Gas Pipeline Company, ANR Pipeline
Company, Bridgeline Holdings, L.P.,
Columbia Gulf Transmission Company,
and Natural Gas Pipeline Company of
America. Venture Global anticipates
that the Project will be connected to one
or more of these (or other) interstate or
Louisiana intrastate pipeline systems
through newly constructed, relatively
short lateral pipeline(s). Venture Global
further states that access to the pipeline
grid will enable it to purchase natural
gas from multiple sources of
conventional and non-conventional U.S.
production. Venture Global states that
such supplies could be produced across
the Gulf Coast region, both onshore and
offshore, including traditional
production regions and supplies
produced from onshore shale
formations, including the Barnett,
Haynesville, and Bossier shale gas
formations. Venture Global states that
this supply may be sourced in requisite
volumes in the spot market or pursued
under long-term arrangements. Venture
Global commits to filing all executed
long-term purchase agreements with
DOE/FE under seal, as set forth in recent
DOE/FE orders.12
Public Interest Considerations
Venture Global states that the
proposed export of LNG to non-FTA
countries is consistent with the public
interest under section 3(a) of the NGA,
15 U.S.C. 717b(a). In support of this
position, Venture Global discusses: (i)
The domestic need for the LNG
proposed to be exported; (ii) domestic
12 DOE/FE has previously determined that this
commitment meets the requirements of 10 CFR
590.202(b), which requires applicants to supply
transaction-specific information ‘‘to the extent
practicable.’’ See, e.g., Sabine Pass Liquefaction,
LLC, DOE/FE Order No. 2833, Order Granting LongTerm Authorization to Export Liquefied Natural Gas
from Sabine Pass LNG Terminal to Free Trade
Nations, at 5–6 (Sept. 7, 2010).
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energy security and international
impacts, including its plan to devote a
portion of the exports from its Project to
the Republic of Haiti; and (iii) other
public benefits associated with its
proposed exports, including impacts on
the price of U.S. natural gas,
environmental benefits, benefits to
national security and foreign relations,
and economic benefits.
Focusing on domestic need for the
LNG, Venture Global states that
domestic natural gas resources are
abundant, environmentally friendly,
and affordable. It asserts that domestic
resources are sufficient to meet both the
domestic consumption demand and any
expected level of LNG exports—
including those proposed by Venture
Global—in the long-term. According to
Venture Global, recent technological
developments in the natural gas
industry have led to significant
increases in domestically-produced
natural gas, particularly with regard to
non-conventional production from
onshore shale formations. Citing data
from the U.S. Energy Information
Administration (EIA), Venture Global
states that total dry natural gas
production in the United States was
approximately 24.04 trillion cubic feet
(Tcf) in 2011—the highest level in U.S.
history to that point and an increase of
approximately 27% compared to
production of approximately 18.05 Tcf
in 2005.13
Focusing on projections from EIA’s
Annual Energy Outlook 2013 Early
Release (AEO 2013 Early Release),14
Venture Global states that U.S.
production will continue to increase
significantly in the coming years.
According to Venture Global, the
Reference Case in the AEO 2013 Early
Release projects that domestic dry gas
production will increase to 33.14 Tcf by
2040,15 an increase of 44% compared to
the 2011 production levels. Citing this
data, Venture Global contends that the
United States will become a net exporter
of LNG in 2016 and a net exporter of
natural gas in 2020.16 Venture Global
further contends that, while domestic
gas consumption is expected to increase
over time and reach 29.83 Tcf in 2040,
U.S. supply will grow faster, leading to
increasing levels of excess supply over
time.
Venture Global asserts that the
increase in U.S. gas reserves in recent
13 See https://www.eia.gov/dnav/ng/hist/
n9070us2a.htm.
14 U.S. Energy Information Administration,
Annual Energy Outlook 2013 with Projections to
2040 (April 2013), available at: https://www.eia.gov/
forecasts/aeo/pdf/0383(2013).pdf.
15 Id., EIA, 2013 AEO Early Release at Table A1.
16 Id., EIA, 2013 AEO Early Release at 11.
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years has been as dramatic as the growth
in production. According to Venture
Global, EIA estimated proved dry
natural gas reserves of approximately
304.6 Tcf as of year-end 2010—the
largest level in U.S. history and an
increase of roughly one-third compared
to EIA’s estimate of proved reserves of
204.4 Tcf as of 2005.17
Venture Global next states that the
Potential Gas Committee, in its biennial
report on potential U.S. supplies,
concluded that the United States
possesses a technically recoverable
natural gas resource potential of 2,384
Tcf, the highest resource evaluation in
the Potential Gas Committee’s 48-year
history.18 Venture Global states that
when the Potential Gas Committee’s
latest results are combined with EIA’s
latest available determination of proved
dry-gas reserves (304.6 Tcf for 2010), the
United States has a total available future
supply of 2,688.5 Tcf, representing an
increase of 486.1 Tcf over the Potential
Gas Committee’s evaluation in 2010.
Venture Global contends that, for
purposes of comparison with current
reserves, total U.S. gas consumption in
2011 was approximately 25.5 Tcf,
meaning that the total available supply
exceeds 105 years of the 2011
consumption levels. Venture Global
asserts that, even if EIA’s forecast for
total consumption in 2040 (29.83 Tcf) is
used for comparison, the current supply
is equivalent to more than 90 years of
consumption.
Venture Global further states that
numerous reports have projected
sufficient volumes of domestic natural
gas to meet both domestic demand and
LNG exports.19 Citing the 2012 study
conducted by NERA Economic
Consulting (NERA) as part of DOE’s
LNG Export Study,20 Venture Global
states that LNG exports will provide a
net economic benefit to the United
States, regardless of the amount of LNG
exported from the United States.
Venture Global maintains that it seeks
to export relatively small volumes of
LNG, as compared to other long-term
LNG export applications granted by or
pending before DOE/FE. Further,
17 See https://www.eia.gov/dnav/ng/hist/
rngr11nus_1a.htm.
18 See https://potentialgas.org/press-release.
19 See, e.g., Deloitte Center for Energy Solutions
and Deloitte Market Point LLC, Made in America—
The Economic Impact of LNG Exports from the
Unites States, available at: https://
www.deloitte.com/view/en_US/us/Industries/oilgas/9f70dd1cc9324310VgnVCM1000001a56f00
aRCRD.htm.
20 Macroeconomic Impacts of LNG Export from
the Unites States, NERA Economic Consulting,
available at: https://www.fossil.energy.gov/
programs/gasregulation/reports/nera_lng_
report.pdf.
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Venture Global states that its proposed
volume of LNG—equivalent to
approximately 243.6 Bcf/yr of natural
gas—is de minimis in the national gas
market, where growing supplies are far
in excess of that domestic need. Venture
Global states that, given the current and
projected amounts of domestic supply
and demand of natural gas described
above, its proposed export authorization
will not have a negative impact on
domestic needs for natural gas and
therefore is not inconsistent with the
public interest.
Venture Global also contends that its
proposed export volumes to non-FTA
countries are sufficiently small that they
will have a minimal effect, if any, on
domestic energy supply. Further,
according to Venture Global, the NERA
study and other studies have
demonstrated that the proposed export
of LNG will not have a substantial
impact on the domestic price of natural
gas. Additional details can be found in
Venture Global’s Application, which is
posted on the DOE/FE Web site at:
https://www.fossil.energy.gov/programs/
gasregulation/authorizations/2013_
applications/13_69_lng.pdf
Environmental Impact
According to Venture Global, a grant
of the Application would not constitute
a federal action significantly affecting
the human environment within the
meaning of the National Environmental
Policy Act (NEPA), 42 U.S.C. 4321 et
seq. Venture Global states that it will be
seeking all necessary federal, state, and
local permits to construct the necessary
export facilities for the Project. Once
plans for the Project are developed
further, it will request permission to
commence the Federal Energy
Regulatory Commission’s (FERC)
mandatory pre-filing process under
NEPA and will file an application for
the necessary FERC authorization for
the construction and operation of its
facilities. Venture Global states that,
consistent with prior orders by DOE/FE,
the requested authorization should be
conditioned on its receipt of all
necessary FERC authorizations of the
facilities needed for the export of LNG.
DOE/FE Evaluation
The Application will be reviewed
pursuant to section 3(a) of the NGA, 15
U.S.C. 717b(a), and DOE will consider
any issues required by law or policy. To
the extent determined to be relevant,
these issues will include the domestic
need for the natural gas proposed to be
exported, the adequacy of domestic
natural gas supply, U.S. energy security,
and the cumulative impact of the
requested authorization and any other
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LNG export application(s) previously
approved on domestic natural gas
supply and demand fundamentals. DOE
may also consider other factors bearing
on the public interest, including the
impact of the proposed exports on the
U.S. economy (including GDP,
consumers, and industry), job creation,
the U.S. balance of trade, and
international considerations; and
whether the authorization 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 address these issues
in their comments and/or protests, as
well as other issues deemed relevant to
the Application.
NEPA requires DOE to give
appropriate consideration to the
environmental effects of its decisions.
No final decision will be issued in this
proceeding until DOE has met its
environmental responsibilities.
Due to the complexity of the issues
raised by the Applicant, interested
persons will be provided 60 days from
the date of publication of this Notice in
which to submit comments, protests,
motions to intervene, notices of
intervention, or motions for additional
procedures.
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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) Emailing the
filing to fergas@hq.doe.gov, with FE
Docket No. 13–69–LNG in the title line;
(2) mailing an original and three paper
copies of the filing to the Office of Oil
and Gas Global Security and Supply at
the address listed in ADDRESSES; or (3)
hand delivering an original and three
paper copies of the filing to the Office
of Oil and Gas Global Supply at the
address listed in ADDRESSES. All filings
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19:12 May 23, 2014
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must include a reference to FE Docket
No. 13–69–LNG.
https://www.fe.doe.gov/programs/
gasregulation/.
Please Note: If submitting a filing via
email, please include all related documents
and attachments (e.g., exhibits) in the
original email correspondence. Please do not
include any active hyperlinks or password
protection in any of the documents or
attachments related to the filing. All
electronic filings submitted to DOE must
follow these guidelines to ensure that all
documents are filed in a timely manner. Any
hardcopy filing submitted greater in length
than 50 pages must also include, at the time
of the filing, a digital copy on disk of the
entire submission.
Issued in Washington, DC, on May 20,
2014.
John A. Anderson,
Director, Division of Natural Gas Regulatory
Activities, Office of Oil and Gas Global
Security and Supply, Office of Oil and
Natural Gas.
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 is available for
inspection and copying in the Division
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:
Bonneville Power Administration
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
[FR Doc. 2014–12210 Filed 5–23–14; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Crystal Springs Hatchery Program
Bonneville Power
Administration (BPA), Department of
Energy (DOE).
ACTION: Notice of intent to prepare an
Environmental Impact Statement (EIS)
and notice of floodplain and wetlands
assessment.
AGENCY:
In accordance with the
National Environmental Policy Act
(NEPA), BPA intends to prepare an EIS
on its decision whether to fund the
Shoshone-Bannock Tribes of the Fort
Hall Reservation of Idaho (Tribes)
proposal to construct and operate a
hatchery for spring/summer Chinook
salmon in the Salmon River subbasin
and Yellowstone cutthroat trout in the
Upper Snake River subbasin on Fort
Hall Reservation.
The Tribes’ proposed project that BPA
is considering funding would involve
construction of a hatchery and
construction of two fish trapping (weir)
facilities on US Forest Service (USFS)
land. The hatchery would be
constructed at the site of an obsolete
trout hatchery owned by BPA on Crystal
Springs in Bingham County, Idaho. The
weirs would involve construction of a
weir in the Yankee Fork of the Salmon
River at the USFS Pole Flat
Campground in Custer County,
relocation of a section of Yankee Fork
Road and associated facilities (RV pads),
and construction of a weir on USFS
land in Panther Creek in Lemhi County,
Idaho. The USFS will be a cooperating
agency on this EIS to inform their
decision on whether to grant a special
use permit for construction and
operation of the two weirs and
associated facilities and relocation of
the road on forest service lands.
Operations of the hatchery would
include collection of adult spring/
summer Chinook for broodstock from
existing hatcheries, incubation and
rearing of juvenile Chinook, and release
of smolts into the Yankee Fork and
SUMMARY:
E:\FR\FM\27MYN1.SGM
27MYN1
Agencies
[Federal Register Volume 79, Number 101 (Tuesday, May 27, 2014)]
[Notices]
[Pages 30109-30112]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12210]
=======================================================================
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DEPARTMENT OF ENERGY
[FE Docket No. 13-69-LNG]
Venture Global LNG, LLC; Application for Long-Term Authorization
to Export Liquefied Natural Gas Produced from Domestic Natural Gas
Resources to Non-Free Trade Agreement Countries for a 25-Year Period
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
May 13, 2013, by Venture Global LNG, LLC (Venture Global), requesting
long-term, multi-contract authorization to export domestically produced
liquefied natural gas (LNG) \1\ in a volume up to 5 million metric tons
per year (mtpa), which is equivalent to approximately 243.6 billion
cubic feet per year (Bcf/yr) of natural gas, or 0.67 Bcf per day (Bcf/
d).\2\ Venture Global seeks authorization to export the LNG by vessel
\3\ from the proposed Venture Global LNG Project (Project), a natural
gas liquefaction and LNG export terminal to be located along the
Calcasieu Ship Channel in Cameron Parish, Louisiana. Venture Global
requests authorization to export this LNG for a 25-year term commencing
on the earlier of the date of first export or eight years from the date
the authorization is granted.
---------------------------------------------------------------------------
\1\ The Application states that Venture Global also seeks
authority to export previously imported LNG, but by email dated
September 13, 2013, Venture Global informed DOE/FE that it no longer
seeks that authority. Rather, it seeks only to export domestically
produced LNG, as stated above.
\2\ Applicants are required to provide volumes of natural gas in
Bcf, 10 CFR 590.202(b)(1), and therefore DOE/FE will address Venture
Global's requested authorization in Bcf/yr.
\3\ As discussed below, Venture Global informed DOE/FE by letter
dated December 12, 2013, that it seeks authority to export LNG only
by loading the LNG directly onto vessels, not also by using LNG
containers transported on vessels, as the Application stated. See
Ltr. From J. Patrick Nevins, Counsel to Venture Global LNG, LLC, to
John Anders, U.S. Dep't of Energy, FE Docket No. 13-69-LNG (Dec. 12,
2013) [hereinafter Venture Global Ltr.].
---------------------------------------------------------------------------
In the portion of Venture Global's Application subject to this
Notice, Venture Global requests authorization to export LNG to any
country with which the United States does not have a free trade
agreement (FTA) requiring national treatment for trade in natural gas
(non-FTA countries), and with which trade is not prohibited by U.S. law
or policy. Venture Global requests this authorization both on its own
behalf and as agent for other parties who hold title to the LNG at the
time of export. 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.
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 the Public Comment
Procedures section no later than 4:30 p.m., Eastern time, June 26,
2014.
ADDRESSES:
Electronic Filing by email
fergas@hq.doe.gov
Regular Mail
U.S. Department of Energy (FE-34), Office of Oil and Gas Global
Security and Supply, 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 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 Marc Talbert, 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
Cassandra Bernstein, U.S. Department of Energy (GC-76) Office of the
Assistant General Counsel for Electricity and Fossil Energy, Forrestal
Building, 1000 Independence Avenue SW., Washington, DC 20585, (202)
586-9793
SUPPLEMENTARY INFORMATION:
Background
Applicant. Venture Global states that it is a Delaware limited
liability company with its principal place of business in Washington,
DC. Venture Global further states that it is wholly owned by its sole
member, Venture Global Partners, LLC (VGP), which in turn is fifty
percent owned and controlled by each of Robert B. Pender and Michael A.
Sabel. Venture Global states that VGP and its affiliates, including
Venture Global, are working to develop LNG liquefaction, export,
import, storage, and re-gasification terminals, among other
initiatives. Venture Global states that with the exception of its
parent, VGP, and its affiliate, Venture Global Power, LLC,\4\ Venture
Global is not currently affiliated with any other energy company or
governmental organization.
---------------------------------------------------------------------------
\4\ According to Venture Global, Venture Global Power, LLC is an
affiliate of VGP and Venture Global. It is majority owned and
controlled by Robert B. Pender and Michael A. Sabel.
---------------------------------------------------------------------------
Procedural History. In the portion of the Application not subject
to this Notice, Venture Global sought authorization to export LNG from
the Project to FTA countries (i.e., countries with which the United
States currently has, or in the future will have, a free trade
agreement requiring national treatment for trade in natural gas) \5\ in
a
[[Page 30110]]
volume equivalent to approximately 243.6 Bcf/yr of natural gas (0.67
Bcf/d)--the same volume requested for export to non-FTA countries. DOE/
FE granted the FTA authorization on September 27, 2013, in DOE/FE Order
No. 3345.\6\ Venture Global states that the FTA and requested non-FTA
volumes of LNG are for the same volume of natural gas and thus are not
additive.
---------------------------------------------------------------------------
\5\ The United States currently has FTAs requiring national
treatment for trade in natural gas with Australia, Bahrain, Canada,
Chile, Colombia, Dominican Republic, El Salvador, Guatemala,
Honduras, Jordan, Mexico, Morocco, Nicaragua, Oman, Panama, Peru,
Republic of Korea, and Singapore. FTAs with Israel and Costa Rica do
not require national treatment for trade in natural gas.
\6\ Venture Global LNG, LLC, DOE/FE Order No. 3345, Order
Granting Long-Term Multi-Contract Authorization to Export Liquefied
Natural Gas by Vessel from the Proposed Export Venture Global LNG
Project in Cameron Parish, Louisiana to Free Trade Agreement Nations
(Sept. 27, 2013).
---------------------------------------------------------------------------
Liquefaction Project. Venture Global seeks long-term authorization
to export LNG from the Project, which it states is a proposed mid-scale
natural gas liquefaction and export terminal to be located at the
entrance of the Calcasieu Ship Channel in Cameron Parish, Louisiana.
Venture Global states that it is currently developing the Project.
In the Application, Venture Global states that it has executed an
agreement for the exclusive right to lease approximately 69 acres for
the Project site.\7\ Subsequently, by letter to DOE/FE dated December
13, 2013, Venture Global informed DOE/FE that the original lease
agreement referenced in the Application has been superseded by two
definitive Lease Option Agreements, one for 59 acres and one for 10
acres.\8\ Venture Global states that this land encompasses the same
contiguous 69 acres covered by the original lease agreement. In the
letter, Venture Global further states that it has entered into a third
Lease Option agreement, for an additional 40 acres contiguous with the
original 69 acres.\9\ Thus, according to Venture Global, it currently
holds options to acquire a project site totaling 109 acres.
---------------------------------------------------------------------------
\7\ The Project site lease agreement is attached, in redacted
form, to Venture Global's Application as Exhibit D.
\8\ See Venture Global Ltr., at 1.
\9\ Copies of the three executed Lease Option Agreements, in
redacted form, are attached to the Venture Global Letter.
---------------------------------------------------------------------------
Current Application
Venture Global seeks to export domestically produced LNG in a total
volume equivalent to approximately 243.6 Bcf/yr of natural gas, or 0.67
Bcf/d. Venture Global states that it plans to export the LNG from the
Project to any non-FTA country which has developed or in the future
develops the capacity to import LNG, and with which trade is not
prohibited by U.S. law or policy. Venture Global requests this
authorization for a 25-year term commencing on the earlier of the date
of first export or eight years from the date the requested
authorization is granted.
Venture Global seeks to export the requested LNG on its own behalf
and as agent for third parties who hold title to the LNG at the time of
export. Venture Global states that these third parties may include its
``Contract Parties,'' which Venture Global states are both (i)
reputable, experienced, and credit-worthy international companies
focusing on global infrastructure that will provide equity and project
finance debt, and (ii) international energy and logistics companies
that are experts in various aspects of natural gas and LNG businesses
(including liquefaction, marine transportation, LNG terminal, LNG
storage and regasification, and power generation businesses).\10\
---------------------------------------------------------------------------
\10\ App. at 5.
---------------------------------------------------------------------------
Venture Global states that it will comply with all DOE/FE
requirements for exporters and agents as set forth in recent DOE/FE
orders, including registering each LNG title holder for whom Venture
Global seeks to export as agent. Venture Global proposes that this
registration include a written statement by the title holder
acknowledging and agreeing to comply with all applicable requirements
set forth in Venture Global's export authorization, and to include
those requirements in any subsequent purchase or sale agreement entered
into by that title holder.
Venture Global states that either directly, together with, or
through one or more of its Contract Parties, Venture Global plans to
procure natural gas supplies in the United States for liquefaction and
export from the Project to supply its international projects. Venture
Global also will arrange for the transportation of the LNG to LNG
import facilities via ocean-going carriers.\11\
---------------------------------------------------------------------------
\11\ As noted above, the Application states that Venture Global
intends to export LNG ``either directly or by use of approved LNG
containers transported on ocean-going carriers'' (App. at 4), but
Venture Global later clarified that it no longer seeks authority to
export LNG using LNG containers. Venture Global Ltr. at 1.
---------------------------------------------------------------------------
Venture Global states that it has projects under development in
multiple countries. It emphasizes its discussions with the Republic of
Haiti (a non-FTA country) for the potential delivery of approximately
200,000 to 350,000 metric tons per annum over the project term to serve
power generation and related energy needs in the Republic of Haiti.
According to Venture Global, if it receives the requested non-FTA
export authorization, it intends to dedicate this portion of the total
authorized volume of LNG to deliveries from the Project to the Republic
of Haiti (one of the poorest countries in the world)--a proposal that
Venture Globe states is a unique and significant benefit in the public
interest.
Venture Global states that it seeks authorization to export LNG
produced from the United States natural gas supply and transmission
network. Venture Global states that natural gas will be procured from
the interstate and intrastate natural gas grid at points of liquidity
upstream from the Project. Venture Global states that the Project site
is located in close proximity to various interstate and intrastate
pipeline systems, including those of Tennessee Gas Pipeline Company,
ANR Pipeline Company, Bridgeline Holdings, L.P., Columbia Gulf
Transmission Company, and Natural Gas Pipeline Company of America.
Venture Global anticipates that the Project will be connected to one or
more of these (or other) interstate or Louisiana intrastate pipeline
systems through newly constructed, relatively short lateral
pipeline(s). Venture Global further states that access to the pipeline
grid will enable it to purchase natural gas from multiple sources of
conventional and non-conventional U.S. production. Venture Global
states that such supplies could be produced across the Gulf Coast
region, both onshore and offshore, including traditional production
regions and supplies produced from onshore shale formations, including
the Barnett, Haynesville, and Bossier shale gas formations. Venture
Global states that this supply may be sourced in requisite volumes in
the spot market or pursued under long-term arrangements. Venture Global
commits to filing all executed long-term purchase agreements with DOE/
FE under seal, as set forth in recent DOE/FE orders.\12\
---------------------------------------------------------------------------
\12\ DOE/FE has previously determined that this commitment meets
the requirements of 10 CFR 590.202(b), which requires applicants to
supply transaction-specific information ``to the extent
practicable.'' See, e.g., Sabine Pass Liquefaction, LLC, DOE/FE
Order No. 2833, Order Granting Long-Term Authorization to Export
Liquefied Natural Gas from Sabine Pass LNG Terminal to Free Trade
Nations, at 5-6 (Sept. 7, 2010).
---------------------------------------------------------------------------
Public Interest Considerations
Venture Global states that the proposed export of LNG to non-FTA
countries is consistent with the public interest under section 3(a) of
the NGA, 15 U.S.C. 717b(a). In support of this position, Venture Global
discusses: (i) The domestic need for the LNG proposed to be exported;
(ii) domestic
[[Page 30111]]
energy security and international impacts, including its plan to devote
a portion of the exports from its Project to the Republic of Haiti; and
(iii) other public benefits associated with its proposed exports,
including impacts on the price of U.S. natural gas, environmental
benefits, benefits to national security and foreign relations, and
economic benefits.
Focusing on domestic need for the LNG, Venture Global states that
domestic natural gas resources are abundant, environmentally friendly,
and affordable. It asserts that domestic resources are sufficient to
meet both the domestic consumption demand and any expected level of LNG
exports--including those proposed by Venture Global--in the long-term.
According to Venture Global, recent technological developments in the
natural gas industry have led to significant increases in domestically-
produced natural gas, particularly with regard to non-conventional
production from onshore shale formations. Citing data from the U.S.
Energy Information Administration (EIA), Venture Global states that
total dry natural gas production in the United States was approximately
24.04 trillion cubic feet (Tcf) in 2011--the highest level in U.S.
history to that point and an increase of approximately 27% compared to
production of approximately 18.05 Tcf in 2005.\13\
---------------------------------------------------------------------------
\13\ See https://www.eia.gov/dnav/ng/hist/n9070us2a.htm.
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Focusing on projections from EIA's Annual Energy Outlook 2013 Early
Release (AEO 2013 Early Release),\14\ Venture Global states that U.S.
production will continue to increase significantly in the coming years.
According to Venture Global, the Reference Case in the AEO 2013 Early
Release projects that domestic dry gas production will increase to
33.14 Tcf by 2040,\15\ an increase of 44% compared to the 2011
production levels. Citing this data, Venture Global contends that the
United States will become a net exporter of LNG in 2016 and a net
exporter of natural gas in 2020.\16\ Venture Global further contends
that, while domestic gas consumption is expected to increase over time
and reach 29.83 Tcf in 2040, U.S. supply will grow faster, leading to
increasing levels of excess supply over time.
---------------------------------------------------------------------------
\14\ U.S. Energy Information Administration, Annual Energy
Outlook 2013 with Projections to 2040 (April 2013), available at:
https://www.eia.gov/forecasts/aeo/pdf/0383(2013).pdf.
\15\ Id., EIA, 2013 AEO Early Release at Table A1.
\16\ Id., EIA, 2013 AEO Early Release at 11.
---------------------------------------------------------------------------
Venture Global asserts that the increase in U.S. gas reserves in
recent years has been as dramatic as the growth in production.
According to Venture Global, EIA estimated proved dry natural gas
reserves of approximately 304.6 Tcf as of year-end 2010--the largest
level in U.S. history and an increase of roughly one-third compared to
EIA's estimate of proved reserves of 204.4 Tcf as of 2005.\17\
---------------------------------------------------------------------------
\17\ See https://www.eia.gov/dnav/ng/hist/rngr11nus_1a.htm.
---------------------------------------------------------------------------
Venture Global next states that the Potential Gas Committee, in its
biennial report on potential U.S. supplies, concluded that the United
States possesses a technically recoverable natural gas resource
potential of 2,384 Tcf, the highest resource evaluation in the
Potential Gas Committee's 48-year history.\18\ Venture Global states
that when the Potential Gas Committee's latest results are combined
with EIA's latest available determination of proved dry-gas reserves
(304.6 Tcf for 2010), the United States has a total available future
supply of 2,688.5 Tcf, representing an increase of 486.1 Tcf over the
Potential Gas Committee's evaluation in 2010.
---------------------------------------------------------------------------
\18\ See https://potentialgas.org/press-release.
---------------------------------------------------------------------------
Venture Global contends that, for purposes of comparison with
current reserves, total U.S. gas consumption in 2011 was approximately
25.5 Tcf, meaning that the total available supply exceeds 105 years of
the 2011 consumption levels. Venture Global asserts that, even if EIA's
forecast for total consumption in 2040 (29.83 Tcf) is used for
comparison, the current supply is equivalent to more than 90 years of
consumption.
Venture Global further states that numerous reports have projected
sufficient volumes of domestic natural gas to meet both domestic demand
and LNG exports.\19\ Citing the 2012 study conducted by NERA Economic
Consulting (NERA) as part of DOE's LNG Export Study,\20\ Venture Global
states that LNG exports will provide a net economic benefit to the
United States, regardless of the amount of LNG exported from the United
States.
---------------------------------------------------------------------------
\19\ See, e.g., Deloitte Center for Energy Solutions and
Deloitte Market Point LLC, Made in America--The Economic Impact of
LNG Exports from the Unites States, available at: https://www.deloitte.com/view/en_US/us/Industries/oil-gas/9f70dd1cc9324310VgnVCM1000001a56f00aRCRD.htm.
\20\ Macroeconomic Impacts of LNG Export from the Unites States,
NERA Economic Consulting, available at: https://www.fossil.energy.gov/programs/gasregulation/reports/nera_lng_report.pdf.
---------------------------------------------------------------------------
Venture Global maintains that it seeks to export relatively small
volumes of LNG, as compared to other long-term LNG export applications
granted by or pending before DOE/FE. Further, Venture Global states
that its proposed volume of LNG--equivalent to approximately 243.6 Bcf/
yr of natural gas--is de minimis in the national gas market, where
growing supplies are far in excess of that domestic need. Venture
Global states that, given the current and projected amounts of domestic
supply and demand of natural gas described above, its proposed export
authorization will not have a negative impact on domestic needs for
natural gas and therefore is not inconsistent with the public interest.
Venture Global also contends that its proposed export volumes to
non-FTA countries are sufficiently small that they will have a minimal
effect, if any, on domestic energy supply. Further, according to
Venture Global, the NERA study and other studies have demonstrated that
the proposed export of LNG will not have a substantial impact on the
domestic price of natural gas. Additional details can be found in
Venture Global's Application, which is posted on the DOE/FE Web site
at: https://www.fossil.energy.gov/programs/gasregulation/authorizations/2013_applications/13_69_lng.pdf
Environmental Impact
According to Venture Global, a grant of the Application would not
constitute a federal action significantly affecting the human
environment within the meaning of the National Environmental Policy Act
(NEPA), 42 U.S.C. 4321 et seq. Venture Global states that it will be
seeking all necessary federal, state, and local permits to construct
the necessary export facilities for the Project. Once plans for the
Project are developed further, it will request permission to commence
the Federal Energy Regulatory Commission's (FERC) mandatory pre-filing
process under NEPA and will file an application for the necessary FERC
authorization for the construction and operation of its facilities.
Venture Global states that, consistent with prior orders by DOE/FE, the
requested authorization should be conditioned on its receipt of all
necessary FERC authorizations of the facilities needed for the export
of LNG.
DOE/FE Evaluation
The Application will be reviewed pursuant to section 3(a) of the
NGA, 15 U.S.C. 717b(a), and DOE will consider any issues required by
law or policy. To the extent determined to be relevant, these issues
will include the domestic need for the natural gas proposed to be
exported, the adequacy of domestic natural gas supply, U.S. energy
security, and the cumulative impact of the requested authorization and
any other
[[Page 30112]]
LNG export application(s) previously approved on domestic natural gas
supply and demand fundamentals. DOE may also consider other factors
bearing on the public interest, including the impact of the proposed
exports on the U.S. economy (including GDP, consumers, and industry),
job creation, the U.S. balance of trade, and international
considerations; and whether the authorization 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 address these issues in
their comments and/or protests, as well as other issues deemed relevant
to the Application.
NEPA requires DOE to give appropriate consideration to the
environmental effects of its decisions. No final decision will be
issued in this proceeding until DOE has met its environmental
responsibilities.
Due to the complexity of the issues raised by the Applicant,
interested persons will be provided 60 days from the date of
publication of this Notice in which to submit comments, protests,
motions to intervene, notices of intervention, or motions for
additional procedures.
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)
Emailing the filing to fergas@hq.doe.gov, with FE Docket No. 13-69-LNG
in the title line; (2) mailing an original and three paper copies of
the filing to the Office of Oil and Gas Global Security and Supply at
the address listed in ADDRESSES; or (3) hand delivering an original and
three paper copies of the filing to the Office of Oil and Gas Global
Supply at the address listed in ADDRESSES. All filings must include a
reference to FE Docket No. 13-69-LNG.
Please Note: If submitting a filing via email, please include
all related documents and attachments (e.g., exhibits) in the
original email correspondence. Please do not include any active
hyperlinks or password protection in any of the documents or
attachments related to the filing. All electronic filings submitted
to DOE must follow these guidelines to ensure that all documents are
filed in a timely manner. Any hardcopy filing submitted greater in
length than 50 pages must also include, at the time of the filing, a
digital copy on disk of the entire submission.
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 is available for inspection and copying in the
Division 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/.
Issued in Washington, DC, on May 20, 2014.
John A. Anderson,
Director, Division of Natural Gas Regulatory Activities, Office of Oil
and Gas Global Security and Supply, Office of Oil and Natural Gas.
[FR Doc. 2014-12210 Filed 5-23-14; 8:45 am]
BILLING CODE 6450-01-P