Procedures for Changes in Control Affecting Applications and Authorizations To Import or Export Natural Gas, 65541-65542 [2014-25143]

Download as PDF 65541 Rules and Regulations Federal Register Vol. 79, No. 214 Wednesday, November 5, 2014 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. NUCLEAR REGULATORY COMMISSION 10 CFR Part 50 FOR FURTHER INFORMATION CONTACT: [NRC–2014–0238] Steven Lynch, Office of Nuclear Reactor Regulation; U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, telephone: 301–415–1524; email: Steven.Lynch@nrc.gov. RIN 3150–AJ48 Definition of a Utilization Facility Nuclear Regulatory Commission. ACTION: Direct final rule; correction. AGENCY: rmajette on DSK2VPTVN1PROD with RULES 15:07 Nov 04, 2014 Jkt 235001 On October 17, 2014 (79 FR 62329), the NRC published a Direct Final Rule to amend the NRC’s regulations to add SHINE Medical Technologies, Inc.’s accelerator-driven subcritical operating assemblies, as described in the application assigned docket number 50– 608, to the definition of utilization facility. That rule incorrectly identified the docket identification number for the action as NRC–2013–0053, and the RIN for the action as 3150–AJ18. SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission (NRC) is correcting the docket identification number and Regulation Identifier Number (RIN) for a Direct Final Rule published in the Federal Register (FR) on October 17, 2014, to amend the NRC’s regulations to add SHINE Medical Technologies, Inc.’s accelerator-driven subcritical operating assemblies, as described in the application assigned docket number 50– 608, to the definition of utilization facility. DATES: This correction is effective November 5, 2014. ADDRESSES: Please refer to Docket ID NRC–2014–0238 when contacting the NRC about the availability of information for this document. You may obtain publicly-available information related to this direct final rule by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2014–0238. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at SUMMARY: VerDate Sep<11>2014 http://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, at 301–415–4737, or by email to pdr.resource@nrc.gov. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. Accordingly, in direct final rule FR Doc. 2014–24732, on page 62329, in the Friday issue of October 17, 2014 (79 FR 62329), the docket identification number NRC–2013–0053 in the heading of the document and in all other instances on page 62329 and 62330, is revised to read NRC–2014–0238. In addition, the RIN, 3150–AJ18, in the heading of the document is revised to read 3150–AJ48. Dated at Rockville, Maryland, this 30th day of October, 2014. For the Nuclear Regulatory Commission. Cindy Bladey, Chief, Rules, Announcements, and Directives Branch, Division of Administrative Services, Office of Administration. [FR Doc. 2014–26254 Filed 11–4–14; 8:45 am] BILLING CODE 7590–01–P Frm 00001 10 CFR Part 590 Procedures for Changes in Control Affecting Applications and Authorizations To Import or Export Natural Gas Office of Fossil Energy, Department of Energy. ACTION: Notice of procedures. AGENCY: The U.S. Department of Energy’s (DOE or the Department) regulations require applications to export natural gas from the United States to identify ‘‘all the participants in the transaction, including the parent company, if any, and identification of any corporate or other affiliations among the participants.’’ In many cases, either before or after a final export authorization has been issued, ownership or management of the exporting entity changes hands, resulting in a change in control (CIC). This document sets forth procedures that will apply when applicants to import or export natural gas or those entities that have already received an import or export authorization undergo changes in control. DATES: Effective November 5, 2014, and applicable beginning September 26, 2014. SUMMARY: FOR FURTHER INFORMATION CONTACT: Correction PO 00000 DEPARTMENT OF ENERGY Fmt 4700 Sfmt 4700 Benjamin Nussdorf, U.S. Department of Energy (FE–34), Office of Oil and Gas Global Security and Supply, Office of Fossil Energy, Forrestal Building, Room 3E–052, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586–7893. Samuel Walsh, U.S. Department of Energy (GC–1), Office of the General Counsel, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586– 6732. SUPPLEMENTARY INFORMATION: I. Background Pursuant to section 3(a) of the Natural Gas Act (NGA), 15 U.S.C. 717b(a), no person may import or export natural gas without authorization from DOE, and DOE will approve such imports or exports unless, after opportunity for a hearing, it determines that imports or exports are not consistent with the public interest. Section 3(c) of the NGA E:\FR\FM\05NOR1.SGM 05NOR1 65542 Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Rules and Regulations rmajette on DSK2VPTVN1PROD with RULES provides that exports of natural gas to countries with which the United States has entered into a free trade agreement (FTA) providing for national treatment for trade in natural gas (FTA countries),1 and all imports of liquefied natural gas (LNG) from any country, are deemed in the public interest and must be granted without modification or delay. 15 U.S.C. 717b(c). DOE’s regulations at 10 CFR 590.204(b) require applicants to amend pending applications whenever there are changes in material facts or conditions upon which the proposal is based. Additionally, DOE’s regulations at 10 CFR 590.405 state that authorizations to import or export natural gas shall not be transferable or assignable unless specifically authorized by the Assistant Secretary for Fossil Energy. In applying § 590.405, DOE has made clear that a change in control of the authorization holder may occur through asset sale or stock transfer or by other means. DOE has also explained that it construes a change in control to mean a change, directly or indirectly, of the power to direct the management or policies of an entity whether such power is exercised through one or more intermediary companies or pursuant to an agreement, written or oral, and whether such power is established through ownership or voting of securities, or common directors, officers, or stockholders, or voting trusts, holding trusts, or debt holdings, or contract, or any other direct or indirect means. DOE has explained that a rebuttable presumption that control exists will arise from the ownership or the power to vote, directly or indirectly, 10 percent or more of the voting securities of such entity. II. Discussion This document announces new procedures to amend both applications pending before DOE and authorizations already issued by DOE to reflect changes in control of the proposed or actual importing or exporting entity (or entities). These procedures are intended to streamline the process for making these changes without affecting DOE’s ability to make the public interest determination required by Section 3(a) of the NGA. These procedures do not affect the existing standard used by DOE to determine if a change in control has occurred or will occur. 1 ‘‘Non-FTA countries’’ refers to those nations with which the United States has not entered into a FTA providing for national treatment for trade in natural gas, and with which trade is not prohibited by U.S. law or policy. DOE reviews applications for exports of natural gas to non-FTA countries under NGA section 3(a). VerDate Sep<11>2014 15:07 Nov 04, 2014 Jkt 235001 a. Timing Entities may file notice of changes in control before such changes have been effectuated but, in all cases, must file notice of changes in control no later than 30 days after such changes have been effectuated or 30 days after publication of this document, whichever is later, unless good cause is shown for a later filing. b. Non-FTA Natural Gas Export Applications and Authorizations With respect to pending non-FTA export applications, i.e., proceedings in which DOE has not yet issued a final order, applicants may amend their applications to reflect a change in control by submitting notice of such amendment to DOE and serving that notice on other parties in the proceeding, as provided in 10 CFR 590.107. DOE will give immediate effect to the amendment but will accept and consider answers to the notice of amendment received within 15 days of service of the applicant’s pleading. See 10 CFR 590.302(b). DOE then will address the issues raised in any answers to such an amendment in its final order on the pending application. Unless the opponents of the change in control demonstrate that the change renders the underlying application inconsistent with the public interest, or unless DOE independently makes such a determination, no further action will be taken by DOE on the change in control and the amendment will continue to be given effect. With respect to final non-FTA export authorizations already issued by DOE, authorization holders may submit a statement of change in control to DOE using one of the following methods: (1) Emailing the filing to fergas@hq.doe.gov with CIC and the FE Docket No. in the title line; (2) mailing an original and three paper copies of the filing to U.S. Department of Energy (FE–34), Office of Oil and Gas Global Security and Supply, P.O. Box 44375, Washington, DC 20026– 4375; or (3) hand delivering an original and three paper copies of the filing to 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. Upon receipt of such a statement of change in control, DOE will give effect to the change in control and will publish a notice of the change in the Federal Register. Interested persons will be provided 15 days from the date of publication in the Federal Register in order to move to intervene, protest, and PO 00000 Frm 00002 Fmt 4700 Sfmt 9990 answer the statement of change in control. If no interested person protests the change in control and DOE takes no action on its own motion, the amendment will be deemed granted 30 days after publication in the Federal Register. If one or more protests are submitted, DOE will review any motions to intervene, protests, and answers, and will issue a determination as to whether the proposed change in control has been demonstrated to render the underlying authorization inconsistent with the public interest. c. FTA Long-Term Natural Gas Applications and Authorizations and Non-FTA Long-Term LNG Import Applications and Authorizations With respect to pending FTA longterm natural gas import or export applications and pending non-FTA long-term LNG import applications, applicants may amend their applications to reflect a change in control by submitting a notice of such amendment to DOE. DOE will give immediate effect to the amendment and take no further action. With respect to FTA long-term natural gas import or export authorizations and non-FTA long-term LNG import authorizations already issued by DOE, authorization holders may submit a statement of change in control to DOE using one of the three methods set forth above. Upon receipt of the statement, DOE will give immediate effect to the change in control and take no further action. Long-term FTA applicants or authorization holders simultaneously seeking to amend their non-FTA applications or authorizations may provide notice to DOE of the change in control in a single notice or statement, respectively, so long as the desired change to the long-term FTA application or authorization is described clearly with reference to the applicable orders or docket numbers. This document is applicable beginning September 26, 2014. Issued in Washington, DC, on October 16, 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. 2014–25143 Filed 11–4–14; 8:45 am] BILLING CODE 6450–01–P E:\FR\FM\05NOR1.SGM 05NOR1

Agencies

[Federal Register Volume 79, Number 214 (Wednesday, November 5, 2014)]
[Rules and Regulations]
[Pages 65541-65542]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25143]


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DEPARTMENT OF ENERGY

10 CFR Part 590


Procedures for Changes in Control Affecting Applications and 
Authorizations To Import or Export Natural Gas

AGENCY: Office of Fossil Energy, Department of Energy.

ACTION: Notice of procedures.

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

SUMMARY: The U.S. Department of Energy's (DOE or the Department) 
regulations require applications to export natural gas from the United 
States to identify ``all the participants in the transaction, including 
the parent company, if any, and identification of any corporate or 
other affiliations among the participants.'' In many cases, either 
before or after a final export authorization has been issued, ownership 
or management of the exporting entity changes hands, resulting in a 
change in control (CIC). This document sets forth procedures that will 
apply when applicants to import or export natural gas or those entities 
that have already received an import or export authorization undergo 
changes in control.

DATES: Effective November 5, 2014, and applicable beginning September 
26, 2014.

FOR FURTHER INFORMATION CONTACT: 
Benjamin Nussdorf, U.S. Department of Energy (FE-34), Office of Oil and 
Gas Global Security and Supply, Office of Fossil Energy, Forrestal 
Building, Room 3E-052, 1000 Independence Avenue SW., Washington, DC 
20585, (202) 586-7893.
Samuel Walsh, U.S. Department of Energy (GC-1), Office of the General 
Counsel, Forrestal Building, 1000 Independence Avenue SW., Washington, 
DC 20585, (202) 586-6732.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to section 3(a) of the Natural Gas Act (NGA), 15 U.S.C. 
717b(a), no person may import or export natural gas without 
authorization from DOE, and DOE will approve such imports or exports 
unless, after opportunity for a hearing, it determines that imports or 
exports are not consistent with the public interest. Section 3(c) of 
the NGA

[[Page 65542]]

provides that exports of natural gas to countries with which the United 
States has entered into a free trade agreement (FTA) providing for 
national treatment for trade in natural gas (FTA countries),\1\ and all 
imports of liquefied natural gas (LNG) from any country, are deemed in 
the public interest and must be granted without modification or delay. 
15 U.S.C. 717b(c).
---------------------------------------------------------------------------

    \1\ ``Non-FTA countries'' refers to those nations with which the 
United States has not entered into a FTA providing for national 
treatment for trade in natural gas, and with which trade is not 
prohibited by U.S. law or policy. DOE reviews applications for 
exports of natural gas to non-FTA countries under NGA section 3(a).
---------------------------------------------------------------------------

    DOE's regulations at 10 CFR 590.204(b) require applicants to amend 
pending applications whenever there are changes in material facts or 
conditions upon which the proposal is based. Additionally, DOE's 
regulations at 10 CFR 590.405 state that authorizations to import or 
export natural gas shall not be transferable or assignable unless 
specifically authorized by the Assistant Secretary for Fossil Energy. 
In applying Sec.  590.405, DOE has made clear that a change in control 
of the authorization holder may occur through asset sale or stock 
transfer or by other means. DOE has also explained that it construes a 
change in control to mean a change, directly or indirectly, of the 
power to direct the management or policies of an entity whether such 
power is exercised through one or more intermediary companies or 
pursuant to an agreement, written or oral, and whether such power is 
established through ownership or voting of securities, or common 
directors, officers, or stockholders, or voting trusts, holding trusts, 
or debt holdings, or contract, or any other direct or indirect means. 
DOE has explained that a rebuttable presumption that control exists 
will arise from the ownership or the power to vote, directly or 
indirectly, 10 percent or more of the voting securities of such entity.

II. Discussion

    This document announces new procedures to amend both applications 
pending before DOE and authorizations already issued by DOE to reflect 
changes in control of the proposed or actual importing or exporting 
entity (or entities). These procedures are intended to streamline the 
process for making these changes without affecting DOE's ability to 
make the public interest determination required by Section 3(a) of the 
NGA. These procedures do not affect the existing standard used by DOE 
to determine if a change in control has occurred or will occur.

a. Timing

    Entities may file notice of changes in control before such changes 
have been effectuated but, in all cases, must file notice of changes in 
control no later than 30 days after such changes have been effectuated 
or 30 days after publication of this document, whichever is later, 
unless good cause is shown for a later filing.

b. Non-FTA Natural Gas Export Applications and Authorizations

    With respect to pending non-FTA export applications, i.e., 
proceedings in which DOE has not yet issued a final order, applicants 
may amend their applications to reflect a change in control by 
submitting notice of such amendment to DOE and serving that notice on 
other parties in the proceeding, as provided in 10 CFR 590.107. DOE 
will give immediate effect to the amendment but will accept and 
consider answers to the notice of amendment received within 15 days of 
service of the applicant's pleading. See 10 CFR 590.302(b). DOE then 
will address the issues raised in any answers to such an amendment in 
its final order on the pending application. Unless the opponents of the 
change in control demonstrate that the change renders the underlying 
application inconsistent with the public interest, or unless DOE 
independently makes such a determination, no further action will be 
taken by DOE on the change in control and the amendment will continue 
to be given effect.
    With respect to final non-FTA export authorizations already issued 
by DOE, authorization holders may submit a statement of change in 
control to DOE using one of the following methods: (1) Emailing the 
filing to fergas@hq.doe.gov with CIC and the FE Docket No. in the title 
line; (2) mailing an original and three paper copies of the filing to 
U.S. Department of Energy (FE-34), Office of Oil and Gas Global 
Security and Supply, P.O. Box 44375, Washington, DC 20026-4375; or (3) 
hand delivering an original and three paper copies of the filing to 
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.
    Upon receipt of such a statement of change in control, DOE will 
give effect to the change in control and will publish a notice of the 
change in the Federal Register. Interested persons will be provided 15 
days from the date of publication in the Federal Register in order to 
move to intervene, protest, and answer the statement of change in 
control. If no interested person protests the change in control and DOE 
takes no action on its own motion, the amendment will be deemed granted 
30 days after publication in the Federal Register. If one or more 
protests are submitted, DOE will review any motions to intervene, 
protests, and answers, and will issue a determination as to whether the 
proposed change in control has been demonstrated to render the 
underlying authorization inconsistent with the public interest.

c. FTA Long-Term Natural Gas Applications and Authorizations and Non-
FTA Long-Term LNG Import Applications and Authorizations

    With respect to pending FTA long-term natural gas import or export 
applications and pending non-FTA long-term LNG import applications, 
applicants may amend their applications to reflect a change in control 
by submitting a notice of such amendment to DOE. DOE will give 
immediate effect to the amendment and take no further action.
    With respect to FTA long-term natural gas import or export 
authorizations and non-FTA long-term LNG import authorizations already 
issued by DOE, authorization holders may submit a statement of change 
in control to DOE using one of the three methods set forth above. Upon 
receipt of the statement, DOE will give immediate effect to the change 
in control and take no further action.
    Long-term FTA applicants or authorization holders simultaneously 
seeking to amend their non-FTA applications or authorizations may 
provide notice to DOE of the change in control in a single notice or 
statement, respectively, so long as the desired change to the long-term 
FTA application or authorization is described clearly with reference to 
the applicable orders or docket numbers.
    This document is applicable beginning September 26, 2014.

    Issued in Washington, DC, on October 16, 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. 2014-25143 Filed 11-4-14; 8:45 am]
BILLING CODE 6450-01-P