[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Notices]
[Pages 30837-30838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12455]
[[Page 30837]]
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DEPARTMENT OF ENERGY
[FE Docket No. 14-001-CIC]
Cameron LNG, LLC; Application To Transfer Control of Long-Term
Authorization To Export LNG to Free Trade Agreement Nations and
Conditional Long-Term Authorization to Non-Free Trade Agreement Nations
AGENCY: Office of Fossil Energy, DOE.
ACTION: Notice of application.
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SUMMARY: The Office of Fossil Energy (FE) of the Department of Energy
(DOE) gives notice of receipt of an application (Application), filed on
February 18, 2014, by Cameron LNG, LLC (Cameron), requesting to
transfer indirect control of two export authorizations that it
currently holds: an authorization to export liquefied natural gas (LNG)
to any country with which the United States has a free trade agreement
(FTA) that requires national treatment for trade in natural gas (FTA
countries), and a conditional authorization to export LNG to countries
with which the United States does not have a FTA that requires national
treatment for trade in natural gas (non-FTA countries). Cameron seeks
authorization to transfer its authorizations pursuant to 10 CFR
590.405, which states, in its entirety, that ``authorizations by the
Assistant Secretary to import or export natural gas shall not be
transferable or assignable, unless specifically authorized by the
Assistant Secretary.''
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 18,
2014.
ADDRESSES:
Electronic Filing by email: [email protected]
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 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-042, 1000 Independence Avenue SW.,
Washington, DC 20585, (202) 586-9478; (202) 586-9387.
Edward Myers, U.S. Department of Energy (GC-76) Office of the Assistant
General Counsel for Electricity and Fossil Energy, Forrestal Building,
1000 Independence Ave. SW., Washington, DC 20585, (202) 586-9793.
SUPPLEMENTARY INFORMATION:
Background
Applicant. Cameron states that it is a Delaware limited liability
company with its executive offices in Houston, Texas. Cameron further
states that it is a wholly-owned subsidiary of Sempra LNG Holdings,
which is a wholly owned subsidiary of Sempra Energy, a publicly traded
corporation. Cameron constructed and operates the Cameron LNG Terminal,
and has an interconnection with the Cameron Interstate Pipeline.
Procedural History. This Application concerns two export
authorizations issued by DOE/FE to Cameron. First, on January 17, 2012,
DOE/FE issued Order No. 3059, in which it authorized Cameron to export
domestically produced LNG in a volume equivalent to approximately 620
billion cubic feet per year (Bcf/yr) of natural gas by vessel from the
Cameron LNG Terminal to FTA countries for a period of 20 years,
beginning on the earlier of the date of first cargo export or seven
years from the date of authorization.\1\
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\1\ Order Conditionally Granting Long-Term Multi-Contract
Authorization to Export Liquefied Natural Gas by Vessel from the
Cameron LNG Terminal to Free Trade Agreement Nations, Order No.
3059, Cameron LNG, LLC, FE Docket No. 11-145-LNG (2012).
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Second, on February 11, 2014, DOE/FE issued Order No. 3391, in
which it authorized Cameron to export domestically produced LNG in a
volume equivalent to approximately 620 Bcf/yr of natural gas to non-FTA
countries for a 20-year period, commencing on the earlier of the date
of first cargo export or seven years from the date of the
authorization.\2\ As these volumes authorized for export from the
Cameron LNG Terminal are the same, they are not additive.\3\
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\2\ Order Conditionally Granting Long-Term Multi-Contract
Authorization to Export Liquefied Natural Gas by Vessel for the
Cameron LNG Terminal in Cameron Parish, Louisiana, to Non-Free Trade
Agreement Nations, Order No. 3391, Cameron LNG, LLC, FE Docket No.
11-162-LNG (2014).
\3\ Cameron LNG, LLC, FE Docket No. 11-162-LNG at 142 (Ordering
Paragraph C).
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Current Application
Pursuant to 10 CFR 590.405, Cameron seeks approval for the indirect
transfer of control due to a change in its upstream ownership
structure. Cameron states in its Application that Sempra LNG's interest
in Cameron will transfer to Cameron LNG Holdings, which is a wholly
owned subsidiary of Sempra LNG Holdings. Sempra LNG Holdings will issue
additional membership holdings in Cameron LNG Holdings equal to a 49.8%
interest in Cameron LNG Holdings.
Sempra LNG Holdings will convey a 16.6% interest to GDF Suez
Cameron LNG Holding II Corporation, a Delaware corporation and a wholly
owned, indirect subsidiary of GDF Suez. Sempra LNG Holdings will convey
a 16.6% interest to Mitsui & Co. Cameron LNG Investment, Inc., a
Delaware corporation and a wholly owned, indirect subsidiary of Mitsui,
Inc. Sempra LNG Holdings will convey a 16.6% interest to Japan LNG
Investment, LLC, a Delaware limited liability company indirectly owned
by the Nippon Yusen Kabushiki Shipping Company through NYK Cameron LNG
Holdings, Inc., (a Delaware corporation) and to Mitsubishi through
Diamond Gas America Corporation (also a Delaware corporation). Cameron
states that it will continue to own the authorizations; only the
upstream ownership structure will change.
Public Interest Considerations
Cameron states that the proposed indirect transfer of control will
not undermine the public interest, and that the export characteristics
will be unchanged. Specifically, Cameron maintains that the proposed
transfer of indirect control will not affect the amount of gas
authorized for export, the scope of the project, the commencement date
of the project, the source of the gas supply, the price, or other terms
of the transaction. Further, Cameron states that DOE/FE has granted
applications to transfer or assign import authorizations to customers
of the authorization holder in other proceedings, which is the type of
transfer that Cameron proposes.
Environmental Impact
Cameron states that no changes to the Cameron LNG Terminal would be
required for the requested change in control. Therefore, Cameron
maintains that a grant of its 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., nor would an
[[Page 30838]]
environmental impact statement or environmental assessment be required.
DOE/FE Evaluation
Cameron's Application will be reviewed pursuant to section 3 of the
NGA, as amended, and the authority contained in DOE Delegation Order
No. 00-002.00N (July 11, 2013) and DOE Redelegation Order No. 00-
002.04F (July 11, 2013). In reviewing this Application, DOE will
consider the application, comments filed in response to this
application, and as well as any other issues determined to be
appropriate including conformity with the regulations at 10 CFR 590.405
and the Natural Gas Act at 15 U.S.C. 717b. 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, to the extent any are deemed to exist.
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 [email protected], with FE Docket No. 14-001-CIC
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. 14-001-CIC. 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 8:00 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: http://www.fe.doe.gov/programs/gasregulation/index.html.
Issued in Washington, DC, on May 22, 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. 2014-12455 Filed 5-28-14; 8:45 am]
BILLING CODE 6450-01-P