[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Notices]
[Pages 5325-5326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01638]


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

DEPARTMENT OF ENERGY

[Docket No. 15-96-LNG]


Change In Control; Port Arthur LNG, LLC

AGENCY: Office of Fossil Energy and Carbon Management, Department of 
Energy.

ACTION: Notice of change in control.

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

SUMMARY: The Office of Fossil Energy and Carbon Management (FECM) 
(formerly the Office of Fossil Energy) of the Department of Energy 
(DOE) gives notice of receipt of a Statement of Change in Control 
(Statement) filed by Port Arthur LNG, LLC (PALNG) on December 21, 2022. 
The Statement describes a change in PALNG's upstream ownership. The 
Statement was filed under the Natural Gas Act (NGA).

DATES: Protests, motions to intervene, or notices of intervention, as 
applicable, and written comments are to be filed electronically as 
detailed in the Public Comment Procedures section no later than 4:30 
p.m., Eastern time, February 13, 2023.

ADDRESSES: Electronic Filing by email: [email protected].
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including postal mail and hand 
delivery/courier, DOE has found it necessary to make temporary 
modifications to the comment submission process in light of the ongoing 
Covid-19 pandemic. DOE is currently accepting only electronic 
submissions at this time. If a commenter finds that this change poses 
an undue hardship, please contact Office of Resource Sustainability 
staff at (202) 586-4749 or (202) 586-7893 to discuss the need for 
alternative arrangements. Once the Covid-19 pandemic health emergency 
is resolved, DOE anticipates resuming all of its regular options for 
public comment submission, including postal mail and hand delivery/
courier.

FOR FURTHER INFORMATION CONTACT: 
Jennifer Wade or Peri Ulrey, U.S. Department of Energy (FE-34), Office 
of Regulation, Analysis, and Engagement, Office of Resource 
Sustainability, Office of Fossil Energy and Carbon Management, 
Forrestal Building, Room 3E-042, 1000 Independence Avenue SW, 
Washington, DC 20585, (202) 586-4749 or (202) 586-7893, 
[email protected] or [email protected]
Cassandra Bernstein, U.S. Department of Energy (GC-76), Office of the 
Assistant General Counsel for Energy Delivery and Resilience, Forrestal 
Building, Room 6D-033, 1000 Independence Avenue SW, Washington, DC 
20585, (202) 586-9793, [email protected]

SUPPLEMENTARY INFORMATION:

Summary of Change in Control

    PALNG states that, on November 22, 2022, Sempra PALNG Holdings, LLC 
(Sempra PALNG Member) (a wholly-owned subsidiary of Sempra 
Infrastructure Partners, LP (SI Partners) and the indirect upstream 
owner of PALNG) and ConocoPhillips Port Arthur LNG LLC (COP-PALNG 
Member) (a wholly-owned subsidiary of ConocoPhillips Company (COP)) 
entered into an equity purchase and sale agreement (Transaction) 
whereby COP-PALNG Member will purchase from Sempra PALNG Member a non-
controlling 30 percent equity interest in Port Arthur Liquefaction 
Holdings, LLC (PA Liquefaction Holdings). PA Liquefaction Holdings 
directly holds 100 percent of the equity interest in PALNG. PALNG 
states that, following consummation of the Transaction, SI Partners 
will continue to maintain control of PALNG as the indirect 70 percent 
majority owner, with COP having certain minority protections as the 
indirect 30 percent minority owner. PALNG further states that the 
Transaction is expected to close in the first quarter of 2023.
    A chart illustrating the ownership structure of PALNG before and 
after the Transaction is attached to the Statement as Exhibit A and B, 
respectively. Additional details can be found in the

[[Page 5326]]

Statement, posted on the DOE website at: www.energy.gov/sites/default/files/2022-12/PALNG%20-%20Statement%20of%20Change%20in%20Control%2012.21.2022.pdf.

DOE Evaluation

    DOE will review the Statement in accordance with its Procedures for 
Changes in Control Affecting Applications and Authorizations to Import 
or Export Natural Gas (CIC Procedures).\1\ Consistent with the CIC 
Procedures, this notice addresses PALNG's existing authorization to 
export liquefied natural gas (LNG) to non-free trade agreement (non-
FTA) countries, granted in DOE/FE Order No. 4372, as amended.\2\ If no 
interested person protests the change in control and DOE takes no 
action on its own motion, the proposed change in control 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 authorizations inconsistent with the public interest.
---------------------------------------------------------------------------

    \1\ 79 FR 65541 (Nov. 5, 2014).
    \2\ PALNG's Statement also applies to its existing authorization 
to export LNG to FTA countries in Docket Nos. 15-53-LNG and 18-162-
LNG, but DOE will respond to that portion of the filing separately 
pursuant to the CIC Procedures, 79 FR 65542.
---------------------------------------------------------------------------

Public Comment Procedures

    Interested persons will be provided 15 days from the date of 
publication of this notice in the Federal Register to move to 
intervene, protest, and answer PALNG's Statement.\3\ Protests, motions 
to intervene, notices of intervention, and written comments are invited 
in response to this notice only as to the change in control described 
in the Statement. All protests, comments, motions to intervene, or 
notices of intervention must meet the requirements specified by DOE's 
regulations in 10 CFR part 590, including the service requirements.
---------------------------------------------------------------------------

    \3\ Intervention, if granted, would constitute intervention only 
in the change in control portion of these proceedings, as described 
herein.
---------------------------------------------------------------------------

    As noted, DOE is only accepting electronic submissions at this 
time. Please email the filing to [email protected]. All filings must 
include a reference to ``Docket No. 15-96-LNG'' in the title line, or 
``Port Arthur LNG, LLC Change in Control'' in the title line.
    Please Note: 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.
    The Statement, and any filed protests, motions to intervene, 
notices of intervention, and comments will be available electronically 
on the DOE website at: www.energy.gov/fecm/regulation.

    Signed in Washington, DC, on January 22, 2023.
Amy R. Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of 
Resource Sustainability.
[FR Doc. 2023-01638 Filed 1-26-23; 8:45 am]
BILLING CODE 6450-01-P