[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Notices]
[Pages 50134-50135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16271]


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DEPARTMENT OF ENERGY

[Docket Nos. 11-128-LNG and 22-22-LNG]


Change in Control: Cove Point LNG, LP

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

ACTION: Notice of change in control.

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SUMMARY: The Office of Fossil Energy and Carbon Management (FECM) of 
the Department of Energy (DOE) gives notice of receipt of a 
Notification in Accordance with Procedures for Changes in Control 
(Notification) filed by Cove Point LNG, LP (CPLNG) on July 11, 2023. 
The Notification describes an expected change in CPLNG's upstream 
ownership. The Notification 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 as detailed in the 
Public Comment Procedures section no later than 4:30 p.m., Eastern 
time, August 16, 2023.

ADDRESSES: 
    Electronic Filing by email (Strongly encouraged): 
[email protected].
    Postal Mail, Hand Delivery, or Private Delivery Services (e.g., 
FedEx, UPS, etc.)
    U.S. Department of Energy (FE-34), Office of Regulation, Analysis, 
and Engagement, Office of Fossil Energy and Carbon Management, 
Forrestal Building, Room 3E-056, 1000 Independence Avenue SW, 
Washington, DC 20585.
    Due to potential delays in DOE's receipt and processing of mail 
sent through the U.S. Postal Service, we encourage respondents to 
submit filings electronically to ensure timely receipt.

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

    CPLNG states that, on July 9, 2023, Berkshire Hathaway Energy 
Company (BHE), Eastern MLP Holding Company II, LLC (Eastern MLP II), 
DECP Holdings, Inc. (DECP Holdings), and Dominion Energy, Inc. (DEI) 
entered into a Purchase and Sale Agreement (PSA) affecting CPLNG's 
upstream ownership. CPLNG states that it is a Delaware limited 
partnership that owns and operates the Cove Point Terminal, located in 
Lusby, Maryland, along with an 88-mile natural gas pipeline corridor 
connecting the Cove Point Terminal to the interstate pipeline grid. 
According to CPLNG, Eastern MLP II, a Virginia limited liability 
company, is a wholly owned indirect subsidiary of BHE, which is an Iowa 
corporation and a subsidiary of Berkshire Hathaway Inc., a Delaware 
corporation, and DECP Holdings, a Virginia corporation, is a wholly 
owned indirect subsidiary of DEI, a Virginia corporation. Prior to the 
PSA, DECP Holdings held a 50% limited partnership interest in CPLNG, 
and Eastern MLP II held a 25% limited partnership interest in CPLNG. 
Under the PSA, DECP Holdings would transfer all of its limited 
partnership interest in CPLNG to Eastern MLP II. The transaction would 
increase Eastern MLP II's limited partnership interest in CPLNG (and 
therefore BHE's indirect ownership) from 25% to 75% and would end DEI's 
ownership of any interest in CPLNG. CPLNG states that Berkshire 
Hathaway Inc. indirectly owns 100% of the general partnership interest 
in CPLNG through its wholly owned indirect subsidiary Cove Point GP 
Holding Company, LLC, and that the transaction would not affect this 
ownership stake. CPLNG further states that ``[t]he parties anticipate 
closing the transaction upon receipt of all regulatory approvals.''
    Charts illustrating the ownership structure of CPLNG before and 
after the PSA are attached to the Notification as Attachments A-1 and 
A-2, respectively. Additional details can be found in the Notification, 
posted on the DOE website at: www.energy.gov/sites/default/files/2023-07/Final%20BHE%20Cove%20Point%20DOE%20CIC%20Filing%20%287.11.2023%29.pdf.

DOE Evaluation

    DOE will review the Notification 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 CPLNG's existing authorizations 
to export liquefied natural gas (LNG) to countries with which the 
United States has not entered into a free trade agreement (FTA) 
requiring national treatment for trade in natural gas (FTA countries) 
and with which trade is not prohibited by United States law or policy 
(non-FTA countries), granted in DOE/FE Order No. 3331-A, as amended, 
and DOE/FECM Order No. 4849.\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.
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    \1\ 79 FR 65541 (Nov. 5, 2014).
    \2\ CPLNG's Notification also applies to its existing 
authorizations to export LNG to FTA countries in Docket No. 11-115-
LNG and to import LNG from various international sources for two 
years in Docket No. 22-155-LNG. DOE will respond to those portions 
of the filing separately pursuant to the CIC Procedures, 79 FR 
65542.
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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 CPLNG's Notification.\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 Notification. 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.
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    \3\ Intervention, if granted, would constitute intervention only 
in the change in control portion of these proceedings, as described 
herein.
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    Filings may be submitted using one of the following methods:
    (1) Submitting the filing electronically at [email protected];
    (2) Mailing the filing to the Office of Regulation, Analysis, and 
Engagement at the address listed in the ADDRESSES section; or
    (3) Hand delivering the filing to the Office of Regulation, 
Analysis, and

[[Page 50135]]

Engagement at the address listed in the ADDRESSES section.
    For administrative efficiency, DOE prefers filings to be filed 
electronically. All filings must include a reference to ``Docket No. 
11-128-LNG'' in the title line, or ``Cove Point LNG, LP Change in 
Control'' in the title line.
    For electronic submissions: 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 Notification, 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 July 27, 2023.
Amy R. Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of 
Resource Sustainability.
[FR Doc. 2023-16271 Filed 7-31-23; 8:45 am]
BILLING CODE 6450-01-P