Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Notices 13755 

2. Administrative and National Policy 

Requirements: We identify 

administrative and national policy 

requirements in the application package 

and reference these and other 

requirements in the Applicable 

Regulations section of this notice. 

We reference the regulations outlining 

the terms and conditions of an award in 

the Applicable Regulations section of 

this notice and include these and other 

specific conditions in the GAN. The 

GAN also incorporates your approved 

application as part of your binding 

commitments under the grant. 

3. Grant Administration: Applicants 

should budget for a two-day meeting for 

project directors in Washington, DC, 

and a FLAP meeting at the American 

Council on the Teaching of Foreign 

Languages (ACTFL) Conference in 

Boston, MA, November 19–21, 2010. 

Funding for the meeting and conference 

should be budgeted in each subsequent 

year of the grant. 

4. Reporting: At the end of your 

project period, you must submit a final 

performance report, including financial 

information, as directed by the 

Secretary. You must also submit an 

annual performance report that provides 

the most current performance and 

financial expenditure information as 

specified by the Secretary under 34 CFR 

75.118. The Secretary may also require 

more frequent performance reports 

under 34 CFR 75.720(c). For specific 

requirements on reporting, please go to 

http://www.ed.gov/fund/grant/apply/

appforms/appforms.html. 

5. Performance Measures: In response 

to the Government Performance and 

Results Act (GPRA), the Department 

developed one objective for evaluating 

the overall effectiveness of the FLAP 

SEA program. 

Objective 1: To improve foreign 

language teaching. 

Measure 1.1 of 2: The number of 

teachers in the State receiving training 

as a result of the FLAP SEA project(s). 

Measure 1.2 of 2: The number of 

schools that use the assessments, 

standards, or curriculum developed by 

the FLAP SEA project(s) in the State. 

We will expect each SEA funded 

under this competition to document 

how its project is helping the 

Department meet these performance 

measures. Grantees will be expected to 

report on progress in meeting these 

performance measures in their Annual 

Performance Report and in their Final 

Performance Report. 

VII. Agency Contact 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Richey, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

room 5C144, Washington, DC 20202– 

6510. Telephone: (202) 401–1443 or by 

e-mail: rebecca.richey@ed.gov. 

If you use a TDD, call the FRS, toll 

free, at 1–800–877–8339. 

VIII. Other Information 

Accessible Format: Individuals with 

disabilities can obtain this document 

and a copy of the application package in 

an accessible format (e.g., braille, large 

print, audiotape, or computer diskette) 

on request to the program contact 

person listed under FOR FURTHER

INFORMATION CONTACT in section VII of 

this notice. 

Electronic Access to This Document: 

You can view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at this site. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Dated: March 18, 2010. 

Richard Smith, 

Acting Assistant Deputy Secretary and 

Director, Office of English Language 

Acquisition, Language Enhancement, and 

Academic Achievement for Limited English 

Proficient Students. 

[FR Doc. 2010–6369 Filed 3–22–10; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

[FE Docket No. 08–70–LNG] 

Freeport LNG Development, L.P.; 

Application To Amend Blanket 

Authorization To Export Liquefied 

Natural Gas 

AGENCY: Office of Fossil Energy, DOE. 

ACTION: Notice of Application to Amend 

Blanket Authorization. 

SUMMARY: The Office of Fossil Energy 

(FE) of the Department of Energy (DOE) 

gives notice of receipt of an application 

filed on March 4, 2010, by Freeport LNG 

Development, L.P. (Freeport LNG), 

requesting an amendment to its blanket 

authorization to export liquefied natural 

gas (LNG) granted by DOE/FE on May 

28, 2009, in DOE/FE Order No. 2644, 

and amended on September 22, 2009, in 

DOE/FE Order No. 2644–A. Freeport 

LNG seeks authorization to export 

foreign-sourced LNG from its Quintana 

Island, Texas facilities to any other 

country (in addition to those already 

specifically listed in DOE/FE Order No. 

2644, as amended) with capacity to 

import LNG via ocean-going carrier and 

with which trade is not prohibited by 

U.S. law or policy. 

The application is filed under section 

3 of the Natural Gas Act (NGA) (15 

U.S.C. 717b), as amended by section 201 

of the Energy Policy Act of 1992 (Pub. 

L. 102–486), DOE Delegation Order No. 

00–002.00I (Nov. 10, 2009), and DOE 

Redelegation Order No. 00–002.04D 

(November 6, 2007). 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 at the 

address listed below no later than 4:30 

p.m., eastern time, April 22, 2010. 

ADDRESSES: 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 Beverly Howard, 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, Office of the Assistant 

General Counsel for Fossil Energy and 

Energy Efficiency, Forrestal Building, 

Room 6B–159, 1000 Independence 

Ave., SW., Washington, DC 20585, 

(202) 586–3397. 

SUPPLEMENTARY INFORMATION: 

Background 

Freeport LNG is a Delaware limited 

partnership with one general partner, 

Freeport LNG–GP, Inc., a Delaware 

corporation, which is owned 50% by an 

individual, Michael S. Smith, and 50% 

by ConocoPhillips Company 

(ConocoPhillips). Freeport LNG’s 

limited partners are: (1) Freeport LNG 

Investments, LLLP, a Delaware limited 

liability limited partnership, which 

owns a 45% limited partnership interest 

in Freeport LNG; (2) Cheniere FLNG, 

L.P., a Delaware limited partnership, 

which owns a 30% limited partnership 

interest in Freeport LNG; (3) Texas LNG 

Holdings LLC, a Delaware limited 

liability company and wholly-owned 

subsidiary of The Dow Chemical 

Company, which owns a 15% limited 


jlentini on DSKJ8SOYB1PROD with NOTICES
13756 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Notices 

1Freeport LNG Order Granting Authorization 

Under Section 3 of the NGA, 107 FERC ¶ 61,278 

(2004), Order Granting Rehearing and Clarification, 

108 FERC ¶ 61,253 (2004); Order Amending Section 

3 Authorization, 112 FERC ¶ 61,194 (2005). 

2Freeport LNG, DOE/FE Order No. 2457, January 

15, 2008 (2 FE ¶ 71,579). 

3Freeport LNG., DOE/FE Order No. 2644, May 28, 

2009. 

4Freeport LNG, DOE/FE Order No. 2644–A, 

September 22, 2009. 

5 15 U.S.C. 717b. 

6 In Panhandle Producers and Royalty Owners 

Associations v. ERA, 822 F.2d 1105, 1111 (D.D. 

Circ. 1987), the court found that Section 3 of the 

NGA ‘‘requires an affirmative showing of 

inconsistency with the public interest to deny an 

application’’ and that a ‘‘presumption favoring 

* * * authorization * * * is completely consistent 

with, if not mandated by, the statutory directive.’’ 

7See 49 FR 6684, February 22, 1984. 

8ConocoPhillips, DOE/FE Order No. 2731, 

November 30, 2009. 

9 Id. at p. 11. 

partnership interest in Freeport LNG; 

and (4) Turbo LNG LLC, a Delaware 

limited liability company and whollyowned subsidiary of Osaka Gas Co., 

Ltd., which owns a 10% limited 

partnership interest in Freeport LNG. 

The Federal Energy Regulatory 

Commission (FERC) has authorized 

Freeport LNG to site, construct and 

operate a new LNG import, storage, and 

vaporization terminal on Quintana 

Island, Texas and an associated 9.6-mile 

long send-out pipeline which will be 

utilized to import up to 1.55 billion 

cubic feet (Bcf) per day of LNG.1 On July 

1, 2008, FERC issued a letter Order 

granting Freeport LNG’s request to 

commence service at its Quintana Island 

import terminal. 

On January 15, 2008, FE granted 

Freeport LNG blanket authorization to 

import up to 30 Bcf of LNG from various 

international sources for a two-year term 

beginning March 1, 2008.2 On May 28, 

2009, FE granted Freeport LNG blanket 

authorization to export on its own 

behalf or as agent for others, LNG that 

previously had been imported from 

foreign sources in an amount up to the 

equivalent of 24 Bcf of natural gas on a 

short-term or spot market basis from 

Freeport LNG’s facilities on Quintana 

Island, Texas to the United Kingdom, 

Belgium, Spain, France, Italy, Japan, 

South Korea, India, China and/or 

Taiwan over a two-year period 

commencing May 28, 2009.3 Further, on 

September 22, 2009, Freeport LNG’s 

blanket authorization, DOE/FE Order 

No. 2644 was amended to include the 

export of previously imported LNG from 

Freeport LNG’s Quintana Island, Texas 

facilities to Canada and Mexico.4

Current Application 

In the instant application, Freeport 

LNG seeks to further amend DOE/FE 

Order No. 2644 for authorization to 

export foreign-sourced LNG from its 

Quintana Island, Texas facilities to any 

other country (in addition to those 

already specifically listed in DOE/FE 

Order No. 2644, as amended) with 

capacity to import LNG via ocean-going 

carrier and with which trade is not 

prohibited by U.S. law or policy. 

Public Interest Considerations 

In support of its application, Freeport 

LNG states that pursuant to Section 3 of 

the NGA, FE is required to authorize 

exports to a foreign country unless there 

is a finding that such exports ‘‘will not 

be consistent with the public interest.’’ 5

Section 3 thus creates a statutory 

presumption in favor of approval of this 

Amendment which opponents bear the 

burden of overcoming.6 Further, in 

evaluating an export application, FE 

applies the principles described in DOE 

Delegation Order No. 0204–111, which 

focuses primarily on domestic need for 

the gas to be exported, and the 

Secretary’s natural gas policy 

guidelines.7 Finally, as detailed below, 

Freeport LNG states that their proposal 

to export LNG to those countries with 

the capacity to import LNG via oceangoing carrier and with which trade is 

not prohibited by U.S. law or policy is 

consistent with Section 3 of the NGA 

and FE’s policy. 

Freeport LNG states that in DOE/FE 

Order No. 2644, which granted Freeport 

LNG blanket authorization to export up 

to 24 Bcf (cumulative) of previously 

imported foreign-sourced LNG, FE 

determined that there presently is no 

domestic reliance on the volumes of 

imported LNG that Freeport LNG would 

seek to export. Freeport LNG also states 

that most recently, FE made the same 

finding in granting ConocoPhillips 

blanket authority to export from the 

Freeport LNG Quintana Island terminal 

up to 500 Bcf of previously imported 

LNG.8 FE stated that ‘‘the record shows 

there is sufficient supply of natural gas 

to satisfy domestic demand from 

multiple other sources at competitive 

prices without drawing on the LNG 

which ConocoPhillips seeks to export 

* * *.’’ 9

Freeport LNG is requesting further 

authorization, for itself and as agent for 

third parties, to periodically export LNG 

imported under DOE/FE Order No. 

2457, as well as LNG of third parties, to 

any other country not specifically 

identified in DOE/FE Order No. 2644 

with the capacity to import LNG via 

ocean-going vessel and with which 

trade is not prohibited by U.S. law or 

policy, should market conditions in the 

United States not support domestic sale 

of those supplies. Freeport LNG states 

that Amendment of Freeport LNG’s 

short term blanket authorization as 

requested herein would provide 

Freeport LNG with the necessary 

flexibility it requires to respond to 

changes in domestic and global markets 

for natural gas and LNG. The additional 

flexibility sought herein would further 

encourage Freeport LNG to obtain and 

store spot market LNG cargoes. Natural 

gas derived from imported LNG will be 

available to supply local markets when 

conditions support it, and will thereby 

serve to moderate U.S. gas price 

volatility. As such, Freeport LNG states 

the requested export authorization is 

consistent with the public interest. 

DOE/FE Evaluation 

This export application will be 

reviewed pursuant to section 3 of the 

NGA, as amended, and the authority 

contained in DOE Delegation Order No. 

00–002.00I (Nov. 10, 2009) and DOE 

Redelegation Order No. 00–002.04D 

(Nov. 6, 2007). In reviewing this LNG 

export application amendment, DOE 

will consider any changes that have 

occurred since the original application 

in the following areas: domestic need 

for the gas, as well as any other issues 

determined to be appropriate, including 

whether the arrangement 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 comment in their responses on 

these issues. 

Freeport LNG asserts the proposed 

authorization is in the public interest. 

Under section 3 of the NGA, as 

amended, an LNG export from the 

United States to a foreign country must 

be authorized unless ‘‘the proposed 

exportation will not be consistent with 

the public interest.’’ Section 3 thus 

creates a statutory presumption in favor 

of approval of this application, and 

parties opposing the authorization bear 

the burden of overcoming this 

presumption. 

The National Environmental Policy 

Act (NEPA), 42 U.S.C. 4321 et seq. 

requires DOE to give appropriate 

consideration to the environmental 

effects of its proposed decisions. 

Freeport LNG states that there would 

be no changes required to the Freeport 

LNG facilities for the proposed 

exportation of LNG. Consequently, 

granting this application will not be a 

Federal action significantly affecting the 

human environment within the meaning 

of NEPA. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Notices 13757 

Public Comment Procedures 

In response to this notice, any person 

may file a protest, motion to intervene 

or notice of intervention, as applicable, 

and written comments. Any person 

wishing to become a party to the 

proceeding and to have their written 

comments considered as a basis for any 

decision on the application must file a 

motion to intervene or notice of 

intervention, as applicable. The filing of 

a protest with respect to the application 

will not serve to make the 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, motions to 

intervene, notices of intervention, and 

written comments must meet the 

requirements specified by the 

regulations in 10 CFR part 590. Protests, 

motions to intervene, notices of 

intervention, requests for additional 

procedures, and written comments 

should be filed with the Office of Oil 

and Gas Global Security and Supply at 

the address listed above. 

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 trialtype 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 filed by Freeport LNG 

is available for inspection and copying 

in the Office of Oil and Gas Global 

Security and Supply docket room, 3E– 

042, at the above address. 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 is also available 

electronically by going to the following 

Web address: http://www.fe.doe.gov/ 

programs/gasregulation/index.html. 

Issued in Washington, DC, on March 17, 

2010. 

John A. Anderson, 

Manager, Natural Gas Regulatory Activities, 

Office of Oil and Gas Global Security and 

Supply, Office of Fossil Energy. 

[FR Doc. 2010–6319 Filed 3–22–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Blue Ribbon Commission on 

America’s Nuclear Future 

AGENCY: Department of Energy, Office of 

Nuclear Energy. 

ACTION: Notice of open meeting 

correction. 

On March 9, 2010, the Department of 

Energy published a notice announcing 

an open meeting of the Blue Ribbon 

Commission on America’s Nuclear 

Future (the Commission). In that notice, 

the starting time for the Thursday, 

March 25, 2010, meeting listed under 

DATES was indicated as 1 p.m. The 

starting time has been updated. The 

open meeting will now begin at 11 a.m. 

on Thursday, March 25, 2010, break at 

12:30 p.m., and reconvene at 1:30 p.m. 

Also, in that notice under PUBLIC 

PARTICIPATION it was indicated that 

individuals and representatives of 

organizations may offer comments at the 

end of the meeting on Friday, March 26, 

2010. Those wishing to speak at the end 

of the meeting should register to do so 

beginning at 8 a.m. on Friday morning, 

March 26, 2010. The time allotted per 

speaker will depend on the number who 

wish to speak but will not exceed 5 

minutes. Those unable to attend the 

meeting or do not have sufficient time 

to speak may send their written 

statement to Timothy A. Frazier, U.S. 

Department of Energy 1000 

Independence Avenue, SW., 

Washington DC 20585, or e-mail 

CommissionDFO@nuclear.energy.gov. 

Additionally, every effort is being 

made to live webcast the meeting. 

Additional information will be available 

regarding the webcast via the 

Department of Energy Web site at 

http://www.energy.gov. 

Issued in Washington, DC on March 18, 

2010. 

Rachel Samuel, 

Deputy Committee Management Officer. 

[FR Doc. 2010–6364 Filed 3–22–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings #1 

March 16, 2010. 

Take notice that the Commission 

received the following electric rate 

filings: 

Docket Numbers: ER98–1150–001; 

ER07–964–002; ER07–1232–003. 

Applicants: Tucson Electric Power 

Company; UNS Electric, Inc.; UniSource 

Energy Development Company. 

Description: Tucson Electric Power 

Co. submits a supplement to Triennial 

Market Power Update. 

Filed Date: 03/11/2010. 

Accession Number: 20100316–0018. 

Comment Date: 5 p.m. Eastern Time 

on Thursday, April 1, 2010. 

Docket Numbers: ER00–2885–025; 

ER05–1232–020; ER09–335–006; ER07– 

1112–009; ER07–1113–009; ER07–1116– 

008; ER07–1117–011; ER07–1118–010; 

ER07–1356–011; ER07–1358–010; 

ER01–2765–024; ER09–609–002; ER02– 

2102–024; ER03–1283–019; ER09–1141– 

003; 

Applicants: J.P. Morgan Ventures 

Energy Corporation, BE Allegheny LLC, 

BE CA LLC, BE Ironwood LLC,BE KJ 

LLC, BE Alabama LLC, BE Louisiana 

LLC, Cedar Brakes I, L.L.C., Utility 

Contract Funding, L.L.C., Vineland 

Energy LLC, Central Power & Lime LLC, 

Cedar Brakes II, L.L.C., J.P. Morgan 

Commodities Canada Corporation, BE 

Rayle LLC. 

Description: JPMorgan Sellers submit 

Supplement of Red Hills Notice of NonMaterial Change in Status. 

Filed Date: 03/12/2010. 

Accession Number: 20100312–5120. 

Comment Date: 5 p.m. Eastern Time 

on Friday, April 2, 2010. 

Docket Numbers: ER01–2765–025; 

ER00–2885–026; ER05–1232–021; 

ER09–335–007; ER07–1112–010; ER07– 

1113–010; ER07–1116–009; ER07–1117– 

012; ER07–1118–011; ER07–1356–012; 

ER07–1358–011; ER09–609–003; ER02– 

2102–025; ER03–1283–020; ER09–1141– 

005. 

Applicants: J.P. Morgan Ventures 

Energy Corporation, BE Allegheny LLC, 

BE CA LLC, BE Ironwood LLC,BE KJ 

LLC, BE Alabama LLC, BE Louisiana 

LLC, Cedar Brakes I, L.L.C., Utility 


jlentini on DSKJ8SOYB1PROD with NOTICES