Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Notices 25711 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of Energy 

(DOE), pursuant to the paperwork 

Reduction Act of 1995, intends to 

extend for three years, an information 

collection request with the Office of 

Management and Budget (OMB). 

Comments are invited on: (a) Whether 

the extended information collection is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed information collection, 

including the validity of the 

methodology and assumptions used; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the information collection on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

DATES: Comments regarding this 

proposed information collection must 

be received on or before July 2, 2012. If 

you anticipate difficulty in submitting 

comments within that period, contact 

the person listed below as soon as 

possible. 

ADDRESSES: Written comments may be 

sent to Felecia Briggs, HS–83/C–412, 

Germantown Building, U.S. Department 

of Energy, 1000 Independence Ave. 

SW., Washington, DC 20585–1290, by 

fax at 301–903–5492, or by email at 

felecia.briggs@hq.doe.gov, or 

information about the collection 

instruments may be obtained at: http:// 

www.hss.doe.gov/pra.html. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the information collection 

instrument and instructions should be 

directed to the person listed above in 

ADDRESSES. 

SUPPLEMENTARY INFORMATION: The 

information collection request contains 

the following: (1) OMB No: 1910–0300; 

(2) Information Collection Request Title: 

Environment, Safety and Health; (3) 

Type of Review: Renewal; (4) Purpose: 

The collections are used by DOE to 

exercise management oversight and 

control over its contractors in the ways 

in which the DOE contractors provide 

goods and services for DOE 

organizations and activities in 

accordance with the terms of their 

contract; the applicable statutory, 

regulatory and mission support 

requirements of the Department. The 

collections are: Computerized Accident/ 

Incident Reporting System (CAIRS); 

Occurrence Reporting and Processing 

System (ORPS); Noncompliance 

Tracking System (NTS); Radiation 

Exposure Monitoring System (REMS); 

Annual Fire Protection Summary 

Application; Safety Basis Information 

System; and Lessons Learned System; 

(5) Annual Estimated Number of 

Respondents: 2,164; (6) Annual 

Estimated Number of Total Responses: 

99,693; (7) Annual Estimated Number of 

Burden Hours: 44,860; (8) Annual 

Estimated Reporting and Recordkeeping 

Cost Burden: 0. 

Statutory Authority: Section 641 of the 

Department of Energy Organization Act, 

codified at 42 U.S.C. 7251, and the following 

additional authorities: Computerized 

Accident/Incident Reporting System 

(CAIRS): DOE Order 231.1B (June 27, 2011). 

Occurrence Reporting and Processing 

System (ORPS): DOE Order 232.2 

(August 30, 2011). 

Noncompliance Tracking System 

(NTS): 10 CFR part 820; 10 CFR part 

851. 

Radiation Exposure Monitoring 

System (REMS): 10 CFR part 835; DOE 

Order 231.1B (June 27, 2011). 

Annual Fire Protection Summary 

Application: DOE Order 231.1B (June 

27, 2011). 

Safety Basis Information System: 10 

CFR part 830; DOE O 231.1B (June 27, 

2011). 

Lessons Learned System: DOE Order 

210.2A (April 8, 2011). 

Issued in Washington, DC, on April 23, 

2012. 

Stephen A. Kirchhoff, 

Director, Office of Resource Management, 

Office of Health, Safety and Security. 

[FR Doc. 2012–10435 Filed 4–30–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

[FE Docket No. 12–36–LNG] 

Cheniere Marketing, LLC; Application 

for Blanket Authorization To Export 

Previously Imported Liquefied Natural 

Gas on a Short-Term Basis 

AGENCY: Office of Fossil Energy, DOE. 

ACTION: Notice of application. 

SUMMARY: The Office of Fossil Energy 

(FE) of the Department of Energy (DOE) 

gives notice of receipt of an application 

(Application), filed on March 30, 2012, 

by Cheniere Marketing, LLC (CMI), 

requesting blanket authorization to 

export liquefied natural gas (LNG) that 

previously had been imported into the 

United States from foreign sources in an 

amount up to the equivalent of 

500 Billion cubic feet (Bcf) of natural 

gas on a short-term or spot market basis 

for a two-year period commencing on 

June 1, 2012. CMI seeks authorization to 

export LNG from the Sabine Pass LNG 

terminal, owned by Sabine Pass LNG, 

L.P., in Cameron Parish, Louisiana, to 

any country with the capacity to import 

LNG via ocean-going carrier and with 

which trade is not prohibited by U.S. 

law or policy. CMI is requesting this 

authorization both on its own behalf 

and as agent for other parties who hold 

title to the LNG at the time of export. 

The Application was filed under section 

3 of the Natural Gas Act (NGA). 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 using 

procedures detailed in the Public 

Comment Procedures section no later 

than 4:30 p.m., eastern time, May 31, 

2012. 

ADDRESSES: Electronic Filing on the 

Federal eRulemaking Portal under FE 

Docket No. 12–36–LNG: http:// 

www.regulations.gov. 

Electronic Filing by email: 

fergas@hq.doe.gov 

Regular Mail 

U.S. Department of Energy (FE–34), 

Office of Natural Gas Regulatory 

Activities, 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 Natural Gas Regulatory 

Activities, Office of Fossil Energy, 

Forrestal Building, Room 3E–042, 1000 

Independence Avenue SW., 

Washington, DC 20585. 

FOR FURTHER INFORMATION CONTACT: 

Larine Moore or Lisa Tracy, U.S. 

Department of Energy (FE–34), Office of 

Natural Gas Regulatory Activities, Office 

of Fossil Energy, Forrestal Building, 

Room 3E–042, 1000 Independence 

Avenue SW., Washington, DC 20585, 

(202) 586–9478; (202) 586–4523. 

Edward Myers, U.S. Department of 

Energy, Office of the Assistant General 

Counsel for Electricity and Fossil 

Energy, Forrestal Building, Room 6B– 

256, 1000 Independence Ave. SW., 

Washington, DC 20585, (202) 586–3397. 

SUPPLEMENTARY INFORMATION: 

Background 

CMI is a Delaware limited liability 

company with its principal place of 

business in Houston, Texas. CMI is a 

wholly-owned subsidiary of Cheniere 

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25712 Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Notices 

1Cheniere Marketing, LLC, DOE/FE Order No. 

2795 (June 1, 2010) extends through May 31, 2012. 

2Cheniere Marketing, LLC, DOE/FE Order No. 

2891 (December 17, 2010) extends through January 

28, 2013. 

3 15 U.S.C. 717b(a). 

4See Panhandle Producers and Royalty Owners 

Association v. Era, 822 F.2d 1105, 1111 (DC Cir. 

1987); Independent Petroleum Association v. ERA, 

870 F .2d 168, 172 (5th Cir. 1989); Panhandle and 

Royalty Owners Association v. ERA, 847 F .2d 1168, 

1176 (5th Cir. 1988). 

5See 49 FR 6684, February 22, 1984. 

6Cheniere Marketing, LLC, DOE/FE Order No 

2795 at 11. 

7See Dominion Cove Point LNG, LP, DOE/FE 

Order No. 3055 (January 9, 2012) at 11. 

8ConocoPhillips Company, DOE/FE Order No. 

3038 (November 22, 2011). 

9 Id. at 6. 

10See Freeport LNG Development, L.P., DOE/FE 

Order No. 2986 (July 19, 2011); ENI USA Gas 

Marketing LLC, DOE/FE Order No. 2923 (March 3, 

2011); Sempra LNG Marketing, LLC, DOE/FE Order 

No. 2885 (December 3, 2010); Dow Chemical 

Company, DOE/FE Order No. 2859 (October 5, 

2010). 

11See Annual Energy Outlook 2012 Early Release 

Overview, http://www.eia.gov/forecasts/aeo/er/ 

excel/overview.fig02.data.xls. 

12 42 U.S.C. 4321 et seq. 

Energy, Inc. (Cheniere Energy), which 

also is a Delaware corporation with its 

primary place of business in Houston, 

Texas. Cheniere Energy is a developer of 

LNG import terminals and natural gas 

pipelines on the U.S. Gulf Coast, 

including the Sabine Pass LNG terminal. 

On June 1, 2010, DOE/FE issued 

Order No. 2795, which granted CMI 

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 500 Bcf of natural gas on 

a cumulative basis over a two-year 

period commencing on June 1, 2010.1

On December 17, 2010, DOE/FE granted 

CMI blanket authorization to import 

LNG from various international sources 

for a two-year term beginning on 

January 29, 2011.2 Under the terms of 

the blanket authorization, the LNG may 

be imported at any LNG receiving 

facility in the United States and its 

territories. 

Current Application 

In the instant Application, CMI 

requests blanket authorization to export 

LNG previously imported into the 

United States from foreign sources from 

the Sabine Pass LNG terminal. CMI 

states that it plans to export LNG that 

had previously been imported from 

foreign sources to any country with the 

capacity to import LNG via ocean-going 

carrier and with which trade is not 

prohibited by U.S. law or policy over a 

two-year period, on a short-term or spot 

market basis, in an amount up to the 

equivalent of 500 Bcf of natural gas. CMI 

proposes to export LNG that is derived 

from CMI’s LNG importing activities 

and resides in LNG storage tanks at the 

Sabine Pass LNG terminal. CMI states 

that the LNG will either be re-exported 

or regasified for consumption in the 

domestic natural gas market contingent 

on U.S. and global market price signals. 

CMI states that no additional physical 

modifications to the Sabine Pass LNG 

terminal are required to accommodate 

the export authorization requested. CMI 

further states that there are no other 

proceedings related to this Application 

currently pending before DOE or any 

other federal agency. CMI is not seeking 

authorization to export domestically 

produced natural gas or LNG. 

Public Interest Considerations 

In support of its Application, CMI 

states that pursuant to section 3 of the 

NGA, DOE/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.’’ 3

CMI states that section 3 thus creates a 

statutory presumption in favor of 

approval of a finding that the 

Application is in the public interest, 

which opponents bear the burden of 

overcoming.4 CMI states further, in 

evaluating an export application, FE 

applies the principles described in 

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.5 Finally, as detailed below, 

CMI states that their proposal to export 

LNG to those countries with the 

capacity to import LNG via ocean-going 

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. 

CMI states that in DOE/FE Order No. 

2795 issued on June 1, 2010, which 

granted CMI blanket authorization to 

export up to 500 Bcf (cumulative) of 

previously imported foreign-sourced 

LNG, FE determined that there was no 

domestic reliance on the volumes of 

imported LNG that CMI would seek to 

export.6 CMI also states that, in January 

2012, FE made the same finding in 

granting Dominion Cove Point LNG, LP 

(Dominion) blanket authority to export 

from the Cove Point LNG Terminal 

facilities in Calvert County, Maryland 

up to 150 Bcf of previously imported 

LNG.7 In addition, CMI points out that 

similarly, on November 22, 2011, DOE/ 

FE granted ConocoPhillips Company 

(ConocoPhillips) blanket authority to 

export from the Freeport LNG 

Development, L.P. Quintana Island 

terminal up to 500 Bcf of previously 

imported LNG.8 CMI notes that in its 

order, DOE/FE stated that ‘‘the record 

shows there is sufficient supply of 

natural gas to satisfy domestic demand 

from multiple sources at competitive 

prices without drawing on the LNG 

which ConocoPhillips seeks to export 

* * *’’ 9

CMI states that in the abovereferenced Dominion and 

ConocoPhillips orders, as well as in 

other blanket authorizations issued in 

recent years,10 DOE/FE has taken 

administrative notice that a review of 

the data and analysis prepared by the 

Energy Information Administration 

(EIA) shows that over the last several 

years, domestic natural gas production 

has increased significantly. CMI also 

cites more recent data from EIA’s 

Annual Energy Outlook 2012 (Early 

Release) Reference case, which 

estimates that shale gas production will 

reach 8.1 trillion cubic feet in 2015.11

CMI asserts that DOE/FE’s past findings 

with regard to similar applications in 

addition to EIA’s most current gas 

production estimates support the 

conclusion that the foreign-sourced LNG 

CMI seeks to export is not needed to 

meet domestic demand. 

CMI is requesting authorization, for 

itself and as agent for third parties, to 

periodically export LNG imported under 

DOE/FE Order No. 2891, as well as LNG 

of third parties, to any other country 

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. CMI states that 

granting CMI’s short-term blanket 

authorization as requested herein would 

provide CMI with the necessary 

flexibility it requires to respond to 

changes in domestic and global markets 

for natural gas and LNG. CMI states that 

the additional flexibility sought herein 

would further encourage CMI 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, CMI states that the 

requested export authorization is 

consistent with the public interest. 

Environmental Impact 

CMI states that no modifications to 

the Sabine Pass LNG terminal would be 

required for CMI’s proposed exportation 

of LNG. CMI asserts that consequently, 

granting this Application will not be a 

federal action significantly affecting the 

human environment within the meaning 

of the National Environmental Policy 

Act (NEPA).12 CMI further states that an 

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Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Notices 25713 

environmental impact statement or 

environmental assessment is not 

required. 

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. 

00–002.00L (April 29, 2011) and DOE 

Redelegation Order No. 00–002.04E 

(April 29, 2011). In reviewing this LNG 

export application, DOE will consider 

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. 

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. 

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) Submitting 

comments in electronic form on the 

Federal eRulemaking Portal at http:// 

www.regulations.gov, by following the 

on-line instructions and submitting 

such comments under FE Docket No. 

12–36–LNG. DOE/FE suggests that 

electronic filers carefully review 

information provided in their 

submissions and include only 

information that is intended to be 

publicly disclosed; (2) emailing the 

filing to fergas@hq.doe.gov, with FE 

Docket No. 12–36–LNG in the title line; 

(3) mailing an original and three paper 

copies of the filing to the Office Natural 

Gas Regulatory Activities at the address 

listed in ADDRESSES; or (4) hand 

delivering an original and three paper 

copies of the filing to the Office of 

Natural Gas Regulatory Activities at the 

address listed in ADDRESSES. 

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 filed by CMI is 

available for inspection and copying in 

the Office 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 

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. In addition, 

any electronic comments filed will also 

be available at: http:// 

www.regulations.gov. 

Issued in Washington, DC, on April 25, 

2012. 

John A. Anderson, 

Manager, Natural Gas Regulatory Activities, 

Office of Oil and Gas Global Security and 

Supply, Office of Fossil Energy. 

[FR Doc. 2012–10444 Filed 4–30–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings 

Take notice that the Commission has 

received the following Natural Gas 

Pipeline Rate and Refund Report filings: 

Filings Instituting Proceedings 

Docket Numbers: RP12–624–000. 

Applicants: Texas Eastern 

Transmission, LP. 

Description: TETLP 2012 Map Filing 

to be effective 5/21/2012. 

Filed Date: 4/20/12. 

Accession Number: 20120420–5235. 

Comments Due: 5 p.m. ET 5/2/12. 

Docket Numbers: RP12–625–000. 

Applicants: Texas Gas Transmission, 

LLC. 

Description: TVA Negotiated Rate 

Agreement 31033 filing to be effective 4/ 

1/2012. 

Filed Date: 4/23/12. 

Accession Number: 20120423–5031. 

Comments Due: 5 p.m. ET 5/7/12. 

Docket Numbers: RP12–626–000. 

Applicants: MIGC LLC. 

Description: MIGC LLC Interactive 

Web site Filing to be effective 5/1/2012. 

Filed Date: 4/23/12. 

Accession Number: 20120423–5162. 

Comments Due: 5 p.m. ET 5/7/12. 

Docket Numbers: RP12–627–000. 

Applicants: Wyoming Interstate 

Company, L.L.C. 

Description: Permanent Release Filing 

to be effective 5/24/2012. 

Filed Date: 4/23/12. 

Accession Number: 20120423–5176. 

Comments Due: 5 p.m. ET 5/7/12. 

Docket Numbers: RP12–628–000. 

Applicants: Questar Pipeline 

Company. 

Description: Non-conforming TSA V. 

2.0.0 to be effective 5/24/2012. 

Filed Date: 4/24/12. 

Accession Number: 20120424–5000. 

Comments Due: 5 p.m. ET 5/7/12. 

Docket Numbers: RP12–629–000. 

Applicants: ANR Pipeline Company. 

Description: ANR Pipeline Company 

Annual Operational Purchases and 

Sales Report for 2011. 

Filed Date: 4/24/12. 

Accession Number: 20120424–5035. 

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