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[Federal Register Volume 80, Number 73 (Thursday, April 16, 2015)]
[Notices]
[Pages 20484-20486]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08752]

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DEPARTMENT OF ENERGY

[FE Docket No. 15-14-NG]

Bear Head LNG Corporation and Bear Head LNG (USA), LLC; 
Application for Long-Term, Multi-Contract Authorization To Import 
Natural Gas From, for Subsequent Export to, Canada for a 25-Year Term

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 
January 23, 2015, by Bear Head LNG Corporation and Bear Head LNG (USA), 
LLC (collectively, Bear Head),\1\ requesting long-term, multi-contract 
authorization to import up to 250 billion cubic feet per year (Bcf/yr) 
of natural gas (approximately 0.7 Bcf per day (Bcf/d)) by pipeline from 
Canada, for subsequent export by pipeline to Canada, for a 25-year term 
to commence on the earlier of the date of first export or 10 years from 
the date the authorization is granted. Bear Head states that this 
requested authorization is necessary to access Canadian gas supplies 
that must be imported by pipeline from Canada to the United States to 
reach demand markets in Nova Scotia through the Maritimes & Northeast 
(M&N) Pipeline. Bear Head further states that this Application is being 
filed with DOE/FE in connection with the development of a proposed 
Canadian natural gas liquefaction and export facility currently being 
developed by Bear Head within the Point Tupper/Bear Head Industrial 
Park near the town of Port Hawksbury, on the Straight of Canso, in 
Richmond County, Cape Breton, Nova Scotia, Canada (Project). Bear Head 
states that the Canadian natural gas subject to the requested 
authorization will be used as feedstock for the production of liquefied 
natural gas (LNG) at the Project.\2\ Bear

[[Page 20485]]

Head seeks to import and export this Canadian natural gas on its own 
behalf and as agent for other entities who hold title to the LNG at the 
time of export. The Application was filed under section 3 of the 
Natural Gas Act (NGA). Additional details can be found in Bear Head's 
Application, posted on the DOE/FE Web site at: http://energy.gov/sites/prod/files/2015/01/f19/15_14_ng_Bear_Head.pdf.
    Protests, motions to intervene, notices of intervention, and 
written comments are invited.
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    \1\ Bear Head states that Bear Head Corp. is a Canadian company 
incorporated pursuant to the laws of Nova Scotia, and that Bear Head 
(USA) is a Delaware limited liability company. Both have their 
principal place of business in Houston, Texas, and both are wholly-
owned indirect subsidiaries of Liquefied Natural Gas Limited, a 
publicly listed Australian company based in Perth, Australia.
    \2\ See Application at 6. On February 25, 2015, Bear Head filed 
a separate application with DOE/FE requesting long-term, multi-
contract authorization to export domestically produced natural gas 
as follows: (i) To export the natural gas by pipeline to Canada at 
the United States-Canada border (at a point near Calais, Maine, and 
St. Stephen, New Brunswick, respectively) on the M&N Pipeline in a 
volume of 440 Bcf/yr of natural gas (1.2 Bcf/d); (ii) to use 
approximately 42.4 Bcf/yr of the U.S.-sourced natural gas as 
feedstock in the Project; and (iii) to export a portion of the U.S.-
sourced natural gas in the form of LNG in a volume equivalent to 
approximately 397.6 Bcf/yr of natural gas (1.1 Bcf/d) by vessel from 
Nova Scotia, Canada, to one or more countries with which the United 
States does not have a free trade agreement (FTA) requiring national 
treatment for trade in natural gas and with which trade is not 
prohibited by U.S. law or policy (non-FTA countries). That 
application is pending before DOE/FE in FE Docket No. 15-33-LNG, and 
is the subject of a notice being published in the Federal Register 
concurrently with this Notice. See also infra at 3 (DOE/FE 
Evaluation).

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 15, 
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2015.

ADDRESSES: 
    Electronic Filing of Comments Using Online Form: http://www.energy.gov/node/1045041/.
    Electronic Filing of Protests, Motions to Intervene, and Notices of 
Intervention: fergas@hq.doe.gov.
    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) 586-7991.
    Edward Myers or Cassandra Bernstein, U.S. Department of Energy (GC-
76), Office of the Assistant General Counsel for Electricity and Fossil 
Energy, Forrestal Building, 1000 Independence Avenue SW., Washington, 
DC 20585, (202) 586-3397; (202) 586-9793.

SUPPLEMENTARY INFORMATION:

DOE/FE Evaluation

    Bear Head asserts that DOE/FE should grant the requested 
authorization under section 3(c) of the NGA, 15 U.S.C. 717b(c), because 
Canada is a nation with which the United States has a FTA requiring 
national treatment for trade in natural gas.\3\ According to Bear Head, 
however, ``[t]he Project is proposed for the purpose of exporting North 
American LNG to foreign markets.'' \4\ Therefore, DOE/FE requests 
comment on whether section 3(c) of the NGA or section 3(a) of the NGA, 
15 U.S.C. 717b(a), provides the appropriate standard for review of the 
Application. Parties that may oppose this Application may address this 
issue in their comments and/or protests, as well as any other issues 
deemed relevant to the Application.
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    \3\ See Application at 2-3.
    \4\ Id. at 4-5; see also id. at 2 n.6 (``Once constructed, the 
Project will be capable of receiving, processing and liquefying 
natural gas . . . and loading LNG onto ocean-going vessels for 
delivery to export markets.''). See also supra at 2 n.2.
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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. Due to the complexity of the issues raised by the 
Applicant, interested parties will be provided 60 days from the date of 
publication of this Notice in which to submit their comments, protests, 
motions to intervene, or notices of intervention.
    Any person wishing to become a party to the proceeding must file a 
motion to intervene or notice of intervention. 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, as supplemented below.
    Comments may be submitted using one of the following supplemental 
methods: (1) Submitting the comments using the online form at http://www.energy.gov/node/1045041/; (2) mailing an original and three paper 
copies of the comments 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 comments to the Office of Oil 
and Gas Global Security and Supply at the address listed in ADDRESSES. 
For administrative efficiency, DOE/FE prefers comments to be filed 
electronically using the online form (method 1). However, for those 
commenters lacking access to the Internet, comments may be filed in 
hard copy using one of the other two methods identified above. All 
filings must include a reference to FE Docket No. 15-14-NG.
    Protests, motions to intervene, and notices of intervention 
(including those consolidated with comments) may be submitted using one 
of the following supplemental methods: (1) Emailing the filing to 
fergas@hq.doe.gov, with FE Docket No. 15-14-NG 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. 15-14-NG. 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 than 50 pages 
in length 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. 
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.

[[Page 20486]]

    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 April 10, 2015.
John A. Anderson,
Director, Office of Oil and Gas Global Security and Supply, Office of 
Oil and Natural Gas.
[FR Doc. 2015-08752 Filed 4-15-15; 8:45 am]
 BILLING CODE 6450-01-P
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