38092 Federal Register / Vol. 75, No. 126 / Thursday, July 1, 2010 / Notices 

1The Dow Chemical Company, DOE/FE Order 

No. 2754 issued February 25, 2010. 

2 15 U.S.C. 717b.(a) 

3Phillips Alaska Natural Gas Corp. and Marathon 

Oil Co., DOE/FE Order No. 1473 (2 FE ¶ 70,317) 

at 13 (April 2, 1999), citing Panhandle Producers 

and Royalty Owners Association v. ERA, 822 F.2d 

1105, 1111 (DC Cir. 1987). 

4 Id at 14. 

soon as possible. The Desk Officer may 

be telephoned at 202–395–4650. 

ADDRESSES: Written comments should 

be sent to the DOE Desk Officer, Office 

of Information and Regulatory Affairs, 

Office of Management and Budget, New 

Executive Office Building, Room 10102, 

735 17th Street, NW., Washington, DC 

20503; and to Faith Lambert, U.S. 

Department of Energy, EE–K/Forrestal 

Building, 1000 Independence Ave., SW., 

Washington, DC 20585 or by fax at 202– 

287–7145, or by e-mail at 

faith.lambert@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: 

Faith Lambert, U.S. Department of 

Energy, EE–K/Forrestal Building, 1000 

Independence Ave., SW., Washington, 

DC 20585 or by fax at 202–287–7145, or 

by e-mail at faith.lambert@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: This 

information collection request contains: 

(1) OMB No. 1910–5126; (2) Information 

Collection Request Title: State Energy 

Program; (3) Type of Review: Renewal; 

(4) Purpose: To collect information on 

the status of grantee activities, 

expenditures, and results, to ensure that 

program funds are being used 

appropriately, effectively and 

expeditiously (especially important for 

Recovery Act funds); (5) Annual 

Estimated Number of Respondents: 56; 

(6) Annual Estimated Number of Total 

Responses: 672; (7) Annual Estimated 

Number of Burden Hours: 1,344; (8) 

Annual Estimated Reporting and 

Recordkeeping Cost Burden: 

Authority: Title V, Subtitle E of the Energy 

Independence and Security Act (EISA), Pub. 

L. 110–140. 

Issued in Washington, DC on June 28, 

2010. 

Tobias Russell, 

Acting Program Manager, Weatherization and 

Intergovernmental Program, Energy Efficiency 

and Renewable Energy. 

[FR Doc. 2010–16111 Filed 6–29–10; 11:15 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

[FE Docket No. 10–57–LNG] 

The Dow Chemical Company; 

Application for Blanket Authorization 

To Export Liquefied Natural Gas 

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 May 26, 2010, by 

The Dow Chemical Company (Dow), 

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 390 

billion cubic feet (Bcf) of natural gas on 

a short-term or spot market basis. The 

LNG would be exported from existing 

facilities on Quintana Island, Texas, 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. Dow seeks to export the 

LNG over a two-year period 

commencing on the date of the 

authorization. The application was filed 

under section 3 of the Natural Gas Act 

(NGA), as amended by section 201 of 

the Energy Policy Act of 1992. 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 in ADDRESSES no 

later than 4:30 p.m., e.t., August 2, 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 Lisa Tracy, 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 Electricity and 

Fossil Energy, Forrestal Building, 

Room 6B–159, 1000 Independence 

Ave. SW., Washington, D.C. 20585, 

(202) 586–3397. 

SUPPLEMENTARY INFORMATION: 

Background 

Dow is a Delaware corporation with 

its principal place of business in 

Midland, Michigan. Dow is an 

international chemical and plastics 

manufacturing company with 

operations in a number of U.S. states. 

Dow owns and operates a large 

petrochemical manufacturing facility in 

Freeport, Texas, which is in close 

proximity to the LNG import/export 

terminal owned and operated by 

Freeport LNG Development, L.P. (FLNG) 

on Quintana Island, Texas. Dow 

contracted terminal capacity from FLNG 

for a twenty-year period beginning in 

July 2008 in order to secure natural gas 

supplies for various operations at its 

Freeport petrochemical facility. Dow’s 

Freeport facility has the capability to 

receive regasified LNG from the FLNG 

terminal via several pipelines that 

extend directly to its petrochemical 

manufacturing plant. 

On February 25, 2010, FE granted 

Dow blanket authorization to import 

and export natural gas from and to 

Canada and Mexico and to import LNG 

from various international sources for a 

two-year term beginning on June 1, 

2010.1 Under the terms of the blanket 

authorization, the LNG may be imported 

to any LNG receiving facility in the 

United States or its territories. 

Current Application 

In the instant application, Dow is 

seeking blanket authorization to export 

from the FLNG terminal LNG that has 

been previously 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 over a two-year period, on 

a short-term or spot market basis, in an 

amount up to the equivalent of 390 Bcf 

of natural gas. Dow further requests that 

the authorization extend to LNG 

supplies imported from foreign sources 

to which Dow acquires title, as well as 

to LNG supplies imported from foreign 

sources that Dow may export on behalf 

of other entities who themselves hold 

title. Dow states that it does not seek 

authorization to export domesticallyproduced natural gas. 

Public Interest Considerations 

In support of its application, Dow 

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.’’ 2

Dow states that section 3 thus creates a 

statutory presumption in favor of a 

properly framed export application.3

Dow states further that the public 

interest determination is guided by DOE 

Delegation Order No. 0204–111, which 

provides that the domestic need for 

natural gas is the principal factor to be 

considered when evaluating an export 

application.4

As detailed in the application, Dow 

states the blanket export authorization 

requested by Dow satisfies the public 

interest standard for the following 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 126 / Thursday, July 1, 2010 / Notices 38093 

5Freeport LNG Development, L.P., Order No. 

2644, June 8, 2009 at p. 12. 

6ConocoPhillips Company, DOE/FE Order No. 

2731, November 30, 2009 at p. 11. 

reasons. Dow states that the LNG that 

may be exported pursuant to the blanket 

authorization requested in the 

Application is not needed to meet 

domestic demand. Dow states that 

granting the requested export 

authorization will facilitate the 

importation of LNG into the United 

States. Dow also states that granting the 

requested export authorization will not 

reduce domestically-produced natural 

gas supplies. Finally, Dow states that 

granting the requested export 

authorization will have positive 

international effects. Further details can 

be found in the Application. 

Environmental Impact 

Dow states that its requested export 

authorization does not raise any 

environmental concerns. Dow states that 

FERC performed an environmental 

review under the National 

Environmental Policy Act (NEPA), with 

DOE acting as a cooperating agency, 

prior to granting FLNG the authority to 

modify its LNG terminal facilities to 

enable LNG exports as well as imports. 

Dow states that DOE/FE relied on such 

NEPA review and found it to be 

sufficient in the granting of FLNG’s 

application for blanket authority to 

export previously imported LNG 5 as 

well as the granting of authority to 

ConocoPhillips Company to export 

previously imported LNG from the 

FLNG terminal.6 Dow asserts that 

consequently, the same conclusion is 

applicable to this Application insofar as 

the blanket authorization requested by 

Dow is substantially identical to the 

blanket authorization granted to FLNG 

and ConocoPhillips Company. 

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, 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. 

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. 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, motion to intervene, 

or notice of intervention and written 

comments, as provided in DOE’s 

regulations at 10 CFR 590.301, et seq. 

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 shall 

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 Dow is 

available for inspection and copying in 

the Office of Oil and Gas Global 

Security and Supply docket 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 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 June 28, 

2010. 

John A. Anderson, 

Manager, Natural Gas Regulatory Activities, 

Office of Oil and Gas Global Security and 

Supply, Office of Fossil Energy. 

[FR Doc. 2010–16044 Filed 6–30–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

[FE Docket No. 10–63–LNG] 

ConocoPhillips Alaska Natural Gas 

Corporation and Marathon Oil 

Company; Application for Blanket 

Authorization To Export Liquefied 

Natural Gas 

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, 

filed jointly on June 8, 2010, by 

ConocoPhillips Alaska Natural Gas 

Corporation (CPANGC) and Marathon 

Oil Company (Marathon) (collectively 

Applicants), requesting blanket 

authorization to export a quantity of 

liquefied natural gas (LNG) equal to the 

difference between the 99 trillion 

British thermal units (TBtus) authorized 

in DOE/FE Order Nos. 2500 and 2500– 

A, and the cumulative volume that is 

ultimately exported by Applicants 

under their currently-effective blanket 

authorization from April 1, 2009, 

through March 31, 2011. Applicants 

seek blanket authorization to export this 

volume of LNG from facilities located 

near Kenai, Alaska, to Japan and/or one 

or more other countries globally with 

which trading is not prohibited by U.S. 

law for a two-year period commencing 

April 1, 2011, and terminating March 


jlentini on DSKJ8SOYB1PROD with NOTICES