62510 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 

1Cheniere Marketing, LLC, FE 10–31–LNG, DOE/ 

FE Opinion and Order No. 2795 (June 1, 2010). 

2Freeport LNG Development, L.P., DOE/FE 08– 

70–LNG, DOE/FE Order Nos. 2644 (May 28, 2009), 

2644–A (September 22, 2009), and 2644–B (May 

11, 2010); and ConocoPhillips Company, FE 09–92– 

LNG, DOE/FE 

Order No. 2731 (November 30, 2009). 

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

4See Phillips Alaska Natural Gas Corp. and 

Marathon Oil Co., DOE/FE Order No. 1473, 2 

FE¶70,317 at p. 13, n. 42 (April 2, 1999), citing 

Panhandle Producers and Royalty Owners 

Capital Advisory Services, 

Administration and Management, DoD 

OIG, 400 Army Navy Drive, Arlington, 

VA 22202, (703) 602–4516. 

SUPPLEMENTARY INFORMATION: In 

accordance with 5 U.S.C. 4314(c)(4), the 

following executives are appointed to 

the DoD OIG, PRB: 

Ann Calvaresi Barr 

Deputy Inspector General, Department 

of Transportation. 

Geoffrey A. Cherrington 

Deputy Assistant Inspector General 

for Investigations, General Services 

Administration. 

Richard J. Griffin 

Deputy Inspector General, Department 

of Veterans Affairs. 

Frank P. LaRocca 

Counsel to the Inspector General, 

National Aeronautics and Space 

Administration. 

Robert Keith West 

Assistant Inspector General for Audit 

Services, Department of Education. 

Dated: October 6, 2010. 

Mitchell S. Bryman, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2010–25548 Filed 10–8–10; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF ENERGY 

[FE Docket No. 10–114–LNG] 

Chevron U.S.A. Inc.; 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 September 9, 

2010, by Chevron U.S.A. Inc. (Chevron), 

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 72 

billion cubic feet (Bcf) of natural gas on 

a short-term or spot market basis over a 

two year period commencing on the 

date of the authorization. The LNG 

would be exported from the Sabine Pass 

LNG Terminal (Sabine Pass) owned by 

Sabine Pass LNG, L.P., in Cameron 

Parish, Louisiana to any country with 

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

not prohibited by U.S. law or policy. 

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 no later than 4:30 

p.m., eastern time, November 12, 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 Marc Talbert, 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, U.S. Department of 

Energy, Office of General Counsel, 

Fossil Energy and Energy Efficiency, 

Forrestal Building, Room 6B–159, 

1000 Independence Ave. SW., 

Washington, DC 20585, (202) 586– 

3397. 

SUPPLEMENTARY INFORMATION: 

Background 

Chevron is a Pennsylvania 

corporation with its principal place of 

business in San Ramon, California. 

Chevron Global Gas is a division of 

Chevron that engages in the global 

business of marketing and trading LNG. 

Chevron has contracted for 1.0 Bcf per 

day of terminal capacity from Sabine 

Pass for an initial term of twenty years 

that commenced in November 2004 

with the option to extend the term for 

a period of twenty years. On July 14, 

2010, DOE/FE Order No. 2813 granted 

Chevron blanket authorization to import 

the equivalent of up to 800 Bcf of 

natural gas from various international 

sources for a two year period beginning 

on August 1, 2010. Under the terms of 

the blanket authorization, LNG may be 

imported at any LNG receiving facility 

in the United States and its territories. 

Current Application 

In the instant application, Chevron 

requests blanket authorization to export 

up to 72 Bcf of previously imported 

LNG, on a cumulative basis, over a twoyear period beginning on the date the 

authorization is granted. Chevron 

requests that such authorization apply 

to previously imported LNG to which 

Chevron holds title, and to previously 

imported LNG that Chevron may export 

on behalf of other parties that hold title 

to such LNG. Chevron is seeking 

authorization to export such previously 

imported LNG to any country with the 

capacity to import LNG via ocean-going 

carrier and with which trade is not 

prohibited by Federal law or policy. 

Chevron does not request authority to 

export any domestically produced 

natural gas or LNG. 

The blanket export authorization 

requested by Chevron would be 

applicable to exports from the Sabine 

Pass terminal, owned by Sabine Pass 

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

Chevron states that DOE/FE recently 

granted an authorization for exports 

from this terminal by another party 1

and has granted other authorizations 

under similar requests.2 Chevron states 

that there are no other proceedings 

related to this application currently 

pending before the DOE or any other 

federal agency. 

As background, Chevron states the 

request to export previously imported 

LNG is based on its desire to optimize 

long-term capacity it has contracted for 

at the Sabine Pass terminal by 

responding effectively to periodic 

changes in domestic and world markets 

for natural gas and LNG. More 

specifically, Chevron asserts it desires 

the option to either export previously 

imported LNG to other world markets, 

or regasify the imported LNG for sale in 

domestic markets. Chevron states that it 

would base any decision related to the 

sale of imported LNG on prevailing 

market conditions. Chevron asserts that 

it does not intend to export any LNG 

when market conditions dictate that the 

LNG be used to meet domestic needs. 

Public Interest Considerations 

In support of its application, Chevron 

states that pursuant to section 3 of the 

NGA, FE must authorize exports to a 

foreign country unless there is a finding 

that such exports ‘‘will not be consistent 

with the public interest.’’ 3 Chevron 

states that section 3 creates a statutory 

presumption in favor of approval of a 

properly framed export Application.4


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62511 

Association v. ERA, 822 f. 2d 1105, 1111 (DC Cir. 

1987). 

5 Ibid, at p. 14. 

6Cheniere Marketing, LLC, DOE/FE Order No. 

2795 (June 1, 2010) at p. 11. 

7ConocoPhillips Company, DOE/FE Order No. 

2731 (November 30, 2009). 

Chevron states further, in evaluating an 

export application, FE applies the 

principles described in DOE Delegation 

Order No. 0204–111 which states that 

domestic need for natural gas shall be 

the primary focus of DOE when 

evaluating an export application.5

Finally, as detailed below, Chevron 

states that this blanket export 

authorization request satisfies the public 

interest standard of section 3 of the 

NGA, as construed by DOE. 

Chevron states that there is no 

domestic reliance on the imported LNG 

that Chevron would export pursuant to 

the blanket authorization requested. In 

support, Chevron states that in June 

2010, FE granted Cheniere Marketing, 

LLC (Cheniere) blanket authorization to 

export up to 500 Bcf of previously 

imported LNG. Chevron states that FE 

concluded 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 

Cheniere seeks to export throughout the 

authorization timeframe.’’ 6 Chevron also 

states that DOE/FE reached the same 

conclusion for the ConocoPhillips 

Company proceeding granting 

ConocoPhillips blanket authorization to 

export previously imported LNG up to 

the equivalent of 500 Bcf of natural gas.7

Chevron states that FE based its 

conclusions on data prepared by DOE’s 

Energy Information Administration, as 

detailed in DOE/FE Order No. 2795. 

Specifically, FE stated, ‘‘DOE’s review of 

domestic natural gas market data in 

2009 versus 2007 shows an increase in 

domestic dry gas production, a slight 

decrease in domestic demand, and a 

decrease in both total LNG imports and 

net natural gas imports.’’ With this 

background, Chevron states that the 72 

Bcf of previously imported LNG for 

which Chevron seeks blanket 

authorization to export is not needed to 

meet domestic demand. 

Chevron asserts that granting the 

blanket export authorization would 

encourage Chevron to purchase spot 

market LNG cargoes for import into the 

United States, and would make more 

natural gas available to the domestic 

market if it were needed, or 

alternatively, export the previously 

imported LNG to other world markets, 

depending on the prevailing market 

conditions. 

Chevron states it is only seeking the 

authority to export previously imported 

LNG, and not seeking the authority to 

export domestically produced natural 

gas supplies. Thus, Chevron states that 

its request for blanket authorization, 

herein, will not reduce domestically 

produced natural gas supplies available 

to the domestic market. 

Environmental Impact 

Chevron states that no modifications 

to the Sabine Pass LNG Terminal are 

required to enable the proposed exports 

of LNG. Chevron asserts that 

consequently, granting this application 

will not constitute a federal action 

significantly affecting the human 

environment within the meaning of the 

National Environmental Policy Act 

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

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 natural 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 

You may submit comments in 

electronic form on the Federal 

eRulemaking Portal at http:// 

www.regulations.gov. Alternatively, 

written comments can be submitted 

using the procedures discussed below. If 

using electronic filing, follow the online instructions and submit such 

comments under FE Docket No. 10– 

114–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. You may not 

electronically file a protest, motion to 

intervene, or notice of intervention, but 

may submit such pleadings using the 

following process. 

In response to this notice, any person 

may file a protest, motion to intervene 

or notice of intervention or written 

comments, as provided in DOE’s 

regulations at 10 CFR part 590. 

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 

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 may 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. 

Except where comments are filed 

electronically, as described above, 

comments, protests, motions to 

intervene, notices of intervention, and 

requests for additional procedures 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. 


srobinson on DSKHWCL6B1PROD with NOTICES
62512 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 

1The Sabine Pass LNG Terminal is an existing 

LNG import facility located in Cameron Parish, 

Louisiana that is owned by Sabine Pass’s affiliate, 

Sabine Pass LNG, L.P. (Sabine Pass LNG). 

The application filed by Chevron 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 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 October 4, 

2010. 

John A. Anderson, 

Manager, Natural Gas Regulatory Activities, 

Office of Oil and Gas Global Security and 

Supply, Office of Fossil Energy. 

[FR Doc. 2010–25545 Filed 10–8–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

[FE Docket No. 10–111–LNG] 

Sabine Pass Liquefaction, LLC; 

Application for Long-Term 

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 September 7, 

2010, by Sabine Pass Liquefaction, LLC 

(Sabine Pass), requesting long-term, 

multi-contract authorization to export 

up to 16 million metric tons per annum 

(mtpa) of domestic natural gas as 

liquefied natural gas (LNG) for a 20-year 

period, commencing the earlier of the 

date of first export or five years from the 

date of issuance of the requested 

authorization. Sabine Pass seeks 

authorization to export LNG from the 

Sabine Pass LNG Terminal 1 to any 

country with which the United States 

does not have a free trade agreement 

(FTA) requiring the national treatment 

for trade in natural gas and LNG that 

has, or in the future develops, the 

capacity to import LNG and with which 

trade is not prohibited by U.S. law or 

policy. 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., eastern time, 

December 13, 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–256, 1000 Independence 

Ave., SW., Washington, DC 20585, 

(202) 586–3397. 

SUPPLEMENTARY INFORMATION: 

Background 

Sabine Pass, an indirect subsidiary of 

Cheniere Energy, Inc. (Cheniere Energy), 

has its principal place of business in 

Houston, Texas. Cheniere Energy is a 

Delaware corporation with its primary 

place of business in Houston, Texas. 

Cheniere Energy is a developer of LNG 

terminals and natural gas pipelines on 

the Gulf Coast, including the Sabine 

Pass LNG Terminal. Sabine Pass is 

authorized to do business in the States 

of Texas and Louisiana. This 

Application is the second part of a twophased authorization sought by Sabine 

Pass in conjunction with the 

development of the Sabine Pass 

Liquefaction Project (Liquefaction 

Project). The Liquefaction Project 

(Liquefaction Project) is being 

developed to liquefy domestic supplies 

of natural gas delivered to the Sabine 

Pass LNG Terminal for export to foreign 

markets. The Liquefaction Project would 

turn the Sabine Pass LNG Terminal into 

a bi-directional LNG facility, capable of 

liquefying and exporting natural gas 

along with importing and re-gasifying 

foreign-sourced LNG, simultaneously. 

Existing Long-Term, Multi-Contract 

Authorization 

On September 7, 2010, in DOE/FE 

Order No. 2833, FE granted Sabine Pass 

authorization to export up to 16 million 

mtpa of domestically produced LNG 

(approximately 803 Bcf per year) from 

the Sabine Pass LNG Terminal for a 30- 

year term, beginning on the earlier date 

of first export, or September 7, 2020, 

pursuant to one or more long-term 

export contracts (greater than two years) 

with third parties with terms up to 30 

years executed by September 7, 2020. 

The LNG may be exported to Australia, 

Bahrain, Singapore, Dominican 

Republic, El Salvador, Guatemala, 

Honduras, Nicaragua, Chile, Morocco, 

Canada, Mexico, Oman, Peru, 

Singapore, and Jordan, and to any 

nation which DOE subsequently 

identifies publicly as having entered 

into a FTA providing for national 

treatment for trade in natural gas (FTA 

Countries), provided that the 

destination nation has the capacity to 

import LNG. 

Current Application 

In the instant application, Sabine Pass 

seeks long-term, multi-contract 

authorization to export up to 16 million 

mtpa of LNG for a 20-year period, 

commencing the earlier of the date of 

first export or five years from the date 

of issuance of the requested 

authorization. Sabine Pass seeks 

authorization to export LNG from the 

Sabine Pass LNG Terminal to any 

country with which the United States 

does not have a FTA requiring the 

national treatment of trade in natural 

gas and LNG that has, or in the future 

develops, the capacity to import LNG 

and with which trade is not prohibited 

by U.S. law or policy. 

Sabine Pass seeks long-term, multicontract approval to export LNG to 

applicable countries not otherwise 

authorized pursuant to DOE/FE Order 

No. 2833. Sabine Pass categorizes those 

countries, for purpose of this 

Application, as countries that hold 

membership in the World Trade 

Organization (WTO Countries) and 

those countries that do not hold 

membership in the WTO (non-WTO 

Countries). Sabine Pass requests that FE 

review its request for authorization to 

export LNG to WTO Countries under the 

standard of review set forth in section 

3(c) of the NGA, 15 U.S.C. 717b(c). 

Sabine Pass acknowledges that its 

request for authorization to export LNG 

to non-WTO Countries must be 

reviewed pursuant to the public interest 


srobinson on DSKHWCL6B1PROD with NOTICES