7568 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Notices 

Adjudicators and Security Managers are 

also able to update eligibility and access 

levels of military, civilian and 

contractor personnel nominated for 

access to sensitive DoD information. 

Affected Public: Business or other for 

profit (non-Military or Federal 

Employee). 

Annual Burden Hours: 703,792. 

Number of Respondents: 22,225. 

Responses per Respondent: 95 

(number varies by count of person 

records maintained by respondent). 

Average Burden per Response: 20 

minutes. 

Frequency: on occasion. 

SUPPLEMENTARY INFORMATION: 

Summary of Information Collection 

Respondents are Facility Security 

Managers or DoD Adjudicators who 

update eligibility and access levels of 

military, civilian and contractor 

personnel nominated for access to 

sensitive DoD information. JPAS is a 

Personnel Security System and is the 

authoritative source for clearance 

information resulting in accesses 

determinations to sensitive/classified 

information and facilities. Collection 

and maintenance of personal data in 

JPAS is required to facilitate the 

initiation, investigation and 

adjudication of information relevant to 

DoD security clearances and 

employment suitability determinations 

for active duty military, civilian 

employees and contractors requiring 

such credentials. 

Dated: February 8, 2012. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2012–3282 Filed 2–10–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Army Corps of Engineers 

Draft Environmental Impact Statement 

for the Clearwater Program 

AGENCY: U.S. Army Corps of Engineers, 

Department of the Army, DOD. 

ACTION: Notice of Availability. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) in conjunction with 

the Sanitation Districts of Los Angeles 

County (Sanitation Districts) has 

completed a Draft Environmental 

Impact Statement/Environmental 

Impact Report (EIS/EIR) for the 

Clearwater Program. The Clearwater 

Program is a comprehensive planning 

effort undertaken by the Sanitation 

Districts. Its purpose is to develop a 

long-range Master Facilities Plan for the 

Joint Outfall System, a regional 

wastewater management system serving 

approximately 4.8 million people in 73 

cities and unincorporated areas in Los 

Angeles County. A major component of 

the Clearwater Program is the evaluation 

of alternatives for new ocean outfalls 

and rehabilitation of the existing ocean 

outfalls. Both activities would entail 

discharge of dredged and fill material in 

waters of the United States, work in 

navigable waters of the United States, 

and the transport of dredged material for 

ocean disposal. These activities would 

require authorization from the Corps 

pursuant to Section 404 of the Clean 

Water Act, Section 10 of the Rivers and 

Harbors Act, and Section 103 of the 

Marine Protection, Research, and 

Sanctuaries Act, respectively. 

FOR ADDITIONAL INFORMATION CONTACT: 

Questions or comments concerning the 

Draft EIS/EIR should be directed to Dr. 

Aaron O. Allen, U.S. Army Corps of 

Engineers, Los Angeles District, 

Regulatory Division, Ventura Field 

Office, 2151 Alessandro Drive, Suite 

110, Ventura, CA 93001, (805) 585– 

2148. 

SUPPLEMENTARY INFORMATION: The Draft 

EIS/EIR is available for a 57-day review 

period from February 13, 2012 through 

April 10, 2012. The document is 

accessible via the World-Wide Web at 

www.ClearwaterProgram.org. 

Alternatively, printed copies are 

available at the following locations: 

Sanitation Districts of Los Angeles 

County, 1955 Workman Mill Road, 

Whittier, California; Carson Regional 

Library, 151 East Carson Street, Carson, 

California; Los Angeles Public Library, 

San Pedro Branch, 921 South Gaffey 

Street, San Pedro, California; Los 

Angeles Public Library, Wilmington 

Branch, 1300 North Avalon, 

Wilmington, California. 

Public Meeting: The Sanitation 

Districts and the Corps will jointly hold 

a public hearing to receive public 

comments regarding the Draft EIS/EIR 

on March 8, 2012, 6:30 p.m., at the 

Crowne Plaza Hotel Los Angeles Harbor 

Hotel, 601 South Palos Verdes Street, 

San Pedro, California. Written 

comments will be accepted until the 

close of public review on April 10, 

2012. 

Dated: January 24, 2012. 

David J. Castanon 

Chief, Regulatory Division, Corps of 

Engineers. 

[FR Doc. 2012–3300 Filed 2–10–12; 8:45 am] 

BILLING CODE 3710–KF–P 

DEPARTMENT OF ENERGY 

[FE Docket No. 11–161–LNG] 

Freeport LNG Expansion, L.P. and 

FLNG Liquefaction, LLC; Application 

for Long-Term Authorization To Export 

Domestically Produced Liquefied 

Natural Gas to Non Free Trade 

Agreement Countries for a 25-Year 

Period 

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 December 19, 

2011, by Freeport LNG Expansion, L.P. 

and FLNG Liquefaction, LLC 

(collectively, FLEX), requesting longterm, multi-contract authorization to 

export domestically produced liquefied 

natural gas (LNG) in an amount up to 

the equivalent of 511 Billion cubic feet 

(Bcf) of natural gas per year, which 

averages to 1.4 Bcf per day (Bcf/d), over 

a 25-year period, commencing on the 

earlier of the date of first export or eight 

years from the date the requested 

authorization is granted. The LNG 

would be exported from the Freeport 

LNG Terminal on Quintana Island near 

Freeport, Texas, to any country (1) with 

which the United States does not have 

a free trade agreement (FTA) requiring 

national treatment for trade in natural 

gas, (2) which has developed or in the 

future develops the capacity to import 

LNG via ocean-going carrier, and (3) 

with which trade is not prohibited by 

U.S. law or policy. The Application is 

filed independent of, and in addition to, 

FLEX’s prior application filed with 

DOE/FE under Docket No. 10–161–LNG. 

This 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, April 13, 

2012. 

ADDRESSES: 

Electronic Filing on the Federal 

eRulemaking Portal under FE Docket 

No. 11–161–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 


erowe on DSK2VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Notices 7569 

1When added to the first proposed liquefaction 

project associated with applications received by 

DOE/FE in 2010, the combined projects will have 

the capacity to produce LNG for export from 

domestic sources equivalent to 2.8 Bcf/d. 

2On December 17, 2010, FLEX filed two 

applications to export domestically produced LNG 

from a proposed liquefaction project at the Freeport 

Terminal capable of producing LNG from domestic 

resources up to the equivalent of 1.4 Bcf/d of 

natural gas. The first of these applications, which 

requested long-term authorization to export LNG to 

FTA countries, was granted by DOE/FE in Order 

No. 2913 on February 10, 2011. The second 

application (DOE/FE Docket No. 10–161–LNG), 

which requested long-term authorization to export 

LNG to countries with which the United States does 

not have an FTA, is still pending before DOE/FE. 

Both applications sought to each export the entire 

capacity of the proposed facility. 

3LNG exports occur when the LNG is delivered 

to the flange of the LNG export vessel. See The Dow 

Chemical Company, FE Docket No. 10–57–LNG, 

Order No. 2859 at p. 7 (October 5, 2010). 

4FLEX states the practice of filing of contracts 

after the DOE/FE has granted export authorization 

is well established. See Yukon Pacific Corporation, 

ERA Docket No. 87–68–LNG, Order No. 350 

(November 16, 1989); Distrigas Corporation, FE 

Docket No. 95–100–LNG, Order No. 1115, at p. 3 

(November 7, 1995); See also Freeport LNG 

Expansion and FLNG Liquefaction, LLC, FE Docket 

No. 10–160–LNG, Order No. 2913 at 9–10 (February 

10, 2011). 

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 Marc Talbert, 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) 586–7991. 

Edward Myers, U.S. Department of 

Energy, Office of the Assistant General 

Counsel, Electricity & Fossil Energy, 

Forrestal Building, Room 6B–159, 1000 

Independence Ave. SW., Washington, 

DC 20585. (202) 586–3397. 

SUPPLEMENTARY INFORMATION: 

Background 

FLNG Expansion is a Delaware 

limited partnership and a wholly owned 

subsidiary of Freeport LNG 

Development, L.P. with its principal 

place of business in Houston, Texas. 

FLNG Liquefaction is a Delaware 

limited liability company and a wholly 

owned subsidiary of FLNG Expansion 

with its principal place of business in 

Houston, Texas. FLEX, through one or 

more of its subsidiaries, intends to 

develop, own and operate natural gas 

liquefaction facilities to receive and 

liquefy domestic natural gas for export 

(Liquefaction Project) to foreign 

markets, pursuant to the export 

authorization sought herein. The 

Liquefaction Project facilities will be 

integrated into the existing Freeport 

Terminal, and is in addition to a 

separate liquefaction project proposed at 

the same terminal for substantially the 

same volume. The Freeport Terminal 

presently consists of a marine berth, two 

160,000 cubic meter full containment 

LNG storage tanks, LNG vaporization 

systems, associated utilities and a 9.6- 

mile pipeline and meter station. 

FLEX intends to expand the terminal 

to provide natural gas pretreatment, 

liquefaction, and export capacity of up 

to 511 Bcf per year, which averages to 

1.4 Bcf/d.1 The facility will be designed 

so that the addition of liquefaction 

capability will not preclude the Freeport 

Terminal from operating in vaporization 

and send-out mode. FLEX states that 

although this Application requests 

authorization substantially similar to 

the pending application in DOE/FE 

Docket No. 10–161–LNG, this is a 

wholly separate Application.2 As a 

result, the total of the liquefaction 

capacity at the Freeport Terminal of 

both this Application and the prior 

application in Docket 10–161–LNG is 

2.8 Bcf/d. FLEX further states that 

demand for liquefaction capacity has 

been significant since it filed its initial 

export applications a year ago, and it 

expects to secure long-term contracts for 

the liquefaction and export of the 

equivalent of an additional 1.4 Bcf/d of 

natural gas. 

Current Application 

In the instant application, FLEX seeks 

long-term, multi-contract authorization 

to export domestically produced LNG 

up to the equivalent of 511 Bcf of 

natural gas per year, 1.4 Bcf/d, for a 

period of twenty-five years beginning on 

the earlier of the date of first export or 

eight years from the date the 

authorization is granted by DOE/FE. 

FLEX requests that such long-term 

authorization provide for export from 

the Freeport LNG Terminal on Quintana 

Island, Texas to any country with which 

the United States does not have an FTA 

requiring national treatment for trade in 

natural gas, which has developed or in 

the future develops the capacity to 

import LNG via ocean-going carrier, and 

with which trade is not prohibited by 

U.S. law or policy. 

FLEX states that rather than enter into 

long-term natural gas supply or LNG 

export contracts, it contemplates that its 

business model will be based primarily 

on Liquefaction Tolling Agreements 

(LTA), under which individual 

customers who hold title to natural gas 

will have the right to deliver that gas to 

FLEX and receive LNG. FLEX states that 

in the current natural gas market, LTAs 

fulfill the role previously performed by 

long-term supply contracts, in that they 

provide stable commercial arrangements 

between companies involved in natural 

gas services. FLEX states that the 

Liquefaction Project will require 

significant capital expenditures on fixed 

assets. FLEX further states that although 

it has not yet entered into long-term 

LTAs or other commercial 

arrangements, long-term export 

authorization is required to attract 

prospective LTA customers willing to 

make large-scale, long-term investments 

in LNG export arrangements. FLEX 

states that both are required to obtain 

necessary financing for the Liquefaction 

Project. 

FLEX requests long-term, multicontract authorization to engage in 

exports of LNG on its own behalf or as 

agent for others. FLEX contemplates that 

the title holder at the point of export 3

may be FLEX or one of FLEX’s LTA 

customers, or another party that has 

purchased LNG from an LTA customer 

pursuant to a long-term contract. FLEX 

requests authorization to register each 

LNG title holder for whom FLEX seeks 

to export as agent, and proposes that 

this registration include a written 

statement by the title holder 

acknowledging and agreeing to comply 

with all applicable requirements 

included by DOE/FE in FLEX’s export 

authorization, and to include those 

requirements in any subsequent 

purchase or sale agreement entered into 

by that title holder. In addition to its 

registration of any LNG title holder for 

whom FLEX seeks to export as agent, 

FLEX states that it will file under seal 

with DOE/FE any relevant long-term 

commercial agreements between FLEX 

and such LNG title holder, including 

LTAs, once they have been executed.4

FLEX provides further discussion of the 

gas supply markets in the Application. 

FLEX states that the natural gas 

supply underlying the proposed exports 

will come primarily from the highly 

liquid Texas market, but may draw 

upon the interconnected general U.S. 

natural gas market. FLEX states that 

given the size of the traditional natural 

gas market in close proximity to the 

Freeport Terminal, and the exponential 

growth of unconventional resources in 

the region, a diverse and reliable source 


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7570 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Notices 

5 DOE/FE Order No. 1473, note 42 at p. 13, citing 

Panhandle Producers and Royalty Owners 

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

1987). 

6Policy Guidelines and Delegation Orders 

Relating to the Regulation of Imported Natural Gas, 

49 FR 6684 (Feb. 22, 1984). 

7Sabine Pass Liquefaction LLC, DOE/FE Docket 

No. 10–110 LNG (DOE/FE Order No. 2961), May 20, 

2011. 

8FLEX states that domestic natural gas reserves, 

including both Alaska and the Lower 48, are 

estimated to total about 2,100 Tcf, which is about 

92 times the annual U.S. consumption of 22.8 Tcf 

in 2009. MIT Energy Initiative Study on The Future 

of Natural Gas Massachusetts Institute of 

Technology Report (MIT REPORT), at 30 (2011). 

9Freeport LNG Expansion, L.P. and FLNG 

Liquefaction, LLC, DOE/FE Docket 10–161–LNG, 

Appendix B: Analysis of Freeport LNG Export 

Impact on U.S. Markets, 12 (Altos Management 

Partners, Inc. 2010). 

10 Id. 11MIT Report supra note 8, at 157. 

of natural gas will be available to 

support the requested authorization. 

Public Interest Considerations 

In support of its Application, FLEX 

states that DOE/FE has consistently 

ruled that section 3(a) of the NGA 

creates a rebuttable presumption that 

proposed exports of natural gas are in 

the public interest. FLEX asserts that 

unless opponents of an export license 

make an affirmative showing based on 

evidence in the record that the export 

would be inconsistent with the public 

interest, DOE/FE must grant the export 

application.5

FLEX asserts that in evaluating 

whether the proposed exportation is 

within the public interest, DOE/FE 

applies the principles established by the 

Policy Guidelines,6 which promote free 

and open trade by minimizing federal 

control and involvement in energy 

markets, and DOE Delegation Order No. 

0204–111, which requires 

‘‘consideration of the domestic need for 

the gas to be exported.’’ FLEX refers to 

DOE/FE Order No. 2961,7 in which 

DOE/FE stated that its public interest 

review of applications to export natural 

gas to countries with which the United 

States does not have an FTA ‘‘has 

continued to focus on the domestic need 

for the natural gas proposed to be 

exported; whether the proposed exports 

pose a threat to the security of domestic 

natural gas supplies; and any other issue 

determined to be appropriate * * *’’. 

FLEX states that as a result of 

technological advances, huge reserves of 

domestic shale gas that were previously 

infeasible or uneconomic to develop are 

now being profitably produced in many 

regions of the United States. FLEX 

asserts that the United States is now 

estimated to have more natural gas 

resources than it can use in a century.8

FLEX also states that large volumes of 

domestic shale gas reserves and 

continued low production costs will 

enable the United States to export LNG 

while also meeting domestic demand for 

natural gas for decades to come. 

FLEX asserts that as U.S. natural gas 

reserves and production have risen, U.S. 

natural gas prices have fallen to the 

point where they are among the lowest 

in the developed world. FLEX states 

that LNG supply contracts in Asian 

markets are pegged to crude oil prices. 

FLEX asserts that while Europe receives 

pipeline gas from various sources, the 

long supply chains and relative 

inflexibility of markets have made 

diversification of supply a high priority. 

FLEX states that domestic natural gas 

prices are projected to remain low 

relative to European and Asian markets 

well into the future, making exports of 

LNG by vessel a viable long-term 

opportunity for the United States. 

FLEX states that the Liquefaction 

Project is positioned to provide the Gulf 

Coast region and the United States with 

significant economic benefits by 

increasing domestic natural gas 

production. FLEX states that these 

benefits will be obtained with only a 

minimal effect on domestic natural gas 

prices. FLEX states that at current and 

forecasted rates of demand, the United 

States’ natural gas reserves will meet 

demand for 100 years. FLEX states that 

the Liquefaction Project allows the 

United States to benefit now from the 

natural gas resources that may not 

otherwise be produced for many 

decades, if ever. FLEX provides further 

discussion on why the proposed export 

authorization is in the public interest. 

First, FLEX contends that the project 

will cause direct and indirect job 

creation through construction (3,000 

onsite jobs over 3–4 years) and 

operation (20 to 30 permanent jobs) of 

the Liquefaction Project, and indirect 

jobs as a result of increased drilling for 

and production of natural gas (17,000 to 

21,000 jobs).9

Second, FLEX maintains that the 

Liquefaction Project would create 

significant economic stimulus, with the 

total economic benefits to the American 

economy estimated to be between $3.6 

and $5.2 billion per year from 2015 to 

2040, or $90 to $130 billion over the 

requested 25-year export term.10

Third, FLEX contends that there will 

be a material improvement in the U.S. 

balance of trade. FLEX states that 

assuming an average value of $7 per 

million Btu, exporting approximately 

1.4 Bcf/d of LNG through the 

Liquefaction Project will improve the 

U.S. balance of payments by 

approximately $3.9 billion per year, or 

$97.5 billion over the requested 25-year 

export term. 

Fourth, FLEX states the project will 

have significant environmental benefits 

by reducing global greenhouse gas 

emissions if the natural gas exported is 

used as a substitute for coal and fuel oil. 

Fifth, FLEX states the Liquefaction 

Project supports American energy 

security. To support this statement, 

FLEX states that the United States has 

developed a massive natural gas 

resource base that is sufficient to supply 

domestic demand for a century, even 

with significant exports of LNG. FLEX 

states the Liquefaction Project will not 

adversely affect U.S. Energy security. 

FLEX references the MIT Report supra, 

which concludes that ‘‘[t]he U.S. should 

sustain North American energy market 

integration and support development of 

a global ‘liquid’ natural gas market with 

diversity of supply. A corollary is that 

the U.S. should not erect barriers to gas 

imports or exports.’’ 11

Finally, FLEX provides further 

discussion of various studies that 

allegedly support FLEX’s public interest 

analysis. 

Based on the reasoning provided in 

the Application, FLEX requests that 

DOE/FE determine that FLEX’s request 

for long-term, multi-contract 

authorization to export LNG to non-FTA 

countries is not inconsistent with the 

public interest. 

Environmental Impact 

FLEX states that the Federal Energy 

Regulatory Commission (FERC) has 

already authorized the Phase II 

expansion of the Freeport LNG 

Terminal. FLEX also states that the 

Liquefaction Project improvements, 

including those required to conduct 

operations under the current 

Application will be contained within 

the previously authorized operational 

area of the Freeport LNG Terminal on 

Quintana Island, Texas. FLEX states that 

the potential air impacts of the 

Liquefaction Project, including the 

facilities required to support the Export 

Authorization, will be reviewed by the 

Texas Commission on Environmental 

Quality (TCEQ) and the Environmental 

Protection Agency (EPA). FLEX states 

that other environmental impacts of the 

Liquefaction Project will be reviewed by 

FERC under the National Environmental 

Policy Act (NEPA). FLEX states that the 

FERC authorization will be conditioned 

upon issuance of air quality permits 

from TCEQ and EPA. Accordingly, 

FLEX requests that DOE/FE issue a 

conditional order authorizing export of 

domestically produced LNG pending 


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Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Notices 7571 

completion of FERC’s environmental 

review. 

DOE/FE Evaluation 

The 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 

any issues required by law or policy. To 

the extent determined to be relevant or 

appropriate, these issues will include 

the impact of LNG exports associated 

with this Application, and the 

cumulative impact of any other 

application(s) previously approved, on 

domestic need for the gas proposed for 

export, adequacy of domestic natural 

gas supply, U.S. energy security, and 

any other issues, including the impact 

on the U.S. economy (GDP), consumers, 

and industry, job creation, U.S. balance 

of trade, international considerations, 

and 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, as well as any other issues 

deemed relevant to the Application. 

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. 

Due to the complexity of the issues 

raised by the Applicants, interested 

persons will be provided 60 days from 

the date of publication of this Notice in 

which to submit comments, protests, 

motions to intervene, notices of 

intervention, or motions for additional 

procedures. 

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. 

11–161–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. 11–161–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 FLEX 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 February 7, 

2012. 

John A. Anderson, 

Manager, Natural Gas Regulatory Activities, 

Office of Oil and Gas Global Security and 

Supply, Office of Fossil Energy. 

[FR Doc. 2012–3247 Filed 2–10–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No.: 12796–004] 

City of Wadsworth, OH; Notice of 

Application Accepted for Filing and 

Soliciting Motions To Intervene and 

Protests 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection. 

a. Type of Application: Major Original 

License. 

b. Project No.: 12796–004. 

c. Date Filed: March 28, 2011. 

d. Applicant: City of Wadsworth, 

Ohio. 

e. Name of Project: R.C. Byrd 

Hydroelectric Project. 

f. Location: On the Ohio River at the 

U.S. Army Corps of Engineers’ (Corps) 

R.C. Byrd Locks and Dam (river mile 

279.2), approximately 12.7 miles south 

of the confluence of the Ohio River and 

the Kanawha River and 9 miles south of 

the Town of Gallipolis, Gallia County, 

Ohio. The project would occupy 7.6 

acres of federal land managed by the 

Corps. 

g. Filed Pursuant to: Federal Power 

Act, 16 U.S.C. 791(a)–825(r). 

h. Applicant Contact: Mr. Chris 

Easton, Director of Public Services, City 

of Wadsworth, Ohio, 120 Maple Street, 

Wadsworth, OH 44281, (330) 335–2777; 

or Mr. Phillip E. Meier, Assistant Vice 

President, Hydro Development, 

American Municipal Power, Inc., 1111 

Schrock Road, Suite 100, Columbus, OH 

43229, (614) 540–0913. 


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