Federal Register / Vol. 65, No. 85 / Tuesday, May 2, 2000 / Notices 25475

1See Federal Power Commission Order issued

April 19, 1967 (37 FPC 777).

2See DOE/ERA Opinion and Order No. 49 (1 ERA

¶70,116, December 14, 1982) (extended export

authority); DOE/ERA Opinion and Order 49–A (I

ERA 170,127, April 3, 1986) (transferred

authorization from Phillips Petroleum Company to

Phillips 66 Natural Gas Company); DOE/ERA

Continued

DEPARTMENT OF ENERGY

Chicago Operations Office, Office of

Industrial Technologies (OIT);

Amendment to the Notice of the Glass

Industry of the Future Solicitation

AGENCY: Chicago Operations Office,

DOE.

ACTION: Amendment to Notice of

Solicitation Availability.

SUMMARY: The Notice of Solicitation

Availability issued by the Chicago

Operations Office, DOE, that appeared

in the Federal Register, Volume 65, No.

21, on Tuesday, February 1, 2000 is

amended to eliminate the requirement

for teaming arrangements as a

qualification criterion.

DATES: The complete solicitation

document was made available on April

11, 2000 on the Internet by accessing the

DOE Chicago Operations Office

Acquisition and Assistance Group

Home Page at http://www.ch.doe.gov/

business/ACQ.htm under the heading

‘‘Current Solicitations’’, Solicitation No.

DE–SC02–00CH11037. Applications are

due on June 12, 2000. Awards are

anticipated by February 1, 2001 pending

availability of funding.

ADDRESSES: Completed applications

must be submitted to: U.S. Department

of Energy, Chicago Operations Office,

Attn: David E. Ramirez, Bldg. 201,

Communications Center, Room 168,

9800 South Cass Avenue, Argonne, IL

60439–4899.

FOR FURTHER INFORMATION CONTACT:

David Ramirez at (630) 252–2133; by

mail at U.S. Department of Energy, 9800

South Cass Avenue, Argonne, IL 60439–

4899; by facsimile at (630) 252–5045; or

by electronic mail at

david.ramirez@ch.doe.gov.

SUPPLEMENTARY INFORMATION: The

Notice of Solicitation Availability

issued by the Chicago Operations Office,

DOE, that appeared in the Federal

Register, Volume 65, No. 21, on

Tuesday, February 1, 2000 required, in

part, that applicants propose a teaming

arrangement of at least two glass

industry companies. That requirement

was eliminated as a qualification

criterion from the solicitation which

was issued on April 11, 2000. However,

teaming arrangements are still desired

and will be evaluated in accordance

with the evaluation criterion identified

in the solicitation.

Issuance: Issued in Argonne, Illinois on

April 18, 2000.

John D. Greenwood,

Manager, Acquisition and Assistance Group.

[FR Doc. 00–10896 Filed 5–1–00; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

[FE Docket No. 96–07–NG]

Office of Fossil Energy; BC Gas Utility

Ltd.; Order Amending Authorization To

Import and Export Natural Gas From

and to Canada

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of order.

SUMMARY: The Office of Fossil Energy of

the Department of Energy gives notice

that it has issued an order to BC Gas

Utility Ltd. amending the natural gas

import and export authorization granted

by DOE/FE Order No.1149 (1 FE

¶ 71,240). Order 1149–A extends the

term from May 1, 2000, through April

30, 2002, and increases the annual limit

from 5 billion cubic feet (Bcf) to 6 Bcf.

Under the import/export arrangement,

Canadian natural gas will be imported

through the existing pipeline facilities at

Sumas, Washington, and Eastport,

Idaho, for storage at the Jackson Prairie

Storage Field in Washington State, and

then exported back to Canada.

This order is available for inspection

and copying in the Office of Natural Gas

& Petroleum Import & Export Activities

docket room, 3E–033, Forrestal

Building, 1000 Independence Avenue,

SW, Washington, DC, 20585, (202) 586–

9478. The docket room is open between

the hours of 8:00 a.m. and 4:30 p.m.,

Monday through Friday, except Federal

holidays.

Issued in Washington, DC, on April 21,

2000.

John W. Glynn,

Manager, Natural Gas Regulation, Office of

Natural Gas & Petroleum Import and Export

Activities, Office of Fossil Energy.

[FR Doc. 00–10894 Filed 5–1–00; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

[ERA Docket No. 88–22–LNG; FE Docket

No. 96–99–LNG]

Office of Fossil Energy: Phillips Alaska

Natural Gas Corporation and Marathon

Oil Company; Application To Amend

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 March 22, 2000, by

Phillips Alaska Natural Gas Corporation

(PANGC) and Marathon Oil Company

(Marathon) to amend their authorization

to export liquefied natural gas (LNG)

from the Kenai peninsula of Alaska to

Japan. The Applicants seek approval of

a revision in the pricing provisions of

their Japanese sales contracts. The

application is filed under section 3 of

the Natural Gas Act and DOE Delegation

Order Nos. 0204–111 and 0204–127.

Protests, motions to intervene or 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, June 1, 2000.

ADDRESSES: Office of Natural Gas &

Petroleum Import & Export Activities,

Office of Fossil Energy, U.S. Department

of Energy, Forrestal Building, Room 3E–

042, FE–34, 1000 Independence

Avenue, SW, Washington, DC 20585,

FOR FURTHER INFORMATION CONTACT:

Patrick J. Fleming, Allyson C. Reilly,

Office of Natural Gas & Petroleum

Import & Export Activities, Office of

Fossil Energy, U.S. Department of

Energy, Forrestal Building, Room 3E–

042, 1000 Independence Avenue, SW,

Washington, DC 20585, (202) 586–4819,

(202) 586–9394.

Diane Stubbs, Office of the Assistant

General Counsel for Fossil Energy, U.S.

Department of Energy, Forrestal

Building, Room 6E–042, GC–75, 1000

Independence Avenue, SW,

Washington, DC 20585, (202) 586–6667.

SUPPLEMENTARY INFORMATION:

PANGC, a Delaware corporation with

its principal place of business in

Bartlesville, Oklahoma, is a wholly

owned subsidiary of Phillips Petroleum

Company, a Delaware corporation.

Marathon, an Ohio corporation with its

principal place of business in Houston,

Texas, is a wholly owned subsidiary of

USX Corporation, also a Delaware

corporation. PANGC and Marathon are

not affiliated with each other. They own

and operate natural gas liquefaction and

marine terminal facilities at Kenai,

Alaska.

The Applicants have maintained an

uninterrupted export relationship with

Japan’s two largest utilities, The Tokyo

Electric Power Company Inc. (Tokyo

Electric) and Tokyo Gas Company

Limited (Tokyo Gas) since 1967.1 The

most recent of numerous amendments 2

25476 Federal Register / Vol. 65, No. 85 / Tuesday, May 2, 2000 / Notices

Opinion and Order No. 206 (1 ERA ¶ 70,128,

November 16, 1987) (amended pricing formula);

DOE/ERA Opinion and Order No. 261 (1 ERA

¶ 70,130, July 28, 1988) (extended export authority);

DOE/FE Opinion and Order No. 26 1–A (I FE

¶ 70,454, June 18, 1991) (amended pricing formula);

DOE/FE Opinion and Order No. 26 1–B (I FE

170,506, December 19, 1991) (transferred

authorization from Phillips 66 Natural Gas

Company to PANGC; DOE/FE Opinion and Order

261–C (I FE ¶ 70,607, July 15, 1992) (increased

annual export authority from 52 trillion Btu’s to

64.4 trillion Btu’s—the provision for yearly sales of

up to 106 percent of annual contract quantity

remained unchanged); DOE/FE Opinion and Order

No. 26 1–D (1 FE ¶ 71,087, March 2, 1995)

(amended pricing formula); DOE/FE Opinion and

Order No. 261–E (2 FE ¶ 71,429, July 18, 1997)

(dismissed complaint); and DOE/FE Opinion and

Order No. 1473 (2 FE ¶ 70,317) (extended export

authority).

3The gaseous equivalent to approximately 64.4

billion cubic feet.

4Order No. 1473 was issued in FE Docket No. 96–

99–LNG.

5Supra note 2. DOE/ERA Opinion and Order No.

261, the lead Order in this sequence of

authorizations, was issued July 28, 1988, in ERA

Docket No. 88–22–LNG.

6For example, if the weighted average price of

crude oil imported into Japan is $18.00 per barrel

(equivalent to $3.10 per million Btu (MMBtu), DOE

calculated the LNG would be sold for $3.37 per

MMBtu using the current pricing scheme. In

contrast, DOE estimated the LNG sales price would

be $3.44 per MMBtu under the new contract

methodology. (The heat content of one barrel of

crude oil is approximately 5.8 MMBtu).

7 15 U.S.C. § 717b.

8See 49 F.R. 6684, February 22, 1984. On January

6, 1989, certain functions including the regulation

of natural gas imports and exports, were transferred

from the Economic Regulatory Administration (a

predecessor of FE) to FE. DOE Delegation Order No.

0204–127 specifies the transferred functions (54 FR

11436, March 20, 1989).

9See supra note 5.

10See 49 FR 6684, February 22, 1984. While those

policy guidelines deal specifically with imports, the

principles are applicable to exports as well (Yukon

Pacific Corporation, DOE/FE Opinion and Order

No. 350, 1 FE ¶ 70,259 (1989), reh’g denied, 1 FE

¶ 70,303 (1990).

11See supra note 2.

to the Applicant’s original export

authorization was granted by DOE/FE

Opinion and Order No. 1473 (Order

1473) on April 2, 1999. It extended their

authority to export up to 64.4 trillion

British thermal units (TBtus) 3 of LNG

per year through March 31, 2009.4

DOE/FE Opinion and Order No. 261–

D, issued March 21, 1995, approved the

currently authorized pricing formula

applicable to the Applicants’ LNG

export sales.5 This formula is described

in an April 19, 1994, ‘‘Third

Amendatory Agreement’’ to the

Applicants’’ June 17, 1988, LNG sales

contract with Tokyo Electric and Tokyo

Gas. It reflects the weighted average

price over periods of three consecutive

months relative to all crude oils

imported into Japan each month. The

crude oil prices are obtained from Japan

Exports and Imports Monthly, a

publication of the Japan Tariff

Association. The arithmetic average

price is subject to a ceiling of $26.00 per

barrel and a floor of $13.00 per barrel.

If the arithmetic price is outside this

range, the formula provides for

redetermination of the contract price.

In response to changes in the Japanese

LNG markets, the parties met in 1999 to

discuss the comparability of Alaska

LNG pricing with that of other projects

supplying LNG to Japan under longterm contracts. As a result of these

discussions, they signed a ‘‘Fourth

Amendatory Agreement’’ on November

16, 1999, which revises the authorized

pricing formula. The applicants ask

DOE to approve the new formula for use

during the period April 1, 1998, to

March 31, 2004.

Under the new formula proposed by

the Applicants, the price is calculated

monthly based primarily on the

weighted average price of all crude oils

imported into Japan in the third month

prior to the time the LNG is unloaded.

In addition, the revised price formula

includes an adjustment factor to keep

the Applicants’ LNG competitive with

other sales of LNG in the Japanese

market.6 Redetermination of the

contract price is triggered when the

weighted average price of crude oil is

outside the range of $11.00 to $25.00 per

barrel.

The Applicants assert the revised

formula is similar to the price formulas

used by most other LNG projects that

sell into the Japanese market. They also

assert the new formula will permit

‘‘more market responsive’’ pricing,

thereby maintaining the

competitiveness of their LNG exports.

The application of PANGC and

Marathon to amend their authorization

to export LNG from Alaska to Japan will

be reviewed pursuant to section 3 of the

Natural Gas Act,7 as amended by section

201 of the Energy Policy Act of 1992

(Pub. L. 102–486), and the authority

contained in DOE Delegation Order Nos.

0204–111 and 0204–127.8 Under section

3, an export from Alaska to a foreign

country must be authorized unless there

is a finding ‘‘it will not be consistent

with the public interest.’’ 9 Section 3

thus creates a statutory presumption in

favor of approval of this application

which opponents bear the burden of

overcoming.

Furthermore, in evaluating an export

application, the Department applies the

principles described in DOE Delegation

Order No. 0204–111, which focuses

primarily on domestic need for the

natural gas to be exported and the

Secretary’s natural gas import policy

guidelines, which presume trade

arrangements freely negotiated by

commercial parties will benefit the

public.10

The Department previously

determined there is no domestic need

for the LNG exports affected by the

revised price formula and will evaluate

the requested amendment based on

whether it is in accord with DOE’s

international gas trade policy.11 Parties

that may oppose this application should

comment in their responses on this

issue as it relates to the contract price

revision. The Applicants assert the

proposed amendment is in the public

interest. Parties opposing the

amendment bear the burden of

overcoming this assertion.

NEPA Compliance

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, as applicable,

and written comments. Any person

wishing to become a party to the

proceeding and to have their written

comments considered as the basis for

any decision on the application must,

however, file a motion to intervene or

notice of intervention, as applicable.

The filing of a protest with respect to

this 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

should be filed with the Office of

Natural Gas & Petroleum Import &

Export Activities at the address listed

above.

It is intended that a decisional record

on this 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

Federal Register / Vol. 65, No. 85 / Tuesday, May 2, 2000 / Notices 25477

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, a notice will provide notice

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 PANGC and

Marathon is available for inspection and

copying in the Natural Gas & Petroleum

Import & Export Activities Docket

Room, 3E–042, at the above address.

The docket room is open between the

hours of 8:00 a.m. and 4:30 p.m.,

Monday through Friday, except Federal

holidays.

Issued in Washington, DC, on April 21,

2000.

John W. Glynn,

Manager, Natural Gas Regulation, Office of

Natural Gas & Petroleum Import & Export

Activities, Office of Fossil Energy.

[FR Doc. 00–10895 Filed 5–1–00; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. CP00–74–000]

Kinder Morgan Interstate Gas

Transmission LLC; Notice of Corporate

Name Change

April 26, 2000.

Take notice that on January 27, 2000,

Kinder Morgan Interstate Gas

Transmission LLC (Kinder Morgan), 370

Van Gordon Street, P.O. Box 281304,

Lakewood, Colorado 80228–8304, filed

in Docket No. CP00–74–000 a motion

pursuant to the Natural Gas Act and

Rule 212 of the Commission’s Rules and

Regulations to substitute the name of

Kinder Morgan for K N Interstate Gas

Transmission Co. on all proceedings

before the Commission. Take notice that

on February 25, 2000, Kinder Morgan

filed in Docket No. GT00–19–000 a copy

of its proposed FERC Gas Tariff, Fourth

Revised Volume Nos. 1–A and 1–B and

Second Revised Volume Nos. 1–C and

1–D, reflecting the name change, with a

Notice of Tariff Filing issued February

29, 2000. It is stated that Kinder Morgan

also filed the tariff electronically. On

March 16, 2000, a letter order was

issued accepting the new tariff. On

April 20, 2000, a notice was issued in

Docket No. GT00–19–001 stating that

Kinder Morgan filed tariff sheets

containing new maps as directed in the

Commission’s March 16 order. In

Docket No. GT00–19–002, Kinder

Morgan filed on April 20, 2000, revised

tariff sheets replacing the title sheets in

each of the 4 volumes, clarifying that

the previous tariff is cancelled and

superseded by the current one.

Any person desiring to be heard or to

make any protests with reference to said

application should on or before May 8,

2000, file with the Federal Energy

Regulatory Commission, Washington,

DC 20426, a motion to intervene or a

protest in accordance with the

requirements of the Commission’s Rules

of Practice and Procedure (18 CFR

385.214 or 385.211) and the Regulations

under the Natural Gas Act (18 CFR

157.10). All protests filed with the

Commission will be considered by it in

determining the appropriate action to be

taken, but will not serve to make the

protestants parties to the proceeding.

Any person wishing to become a party

to a proceeding or to participate as a

party in any hearing therein must file a

motion to intervene in accordance with

the Commission’s Rules. Copies of this

filing are on file with the Commission

and are available for public inspection

in the Public Reference Room. This

filing may be viewed on the web at

http://www.ferc.fed.us/online/rims.htm

(call 202–208–2222 for assistance).

Take further notice that, pursuant to

the authority contained in and subject to

jurisdiction conferred upon the Federal

Energy Regulatory Commission by

Sections 7 and 15 of the Natural Gas Act

and the Commission’s Rules of Practice

and Procedure, a hearing will be held

without further notice before the

Commission or its designee on this

application if no motion to intervene is

filed within the time required herein, if

the Commission on its own review of

the matter finds that a grant of the

certificate is required by the public

convenience and necessity. If a motion

for leave to intervene is timely filed, or

if the Commission on its own motion

believes that a formal hearing is

required, further notice of such hearing

will be duly given.

Under the procedure herein provided

for, unless otherwise advised, it will be

unnecessary for Kinder Morgan to

appear or be represented at the hearing.

David P. Boergers,

Secretary.

[FR Doc. 00–10859 Filed 5–1–00; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. ER00–2071–000]

Lakefield Junction, L.P.; Notice of

Withdrawal

April 26, 2000.

Take notice that on April 18, 2000,

Lakefield Junction, L.P. filed a letter

with the Federal Energy Regulatory

Commission withdrawing its Petition

for Order Accepting Market-Based Rate

Schedule for Filing and Granting

Waivers and Blanket Approvals

submitted for filing in this docket on

March 31, 2000.

Any person desiring to be heard or to

protest such filing should file a motion

to intervene or protest with the Federal

Energy Regulatory Commission, 888

First Street, N.E., Washington, D.C.

20426, in accordance with Rules 211

and 214 of the Commission’s Rules of

Practice and Procedure (18 CFR 385.211

and 385.214). All such motions and

protests should be filed on or before

May 9, 2000. Protests will be considered

by the Commission to determine the

appropriate action to be taken, but will

not serve to make protestants parties to

the proceedings. Any person wishing to

become a party must file a motion to

intervene. Copies of this filing are on

file with the Commission and are

available for public inspection. This

filing may also be viewed on the

Internet at http://www.ferc.fed.us/

online/rims.htm (call 202–208–2222 for

assistance).

David P. Boergers,

Secretary.

[FR Doc. 00–10864 Filed 5–1–00; 8:45 am]

BILLING CODE 6717–01–M