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
Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 62513 

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

3 10 CFR 590.202(b). 

4 10 CFR 590.402. 

standard articulated in Section 3(a) of 

the NGA.2

Sabine Pass requests authorization to 

export LNG acting on its own behalf or 

as agent for others. Citing the nature and 

complexity of current market practices 

Sabine Pass seeks a waiver of certain 

elements of Section 590.202(b) of the 

DOE regulations 3 that require the 

Application to include information 

concerning the source and security of 

the natural gas supply to be exported 

and other transaction-specific 

information. 

Sabine Pass requests that, pursuant to 

Section 590.402 of the DOE 

regulations,4 the Assistant Secretary 

issue a conditional Order authorizing 

the export of domestically produced 

LNG conditioned on the completion of 

the environmental review of the 

Liquefaction Project by the Federal 

Energy Regulatory Commission (FERC). 

Public Interest Considerations 

Sabine Pass states that insofar as the 

application seeks authorization to 

export to non-WTO Countries, FE’s 

public interest determination should be 

guided by DOE’s Delegation Order No. 

0204–111 which designates ‘‘domestic 

need for the natural gas proposed to be 

exported as the only explicit criterion 

that must be considered in determining 

the public interest.’’ Sabine Pass further 

states that insofar as the application 

seeks authorization to export to WTO 

Countries, DOE should deem the 

application to be in the public interest 

and grant the application without 

modification or delay. 

Sabine Pass states that the 

Liquefaction Project was proposed in 

response to the improved outlook for 

domestic natural gas production, in 

particular to shale gas-bearing 

formations in the United States. Sabine 

Pass maintains that improvements in 

drilling and extraction technologies 

coupled with the widespread use of best 

practices in unconventional drilling and 

resource development have lessened 

some of the uncertainties associated 

with future domestic natural gas 

production. 

Sabine Pass states that in support of 

its Application, it commissioned several 

reports to assess domestic need for the 

natural gas to be exported from the 

Liquefaction Project. Sabine Pass states 

that these reports, as well as other 

publicly available information, indicate 

the United States has significant natural 

gas resources available at modest prices 

to meet projected domestic demand and 

16 mtpa of exports over the 20-year 

period as requested in its Application. 

Finally, Sabine Pass states that the 

export of domestically produced LNG 

will provide the following benefits, 

which are consistent with the public 

interest: 

First, Sabine Pass contends that the 

project will stimulate the local, regional, 

and national economies through job 

creation, increased economic activity 

and tax revenues. 

Second, Sabine Pass maintains that 

the Sabine Pass LNG Liquefaction 

Project will play an influential role in 

contributing to the growth of natural gas 

production in the United States and a 

reduced reliance on foreign sources of 

oil. 

Third, Sabine Pass contends that the 

export of LNG will further the 

President’s National Export Initiative by 

improving the balance of payments with 

the rest of the world, thereby reducing 

the overall U.S. trade deficit. 

Fourth, Sabine Pass maintains that the 

export of LNG will raise domestic 

natural gas productive capacity and 

promote stability in domestic natural 

gas pricing. 

Fifth, Sabine Pass contends that the 

export of domestically produced LNG 

will promote liberalization of the global 

gas market by fostering increased 

liquidity and trade at prices established 

by market forces. 

Sixth, Sabine Pass maintains that the 

export of LNG will advance national 

security and the security of U.S. allies 

through diversification of global natural 

gas supplies. 

Seventh, Sabine Pass contends that 

the export of LNG will advance 

initiatives underway by the current 

Administration to promote investment 

in energy infrastructure and to increase 

trade with neighboring Caribbean and 

Central/South America nations. 

A more complete discussion of these 

issues can be found in the Application. 

Environmental Impact 

Sabine Pass states that the 

Liquefaction Project will have minimal 

environmental impacts given that all 

facilities will be located within the 

previously authorized footprint of the 

existing Sabine Pass LNG Terminal. 

Sabine Pass states that the FERC 

conducted an environmental review of 

the Sabine Pass LNG Terminal site in 

connection with authorization of the 

siting, construction and operation of the 

Terminal in Docket No. CP04–47–000 

and Docket No. CP05–396–000. Sabine 

Pass states that any additional 

environmental impacts associated with 

the construction and operation of the 

Liquefaction Project will be reviewed by 

the FERC under the National Energy 

Policy Act (NEPA), 42 U.S.C. 4321 et 

seq., and by all applicable state and 

federal permitting agencies (e.g., United 

States Army Corps of Engineers and 

Louisiana Department of Natural 

Resources, among others) as part of the 

permitting process for the Liquefaction 

Project. 

Related Authorizations 

Sabine Pass and Sabine Pass LNG 

currently are undergoing the FERC’s 

NEPA pre-filing review for the 

Liquefaction Project in Docket No. 

PF10–24–000. Sabine Pass and Sabine 

Pass LNG anticipate filing a formal 

application with FERC no later than 

February 2011 and will request that 

FERC issue authorization of the siting, 

construction and operation of the 

Liquefaction Project by December 2011. 

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 

any issues required by law or policy. To 

the extent determined to be necessary or 

appropriate, these issues will include 

domestic need for the gas, the impact on 

U.S. gross domestic product, consumers, 

industry, U.S. balance of trade, jobs 

creation, and other issues, as well as 

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 and novelty 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 

You may submit comments in 

electronic form on the Federal 

eRulemaking Portal at http:// 

www.regulations.gov. Alternatively, 

written comments can be submitted 


srobinson on DSKHWCL6B1PROD with NOTICES
62514 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices 

using the procedures discussed below. If 

using electronic filing, follow the online instructions and submit such 

comments under FE Docket No. 10– 

111–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. 

The application filed by Sabine Pass 

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 5, 

2010. 

John A. Anderson, 

Manager, Natural Gas Regulatory Activities, 

Office of Oil and Gas Global Security and 

Supply, Office of Fossil Energy. 

[FR Doc. 2010–25546 Filed 10–8–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Notice of Availability of Report on Data 

Access and Privacy Issues Related to 

Smart Grid Technologies 

AGENCY: Office of the General Counsel, 

Department of Energy. 

ACTION: Notice of availability. 

SUMMARY: Through this notice, the 

Department of Energy (DOE) announces 

the availability of its report entitled, 

‘‘Data Access and Privacy Issues Related 

to Smart Grid Technologies.’’ In this 

report, DOE discusses existing trends, 

consensus, and potential best practices 

emerging as States use or adapt existing 

legal regimes to accommodate the 

deployment of Smart Grid technologies. 

DOE also provides a comprehensive 

summary of the comments received in 

response to a Request for Information 

and during a public meeting conducted 

during the preparation of the report. 

This report responds to 

recommendations for DOE set forth in 

the National Broadband Plan authored 

by the Federal Communications 

Commission at the direction of 

Congress. 

ADDRESSES: Copies of the report, 

comments received and the transcript of 

the public meeting are available for 

public inspection at the U.S. 

Department of Energy, Forrestal 

Building, 1000 Independence Avenue, 

SW., Room 1G–051, Washington, DC 

20585–0121. Public inspection can be 

conducted between 9 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. These documents can also be 

accessed online at http:// 

www.gc.energy.gov/1592.htm. 

FOR FURTHER INFORMATION CONTACT: 

Maureen C. McLaughlin, Senior Legal 

Advisor to the General Counsel, U.S. 

Department of Energy, Office of the 

General Counsel, Forrestal Building, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. Tel.: (202) 

586–5281. E-mail: 

broadband@hq.doe.gov. 

For Media Inquiries, you may contact 

Jen Stutsman at (202) 586–4940. E-mail: 

Jen.Stutsman@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: On May 

11, 2010, DOE published a Request for 

Information (RFI) seeking comments 

and information from interested parties 

to assist DOE in understanding current 

and potential practices and policies for 

the states and other entities to empower 

consumers (and perhaps others) through 

access to detailed energy information in 

electronic form—including real-time 

information from smart meters, 

historical consumption data, and 

pricing and billing information. 75 FR 

26203. The RFI asked interested parties, 

including industry, consumer groups 

and state governments, to report on state 

efforts to enact Smart Grid privacy and 

data collection policies. The RFI also 

sought input regarding individual 

electric utility practices and policies 

regarding data access and collection; 

third party access to detailed energy 

information; and the role of the 

consumer in balancing the benefits of 

access and privacy. Finally, the RFI 

sought comment on what policies and 

practices should guide policymakers in 

determining who can access consumers’ 

energy information and under what 

conditions. To gather additional data, 

DOE also published a notice in the 

Federal Register announcing a public 

meeting to discuss the issues presented 

in the RFI. 75 FR 33611 (June 14, 2010). 

The public meeting, held on June 29, 

2010, provided another forum in which 

interested parties could provide 

comments and information, as well as 


srobinson on DSKHWCL6B1PROD with NOTICES