### 62512 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

1 The 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. ThisApplication 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


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

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


### 62514 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices

using the procedures discussed below. Ifusing 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, anoral 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