19954 Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Notices 

1Cheniere Marketing, LLC, DOE/FE Order Nos. 

2651 and 2651–A, issued June 8, 2009 and July 31, 

2009 respectively. 

2Cheniere Marketing LLC, DOE/FE Order No. 

2606 issued January 23, 2009. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the information collection 

instrument and instructions should be 

directed to Ms. Brenda Edwards and Mr. 

Lucas Adin at the address listed above 

in ADDRESSES. 

SUPPLEMENTARY INFORMATION: This 

information collection request contains: 

(1) OMB No. New; (2) Information 

Collection Request Title: Field Metering 

of Electrical Appliances; (3) Type of 

Request: New; (4) Purpose: Metered 

field data from electrical appliances is 

necessary to support characterization of 

energy consumption for current and 

future DOE energy conservation 

standard rulemakings. The use of tested 

energy consumption data is not 

sufficient due to the potentially wide 

range of conditions found in households 

and businesses using these appliances, 

referred to here as ‘‘the field’’, that are 

not encountered under test conditions. 

Moreover, field metering will allow 

DOE to determine energy consumption 

of appliances that have not yet been 

regulated. Prior field energy 

consumption survey data do exist, but 

are difficult to obtain, do not necessarily 

share a consistent methodology or 

sample target, or are generally not 

representative of the entire U.S.; (5) 

Annual Estimated Number of 

Respondents: 1,000,000; (6) Annual 

Estimated Number of Total Responses: 

10,000; (7) Annual Estimated Number of 

Burden Hours: 10,000; (8) Annual 

Estimated Reporting and Recordkeeping 

Cost Burden: None. 

Statutory Authority: 42 U.S.C. 

6295(o)(2)(B)(i) and 42 U.S.C. 6292(b)(1)(B). 

Issued in Washington, DC, on April 9, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–8775 Filed 4–15–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

[FE Docket No. 10–31–LNG] 

Cheniere Marketing, LLC; Application 

for Blanket Authorization To Export 

Liquefied Natural Gas 

AGENCY: Office of Fossil Energy, DOE. 

ACTION: Notice of application. 

SUMMARY: The Office of Fossil Energy 

(FE) of the Department of Energy (DOE) 

gives notice of receipt of an application, 

filed on March 23, 2010, by Cheniere 

Marketing, LLC (CMI), requesting 

blanket authorization to export liquefied 

natural gas (LNG) that previously had 

been imported into the United States 

from foreign sources in an amount up to 

the equivalent of 500 Billion cubic feet 

(Bcf) of natural gas on a short-term or 

spot market basis. The LNG would be 

exported from the Sabine Pass LNG 

terminal owned by CMI’s affiliate, 

Sabine Pass LNG, L.P., in Cameron 

Parish, Louisiana to any country with 

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

not prohibited by U.S. law or policy, 

over a two year period commencing on 

the date of the authorization. In 

addition, CMI requests that FE vacate 

the blanket authorization issued in 

DOE/FE Order 2651 on June 8, 2009, 

requesting the export of previously 

imported LNG, as amended by Order 

2651–A on July 31, 2009, (Orders 2651 

and 2651–A) effective on the date of the 

proposed authorization. The proposed 

authorization will supersede CMI’s 

current authorization. 

The application was filed under 

section 3 of the Natural Gas Act (NGA) 

(15 U.S.C. 717b), as amended by section 

201 of the Energy Policy Act of 1992 

(Pub. L. 102–486) and part 590 of DOE’s 

regulations, 10 CFR part 590 (2009). 

Protests, motions to intervene, notices of 

intervention, and written comments are 

invited. 

DATES: Protests, motions to intervene or 

notices of intervention, as applicable, 

requests for additional procedures, and 

written comments are to be filed at the 

address listed below no later than 4:30 

p.m., eastern time, May 17, 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 Beverly Howard, 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 General Counsel, 

Fossil Energy and Energy Efficiency, 

Forrestal Building, Room 6B–159, 

1000 Independence Ave., SW., 

Washington, DC 20585, (202) 586– 

3397. 

SUPPLEMENTARY INFORMATION: 

Background 

CMI is a Delaware limited liability 

company with its principal place of 

business in Houston, Texas. CMI is a 

wholly-owned subsidiary of Cheniere 

Energy, Inc. (Cheniere Energy), which is 

also a Delaware corporation with its 

primary place of business in Houston, 

Texas. Cheniere Energy is a developer of 

LNG import terminals and natural gas 

pipelines on the U.S. Gulf Coast, 

including the Sabine Pass LNG terminal. 

On June 8, 2009, FE granted CMI 

blanket authorization to export on its 

own behalf or as agent for others LNG 

that previously had been imported from 

foreign sources in an amount up to the 

equivalent of 64 Bcf of natural gas on a 

cumulative basis. The authorization 

permitted such exports on a short term 

or spot market basis from the Sabine 

Pass LNG terminal to the United 

Kingdom, Belgium, Spain, France, Italy, 

Portugal, Turkey, Brazil, Argentina, 

Chile, Mexico, the Dominican Republic, 

Japan, South Korea, India, China, and/ 

or Taiwan over a two-year period 

commencing on the date of the 

authorization. On July 31, 2009, the 

authorization was amended to reflect a 

name change from Cheniere Marketing, 

Inc to Cheniere Marketing, LLC.1

On January 23, 2009, FE granted CMI 

blanket authorization to import LNG 

from various international sources for a 

two-year term beginning on January 29, 

2009.2 Under the terms of the blanket 

authorization the LNG may be imported 

at any LNG receiving facility in the 

United States and its territories. 

Current Application 

In the instant application, CMI is 

seeking blanket authorization to export 

from the Sabine Pass LNG terminal LNG 

that has been previously imported from 

foreign sources to any country with the 

capacity to import LNG via ocean-going 

carrier and with which trade is not 

prohibited by U.S. law or over a twoyear period, on a short-term or spot 

market basis, in an amount up to the 

equivalent of 500 Bcf of natural gas. CMI 

is also concurrently seeking to vacate 

Order 2651, as amended by Order 2651– 

A since the proposed authorization will 

supersede its current authorization. CMI 

states that no additional physical 

modifications to the Sabine Pass LNG 

terminal are required to accommodate 

the export authorization requested. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Notices 19955 

3 15 U.S.C. 717b. 

4 In Panhandle Producers and Royalty Owners 

Associations v. ERA, 822 F.2d 1105, 1111 (D.D. 

Circ. 1987), the court found that Section 3 of the 

NGA ‘‘requires an affirmative showing of 

inconsistency with the public interest to deny an 

application’’ and that a ‘‘presumption favoring * *

* authorization * * * is completely consistent 

with, if not mandated by, the statutory directive.’’ 

5See 49 FR 6684, February 22, 1984. 

6ConocoPhillips, DOE/FE Order No. 2731, 

November 30, 2009. 

7 Id. at p. 11. 

Public Interest Considerations 

In support of its application, CMI 

states that pursuant to Section 3 of the 

NGA, FE is required to authorize 

exports to a foreign country unless there 

is a finding that such exports ‘‘will not 

be consistent with the public interest.’’ 3

CMI states that section 3 thus creates a 

statutory presumption in favor of 

approval of this Amendment which 

opponents bear the burden of 

overcoming.4 CMI states further, in 

evaluating an export application, FE 

applies the principles described in DOE 

Delegation Order No. 0204–111, which 

focuses primarily on domestic need for 

the gas to be exported, and the 

Secretary’s natural gas policy 

guidelines.5 Finally, as detailed below, 

CMI states that their proposal to export 

LNG to those countries with the 

capacity to import LNG via ocean-going 

carrier and with which trade is not 

prohibited by U.S. law or policy is 

consistent with Section 3 of the NGA 

and FE’s policy. 

CMI states that in DOE/FE Order No. 

2651, which granted CMI blanket 

authorization to export up to 64 Bcf 

(cumulative) of previously imported 

foreign-sourced LNG, FE determined 

that there presently is no domestic 

reliance on the volumes of imported 

LNG that CMI would seek to export. 

CMI also states that in November 2009, 

FE made the same finding in granting 

ConocoPhillips Company 

(ConocoPhillips) blanket authority to 

export from the Freeport LNG 

Development, L.P. Quintana Island 

terminal up to 500 Bcf of previously 

imported LNG.6 CMI points out that FE 

stated that ‘‘the record shows there is 

sufficient supply of natural gas to satisfy 

domestic demand from multiple other 

sources at competitive prices without 

drawing on the LNG which 

ConocoPhillips seeks to export.* * *’’ 7

CMI is requesting authorization, for 

itself and as agent for third parties, to 

periodically export LNG imported under 

DOE/FE Order No. 2606, as well as LNG 

of third parties, to any other country 

with the capacity to import LNG via 

ocean-going vessel and with which 

trade is not prohibited by U.S. law or 

policy, should market conditions in the 

United States not support domestic sale 

of those supplies. CMI states that 

granting of CMI’s short term blanket 

authorization as requested herein would 

provide CMI with the necessary 

flexibility it requires to respond to 

changes in domestic and global markets 

for natural gas and LNG. CMI states that 

the additional flexibility sought herein 

would further encourage CMI to obtain 

and store spot market LNG cargoes. 

Natural gas derived from imported LNG 

will be available to supply local markets 

when conditions support it, and will 

thereby serve to moderate U.S. gas price 

volatility. As such, CMI states the 

requested export authorization is 

consistent with the public interest. 

DOE/FE Evaluation 

This export application will be 

reviewed pursuant to section 3 of the 

NGA, as amended, and the authority 

contained in DOE Delegation Order No. 

00–002.00I (Nov. 10, 2009) and DOE 

Redelegation Order No. 00–002.04D 

(Nov. 6, 2007). In reviewing this LNG 

export application, DOE will consider 

domestic need for the gas, as well as any 

other issues determined to be 

appropriate, including whether the 

arrangement is consistent with DOE’s 

policy of promoting competition in the 

marketplace by allowing commercial 

parties to freely negotiate their own 

trade arrangements. Parties that may 

oppose this application should 

comment in their responses on these 

issues. 

CMI states that since no changes to 

the Sabine Pass LNG facilities would be 

required for CMI’s proposed exportation 

of LNG. CMI asserts that consequently, 

granting this application will not be a 

Federal action significantly affecting the 

human environment within the meaning 

of the National Environmental Policy 

Act, 42 U.S.C. 4321 et seq. CMI states 

therefore, an environmental impact 

statement or environmental assessment 

is not required. 

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 and written 

comments, as provided in DOE’s 

regulations at 10 CFR 590.301, et seq. 

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 

a protest with respect to the 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 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 CMI 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 is also available 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

19956 Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Notices 

electronically by going to the following 

Web address: http://www.fe.doe.gov/ 

programs/gasregulation/index.html. 

Issued in Washington, DC, on April 9, 

2010. 

John A. Anderson, 

Manager, Natural Gas Regulatory Activities, 

Office of Oil and Gas Global Security and 

Supply, Office of Fossil Energy. 

[FR Doc. 2010–8753 Filed 4–15–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 3156–030] 

Miller and Miller, Waterpower LLC; 

Notice of Application for Transfer of 

License and Soliciting Comments and 

Motions To Intervene 

April 9, 2010. 

On March 19, 2010, Miller and Miller 

(transferor) and Waterpower, LLC 

(transferee) filed an application for 

transfer of license of the Worthville Dam 

Project No. 3156, located on the Deep 

River in Randolph County, North 

Carolina. 

Applicants seek Commission approval 

to transfer the license for the Worthville 

Dam Project from the transferor to the 

transferee. 

On February 17, 2010, the 

Commission issued a Notice of 

Termination of License by Implied 

Surrender and Soliciting Comments, 

Protests, and Motions to Intervene for 

the Worthville Dam Project (P–3156– 

029). On March 19, 2010, Waterpower, 

LLC filed a motion to intervene and 

protest in the termination proceeding. 

Applicants’ Contact: Mr. Mark K. 

Seifert, Attorney at Law, 107 Saint 

Brides Court, Cary, NC; (919) 961–0095. 

FERC Contact: Robert Bell, (202) 502– 

6062. 

Deadline for filing comments and 

motions to intervene: 30 days from the 

issuance of this notice. Comments and 

motions to intervene may be filed 

electronically via the Internet. See 18 

CFR 385.2001(a)(1)(iii)(2008) and the 

instructions on the Commission’s Web 

site under the ‘‘e-Filing’’ link. If unable 

to be filed electronically, documents 

may be paper-filed. To paper-file, an 

original and eight copies should be 

mailed to: Kimberly D. Bose, Secretary, 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426. For more information on how to 

submit these types of filings please go 

to the Commission’s Web site located at 

http://www.ferc.gov/filingcomments.asp. More information about 

this project can be viewed or printed on 

the eLibrary link of Commission’s Web 

site at http://www.ferc.gov/docs-filing/

elibrary.asp. Enter the docket number 

(P–3156–030) in the docket number 

field to access the document. For 

assistance, call toll-free 1–866–208– 

3372. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–8704 Filed 4–15–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 553–136] 

Seattle City Light; Notice of 

Application for Amendment of License 

and Soliciting Comments, Motions To 

Intervene, and Protests 

April 9, 2010. 

a. Type of Application: Amendment 

for Temporary Variance from Recreation 

Plan. 

b. Project Number: 553–136. 

c. Date Filed: March 25, 2010. 

d. Applicant: Seattle City Light. 

e. Name of Project: Skagit River 

Hydroelectric Project. 

f. Location: The project is located on 

the Skagit River in Snohomish, Skagit, 

and Whatcom Counties, Washington. 

g. Filed Pursuant to: Federal Power 

Act, 16 U.S.C. 791 (a) 825(r). 

h. Applicant Contact: Ms. Lynn Best, 

Director, Environmental Affairs 

Division, Seattle City Light, 700 Fifth 

Avenue, P.O. Box 34023, Seattle, WA 

98124. Telephone: (206) 386–4586. 

i. FERC Contact: Any questions on 

this notice should be addressed to 

Christopher Yeakel at (202) 502–8132, 

or e-mail address: 

christopher.yeakel@ferc.gov. 

j. Deadline for filing comments and or 

motions: May 10, 2010. 

Comments, Motions to Intervene, and 

Protests may be filed electronically via 

the Internet. See, 18 CFR 

385.2001(a)(1)(iii) and the instructions 

on the Commission’s Web site at 

http://www.ferc.gov under the ‘‘e-Filing’’ 

link. If unable to be filed electronically, 

documents may be paper-filed. To 

paper-file, an original and eight copies 

should be mailed to: Secretary, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426. 

For more information on how to submit 

these types of filings, please go to the 

Commission’s Web site located at 

http://www.ferc.gov.filingcomments.asp. Please include the 

project number (P–553–136) on any 

comments or motions filed. 

The Commission’s Rules of Practice 

and Procedure require all interveners 

filing documents with the Commission 

to serve a copy of that document on 

each person whose name appears on the 

official service list for the project. 

Further, if an intervener files comments 

or documents with the Commission 

relating to the merits of an issue that 

may affect the responsibilities of a 

particular resource agency, they must 

also serve a copy of the document on 

that resource agency. A copy of any 

motion to intervene must also be served 

upon each representative of the 

Applicant specified in the particular 

application. 

k. Description of Request: Seattle City 

Light requests authorization to suspend 

guided tours of the Ross and Diablo 

hydroelectric facilities for the 2010 

recreation season due to lower than 

normal seasonal snowpack, predicted 

low flow conditions, and revenue 

shortages. As proposed, the tours would 

be suspended for one year only and all 

other recreation facilities described in 

article 412 of the project license, 

including ferry service on Diablo Lake, 

would remain open. Seattle City Light 

consulted with the National Park 

Service prior to filing the application. 

The National Park Service supports the 

request. 

l. Locations of the Application: A 

copy of the application is available for 

inspection and reproduction at the 

Commission’s Public Reference Room, 

located at 888 First Street, NE., Room 

2A, Washington, DC 20426, or by calling 

(202) 502–8371. This filing may also be 

viewed on the Commission’s Web site at 

http://www.ferc.gov using the ‘‘eLibrary’’ 

link. Enter the docket number excluding 

the last three digits in the docket 

number field (P–553) to access the 

document. You may also register online 

at http://www.ferc.gov/docs-filing/

esubscription.asp to be notified via email of new filings and issuances 

related to this or other pending projects. 

For assistance, call 1–866–208–3372 or 

e-mail FERCOnlineSupport@ferc.gov, 

for TTY, call (202) 502–8659. A copy is 

also available for inspection and 

reproduction at the address in item (h) 

above. 

m. Individuals desiring to be included 

on the Commission’s mailing list should 

so indicate by writing to the Secretary 

of the Commission. 

n. Comments, Protests, or Motions to 

Intervene—Anyone may submit 

comments, a protest, or a motion to 

intervene in accordance with the 

requirements of Rules of Practice and 

Procedure, 18 CFR 385.210, .211, .214. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES