[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Notices]
[Pages 11664-11665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04461]


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DEPARTMENT OF ENERGY


Notice of Procedure Requiring Designation of U.S. Resident Agent 
for Applicants and Authorization Holders That Neither Reside in Nor 
Have a Place of Business or Other Corporate Presence in the United 
States

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of procedure.

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SUMMARY: The Office of Fossil Energy (FE) of the Department of Energy 
(DOE) is hereby notifying both applicants for authorizations to import 
or export natural gas, including liquefied natural gas (LNG), and the 
current holders of such authorizations that neither reside in nor have 
a place of business or other corporate presence in the United States 
that they must identify an agent resident within the United States to 
receive service of legal process. This notice applies to any such 
applicant and/or authorization holder that has not already identified a 
U.S. agent in its existing proceeding in a filing or other 
correspondence with DOE/FE.

DATES: This procedural change is effective March 4, 2015. Those 
affected by the change must comply by April 3, 2015.

ADDRESSES: Submissions of information required by this procedure can be 
made using one of the following:

Electronic Filing by Email

    <a href="/cdn-cgi/l/email-protection#d5b3b0a7b2b4a695bda4fbb1bab0fbb2baa3"><span class="__cf_email__" data-cfemail="f89e9d8a9f998bb89089d69c979dd69f978e">[email protected]</span></a>.

Regular Mail

    U.S. Department of Energy (FE-34), Office of Oil and Gas Global 
Security and Supply, 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 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

[[Page 11665]]

Building, Room 3E-042, 1000 Independence Avenue SW., Washington, DC 
20585, (202) 586-9478; (202) 586-9387.
    Edward B. Myers, Cassandra S. Bernstein, U.S. Department of Energy, 
Office of the Assistant General Counsel for Electricity and Fossil 
Energy, Forrestal Building, 1000 Independence Ave. SW., Washington, DC 
20585, (202) 586-3397, (202) 586-9793.

SUPPLEMENTARY INFORMATION: DOE is authorized under the Natural Gas Act, 
15 U.S.C. 717b(a), (c), to regulate the import and export of natural 
gas to or from the United States.\1\ As the number of applicants and 
authorization holders regulated under these statutory provisions 
continues to increase, DOE/FE is aware that many such applicants and 
authorization holders neither reside in nor have a place of business or 
other corporate presence in the United States. Applications to import 
or export natural gas are informal adjudications conducted in 
accordance with DOE regulations, 10 CFR part 590, and the 
Administrative Procedure Act, 5 U.S.C. 551, et seq. Applicants 
therefore must be available to receive and respond to timely service of 
process of DOE/FE orders and other filings, including pleadings 
submitted by parties in application proceedings. Additionally, 
authorization holders are subject to continuing agency jurisdiction and 
to terms, conditions, and reporting and recordkeeping requirements set 
forth in each authorization. To monitor and enforce compliance with its 
authorizations, DOE/FE must have the means to serve legal process on 
authorization holders within the United States.
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    \1\ The authority to regulate the imports and exports of natural 
gas, including liquefied natural gas, under section 3 of the NGA (15 
U.S.C. 717b) has been delegated to the Assistant Secretary for FE in 
Redelegation Order No. 00-006.02 issued on November 17, 2014.
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    Accordingly, DOE/FE has determined that applicants and 
authorization holders that neither reside in nor have a place of 
business or other corporate presence in the United States must identify 
an agent within the jurisdiction of the United States to receive 
service of process regarding their pending application or existing 
authorization, respectively. As noted above, this action will help to 
ensure that all applicants and authorization holders are notified 
promptly of any agency or party filing in their proceeding, and that 
DOE/FE has the means to monitor and enforce compliance with the terms, 
conditions, and other requirements of its authorizations.
    Compliance with this procedural change shall be accomplished in the 
following manner: Within 30 days of the date of publication of this 
Notice in the Federal Register, all applicants and authorization 
holders that do not reside in the United States and do not have a place 
of business or other corporate presence in the United States must 
provide DOE/FE with the name, address, and telephone number of an agent 
in the United States designated to receive service of legal process in 
connection with their pending application(s) and/or existing 
authorization(s). This requirement does not apply to any such applicant 
and/or authorization holder that has already identified a U.S. agent in 
its existing proceeding in a filing or other correspondence with DOE/
FE.
    For purposes of complying with this procedural requirement, the 
U.S. agent may be a natural person residing in the United States, a 
U.S. corporation, or a foreign corporation registered to conduct 
business in the United States (including the applicant or authorization 
holder itself), provided that the domestic or foreign corporation has a 
business address in the United States and is authorized by its articles 
of incorporation to act as agent.
    Submissions shall include the docket number and the order number(s) 
(if appropriate), the agent's name and complete U.S. address, and the 
consent of the applicant or authorization holder to service of process 
on the designated agent as long as the authority of the agent 
continues. This requirement shall be a continuing obligation of 
applicants and authorization holders. Accordingly, it shall be 
incumbent upon applicants and authorization holders to designate a new 
agent in the event an agent discontinues its service as agent.

    Issued in Washington, DC, on February 26, 2015.
John A. Anderson,
Director, Office of Oil and Gas Global Security and Supply, Office of 
Oil and Natural Gas.
[FR Doc. 2015-04461 Filed 3-3-15; 8:45 am]
BILLING CODE 6450-01-P


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