4400 Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Notices 

1Eni USA Gas Marketing LLC, DOE/FE Order No. 

2923 (March 3, 2011) extends through March 2, 

2013 (FE Docket No. 10–152–LNG). 

2 15 U.S.C. 717b.(a). Natural gas is defined to 

include LNG in 10 CFR 590.102(i). 

3Eni USA Gas Marketing referenced 49 FR 6684, 

February 22, 1984. 

DEPARTMENT OF ENERGY 

[FE Docket No. 12–161–LNG] 

Eni USA Gas Marketing LLC; 

Application for Blanket Authorization 

To Export Previously Imported 

Liquefied Natural Gas on a Short-Term 

Basis 

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 November 8, 

2012, by Eni USA Gas Marketing LLC 

(Eni USA Gas Marketing), 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 100 billion cubic feet 

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

spot market basis for a two-year period 

commencing on March 3, 2013.1 The 

LNG would be exported from the 

Cameron LNG Terminal (Cameron 

Terminal) owned by Cameron LNG, 

LLC, in Cameron Parish, Louisiana 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 policy. Eni USA Gas Marketing 

is requesting this authorization both on 

its own behalf and as agent for other 

parties who hold title to the LNG at the 

time of export. The Application was 

filed under section 3 of the Natural Gas 

Act (NGA). 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 using 

procedures detailed in the Public 

Comment Procedures section no later 

than 4:30 p.m., eastern time, February 

21, 2013. 

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 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 

Eni USA Gas Marketing, a Delaware 

limited liability company with its 

principal place of business in Houston, 

Texas, is a wholly-owned subsidiary of 

Eni Petroleum Co. Inc, a Delaware 

corporation. 

Eni USA Gas Marketing states that it 

is engaged in the business of purchasing 

and marketing supplies of LNG, and is 

a customer of the Cameron Terminal. 

On April 30, 2012, FE issued DOE/FE 

Order No. 3092, which granted Eni USA 

Gas Marketing blanket authorization to 

import LNG up to the equivalent of 400 

Bcf of natural gas from various 

international sources for a two year 

period beginning on May 12, 2012. On 

March 3, 2011, FE issued an opinion 

and order (Order No. 2923) that granted 

Eni USA Gas Marketing authority to 

export a cumulative total of 100 Bcf of 

previously imported LNG from the 

Cameron Terminal to any country with 

which trade is not prohibited by U.S. 

law or policy. The export authorization 

granted by that authorization is effective 

for a two year period that commenced 

on March 3, 2011. 

Current Application 

In the instant Application, Eni USA 

Gas Marketing requests blanket 

authorization to export LNG from the 

Cameron Terminal that has been 

previously imported into the United 

States from foreign sources. Eni USA 

Gas Marketing requests this authority 

over a two-year period in an amount up 

to the equivalent of 100 Bcf of natural 

gas, on a cumulative basis, over a twoyear period beginning on the date that 

such authorization is granted, but in any 

event no later than March 2, 2013, the 

date of the expiration of Order No. 2923. 

Eni USA Gas Marketing is seeking such 

authorization to export previously 

imported LNG to any country with the 

capacity to import LNG via ocean-going 

carrier and with which trade is not 

prohibited by Federal law or policy. Eni 

USA Gas Marketing states that it does 

not seek authorization to export 

domestically-produced natural gas or 

LNG. 

Eni USA Gas Marketing noted that 

since Order No. 2923 was issued, DOE/ 

FE adopted new standards authorizing 

export certificate holders to act as agents 

for third-parties. Eni USA Gas 

Marketing states that if this Application 

is approved, Eni USA Gas marketing 

will abide by these standards when 

acting as an agent for third-parties. 

Eni USA Gas Marketing states that its 

requested blanket authorization would 

provide for the export of foreign-sourced 

LNG that is not needed to service the 

domestic market. Eni USA Gas 

Marketing states that it is not proposing, 

and is not seeking authorization to 

export any domestically produced 

natural gas or LNG. This application 

seeks authorization only to export LNG 

that has been previously imported into 

the United States. 

Public Interest Considerations 

Eni USA Gas Marketing states that the 

requested blanket authorization will 

allow it to sell foreign-sourced, 

imported LNG in the most competitive 

market, either by regassifying the 

imported LNG and selling it in domestic 

markets where demand warrants, or by 

storing imported LNG and later selling 

it in other world markets where demand 

is higher. Eni USA Gas Marketing states 

that it will thus be able to better 

contribute to the efficient allocation of 

natural gas supplies. Eni USA Gas 

Marketing states that when gas supplies 

are in balance with domestic demand, 

LNG will be imported and used to 

supplement domestic gas supplies. 

When there is a surplus of domestic gas 

supplies, as at the present time, there 

will be the opportunity to continue to 

import LNG to the United States, which 

will contribute supplies to the domestic 

market once demand rises. 

In support of its application, Eni USA 

Gas Marketing states that section 3 of 

the NGA provides that application to 

export natural gas to foreign countries 

will be authorized unless there is a 

finding that they ‘‘will not be consistent 

with the public interest.2 Eni USA Gas 

Marketing states that in reviewing an 

export application, FE applies the 

principles set forth in DOE Delegation 

Order No. 0204–111, which focuses 

primarily on the domestic need for the 

gas to be exported and the Secretary of 

Energy’s natural gas policy guidelines.3

Eni USA Gas Marketing states that 

DOE/FE has issued a number of blanket 

authorizations, including the blanket 

authorization recently granted to The 

Dow Chemical Company (DOE/FE Order 

No. 3162) on October 11, 2012, which 

allows the export of previouslyimported LNG, finding that such LNG is 


tkelley on DSK3SPTVN1PROD with 
Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Notices 4401 

4The Dow Chemical Company, DOE/FE Order 

No. 3162 (October 11, 2012). 

5 DOE/FE Order No. 2923 at 5. 

not needed to meet domestic demand 

for natural gas.4

Eni USA Gas Marketing states that in 

its existing authorization to export 

foreign-sourced LNG granted in DOE/FE 

Order No. 2923, FE noted that the ‘‘U.S. 

consumers presently have access to 

substantial quantities of natural gas 

sufficient to meet domestic demand 

from multiple other sources at 

competitive prices without drawing on 

the LNG which Eni USA Gas Marketing 

seeks to export.’’ 5 Eni USA Gas 

Marketing asserts that the relevant 

circumstances have not changed in the 

nearly two years since that finding and 

provides a detailed discussion of the 

public interest standard in the 

Application and states that the 

requested authorization is consistent 

with the public interest and the 

Application should be granted. 

Environmental Impact 

Eni USA Gas Marketing states that no 

new facilities or modifications to any 

existing facilities at the Cameron 

Terminal would be required in order for 

Eni USA Gas Marketing to export LNG 

from that facility. Eni USA Gas 

Marketing asserts that exports of LNG 

from the Cameron Terminal also would 

not increase the number of LNG carriers 

that the Cameron Terminal is designed 

and authorized to accommodate. 

Finally, Eni USA Gas Marketing states 

that granting this application will not 

constitute a federal action significantly 

affecting the human environment within 

the meaning of the National 

Environmental Policy Act (NEPA), 42 

U.S.C. 4321 et seq., and accordingly, 

approval of this Application would not 

require an environmental impact 

statement or environmental assessment. 

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. 

00–002.00L (April 29, 2011) and DOE 

Redelegation Order No. 00–002.04E 

(April 29, 2011). In reviewing this LNG 

export Application, DOE will consider 

domestic need for the natural 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. Persons that may 

oppose this Application should 

comment in their responses on these 

issues. 

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, comments, or a 

motion to intervene or notice of 

intervention, as applicable. Any person 

wishing to become a party to the 

proceeding 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 will be considered in 

determining the appropriate action to be 

taken on the Application. All protests, 

comments, motions to intervene or 

notices of intervention must meet the 

requirements specified by the 

regulations in 10 CFR part 590. The 

information contained in any filing will 

not be held confidential and will be 

posted to DOE’s public Web site except 

to the extent confidential treatment is 

requested and granted. 

Filings may be submitted using one of 

the following methods: (1) Emailing the 

filing to fergas@hq.doe.gov, with FE 

Docket No. 12–161–LNG in the title 

line; (2) mailing an original and three 

paper copies of the filing to the Office 

of Oil and Gas Global Security and 

Supply at the address listed in 

ADDRESSES; or (3) hand delivering an 

original and three paper copies of the 

filing to the Office of Oil and Gas Global 

Security and Supply at the address 

listed in ADDRESSES. 

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 trial-type 

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 Eni USA Gas 

Marketing is available for inspection 

and copying in the Office of Natural Gas 

Regulatory Activities docket room, 3E– 

042, 1000 Independence Avenue SW., 

Washington, DC 20585. The docket 

room is open between the hours of 8:00 

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. 

Issued in Washington, DC, on January 15, 

2013. 

John A. Anderson, 

Manager, Natural Gas Regulatory Activities, 

Office of Oil and Gas Global Security and 

Supply, Office of Fossil Energy. 

[FR Doc. 2013–01144 Filed 1–18–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Orders Granting Authority To Import 

and Export Natural Gas, To Import and 

Export Liquefied Natural Gas, and 

Granting Rehearing During October 

2012 


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