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the nature and purpose of the commu- order by the Assistant Secretary under nication and an opportunity to be subparts D and E. present during such communication or, (p) State commission means the reguin the case of a written communica- latory body of a state or municipality tion, an opportunity to respond to the having jurisdiction to regulate rates communication. It does not include and charges for the sale of natural gas communications concerned solely with to consumers within the state or muprocedures which are not relevant to nicipality, or having any regulatory juthe merits of a proceeding. It also does risdiction over parties involved in the not include general background discus import or export arrangement. sions about an entire industry or natural gas markets or communications of
$590.103 General requirements for fila general nature made in the course of
ing documents with FE. developing agency policy for future (a) Any document, including but not general application, even though these limited to an application, amendment discussions may relate to the merits of of an application, request, petition, a particular proceeding.
motion, answer, comment, protest, (1) Party means an applicant, any per
complaint, and any exhibit submitted son who has filed a motion for and been
in connection with such documents, granted intervenor status or whose mo
shall be filed with FE under this part. tion to intervene is pending, and any
Such document shall be considered ofstate commission which has intervened ficially filed with FE when it has been by notice pursuant to $590.303(a).
received and stamped with the time (m) Person means any individual,
and date of receipt by the Office of
Fuels Programs, FE. Documents transfirm, estate, trust, partnership, association, company, joint-venture, cor
mitted to FE must be addressed as proporation, United States local, state and
vided in $590.104. All documents and ex
hibits become part of the record in the federal governmental unit or instru
official FE docket file and will not be mentality thereof, charitable, edu
returned. An original and fifteen (15) cational or other institution, and oth
copies of all applications, filings and ers, including any officer, director,
submittals shall be provided to FE. No owner, employee, or duly authorized
specific format is required. Applicants representative of any of the foregoing.
required to file quarterly reports as a (n) Presiding official means any em
condition to an authorization need ployee of the DOE who has been des
only file an original and four (4) copies. ignated by the Assistant Secretary to
(b) Upon receipt by FE, each applicaconduct any stage of a proceeding, tion or other initial request for action which may include presiding at a con
shall be assigned a docket number. Any ference, oral presentation, or trial-type petition, motion, answer, request, comhearing, and who has been delegated ment, protest, complaint or other docthe authority of the Assistant Sec
ument filed subsequently in a docketed retary to make rulings and issue orders
proceeding with FE shall refer to the in the conduct of such proceeding, assigned docket number. All docuother than final opinions and orders,
ments shall be signed either by the perorders to show cause, emergency in son upon whose behalf the document is terim orders, or conditional decisions
filed or by an authorized representaunder subpart D and orders on rehear
tive. Documents signed by an authoring under subpart E.
ized representative shall contain a cer(0) Proceeding means the process and tified statement that the representaactivity, and any part thereof, insti tive is a duly authorized representative tuted by FE either in response to an unless the representative has a cerapplication, petition, motion or other tified statement already on file in the filing under this part, or on its own ini FE docket of the proceeding. All docutiative, by which FE develops and con ments shall also be verified under oath siders the relevant facts, policy and ap or affirmation by the person filing, or plicable law concerning the importa- by an officer or authorized representation or exportation of natural gas and tive of the firm having knowledge of which may lead to the issuance of an the facts alleged. Each document filed
with FE shall contain a certification 8590.106 Dockets. that a copy has been served as required
The FE shall maintain a docket file by $590.107 and indicate the date of service. Service of each document must
of each proceeding under this part,
which shall contain the official record be made not later than the date of the
upon which all orders provided for in filing of the document. (c) A person who files an application
subparts D and E shall be based. The
official record in a particular proshall state whether, to the best knowl
ceeding shall include the official servedge of that person, the same or a re
ice list, all documents filed under lated matter is being considered by any
$590.103, the official transcripts of any other part of the DOE, including the
procedures held under subpart C, and FERC, or any other Federal agency or department and, if so, shall identify subparts D and E, and reports of con
opinions and orders issued by FE under the matter and the agency or depart
tract amendments under $590.407. All ment.
dockets shall be available for inspec$590.104 Address for filing documents.
tion and copying by the public during
regular business hours between 8 a.m. All documents filed under this part
and 4:30 p.m. Dockets are located in the shall be addressed to: Office of Fuels
Office of Fuels Programs, FE, Docket Programs, Fossil Energy, U.S. Depart
Room 3F-056, Forrestal Building, 1000 ment of Energy, Docket Room 3F-056,
Independence Avenue SW., Washington, FE-50, Forrestal Building, 1000 Inde DC 20585. pendence Avenue SW., Washington, DC 20585. All hand delivered documents $ 590.107 Service. shall be filed with the Office of Fuels
(a) An applicant, any other party to a Programs at the above address between
proceeding, or a person filing a protest the hours of 8 a.m. and 4:30 p.m., Mon
shall serve a copy of all documents day through Friday, except Federal
filed with FE upon all parties unless holidays.
otherwise provided in this part. The 8590.105 Computation of time.
copy of a document served upon parties
shall be a true copy of the document (a) In computing any period of time filed with FE, but does not have to be prescribed or allowed by these regula a copy stamped with the time and date tions, the day of the act or event from of receipt by FE. The FE shall mainwhich the designated period of time be tain an official service list for each gins to run is not included. The period proceeding which shall be provided of time begins to run the next day after upon request. the day of the act or event. The last (b) When the parties are not known, day of the period so computed is in such as during the initial comment pecluded unless it is a Saturday, Sundayriod following publication of the notice or legal Federal holiday, in which of application, service requirements event the period runs until the end of under paragraph (a) of this section may the next day that is neither a Satur be met by serving a copy of all docuday, Sunday, nor a legal Federal holi ments on the applicant and on FE for day, unless otherwise provided by this inclusion in the FE docket in the propart or by the terms of an FE order. ceeding. Documents received after the regular (c) All documents required to be business hours of 8 a.m. to 4:30 p.m. are served under this part may be served deemed filed on the next regular busi- by hand, certified mail, registered ness day.
mail, or regular mail. It shall be the re(b) When a document is required to sponsibility of the serving party to enbe filed with FE within a prescribed sure that service is effected in a timely time, an extension of time to file may manner. Service is deemed complete be granted for good cause shown.
upon delivery or upon mailing, which(c) An order is issued and effective ever occurs first. when date stamped by the Office of (d) Service upon a person's duly auFuels Programs, FE, after the order thorized representatives on the official has been signed unless another effec service list shall constitute service tive date is specified in the order. upon that person.
(e) All FE orders, notices, or other FE documents shall be served on the parties by FE either by hand, registered mail, certified mail, or regular mail, except as otherwise provided in this part.
8590.108 Off-the-record communica
tions. (a) In any contested proceeding under this part:
(1) No interested person shall make an off-the-record communication or knowingly cause an off-the-record communication to be made to any decisional employee.
(2) No decisional employee shall make an off-the-record communication or knowingly cause an off-the-record communication to be made to any interested person.
(3) A decisional employee who receives, makes, or knowingly causes to be made an oral off-the-record communication prohibited by this section shall prepare a memorandum stating the substance of the communication and any responses made to it.
(4) Within forty-eight (48) hours of the off-the-record communication, a copy of all written off-the-record communications or memoranda prepared in compliance with paragraph (a)(3) of this section shall be delivered by the decisional employee to the Assistant Secretary and to the Deputy Assistant Secretary for Fuels Programs. The materials will then be made available for public inspection by placing them in the docket associated with the proceeding.
(5) Requests by a party for an opportunity to rebut, on the record, any facts or contentions in an off-therecord communication may be filed in writing with the Assistant Secretary. The Assistant Secretary shall grant such requests only for good cause.
(6) Upon being notified of an off-therecord communication made by a party in violation of this section, the Assistant Secretary may, to the extent consistent with the interests of justice and the policies of the NGA and the DOE Act, require the party to show cause why the party's claim or interest in the proceeding should not be dismissed, denied, disregarded, or otherwise ad
versely affected on account of the violation.
(b) The prohibitions of paragraph (a) of the section shall apply only to contested proceedings and begin at the time either a protest or a motion to intervene or notice of intervention in opposition to the application or other requested action is filed with FE, or a party otherwise specifically notifies the Assistant Secretary and the other parties in writing of its opposition to the application or other requested action, whichever occurs first. 8690.109 FE investigations,
The Assistant Secretary or the Assistant Secretary's delegate may investigate any facts, conditions, practices, or other matters within the scope of this part in order to determine whether any person has violated or is about to violate any provision of the NGA or other statute or any rule, regulation, or order within the Assistant Secretary's jurisdiction. In conducting such investigations, the Assistant Secretary or the Assistant Secretary's delegate may, among other things, subpoena witnesses to testify, subpoena or otherwise require the submission of documents, and order testimony to be taken by deposition.
Subpart B-Applications for Au
thorization to Import or Export
Natural Gas 8590.201 General.
(a) Any person seeking authorization to import or export natural gas into or from the United States, to amend an existing import or export authorization, or seeking any other requested action, shall file an application with the FE under the provisions of this part.
(b) Applications shall be filed at least ninety (90) days in advance of the proposed import or export or other requested action, unless a later date is permitted for good cause shown. (54 FR 53531, Dec. 29, 1989; 55 FR 14916, Apr. 19, 1990)
$590.202 Contents of applications.
(a) Each application filed under $590.201 shall contain the exact legal
name of the applicant, the names, ti (7) The potential environmental imtles, and mailing addresses of a max pact of the project. To the extent posimum of two persons for the official sible, the application shall include a service list, a statement describing the listing and description of any environaction sought from FE, the justifica mental assessments or studies being tion for such action, including why the performed on the proposed gas project. proposed action is not inconsistent The application shall be updated as the with the public interest, and the FE status of any environmental assessdocket number, if applicable.
ments changes. (b) Each application shall include the (c) The application shall also have matters listed below to the extent ap attached a statement, including a plicable. All factual matters shall be signed opinion of legal counsel, showsupported to the extent practicable by
ing that a proposed import or export of the necessary data or documents. Cop natural gas is within the corporate ies of relevant documents filed or in powers of the applicant and a copy of tended to be filed with FERC may be all relevant contracts and purchase submitted to satisfy the requirements agreements. of this section. Topics to be addressed
(d) The Assistant Secretary or the or described shall include:
Assistant Secretary's delegate may at (1) The scope of the project, including
any time require the applicant and the volumes of natural gas involved,
other parties to make supplemental filexpressed in either Mcf or Bcf and their
ings of additional information necBtu equivalents, the dates of com essary to resolve issues raised by the mencement and completion of the pro
application. posed import or export, and the facili
(e) All information and data filed in ties to be utilized or constructed;
support of or against an application (2) The source and security of the
will be placed in the official FE docket natural gas supply to be imported or
file of the proceeding and will not be exported, including contract volumes
afforded confidential treatment, unless and a description of the gas reserves
the party shows why the information supporting the project during the term
or data should be exempted from public of the requested authorization;
disclosure and the Assistant Secretary (3) Identification of all the partici
or Assistant Secretary's delegate depants in the transaction, including the
termines that such information or data
shall be afforded confidential treatparent company, if any, and identification of any corporate or other affili
ment. Such determination shall be ations among the participants;
made in accordance with 10 CFR (4) The terms of the transaction, such
1004.11. as take-or-pay obligations, make-up [54 FR 53531, Dec. 29, 1989; 55 FR 18227, May 1, provisions, and other terms that affect 1990] the marketability of the gas; (5) The provisions of the import ar
8590.203 Deficient applications. rangement which establish the base If an application is incomplete or price, volume requirements, transpor otherwise deemed deficient, the Assisttation and other costs, and allow ad ant Secretary or the Assistant Secjustments during the life of the retary's delegate may require the approject, and a demonstration as to why plicant to submit additional informathe import arrangement is and will re tion or exhibits to remedy the defimain competitive over the life of the ciency. If the applicant does not remproject and is otherwise not incon edy the deficiency within the time sistent with the public interest;
specified by the Assistant Secretary or (6) For proposed imports, the need for the Assistant Secretary's delegate, the the natural gas by the applicant or ap application may be dismissed without plicant's prospective customers, in prejudice to refiling at another time. cluding a description of the persons who are expected to purchase the nat
$590.204 Amendment or withdrawal of ural gas; and for proposed exports, the
applications. lack of a national or regional need for (a) The applicant may amend or supthe gas; and
plement the application at any time
prior to issuance of the Assistant Sec FE shall include in the notice of appliretary's final opinion and order resolv- cation a description of the terms or ing the application, and shall amend or
policy positions of that agreement or supplement the application whenever statement to the extent they apply to there are changes in material facts or
the proceeding, and invite comment. A conditions upon which the proposal is
formal policy agreement or statement based.
affecting a particular import or export (b) The Assistant Secretary may for
proceeding that is arrived at after pubgood cause shown by motion of a party
lication of the notice of application or upon the Assistant Secretary's own initiative decline to act on, in whole or
shall be placed on the record in that in part, an amendment or supplement
proceeding and the parties given an oprequested by an applicant under para
portunity to comment thereon. graph (a) of this section. (c) After written notice to FE and
$590.206 Notice of procedures. service upon the parties of that notice In all proceedings where, following a an applicant may withdraw an applica notice of application and the time tion. Such withdrawal shall be effec specified in the notice for the filing of tive thirty (30) days after notice to FE responses thereto, the Assistant Secif the Assistant Secretary does not retary determines to have additional issue an order to the contrary within procedures, which may consist of the that time period.
filing of supplemental written com
ments, written interrogatories or other $590.205 Notice of applications.
discovery procedures, a conference, (a) Upon receipt of an application,
oral presentation, or trial-type hearthe FE shall publish a notice of appli
ing, the Assistant Secretary shall procation in the FEDERAL REGISTER. The
vide the parties with notice of the pronotice shall summarize the proposal.
cedures the Assistant Secretary has deExcept in emergency circumstances,
termined to follow in the proceeding generally the notice shall provide a time limit of not less than thirty (30)
and advise the parties of their right to days from the notice's date of publica
request any additional procedures in tion in the FEDERAL REGISTER for per
accordance with the provisions of sons to file protests, comments, or a
$ 590.310. The notice of procedures may motion to intervene or notice of inter
identify and request comments on spevention, as applicable. The notice may
cific issues of fact, law, or policy relalso request comments on specific
evant to the proceeding and may estabissues or matters of fact, law, or policy
lish a time limit for requesting addiraised by the application.
tional procedures. (b) The notice of application shall advise the parties of their right to re
8590.207 Filing fees. quest additional procedures, including A non-refundable filing fee of fifty the opportunity to file written com dollars ($50) shall accompany each apments and to request that a con plication filed under $590.201. Checks ference, oral presentation, or trial-type
shall be made payable to "Treasury of hearing be convened. Failure to request
the United States." additional procedures at this time shall be deemed a waiver of any right to ad 8590.208 Small volume exports. ditional procedures should the Assistant Secretary decide to grant the ap
Any person may export up to 100,000 plication and authorize the import or
cubic feet of natural gas (14.73 pounds export by issuing a final opinion and
per square inch at 60 degrees Fahrorder in accordance with $590.316.
enheit) or the liquefied or compressed (c) Where negotiations between the equivalent thereof, in a single shipDOE, including FE, and a foreign gov
ment for scientific, experimental, or ernment have resulted in a formal pol other non-utility gas use without prior icy agreement or statement affecting a authorization of the Assistant Secparticular import or export proceeding, retary.