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with FE shall contain a certification that a copy has been served as required by 8590.107 and indicate the date of service. Service of each document must be made not later than the date of the filing of the document.
(c) A person who files an application shall state whether, to the best knowledge of that person, the same or a related matter is being considered by any other part of the DOE, including the FERC, or any other Federal agency or department and, if so, shall identify the matter and the agency or department.
8590.104 Address for filing documents.
All documents filed under this part shall be addressed to: Office of Fuels Programs, Fossil Energy, U.S. Depart ment of Energy, Docket Room 3F-056, FE-50, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585. All hand delivered documents shall be filed with the Office of Fuels Programs at the above address between the hours of 8 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. 8590.105 Computation of time.
(a) In computing any period of time prescribed or allowed by these regulations, the day of the act or event from which the designated period of time begins to run is not included. The period of time begins to run the next day after the day of the act or event. The last day of the period so computed is in cluded unless it is a Saturday, Sunday, or legal Federal holiday, in which event the period runs until the end of the next day that is neither a Saturday, Sunday, nor a legal Federal holiday, unless otherwise provided by this part or by the terms of an FE order. Documents received after the regular business hours of 8 a.m. to 4:30 p.m. are deemed filed on the next regular business day.
(b) When a document is required to be filed with FE within a prescribed time, an extension of time to file may be granted for good cause shown.
(c) An order is issued and effective when date stamped by the Office of Fuels Programs, FE, after the order has been signed unless another effective date is specified in the order.
The FE shall maintain a docket file of each proceeding under this part, which shall contain the official record upon which all orders provided for in subparts D and E shall be based. The official record in a particular proceeding shall include the official service list, all documents filed under $590.103, the official transcripts of any procedures held under subpart C, and opinions and orders issued by FE under subparts D and E, and reports of contract amendments under $590.407. All dockets shall be available for inspection and copying by the public during regular business hours between 8 a.m. and 4:30 p.m. Dockets are located in the Office of Fuels Programs, FE, Docket Room 3F-056, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585. 8590.107 Service.
(a) An applicant, any other party to a proceeding, or a person filing a protest shall serve a copy of all documents filed with FE upon all parties unless otherwise provided in this part. The copy of a document served upon parties shall be a true copy of the document filed with FE, but does not have to be a copy stamped with the time and date of receipt by FE. The FE shall maintain an official service list for each proceeding which shall be provided upon request.
(b) When the parties are not known, such as during the initial comment period following publication of the notice of application, service requirements under paragraph (a) of this section may be met by serving a copy of all documents on the applicant and on FE for inclusion in the FE docket in the proceeding.
(c) All documents required to be served under this part may be served by hand, certified mail, registered mail, or regular mail. It shall be the responsibility of the serving party to ensure that service is effected in a timely manner. Service is deemed complete upon delivery or upon mailing, whichever occurs first.
(d) Service upon a person's duly authorized representatives on the official service list shall constitute service 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.
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.
8 590.108 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
8590.109 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
(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, titles, and mailing addresses of a maximum of two persons for the official service list, a statement describing the action sought from FE, the justification for such action, including why the proposed action is not inconsistent with the public interest, and the FE docket number, if applicable.
(b) Each application shall include the matters listed below to the extent ap plicable. All factual matters shall be supported to the extent practicable by the necessary data or documents. Cop ies of relevant documents filed or intended to be filed with FERC may be submitted to satisfy the requirements of this section. Topics to be addressed or described shall include:
(1) The scope of the project, including the volumes of natural gas involved, expressed in either Mcf or Bcf and their Btu equivalents, the dates of commencement and completion of the proposed import or export, and the facilities to be utilized or constructed;
(2) The source and security of the natural gas supply to be imported or exported, including contract volumes and a description of the gas reserves supporting the project during the term of the requested authorization;
(3) Identification of all the participants in the transaction, including the parent company, if any, and identification of any corporate or other affiliations among the participants;
(4) The terms of the transaction, such as take-or-pay obligations, make-up provisions, and other terms that affect the marketability of the gas;
(5) The provisions of the import arrangement which establish the base price, volume requirements, transportation and other costs, and allow adjustments during the life of the project, and a demonstration as to why the import arrangement is and will remain competitive over the life of the project and is otherwise not inconsistent with the public interest;
(6) For proposed imports, the need for the natural gas by the applicant or ap plicant's prospective customers, including a description of the persons who are expected to purchase the natural gas; and for proposed exports, the lack of a national or regional need for the gas; and
(7) The potential environmental impact of the project. To the extent possible, the application shall include a listing and description of any environmental assessments or studies being performed on the proposed gas project. The application shall be updated as the status of any environmental assessments changes.
(c) The application shall also have attached a statement, including a signed opinion of legal counsel, showing that a proposed import or export of natural gas is within the corporate powers of the applicant and a copy of all relevant contracts and purchase agreements.
(d) The Assistant Secretary or the Assistant Secretary's delegate may at any time require the applicant and other parties to make supplemental filings of additional information necessary to resolve issues raised by the application.
(e) All information and data filed in support of or against an application will be placed in the official FE docket file of the proceeding and will not be afforded confidential treatment, unless the party shows why the information or data should be exempted from public disclosure and the Assistant Secretary or Assistant Secretary's delegate determines that such information or data shall be afforded confidential treatment. Such determination shall be made in accordance with 10 CFR 1004.11. (54 FR 53531, Dec. 29, 1989; 55 FR 18227, May 1, 1990)
$590.203 Deficient applications.
If an application is incomplete or otherwise deemed deficient, the Assistant Secretary or the Assistant Secretary's delegate may require the applicant to submit additional information or exhibits to remedy the deficiency. If the applicant does not remedy the deficiency within the time specified by the Assistant Secretary or the Assistant Secretary's delegate, the application may be dismissed without prejudice to refiling at another time.
$ 90.204 Amendment or withdrawal of
applications. (a) The applicant may amend or sup plement the application at any time
prior to issuance of the Assistant Sec- cation a description of the terms or retary's final opinion and order resolv- policy positions of that agreement or ing the application, and shall amend or statement to the extent they apply to supplement the application whenever the proceeding, and invite comment. A there are changes in material facts or formal policy agreement or statement conditions upon which the proposal is affecting a particular import or export based.
proceeding that is arrived at after pub(b) The Assistant Secretary may for lication of the notice of application good cause shown by motion of a party shall be placed on the record in that or upon the Assistant Secretary's own proceeding and the parties given an opinitiative decline to act on, in whole or portunity to comment thereon. in part, an amendment or supplement requested by an applicant under para- 90
$590.206 Notice of procedures. graph (a) of this section.
In all proceedings where, following a (c) After written notice to FE and notice of application and the time service upon the parties of that notice specified in the notice for the filing of an applicant may withdraw an applica responses thereto, the Assistant Section. Such withdrawal shall be effec- retary determines to have additional tive thirty (30) days after notice to FE procedures, which may consist of the if the Assistant Secretary does not filing of supplemental written comissue an order to the contrary within ments, written interrogatories or other that time period.
discovery procedures, a conference,
oral presentation, or trial-type hear8590.205 Notice of applications.
ing, the Assistant Secretary shall pro(a) Upon receipt of an application, vide the parties with notice of the prothe FE shall publish a notice of appli- cedures the Assistant Secretary has decation in the FEDERAL REGISTER. The
termined to follow in the proceeding notice shall summarize the proposal.
and advise the parties of their right to Except in emergency circumstances, request any additional procedures in generally the notice shall provide a accordance with the provisions of time limit of not less than thirty (30)
8590.310. The notice of procedures may days from the notice's date of publica- identify and request comments on spetion in the FEDERAL REGISTER for per cific issues of fact, law, or policy relsons to file protests, comments, or a evant to the proceeding and may estabmotion to intervene or notice of inter- lish a time limit for requesting addivention, as applicable. The notice may tional procedures. also request comments on specific issues or matters of fact, law, or policy
8590.207 Filing fees. raised by the application.
A non-refundable filing fee of fifty (b) The notice of application shall ad- dollars ($50) shall accompany each apvise the parties of their right to re- plication filed under $590.201. Checks quest additional procedures, including shall be made payable to "Treasury of
opportunity to file written com the United States." ments and to request that a conference, oral presentation, or trial-type
8590.208 Small volume exports. hearing be convened. Failure to request Any person may export up to 100,000 additional procedures at this time shall cubic feet of natural gas (14.73 pounds be deemed a waiver of any right to ad- per square inch at 60 degrees Fahrditional procedures should the Assist- enheit) or the liquefied or compressed ant Secretary decide to grant the ap equivalent thereof, in a single shipplication and authorize the import or ment for scientific, experimental, or export by issuing a final opinion and other non-utility gas use without prior order in accordance with $590.316.
authorization of the Assistant Sec(c) Where negotiations between the retary. DOE, including FE, and a foreign government have resulted in a formal pol- $590.209 Exchanges by displacement. icy agreement or statement affecting a Any importer of natural gas may particular import or export proceeding, enter into an exchange by displaceFE shall include in the notice of appli- ment agreement without the prior au
the facts and legal authorities relied upon.
(c) Any motion, except for motions seeking intervention or requesting that a conference, oral presentation or trialtype hearing be held, shall be deemed to have been denied, unless the Assistant Secretary or presiding official acts within thirty (30) days after the motion is filed.
thorization of the Assistant Secretary when the net effect of the exchange is no different than under the importer's existing authorization. An exchange by displacement is an arrangement whereby authorized imported volumes are displaced by other gas for purposes of storage or flexibility. The term of the
hange agreement may not exceed five (5) years, the volumes imported may not exceed the importer's existing import authorization, and no actual natural gas may flow across the United States border under the terms of the exchange agreement. Any importer who enters into an exchange agreement pursuant to this section shall file with FE within fifteen (15) days after the start up of the exchange, a written description of the transaction, the exact volume of natural gas to be displaced, the name of the purchaser, and the import authorization under which the exchange is being carried out.
Subpart C-Procedures 8590.301 General.
The procedures of this subpart are applicable to proceedings conducted on all applications or other requested actions filed under this part. The Assist ant Secretary may conduct all aspects of the procedures of this subpart or may designate a presiding official pursuant to 8 590.314. 8590.302 Motions and answers.
(a) Motions for any procedural or interlocutory ruling shall set forth the ruling or relief requested and state the grounds and the statutory or other authority relied upon. All written motions shall comply with the filing requirements of 8590.103. Motions made during conferences, oral presentations or trial-type hearings may be stated orally upon the record, unless the As sistant Secretary or the presiding official determines otherwise.
(b) Any party may file an answer to any written motion within fifteen (15) days after the motion is filed, unless another period of time is established by the Assistant Secretary or the presiding official. Answers shall be in writing and shall detail each material allegation of the motion being answered. Answers shall state clearly and concisely
$590.303 Interventions and answers.
(a) A state commission may intervene in a proceeding under this part as a matter of right and become a party to the proceeding by filing a notice of intervention no later than the date fixed for filing motions to intervene in the applicable FE notice or order. If the period for filing the notice has expired, a state commission may be permitted to intervene by complying with the filing and other requirements ap plicable to any other person seeking to become a party to the proceeding as provided in this section.
(b) Any other person who seeks to become a party to a proceeding shall file a motion to intervene, which sets out clearly and concisely the facts upon which the petitioner's claim of interest is based.
(c) A motion to intervene shall state, to the extent known, the position taken by the movant and the factual and legal basis for such positions in order to advise the parties and the Assistant Secretary as to the specific issues of policy, fact, or law to be raised or controverted.
(d) Motions to intervene may be filed at any time following the filing of an application, but no later than the date fixed for filing such motions or notices in the applicable FE notice or order, unless a later date is permitted by the Assistant Secretary for good cause shown and after considering the impact of granting the late motion of the proceeding. Each motion or notice shall list the names, titles, and mailing addresses of a maximum of two persons for the official service list.
(e) Any party may file an answer to a motion to intervene, but such answer shall be made within fifteen (15) days after the motion to intervene was filed, unless a later date is permitted by the Assistant Secretary for good cause