[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
[email protected].
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