81_FR_21922 81 FR 21851 - Cheniere Marketing, LLC & Corpus Christi Liquefaction, LLC, Cheniere Marketing, LLC, Corpus Christi Liquefaction, LLC, Sabine Pass Liquefaction, LLC, Statement Regarding Change in Control

81 FR 21851 - Cheniere Marketing, LLC & Corpus Christi Liquefaction, LLC, Cheniere Marketing, LLC, Corpus Christi Liquefaction, LLC, Sabine Pass Liquefaction, LLC, Statement Regarding Change in Control

DEPARTMENT OF ENERGY

Federal Register Volume 81, Issue 71 (April 13, 2016)

Page Range21851-21853
FR Document2016-08493

The Office of Fossil Energy (FE) of the Department of Energy (DOE) gives notice (Notice) of receipt of a statement regarding change in control, filed January 15, 2016 (Statement), by Cheniere Marketing, LLC (CMI), Corpus Christi Liquefaction, LLC (CCL), and Sabine Pass Liquefaction, LLC (SPL) in the above-referenced dockets. The Statement updates equity ownership information regarding Cheniere Energy, Inc. (Cheniere), a publicly-traded company.

Federal Register, Volume 81 Issue 71 (Wednesday, April 13, 2016)
[Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)]
[Notices]
[Pages 21851-21853]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08493]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY


Cheniere Marketing, LLC & Corpus Christi Liquefaction, LLC, 
Cheniere Marketing, LLC, Corpus Christi Liquefaction, LLC, Sabine Pass 
Liquefaction, LLC, Statement Regarding Change in Control

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of change in control.

-----------------------------------------------------------------------

SUMMARY: The Office of Fossil Energy (FE) of the Department of Energy 
(DOE) gives notice (Notice) of receipt of a statement regarding change 
in control, filed January 15, 2016 (Statement), by Cheniere Marketing, 
LLC (CMI), Corpus Christi Liquefaction, LLC (CCL), and Sabine Pass 
Liquefaction, LLC (SPL) in the above-referenced dockets. The Statement 
updates equity ownership information regarding Cheniere Energy, Inc. 
(Cheniere), a publicly-traded company.

Sabine Pass Liquefaction, LLC  [FE Docket No. 10-111-LNG]
Cheniere Marketing, LLC and    [FE Docket No. 12-97-LNG]
 Corpus Christi Liquefaction,
 LLC.
Sabine Pass Liquefaction, LLC  [FE Docket No. 13-30-LNG]
Sabine Pass Liquefaction, LLC  [FE Docket No. 13-42-LNG]
Sabine Pass Liquefaction, LLC  [FE Docket No. 13-121-LNG]
Cheniere Marketing, LLC,.....  [FE Docket No. 14-31-LNG]
Sabine Pass Liquefaction, LLC  [FE Docket No. 14-92-LNG]
Sabine Pass Liquefaction, LLC  [FE Docket No. 15-63-LNG]
Sabine Pass Liquefaction, LLC  [FE Docket No. 15-171-LNG]
 


DATES: Protests, motions to intervene or notices of intervention, as 
applicable, 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, April 28, 2016.

ADDRESSES: 
    Electronic Filing by email: [email protected]

Regular Mail

    U.S. Department of Energy (FE-34), Office of Regulation and 
International Engagement, 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 Regulation and 
International Engagement, Office of Fossil Energy, Forrestal Building, 
Room 3E-042, 1000 Independence Avenue SW., Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT: 
    Larine Moore or Benjamin Nussdorf, U.S. Department of Energy (FE-
34), Office of Regulation and International Engagement, Office of 
Fossil Energy, Forrestal Building, Room 3E-042, 1000 Independence 
Avenue SW., Washington, DC 20585, (202) 586-9478; (202) 586-7893.
    Edward Myers, U.S. Department of Energy (GC-76), Office of the 
Assistant General Counsel for Electricity and Fossil Energy, Forrestal 
Building, 1000 Independence Avenue SW., Washington, DC 20585, (202) 
586-9793.

SUPPLEMENTARY INFORMATION: CMI is a limited liability company organized 
under the laws of Delaware, and a wholly-owned direct subsidiary of 
Cheniere. CCL is a limited liability company organized under the laws 
of Delaware, and a wholly-owned indirect subsidiary of Cheniere. SPL is 
a limited liability company organized under the laws of Delaware, and a 
wholly-owned indirect subsidiary of Cheniere Energy Partners, L.P. 
(CQP), a publicly-traded limited partnership that is, in turn, an 
indirect subsidiary of Cheniere.
    The Statement refers to numerous proceedings before DOE/FE 
involving exports and imports of LNG and natural gas to and from 
countries with which the United States has entered into a free trade 
agreement requiring national treatment for trade in natural gas (FTA 
countries) and other countries (non-FTA countries). Consistent with the 
revised procedures established by DOE/FE for reviewing changes in 
control (CIC Revised Procedures),\1\ this Notice addresses only those 
Cheniere dockets in which final authorizations have been issued to 
export liquefied natural gas (LNG) to non-FTA countries.\2\ The Table 
in this section identifies the proceedings addressed by this Notice:
---------------------------------------------------------------------------

    \1\ 79 FR 65541 (Nov. 5, 2014).
    \2\ The Statement also identifies multiple other proceedings 
among the Cheniere companies affected by the change in control, 
including proceedings filed under Section 3(c) of the Natural Gas 
Act, 15 U.S.C. 717b(c) for exports to free trade agreement (FTA) 
countries, and proceedings seeking authority for LNG imports. 
Consistent with the Revised CIC Procedures, DOE gives immediate 
effect to these changes. See 79 FR at 65542. These proceedings 
include: FE Docket No. 10-85-LNG (DOE/FE Order 2833), FE Docket No. 
12-99-LNG (DOE/FE Order No. 3164), FE Docket No. 14-31-LNG (DOE/FE 
Order No. 3442), and FE Docket No. 14-186-NG (DOE/FE Order No. 
3578). Among the proceedings identified in the Statement, CCL 
currently has one application pending before DOE/FE in FE Docket No. 
15-97-LNG, in which it is requesting authorization to export LNG to 
non-FTA countries. Consistent with DOE's Revised CIC Procedures, DOE 
gives immediate effect to the amendment of the pending application 
in that docket represented by the change in control described in the 
Statement. Furthermore, DOE will only accept comments in response to 
the Statement in FE Docket No. 15-97-LNG from parties to that 
proceeding. See 79 FR at 65542.

------------------------------------------------------------------------
                                  DOE/FE Order
        FE Docket number             number        Authorization holder
------------------------------------------------------------------------
10-111-LNG.....................          2961-A  Sabine Pass
                                                  Liquefaction, LLC.
12-97-LNG......................            3638  Cheniere Marketing, LLC
                                                  and Corpus Christi
                                                  Liquefaction, LLC.
13-30-LNG......................            3669  Sabine Pass
                                                  Liquefaction, LLC.
13-42-LNG......................            3669  Sabine Pass
                                                  Liquefaction, LLC.
13-121-LNG.....................            3669  Sabine Pass
                                                  Liquefaction, LLC.
14-31-LNG......................            3442  Cheniere Marketing,
                                                  LLC.
15-63-LNG......................            3792  Sabine Pass
                                                  Liquefaction, LLC.

[[Page 21852]]

 
15-171-LNG.....................            3767  Sabine Pass
                                                  Liquefaction, LLC.
------------------------------------------------------------------------

    The Statement asserts the following Carl Icahn-affiliated 
investment vehicles, together with Mr. Icahn individually, beneficially 
own, in the aggregate, approximately 13.8% of Cheniere's issued and 
outstanding common stock: High River Limited Partnership, Hopper 
Investments, LLC, Barberry Corp., Icahn Partners Master Fund LP, Icahn 
Offshore LP, Icahn Onshore LP, Icahn Capital LP, IPH GP LLC, Icahn 
Enterprises Holdings L.P., Icahn Enterprises G.P. Inc., and Beckton 
Corp. (the ``Icahn Companies''). The Icahn Companies' acquisition of 
Cheniere common stock resulted from multiple open-market transactions. 
Cheniere has also appointed to its Board of Directors (``Board''), of 
which there are now eleven members, two individuals who are managing 
directors of Icahn Capital L.P.
    Further, the Statement asserts the following Seth Klarman-
affiliated investment vehicles, together with Mr. Klarman individually, 
beneficially own, in the aggregate, approximately 15.01% of Cheniere's 
issued and outstanding common stock: The Baupost Group, L.L.C. and SAK 
Corporation (the ``Klarman Companies''). The Klarman Companies' 
acquisition of Cheniere common stock resulted from multiple open-market 
transactions on behalf of various private investment limited 
partnerships for which The Baupost Group, L.L.C. acts as an investment 
adviser and general partner.
    The Statement recognizes that the ownership interests acquired by 
the Icahn Companies' and the Klarman Companies' in Cheniere's common 
stock may trigger the 10% rebuttable presumption of a change in control 
for CCL and CMI. However, the Statement asserts that the presumption is 
rebutted as to CCL and CMI because (1) there has been no change in 
ownership of CCL or CMI, and one or both of them will remain the 
holder(s) of their respective authorizations and, in the case of CCL, 
the applicant in Docket No. 15-97-LNG; (2) there has been no change in 
operation or manner in which CCL and CMI are managed; and (3) the 
transactions described in the Statement did not grant the Icahn 
Companies or the Klarman Companies the power to direct the management 
or policies of CCL or CMI, or provide a veto right over other 
shareholders.
    With respect to SPL, the Statement asserts that the Icahn 
Companies' and the Klarman Companies' transactions do not trigger the 
10% rebuttable presumption because the indirect ownership stakes of the 
Icahn Companies and the Klarman Companies in SPL do not equate to 10% 
or more of the outstanding voting securities for SPL. Additionally, the 
Statement asserts that even were DOE to determine that the 10% 
threshold had been reached, the presumption is rebutted because (1) 
there has been no change in ownership of SPL and it will remain the 
holder of its current authorizations and the applicant in Docket No. 
15-63-LNG; (2) there has been no change in the operation or manner in 
which SPL is managed or the terms of its associated export operations; 
and (3) neither the Icahn Companies or the Klarman Companies have 
acquired the power to direct the management or policies of SPL or a 
veto right over other shareholders.
    Additional details can be found in the Statement, posted on the 
DOE/FE Web site at: http://www.fossil.energy.gov/programs/gasregulation/authorizations/2012_applications/CCL-CMI_and_SPL_Equity_Ownership_Change0.pdf.
    DOE/FE will review the Statement in accordance with its Procedures 
for Changes in Control Affecting Applications and Authorizations to 
Import or Export Natural Gas (CIC Procedures). Pursuant to the Revised 
CIC Procedures, DOE/FE will (1) give immediate effect to the amendment 
of pending applications for non-FTA export authorizations and 
modifications of previously issued non-FTA export authorizations, but 
will accept and consider answers to these amendments and modifications 
in response to this Notice before taking further action; and (2) give 
immediate effect to the modification of pending applications for FTA 
export authorizations, pending applications for natural gas import 
authorizations, previously issued FTA export authorizations, and 
previously issued natural gas import authorizations, but no further 
action will be taken as to these proceedings.
    Protests, motions to intervene, notices of intervention, and 
written comments are invited in response to this Notice only as to the 
amendment of previously issued non-FTA export authorizations, as 
described. See also, n.2, supra.

DOE/FE Evaluation

    DOE will give effect to the change in control in accordance with 
its CIC procedures. Interested persons will be provided 15 days from 
the date of publication of this Notice in the Federal Register in order 
to move to intervene, protest, and answer the statement of change in 
control. If no interested person protests the change in control and DOE 
takes no action on its own motion, the amendment will be deemed granted 
30 days after publication in the Federal Register. If one or more 
protests are submitted, DOE will review any motions to intervene, 
protests, and answers, and will issue a determination as to whether the 
proposed change in control has been demonstrated to render the 
underlying authorization inconsistent with the public interest.

Public Comment Procedures

    In response to this Notice, interested persons will be provided 15 
days from the date of publication of this Notice in order to move to 
intervene, protest, and answer the statement of change in control. All 
protests, comments, motions to intervene, or notices of intervention 
must meet the requirements specified by DOE's regulations in 10 CFR 
part 590.
    Filings may be submitted using one of the following methods: (1) 
Preferred method: emailing the filing to [email protected], with the 
individual FE Docket Number(s) in the title line, or Cheniere Change in 
Control in the title line to include all applicable dockets in this 
Notice; (2) mailing an original and three paper copies of the filing to 
the Office of Regulation and International Engagement at the address 
listed in ADDRESSES; or (3) hand delivering an original and three paper 
copies of the filing to the Office of Regulation and International 
Engagement at the address listed in ADDRESSES. All filings must include 
a reference to the individual FE Docket Number(s) in the title line, or 
Cheniere Change in Control in the title line to include all applicable 
dockets in this Notice. Please Note: If submitting a filing via email, 
please include all related documents and attachments (e.g., exhibits) 
in the original email correspondence. Please do not include any active 
hyperlinks or password protection in any of the documents or 
attachments related to the filing. All electronic filings submitted to 
DOE

[[Page 21853]]

must follow these guidelines to ensure that all documents are filed in 
a timely manner. Any hardcopy filing submitted greater in length than 
50 pages must also include, at the time of the filing, a digital copy 
on disk of the entire submission.
    Additional procedures will be used as necessary to achieve a 
complete understanding of the facts and issues. If an additional 
procedure is scheduled, notice will be provided to all parties. If no 
party requests additional procedures, a final order may be issued based 
on the official record in accordance with 10 CFR 590.316.
    The Notice is available for inspection and copying in the Office of 
Regulation and International Engagement docket room, 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 Notice 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 April 8, 2016.
John A. Anderson,
Director, Office of Regulation and International Engagement, Office of 
Oil and Natural Gas.
[FR Doc. 2016-08493 Filed 4-12-16; 8:45 am]
 BILLING CODE 6450-01-P



                                                                                         Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Notices                                                                              21851

                                                      Person To Contact for Information:                                  DEPARTMENT OF ENERGY                                                   SUMMARY:   The Office of Fossil Energy
                                                    Bryan Whitener, Telephone: (301) 563–                                                                                                        (FE) of the Department of Energy (DOE)
                                                    3961.                                                                 Cheniere Marketing, LLC & Corpus                                       gives notice (Notice) of receipt of a
                                                                                                                          Christi Liquefaction, LLC, Cheniere                                    statement regarding change in control,
                                                    Bryan Whitener,                                                       Marketing, LLC, Corpus Christi                                         filed January 15, 2016 (Statement), by
                                                    Director of Communications and                                        Liquefaction, LLC, Sabine Pass                                         Cheniere Marketing, LLC (CMI), Corpus
                                                    Clearinghouse, U.S. Election Assistance                               Liquefaction, LLC, Statement                                           Christi Liquefaction, LLC (CCL), and
                                                    Commission.                                                                                                                                  Sabine Pass Liquefaction, LLC (SPL) in
                                                                                                                          Regarding Change in Control
                                                    [FR Doc. 2016–08402 Filed 4–12–16; 8:45 am]                                                                                                  the above-referenced dockets. The
                                                    BILLING CODE 6820–KF–P                                                AGENCY:        Office of Fossil Energy, DOE.                           Statement updates equity ownership
                                                                                                                                                                                                 information regarding Cheniere Energy,
                                                                                                                          ACTION:      Notice of change in control.                              Inc. (Cheniere), a publicly-traded
                                                                                                                                                                                                 company.

                                                    Sabine Pass Liquefaction, LLC .............................................................................................................................     [FE   Docket   No.   10–111–LNG]
                                                    Cheniere Marketing, LLC and Corpus Christi Liquefaction, LLC ......................................................................                             [FE   Docket   No.   12–97–LNG]
                                                    Sabine Pass Liquefaction, LLC .............................................................................................................................     [FE   Docket   No.   13–30–LNG]
                                                    Sabine Pass Liquefaction, LLC .............................................................................................................................     [FE   Docket   No.   13–42–LNG]
                                                    Sabine Pass Liquefaction, LLC .............................................................................................................................     [FE   Docket   No.   13–121–LNG]
                                                    Cheniere Marketing, LLC, ....................................................................................................................................   [FE   Docket   No.   14–31–LNG]
                                                    Sabine Pass Liquefaction, LLC .............................................................................................................................     [FE   Docket   No.   14–92–LNG]
                                                    Sabine Pass Liquefaction, LLC .............................................................................................................................     [FE   Docket   No.   15–63–LNG]
                                                    Sabine Pass Liquefaction, LLC .............................................................................................................................     [FE   Docket   No.   15–171–LNG]


                                                    DATES: Protests, motions to intervene or                              Independence Avenue SW.,                                               liability company organized under the
                                                    notices of intervention, as applicable,                               Washington, DC 20585.                                                  laws of Delaware, and a wholly-owned
                                                    and written comments are to be filed                                  FOR FURTHER INFORMATION CONTACT:                                       indirect subsidiary of Cheniere Energy
                                                    using procedures detailed in the Public                                 Larine Moore or Benjamin Nussdorf,                                   Partners, L.P. (CQP), a publicly-traded
                                                    Comment Procedures section no later                                   U.S. Department of Energy (FE–34),                                     limited partnership that is, in turn, an
                                                    than 4:30 p.m., Eastern time, April 28,                               Office of Regulation and International                                 indirect subsidiary of Cheniere.
                                                    2016.                                                                 Engagement, Office of Fossil Energy,
                                                                                                                                                                                                    The Statement refers to numerous
                                                                                                                          Forrestal Building, Room 3E–042, 1000
                                                    ADDRESSES:                                                                                                                                   proceedings before DOE/FE involving
                                                                                                                          Independence Avenue SW.,
                                                      Electronic Filing by email:                                         Washington, DC 20585, (202) 586–9478;                                  exports and imports of LNG and natural
                                                    fergas@hq.doe.gov                                                     (202) 586–7893.                                                        gas to and from countries with which
                                                                                                                            Edward Myers, U.S. Department of                                     the United States has entered into a free
                                                    Regular Mail                                                                                                                                 trade agreement requiring national
                                                                                                                          Energy (GC–76), Office of the Assistant
                                                      U.S. Department of Energy (FE–34),                                  General Counsel for Electricity and                                    treatment for trade in natural gas (FTA
                                                    Office of Regulation and International                                Fossil Energy, Forrestal Building, 1000                                countries) and other countries (non-FTA
                                                    Engagement, Office of Fossil Energy,                                  Independence Avenue SW.,                                               countries). Consistent with the revised
                                                    P.O. Box 44375, Washington, DC 20026–                                 Washington, DC 20585, (202) 586–9793.                                  procedures established by DOE/FE for
                                                    4375.                                                                 SUPPLEMENTARY INFORMATION: CMI is a                                    reviewing changes in control (CIC
                                                                                                                          limited liability company organized                                    Revised Procedures),1 this Notice
                                                    Hand Delivery or Private Delivery
                                                                                                                          under the laws of Delaware, and a                                      addresses only those Cheniere dockets
                                                    Services (e.g., FedEx, UPS, etc.)
                                                                                                                          wholly-owned direct subsidiary of                                      in which final authorizations have been
                                                      U.S. Department of Energy (FE–34),                                  Cheniere. CCL is a limited liability                                   issued to export liquefied natural gas
                                                    Office of Regulation and International                                company organized under the laws of                                    (LNG) to non-FTA countries.2 The Table
                                                    Engagement, Office of Fossil Energy,                                  Delaware, and a wholly-owned indirect                                  in this section identifies the proceedings
                                                    Forrestal Building, Room 3E–042, 1000                                 subsidiary of Cheniere. SPL is a limited                               addressed by this Notice:

                                                                                                                   DOE/FE Order
                                                                    FE Docket number                                                                                                      Authorization holder
                                                                                                                     number

                                                    10–111–LNG .............................................                 2961–A         Sabine Pass Liquefaction, LLC.
                                                    12–97–LNG ...............................................                  3638         Cheniere Marketing, LLC and Corpus Christi Liquefaction, LLC.
                                                    13–30–LNG ...............................................                  3669         Sabine Pass Liquefaction, LLC.
                                                    13–42–LNG ...............................................                  3669         Sabine Pass Liquefaction, LLC.
                                                    13–121–LNG .............................................                   3669         Sabine Pass Liquefaction, LLC.
                                                    14–31–LNG ...............................................                  3442         Cheniere Marketing, LLC.
                                                    15–63–LNG ...............................................                  3792         Sabine Pass Liquefaction, LLC.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                      1 79 FR 65541 (Nov. 5, 2014).                                       effect to these changes. See 79 FR at 65542. These                     requesting authorization to export LNG to non-FTA
                                                      2 The Statement also identifies multiple other                      proceedings include: FE Docket No. 10–85–LNG                           countries. Consistent with DOE’s Revised CIC
                                                    proceedings among the Cheniere companies                              (DOE/FE Order 2833), FE Docket No. 12–99–LNG                           Procedures, DOE gives immediate effect to the
                                                    affected by the change in control, including                          (DOE/FE Order No. 3164), FE Docket No. 14–31–                          amendment of the pending application in that
                                                    proceedings filed under Section 3(c) of the Natural                   LNG (DOE/FE Order No. 3442), and FE Docket No.                         docket represented by the change in control
                                                    Gas Act, 15 U.S.C. 717b(c) for exports to free trade                  14–186–NG (DOE/FE Order No. 3578). Among the                           described in the Statement. Furthermore, DOE will
                                                    agreement (FTA) countries, and proceedings                            proceedings identified in the Statement, CCL                           only accept comments in response to the Statement
                                                    seeking authority for LNG imports. Consistent with                    currently has one application pending before DOE/                      in FE Docket No. 15–97–LNG from parties to that
                                                    the Revised CIC Procedures, DOE gives immediate                       FE in FE Docket No. 15–97–LNG, in which it is                          proceeding. See 79 FR at 65542.



                                               VerDate Sep<11>2014       17:41 Apr 12, 2016       Jkt 238001      PO 00000      Frm 00016       Fmt 4703     Sfmt 4703      E:\FR\FM\13APN1.SGM            13APN1


                                                    21852                             Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Notices

                                                                                                               DOE/FE Order
                                                                   FE Docket number                                                                                   Authorization holder
                                                                                                                 number

                                                    15–171–LNG .............................................              3767    Sabine Pass Liquefaction, LLC.



                                                       The Statement asserts the following                          the Klarman Companies’ transactions do                 DOE/FE Evaluation
                                                    Carl Icahn-affiliated investment                                not trigger the 10% rebuttable                           DOE will give effect to the change in
                                                    vehicles, together with Mr. Icahn                               presumption because the indirect                       control in accordance with its CIC
                                                    individually, beneficially own, in the                          ownership stakes of the Icahn                          procedures. Interested persons will be
                                                    aggregate, approximately 13.8% of                               Companies and the Klarman Companies                    provided 15 days from the date of
                                                    Cheniere’s issued and outstanding                               in SPL do not equate to 10% or more of                 publication of this Notice in the Federal
                                                    common stock: High River Limited                                the outstanding voting securities for                  Register in order to move to intervene,
                                                    Partnership, Hopper Investments, LLC,                           SPL. Additionally, the Statement asserts               protest, and answer the statement of
                                                    Barberry Corp., Icahn Partners Master                           that even were DOE to determine that                   change in control. If no interested
                                                    Fund LP, Icahn Offshore LP, Icahn                               the 10% threshold had been reached,                    person protests the change in control
                                                    Onshore LP, Icahn Capital LP, IPH GP                            the presumption is rebutted because (1)                and DOE takes no action on its own
                                                    LLC, Icahn Enterprises Holdings L.P.,                           there has been no change in ownership                  motion, the amendment will be deemed
                                                    Icahn Enterprises G.P. Inc., and Beckton
                                                                                                                    of SPL and it will remain the holder of                granted 30 days after publication in the
                                                    Corp. (the ‘‘Icahn Companies’’). The
                                                                                                                    its current authorizations and the                     Federal Register. If one or more protests
                                                    Icahn Companies’ acquisition of
                                                                                                                    applicant in Docket No. 15–63–LNG; (2)                 are submitted, DOE will review any
                                                    Cheniere common stock resulted from
                                                                                                                    there has been no change in the                        motions to intervene, protests, and
                                                    multiple open-market transactions.
                                                                                                                    operation or manner in which SPL is                    answers, and will issue a determination
                                                    Cheniere has also appointed to its Board
                                                                                                                    managed or the terms of its associated                 as to whether the proposed change in
                                                    of Directors (‘‘Board’’), of which there
                                                                                                                    export operations; and (3) neither the                 control has been demonstrated to render
                                                    are now eleven members, two
                                                                                                                    Icahn Companies or the Klarman                         the underlying authorization
                                                    individuals who are managing directors
                                                    of Icahn Capital L.P.                                           Companies have acquired the power to                   inconsistent with the public interest.
                                                       Further, the Statement asserts the                           direct the management or policies of                   Public Comment Procedures
                                                    following Seth Klarman-affiliated                               SPL or a veto right over other
                                                                                                                    shareholders.                                             In response to this Notice, interested
                                                    investment vehicles, together with Mr.
                                                                                                                                                                           persons will be provided 15 days from
                                                    Klarman individually, beneficially own,                            Additional details can be found in the              the date of publication of this Notice in
                                                    in the aggregate, approximately 15.01%                          Statement, posted on the DOE/FE Web                    order to move to intervene, protest, and
                                                    of Cheniere’s issued and outstanding                            site at: http://www.fossil.energy.gov/
                                                    common stock: The Baupost Group,                                                                                       answer the statement of change in
                                                                                                                    programs/gasregulation/authorizations/                 control. All protests, comments,
                                                    L.L.C. and SAK Corporation (the                                 2012_applications/CCL-CMI_and_SPL_
                                                    ‘‘Klarman Companies’’). The Klarman                                                                                    motions to intervene, or notices of
                                                                                                                    Equity_Ownership_Change0.pdf.                          intervention must meet the
                                                    Companies’ acquisition of Cheniere
                                                    common stock resulted from multiple                                DOE/FE will review the Statement in                 requirements specified by DOE’s
                                                    open-market transactions on behalf of                           accordance with its Procedures for                     regulations in 10 CFR part 590.
                                                    various private investment limited                              Changes in Control Affecting                              Filings may be submitted using one of
                                                    partnerships for which The Baupost                              Applications and Authorizations to                     the following methods: (1) Preferred
                                                    Group, L.L.C. acts as an investment                             Import or Export Natural Gas (CIC                      method: emailing the filing to
                                                    adviser and general partner.                                    Procedures). Pursuant to the Revised                   fergas@hq.doe.gov, with the individual
                                                       The Statement recognizes that the                            CIC Procedures, DOE/FE will (1) give                   FE Docket Number(s) in the title line, or
                                                    ownership interests acquired by the                             immediate effect to the amendment of                   Cheniere Change in Control in the title
                                                    Icahn Companies’ and the Klarman                                pending applications for non-FTA                       line to include all applicable dockets in
                                                    Companies’ in Cheniere’s common stock                           export authorizations and modifications                this Notice; (2) mailing an original and
                                                    may trigger the 10% rebuttable                                  of previously issued non-FTA export                    three paper copies of the filing to the
                                                    presumption of a change in control for                          authorizations, but will accept and                    Office of Regulation and International
                                                    CCL and CMI. However, the Statement                             consider answers to these amendments                   Engagement at the address listed in
                                                    asserts that the presumption is rebutted                        and modifications in response to this                  ADDRESSES; or (3) hand delivering an
                                                    as to CCL and CMI because (1) there has                         Notice before taking further action; and               original and three paper copies of the
                                                    been no change in ownership of CCL or                           (2) give immediate effect to the                       filing to the Office of Regulation and
                                                    CMI, and one or both of them will                               modification of pending applications for               International Engagement at the address
                                                    remain the holder(s) of their respective                        FTA export authorizations, pending                     listed in ADDRESSES. All filings must
                                                    authorizations and, in the case of CCL,                                                                                include a reference to the individual FE
                                                                                                                    applications for natural gas import
                                                    the applicant in Docket No. 15–97–LNG;                                                                                 Docket Number(s) in the title line, or
                                                                                                                    authorizations, previously issued FTA
                                                    (2) there has been no change in                                                                                        Cheniere Change in Control in the title
                                                                                                                    export authorizations, and previously
                                                    operation or manner in which CCL and                                                                                   line to include all applicable dockets in
                                                                                                                    issued natural gas import
                                                                                                                                                                           this Notice. Please Note: If submitting a
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                                                    CMI are managed; and (3) the                                    authorizations, but no further action
                                                    transactions described in the Statement                                                                                filing via email, please include all
                                                                                                                    will be taken as to these proceedings.                 related documents and attachments
                                                    did not grant the Icahn Companies or
                                                    the Klarman Companies the power to                                 Protests, motions to intervene, notices             (e.g., exhibits) in the original email
                                                    direct the management or policies of                            of intervention, and written comments                  correspondence. Please do not include
                                                    CCL or CMI, or provide a veto right over                        are invited in response to this Notice                 any active hyperlinks or password
                                                    other shareholders.                                             only as to the amendment of previously                 protection in any of the documents or
                                                       With respect to SPL, the Statement                           issued non-FTA export authorizations,                  attachments related to the filing. All
                                                    asserts that the Icahn Companies’ and                           as described. See also, n.2, supra.                    electronic filings submitted to DOE


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                                                                                 Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Notices                                           21853

                                                    must follow these guidelines to ensure                     Filed Date: 3/30/16.                                  Description: § 4(d) Rate Filing: Wacker
                                                    that all documents are filed in a timely                   Accession Number: 20160330–5245.                   Release to Twin Eagle to be effective 4/
                                                    manner. Any hardcopy filing submitted                      Comments Due: 5 p.m. ET 4/11/16.                   1/2016.
                                                    greater in length than 50 pages must                       Docket Numbers: RP16–757–000.                         Filed Date: 3/31/16.
                                                    also include, at the time of the filing, a                 Applicants: Trans-Union Interstate                    Accession Number: 20160331–5061.
                                                    digital copy on disk of the entire                      Pipeline, L.P.                                           Comments Due: 5 p.m. ET 4/12/16.
                                                    submission.                                                Description: § 4(d) Rate Filing:                      Docket Numbers: RP16–765–000.
                                                       Additional procedures will be used as                Negotiated Rate Filing to be effective 5/                Applicants: Pine Needle LNG
                                                    necessary to achieve a complete                         1/2016.                                               Company, LLC.
                                                    understanding of the facts and issues. If                  Filed Date: 3/30/16.                                  Description: § 4(d) Rate Filing: 2016
                                                    an additional procedure is scheduled,                      Accession Number: 20160330–5246.                   Annual Fuel and Electric Power Tracker
                                                    notice will be provided to all parties. If                 Comments Due: 5 p.m. ET 4/11/16.                   Filing to be effective 5/1/2016.
                                                    no party requests additional procedures,                   Docket Numbers: RP16–758–000.                         Filed Date: 3/31/16.
                                                    a final order may be issued based on the                   Applicants: Natural Gas Pipeline                      Accession Number: 20160331–5067.
                                                    official record in accordance with 10                   Company of America.                                      Comments Due: 5 p.m. ET 4/12/16.
                                                    CFR 590.316.                                               Description: Penalty Revenue
                                                       The Notice is available for inspection                                                                        Docket Numbers: RP16–766–000.
                                                                                                            Crediting Report of Natural Gas Pipeline                 Applicants: TC Offshore LLC.
                                                    and copying in the Office of Regulation                 Company of America LLC.
                                                    and International Engagement docket                                                                              Description: Transporter’s Use Report
                                                                                                               Filed Date: 3/30/16.                               of TC Offshore LLC.
                                                    room, Room 3E–042, 1000                                    Accession Number: 20160330–5270.                      Filed Date: 3/31/16.
                                                    Independence Avenue SW.,                                   Comments Due: 5 p.m. ET 4/11/16.                      Accession Number: 20160331–5080.
                                                    Washington, DC, 20585. The docket                          Docket Numbers: RP16–759–000.                         Comments Due: 5 p.m. ET 4/12/16.
                                                    room is open between the hours of 8:00                     Applicants: El Paso Natural Gas
                                                    a.m. and 4:30 p.m., Monday through                                                                               Docket Numbers: RP16–767–000.
                                                                                                            Company, L.L.C.                                          Applicants: Bison Pipeline LLC.
                                                    Friday, except Federal holidays.                           Description: Request for Waiver and
                                                       The Notice and any filed protests,                                                                            Description: Company Use Gas
                                                                                                            Extensions of El Paso Natural Gas                     Annual Report of Bison Pipeline LLC.
                                                    motions to intervene or notice of                       Company, L.L.C.
                                                    interventions, and comments will also                                                                            Filed Date: 3/31/16.
                                                                                                               Filed Date: 3/30/16.                                  Accession Number: 20160331–5081.
                                                    be available electronically by going to                    Accession Number: 20160330–5277.
                                                    the following DOE/FE Web address:                                                                                Comments Due: 5 p.m. ET 4/12/16.
                                                                                                               Comments Due: 5 p.m. ET 4/11/16.
                                                    http://www.fe.doe.gov/programs/                                                                                  Docket Numbers: RP16–768–000.
                                                                                                               Docket Numbers: RP16–760–000.                         Applicants: Panhandle Eastern Pipe
                                                    gasregulation/index.html.
                                                                                                               Applicants: Equitrans, L.P.                        Line Company, LP.
                                                      Issued in Washington, DC, on April 8,                    Description: § 4(d) Rate Filing:
                                                    2016.                                                                                                            Description: Compliance filing Flow
                                                                                                            Negotiated Rate Service Agreement—BP
                                                    John A. Anderson,                                                                                             Through of Cash Out Revenues filed on
                                                                                                            effective 4/1/2016 to be effective 4/1/
                                                    Director, Office of Regulation and
                                                                                                                                                                  3–31–16 to be effective 5/1/2016.
                                                                                                            2016.
                                                    International Engagement, Office of Oil and                                                                      Filed Date: 3/31/16.
                                                                                                               Filed Date: 3/31/16.
                                                    Natural Gas.                                                                                                     Accession Number: 20160331–5085.
                                                                                                               Accession Number: 20160331–5009.
                                                                                                                                                                     Comments Due: 5 p.m. ET 4/12/16.
                                                    [FR Doc. 2016–08493 Filed 4–12–16; 8:45 am]                Comments Due: 5 p.m. ET 4/12/16.
                                                                                                                                                                     Docket Numbers: RP16–769–000.
                                                    BILLING CODE 6450–01–P                                     Docket Numbers: RP16–761–000.
                                                                                                               Applicants: Texas Eastern                             Applicants: Panhandle Eastern Pipe
                                                                                                            Transmission, LP                                      Line Company, LP.
                                                    DEPARTMENT OF ENERGY                                       Description: § 4(d) Rate Filing:                      Description: Compliance filing Flow
                                                                                                            Negotiated Rates—Apr2016 Chevron                      Through of Penalty Revenues Report
                                                    Federal Energy Regulatory                                                                                     filed on 3–31–16.
                                                    Commission                                              TEAM 2014 Releases to be effective 4/
                                                                                                            1/2016.                                                  Filed Date: 3/31/16.
                                                                                                               Filed Date: 3/31/16.                                  Accession Number: 20160331–5088.
                                                    Combined Notice of Filings                                                                                       Comments Due: 5 p.m. ET 4/12/16.
                                                                                                               Accession Number: 20160331–5010.
                                                      Take notice that the Commission has                      Comments Due: 5 p.m. ET 4/12/16.                      Docket Numbers: RP16–770–000.
                                                    received the following Natural Gas                         Docket Numbers: RP16–762–000.                         Applicants: Columbia Gas
                                                    Pipeline Rate and Refund Report filings:                   Applicants: Northern Border Pipeline               Transmission, LLC.
                                                                                                            Company.                                                 Description: § 4(d) Rate Filing:
                                                    Filings Instituting Proceedings
                                                                                                               Description: § 4(d) Rate Filing:                   OTRA—Summer 2016 to be effective 5/
                                                      Docket Numbers: RP16–755–000.                                                                               1/2016.
                                                      Applicants: Transcontinental Gas                      Compressor Usage Surcharge 2016 to be
                                                                                                            effective 5/1/2016.                                      Filed Date: 3/31/16.
                                                    Pipe Line Company.                                                                                               Accession Number: 20160331–5095.
                                                      Description: § 4(d) Rate Filing:                         Filed Date: 3/31/16.
                                                                                                               Accession Number: 20160331–5012.                      Comments Due: 5 p.m. ET 4/12/16.
                                                    Negotiated Rates—Cherokee AGL—
                                                                                                               Comments Due: 5 p.m. ET 4/12/16.                      Docket Numbers: RP16–771–000.
                                                    Replacement Shippers—Apr 2016 to be
                                                                                                               Docket Numbers: RP16–763–000.                         Applicants: Hardy Storage Company,
                                                    effective 4/1/2016.
                                                                                                               Applicants: ANR Pipeline Company.                  LLC.
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                                                      Filed Date: 3/30/16.
                                                      Accession Number: 20160330–5000.                         Description: § 4(d) Rate Filing: DTCA                 Description: § 4(d) Rate Filing: RAM
                                                      Comments Due: 5 p.m. ET 4/11/16.                      2016 to be effective 5/1/2016.                        2016 to be effective 5/1/2016.
                                                      Docket Numbers: RP16–756–000.                            Filed Date: 3/31/16.                                  Filed Date: 3/31/16.
                                                      Applicants: Natural Gas Pipeline                         Accession Number: 20160331–5057.                      Accession Number: 20160331–5104.
                                                    Company of America.                                        Comments Due: 5 p.m. ET 4/12/16.                      Comments Due: 5 p.m. ET 4/12/16.
                                                      Description: § 4(d) Rate Filing: Service                 Docket Numbers: RP16–764–000.                         Docket Numbers: RP16–772–000.
                                                    Agreement Exhibit B to be effective 5/                     Applicants: East Tennessee Natural                    Applicants: Algonquin Gas
                                                    1/2016.                                                 Gas, LLC.                                             Transmission, LLC.


                                               VerDate Sep<11>2014   17:41 Apr 12, 2016   Jkt 238001   PO 00000   Frm 00018   Fmt 4703   Sfmt 4703   E:\FR\FM\13APN1.SGM   13APN1



Document Created: 2016-04-13 03:10:33
Document Modified: 2016-04-13 03:10:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of change in control.
DatesProtests, motions to intervene or notices of intervention, as applicable, 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, April 28, 2016.
ContactLarine Moore or Benjamin Nussdorf, U.S. Department of Energy (FE- 34), Office of Regulation and International Engagement, Office of Fossil Energy, Forrestal Building, Room 3E-042, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-9478; (202) 586-7893.
FR Citation81 FR 21851 

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