83 FR 11745 - American LNG Marketing, LLC

DEPARTMENT OF ENERGY

Federal Register Volume 83, Issue 52 (March 16, 2018)

The Office of Fossil Energy (FE) of the Department of Energy (DOE) gives notice of receipt of a Notice of Change in Control (Notice) filed January 9, 2018, by American LNG Marketing, LLC (ALM) in the above-referenced dockets. The Notice describes a change in control of Fortress Investment Group LLC (Fortress), the ultimate parent company of ALM. The Notice was filed under section 3 of the Natural Gas Act (NGA).

[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Notices]
[Pages 11745-11746]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05392]


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DEPARTMENT OF ENERGY

[FE Docket Nos. 14-209-LNG, 15-19-LNG, and 16-33-LNG]


American LNG Marketing, LLC

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of change in control.

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SUMMARY: The Office of Fossil Energy (FE) of the Department of Energy 
(DOE) gives notice of receipt of a Notice of Change in Control (Notice) 
filed January 9, 2018, by American LNG Marketing, LLC (ALM) in the 
above-referenced dockets. The Notice describes a change in control of 
Fortress Investment Group LLC (Fortress), the ultimate parent company 
of ALM. The Notice was filed under section 3 of the Natural Gas Act 
(NGA).

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 2, 2018.

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 Amy Sweeney, 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) 586-2627.
    Cassandra Bernstein or Ronald (R.J.) Colwell, 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; (202) 586-8499.

SUPPLEMENTARY INFORMATION: 

Summary of Change in Control

    As noted, ALM filed a Notice of Change in Control in the above-
referenced dockets.\1\ In the Notice, ALM asserts that the change in 
control results from the acquisition of its ultimate parent company, 
Fortress, by an indirect, wholly-owned subsidiary of SoftBank Group 
Corp. (SoftBank). ALM states that SoftBank is a global holding company 
headquartered in Tokyo, Japan.\2\ According to ALM, this acquisition 
was consummated on December 27, 2017 (Transaction). As a result of this 
Transaction, SoftBank--through Fortress--ultimately controls the 
manager of investment funds that indirectly own the equity interests in 
ALM. ALM further states that: (i) The Transaction has no effect on 
ALM's day-to-day management or operation; (ii) ALM retains its current 
form and domicile as a Delaware limited liability company with its 
principal place of business in New York, New York; and (iii) ALM 
continues to be the holder of the DOE/FE authorizations issued in the 
above-referenced dockets.\3\
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    \1\ American LNG Marketing, LLC, FE Docket Nos. 14-209-LNG, 15-
19-LNG, and 16-33-LNG, Notice of Change in Control (Jan. 9, 2018) 
[hereinafter ALM Notice].
    \2\ ALM states that SoftBank holds ownership interests in a wide 
range of telecommunications and technology ventures, including 
broadband, fixed-line and wireless telecommunications, e-commerce, 
technology services, advanced energy technology, finance, and 
semiconductor design. SoftBank conducts its business through various 
subsidiaries and partnerships with companies located in Japan and 
other countries, including the United States. See ALM Notice at 1-2.
    \3\ ALM is advised that its described change in control may also 
require the approval of the Committee on Foreign Investment in the 
United States (CFIUS). DOE expresses no opinion regarding the need 
for review by CFIUS. Additional information may be obtained at: 
http://www.treasury.gov/resource-center/international/Pages/Committee-on-Foreign-Investment-in-US.aspx.
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    Additional details can be found in ALM's Notice, posted on the DOE/
FE website at: https://www.energy.gov/sites/prod/files/2018/01/f46/AmericanLNGMktgCIC01_09_18.pdf (Jan. 9, 2018).

DOE/FE Evaluation

    DOE/FE will review ALM's Notice in accordance with its Procedures 
for Changes in Control Affecting Applications and Authorizations to 
Import or Export Natural Gas (CIC Revised Procedures).\4\ Consistent 
with

[[Page 11746]]

the CIC Revised Procedures, this notice addresses only the 
authorizations granted to ALM to export liquefied natural gas (LNG) to 
non-free trade agreement (non-FTA) countries in DOE/FE Order Nos. 3690 
and 3877 (FE Docket Nos. 14-209-LNG and 16-33-LNG, respectively). If no 
interested person protests the change in control and DOE takes no 
action on its own motion, the change in control 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.
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    \4\ 79 FR 65541 (Nov. 5, 2014).
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Public Comment 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 ALM's Notice. Protests, motions to 
intervene, notices of intervention, and written comments are invited in 
response to this notice only as to the change in control described in 
ALM's Notice, and only with respect to ALM's non-FTA authorizations in 
DOE/FE Order Nos. 3690 and 3877.\5\ All protests, comments, motions to 
intervene, or notices of intervention must meet the requirements 
specified by DOE's regulations in 10 CFR part 590.
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    \5\ Intervention, if granted, would constitute intervention only 
in the change in control portion of this proceeding, as described 
herein.
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    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 American LNG 
Marketing 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 American LNG Marketing 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 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.
    ALM's Notice and any filed protests, motions to intervene, notices 
of intervention, and comments are 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, notices of 
intervention, 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 March 13, 2018.
Robert J. Smith,
Deputy Assistant Secretary for Oil and Natural Gas (Acting), Office of 
Fossil Energy.
[FR Doc. 2018-05392 Filed 3-15-18; 8:45 am]
 BILLING CODE 6450-01-P