83 FR 8861 - Pieridae Energy (USA), Ltd.

DEPARTMENT OF ENERGY

Federal Register Volume 83, Issue 41 (March 1, 2018)

The Office of Fossil Energy (FE) of the Department of Energy (DOE) gives notice of receipt of two related Notices of Change in Control (Notice or, collectively, Notices) filed by Pieridae Energy (USA), Ltd. (Pieridae US) in the above-referenced docket. The first Notice, filed on May 21, 2017, described a planned change in control of Pieridae Energy Limited, the parent company of Pieridae US. In the second Notice, filed on November 1, 2017, Pieridae US confirmed that the planned change in control had occurred. The Notices were filed under the Natural Gas Act (NGA).

[Federal Register Volume 83, Number 41 (Thursday, March 1, 2018)]
[Notices]
[Pages 8861-8863]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04135]


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DEPARTMENT OF ENERGY

[FE Docket No. 14-179-LNG]


Pieridae Energy (USA), Ltd.

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 two related Notices of Change in 
Control (Notice or, collectively, Notices) filed by Pieridae Energy 
(USA), Ltd. (Pieridae US) in the above-referenced docket. The first 
Notice, filed on May 21, 2017, described a planned change in control of 
Pieridae Energy Limited, the parent company of Pieridae US. In the 
second Notice, filed on November 1, 2017, Pieridae US confirmed that 
the planned change in

[[Page 8862]]

control had occurred. The Notices were filed under 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, March 16, 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, 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:

Summary of Change in Control

    As noted, Pieridae US filed two related Notices of Change in 
Control in the above-referenced docket under section 3 of the NGA, 15 
U.S.C. 717b. In the first Notice filed on May 21, 2017,\1\ Pieridae US 
asserted that: (i) It is wholly-owned at all times by Pieridae Energy 
Limited; (ii) on May 15, 2017, Pieridae Energy Limited and 
P[eacute]trolia Inc. (P[eacute]trolia), a Canadian public corporation, 
entered into an agreement which contemplated that, on or before August 
15, 2017, P[eacute]trolia would acquire all of the issued and 
outstanding shares of Pieridae Energy Limited in exchange for shares of 
P[eacute]trolia pursuant to a plan of arrangement effected under 
section 192 of the Canada Business Corporation Act; and (iii) 
immediately thereafter, P[eacute]trolia and Pieridae Energy Limited 
would amalgamate to form a new entity to be named ``Pieridae Energy 
Limited.'' Pieridae US further asserted that completion of the plan of 
arrangement was subject to approval by the shareholders of 
P[eacute]trolia and Pieridae Energy Limited. According to Pieridae US, 
the plan of arrangement, if completed, would result in a ``reverse 
takeover'' of P[eacute]trolia pursuant to which the former shareholders 
of Pieridae Energy Limited would own, collectively, approximately 85% 
of the amalgamated corporation.
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    \1\ Pieridae Energy (USA) Ltd., FE Docket No. 14-179-LNG, Notice 
of Change in Control (May 21, 2017).
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    In the second Notice, filed on November 1, 2017,\2\ Pieridae US 
confirmed that the plan of arrangement and amalgamation described in 
the first Notice became effective on October 24, 2017.\3\
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    \2\ Pieridae Energy (USA) Ltd., FE Docket No. 14-179-LNG, Notice 
of Change in Control (Nov. 1, 2017).
    \3\ Pieridae US 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 the Notices, posted on the DOE/
FE website at: https://energy.gov/sites/prod/files/2017/06/f35/Change%20in%20Control%20-%20Notification%20-%20FE%20Docket%20No.%2014-179-LNG.pdf (May 21, 2017) and https://energy.gov/sites/prod/files/2017/11/f39/CIC14-179-LNG11_01_17.pdf (November 1, 2017).

DOE/FE Evaluation

    DOE/FE will review the two Notices 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 the CIC Revised Procedures, this notice 
addresses only the Pieridae US proceeding in which a final 
authorization has been issued to export LNG to non-free trade agreement 
(non-FTA) countries. The affected proceeding is FE Docket No. 14-179-
LNG. 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 Pieridae US's Notices. 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 Pieridae US's Notices.\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 Pieridae 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 
Pieridae 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.
    The Notices and any filed protests, motions to intervene or notice 
of interventions, 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.,

[[Page 8863]]

Monday through Friday, except Federal holidays.
    The Notices 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 February 23, 2018.
Robert J. Smith,
Deputy Assistant Secretary for Oil and Natural Gas (Acting), Office of 
Fossil Energy.
[FR Doc. 2018-04135 Filed 2-28-18; 8:45 am]
BILLING CODE 6450-01-P