Notice2023-16271
Change in Control: Cove Point LNG, LP
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 1, 2023
Issuing agencies
Energy Department
Abstract
The Office of Fossil Energy and Carbon Management (FECM) of the Department of Energy (DOE) gives notice of receipt of a Notification in Accordance with Procedures for Changes in Control (Notification) filed by Cove Point LNG, LP (CPLNG) on July 11, 2023. The Notification describes an expected change in CPLNG's upstream ownership. The Notification was filed under the Natural Gas Act (NGA).
Full Text
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<title>Federal Register, Volume 88 Issue 146 (Tuesday, August 1, 2023)</title>
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[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Notices]
[Pages 50134-50135]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16271]
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DEPARTMENT OF ENERGY
[Docket Nos. 11-128-LNG and 22-22-LNG]
Change in Control: Cove Point LNG, LP
AGENCY: Office of Fossil Energy and Carbon Management, Department of
Energy.
ACTION: Notice of change in control.
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SUMMARY: The Office of Fossil Energy and Carbon Management (FECM) of
the Department of Energy (DOE) gives notice of receipt of a
Notification in Accordance with Procedures for Changes in Control
(Notification) filed by Cove Point LNG, LP (CPLNG) on July 11, 2023.
The Notification describes an expected change in CPLNG's upstream
ownership. The Notification was 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 as detailed in the
Public Comment Procedures section no later than 4:30 p.m., Eastern
time, August 16, 2023.
ADDRESSES:
Electronic Filing by email (Strongly encouraged):
<a href="/cdn-cgi/l/email-protection#24424156434557644c550a404b410a434b52"><span class="__cf_email__" data-cfemail="54323126333527143c257a303b317a333b22">[email protected]</span></a>.
Postal Mail, Hand Delivery, or Private Delivery Services (e.g.,
FedEx, UPS, etc.)
U.S. Department of Energy (FE-34), Office of Regulation, Analysis,
and Engagement, Office of Fossil Energy and Carbon Management,
Forrestal Building, Room 3E-056, 1000 Independence Avenue SW,
Washington, DC 20585.
Due to potential delays in DOE's receipt and processing of mail
sent through the U.S. Postal Service, we encourage respondents to
submit filings electronically to ensure timely receipt.
FOR FURTHER INFORMATION CONTACT:
Jennifer Wade or Peri Ulrey, U.S. Department of Energy (FE-34)
Office of Regulation, Analysis, and Engagement, Office of Resource
Sustainability, Office of Fossil Energy and Carbon Management,
Forrestal Building, Room 3E-042, 1000 Independence Avenue SW,
Washington, DC 20585, (202) 586-4749 or (202) 586-7893,
<a href="/cdn-cgi/l/email-protection#9af0fff4f4f3fcffe8b4edfbfeffdaf2ebb4fef5ffb4fdf5ec"><span class="__cf_email__" data-cfemail="caa0afa4a4a3acafb8e4bdabaeaf8aa2bbe4aea5afe4ada5bc">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#18687d6a71366d746a7d61587069367c777d367f776e"><span class="__cf_email__" data-cfemail="29594c5b40075c455b4c50694158074d464c074e465f">[email protected]</span></a>.
Cassandra Bernstein, U.S. Department of Energy (GC-76), Office of
the Assistant General Counsel for Energy Delivery and Resilience,
Forrestal Building, Room 6D-033, 1000 Independence Avenue SW,
Washington, DC 20585, (202) 586-9793, <a href="/cdn-cgi/l/email-protection#f596948686949b918794db9790879b8681909c9bb59d84db919a90db929a83"><span class="__cf_email__" data-cfemail="aac9cbd9d9cbc4ced8cb84c8cfd8c4d9decfc3c4eac2db84cec5cf84cdc5dc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Summary of Change in Control
CPLNG states that, on July 9, 2023, Berkshire Hathaway Energy
Company (BHE), Eastern MLP Holding Company II, LLC (Eastern MLP II),
DECP Holdings, Inc. (DECP Holdings), and Dominion Energy, Inc. (DEI)
entered into a Purchase and Sale Agreement (PSA) affecting CPLNG's
upstream ownership. CPLNG states that it is a Delaware limited
partnership that owns and operates the Cove Point Terminal, located in
Lusby, Maryland, along with an 88-mile natural gas pipeline corridor
connecting the Cove Point Terminal to the interstate pipeline grid.
According to CPLNG, Eastern MLP II, a Virginia limited liability
company, is a wholly owned indirect subsidiary of BHE, which is an Iowa
corporation and a subsidiary of Berkshire Hathaway Inc., a Delaware
corporation, and DECP Holdings, a Virginia corporation, is a wholly
owned indirect subsidiary of DEI, a Virginia corporation. Prior to the
PSA, DECP Holdings held a 50% limited partnership interest in CPLNG,
and Eastern MLP II held a 25% limited partnership interest in CPLNG.
Under the PSA, DECP Holdings would transfer all of its limited
partnership interest in CPLNG to Eastern MLP II. The transaction would
increase Eastern MLP II's limited partnership interest in CPLNG (and
therefore BHE's indirect ownership) from 25% to 75% and would end DEI's
ownership of any interest in CPLNG. CPLNG states that Berkshire
Hathaway Inc. indirectly owns 100% of the general partnership interest
in CPLNG through its wholly owned indirect subsidiary Cove Point GP
Holding Company, LLC, and that the transaction would not affect this
ownership stake. CPLNG further states that ``[t]he parties anticipate
closing the transaction upon receipt of all regulatory approvals.''
Charts illustrating the ownership structure of CPLNG before and
after the PSA are attached to the Notification as Attachments A-1 and
A-2, respectively. Additional details can be found in the Notification,
posted on the DOE website at: <a href="http://www.energy.gov/sites/default/files/2023-07/Final%20BHE%20Cove%20Point%20DOE%20CIC%20Filing%20%287.11.2023%29.pdf">www.energy.gov/sites/default/files/2023-07/Final%20BHE%20Cove%20Point%20DOE%20CIC%20Filing%20%287.11.2023%29.pdf</a>.
DOE Evaluation
DOE will review the Notification in accordance with its Procedures
for Changes in Control Affecting Applications and Authorizations to
Import or Export Natural Gas (CIC Procedures).\1\ Consistent with the
CIC Procedures, this notice addresses CPLNG's existing authorizations
to export liquefied natural gas (LNG) to countries with which the
United States has not entered into a free trade agreement (FTA)
requiring national treatment for trade in natural gas (FTA countries)
and with which trade is not prohibited by United States law or policy
(non-FTA countries), granted in DOE/FE Order No. 3331-A, as amended,
and DOE/FECM Order No. 4849.\2\ If no interested person protests the
change in control and DOE takes no action on its own motion, the
proposed 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
authorizations inconsistent with the public interest.
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\1\ 79 FR 65541 (Nov. 5, 2014).
\2\ CPLNG's Notification also applies to its existing
authorizations to export LNG to FTA countries in Docket No. 11-115-
LNG and to import LNG from various international sources for two
years in Docket No. 22-155-LNG. DOE will respond to those portions
of the filing separately pursuant to the CIC Procedures, 79 FR
65542.
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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 to move to
intervene, protest, and answer CPLNG's Notification.\3\ 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 the Notification. All protests, comments, motions to
intervene, or notices of intervention must meet the requirements
specified by DOE's regulations in 10 CFR part 590, including the
service requirements.
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\3\ Intervention, if granted, would constitute intervention only
in the change in control portion of these proceedings, as described
herein.
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Filings may be submitted using one of the following methods:
(1) Submitting the filing electronically at <a href="/cdn-cgi/l/email-protection#82e4e7f0e5e3f1c2eaf3ace6ede7ace5edf4"><span class="__cf_email__" data-cfemail="43252631242230032b326d272c266d242c35">[email protected]</span></a>;
(2) Mailing the filing to the Office of Regulation, Analysis, and
Engagement at the address listed in the ADDRESSES section; or
(3) Hand delivering the filing to the Office of Regulation,
Analysis, and
[[Page 50135]]
Engagement at the address listed in the ADDRESSES section.
For administrative efficiency, DOE prefers filings to be filed
electronically. All filings must include a reference to ``Docket No.
11-128-LNG'' in the title line, or ``Cove Point LNG, LP Change in
Control'' in the title line.
For electronic submissions: 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.
The Notification, and any filed protests, motions to intervene,
notices of intervention, and comments will be available electronically
on the DOE website at <a href="http://www.energy.gov/fecm/regulation">www.energy.gov/fecm/regulation</a>.
Signed in Washington, DC, on July 27, 2023.
Amy R. Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of
Resource Sustainability.
[FR Doc. 2023-16271 Filed 7-31-23; 8:45 am]
BILLING CODE 6450-01-P
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