[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Notices]
[Pages 44288-44289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15894]
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DEPARTMENT OF ENERGY
[FE Docket Nos. 11-128-LNG, 19-156-LNG]
Change in Control; Dominion Energy Cove Point LNG, LP
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 Notification in Accordance with
Procedures for Changes in Control (Notice) filed by Dominion Energy
Cove Point LNG, LP (DECP) in the above-referenced dockets on July 9,
2020. The Notice describes changes in DECP's ownership. 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, August 6, 2020.
ADDRESSES:
Electronic Filing by email: [email protected]
Regular Mail: U.S. Department of Energy (FE-34), Office of
Regulation, Analysis, and 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,
Analysis, and Engagement, Office of Fossil Energy, Forrestal Building,
Room 3E-042, 1000 Independence Avenue SW, Washington, DC 20585.
FOR FURTHER INFORMATION CONTACT:
Benjamin Nussdorf or Amy Sweeney, U.S. Department of Energy (FE-34)
Office of Regulation, Analysis, and Engagement, Office of Fossil
Energy, Forrestal Building, Room 3E-042, 1000 Independence Avenue SW,
Washington, DC 20585, (202) 586-7893; (202) 586-2627,
[email protected] or [email protected]
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, [email protected]
SUPPLEMENTARY INFORMATION:
Summary of Change in Control
DECP states that 75% of its limited partnership interest is
currently owned by Dominion MLP Holding Company II, LLC (Dominion MLP
Holding), a Virginia limited liability company that is a wholly-owned,
direct subsidiary of Dominion Energy Gas Holdings, LLC, which in turn
is a wholly-owned subsidiary of Dominion Energy, Inc. (DEI). The
remaining 25% of DECP's limited partnership interest is owned by Bowie
Acquisitions LLC, an affiliate of Brookfield Asset Management Inc.
(Brookfield). The general partnership interest in DECP is currently
held by Cove Point GP Holding Company, LLC (Cove Point GP), a Delaware
limited liability company and a wholly-owned,
[[Page 44289]]
direct subsidiary of Dominion MLP Holding.
DECP provides notification of a planned transaction in which
Berkshire Hathaway Energy Company (BHE), an Iowa corporation and a
subsidiary of Berkshire Hathaway Inc. (a Delaware corporation), will
acquire indirect ownership and control of 100% of the general
partnership interests of DECP, as well as 25% of DECP's limited
partnership interests. DECP states that 50% of its limited partnership
interest will continue to be owned directly or indirectly by DEI.
Brookfield will continue to own the remaining 25% of DECP's limited
partnership interest through Bowie Acquisitions LLC.
According to DECP, BHE is acquiring these interests in DECP as part
of a larger transaction, with an enterprise value of approximately $9.7
billion, involving the acquisition by BHE of a number of subsidiaries
of DEI, pursuant to a Purchase and Sale Agreement dated as of July 3,
2020. DECP states that BHE generally will have day-to-day management
and control of DECP. DECP will remain the holder of the export
authorizations.
Additional details can be found in DECP's Notice, posted on the
DOE/FE website at: https://www.energy.gov/sites/prod/files/2020/07/f76/DECP_BHE_DOE_CIC_filing.pdf
DOE/FE Evaluation
DOE/FE will review DECP's Notice 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 DECP's authorizations to export
liquefied natural gas (LNG) to non-free trade agreement (non-FTA)
countries, granted in DOE/FE Order Nos. 3331-A \2\ (FE Docket No. 11-
128-LNG) and 4508 (FE Docket No. 19-156-LNG).\3\ 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
authorization inconsistent with the public interest.
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\1\ 79 FR 65541 (Nov. 5, 2014).
\2\ DOE/FE Order No. 3331 was subsequently amended by DOE/FE
Order Nos. 3331-B and 3331-C.
\3\ DECP's Notice also applies to its existing authorizations to
export LNG to FTA countries and to import natural gas from various
international sources, but DOE/FE will respond to those portions of
the document 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 in order to move to
intervene, protest, and answer DECP's Notice.\4\ 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
DECP's Notice. 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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\4\ 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]; (2) mailing
an original and three paper copies of the filing to the Office of
Regulation, Analysis, and 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, Analysis, and 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 Dominion
Energy Cove Point LNG, LP Change in Control in the title line. 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.
DECP'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, Analysis, and 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.
DECP's 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: https://fossil.energy.gov/ng_regulation/.
Signed in Washington, DC, on July 17, 2020.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of Oil
and Natural Gas.
[FR Doc. 2020-15894 Filed 7-21-20; 8:45 am]
BILLING CODE 6450-01-P