CXY ENERGY MARKETING (U.S.A.) INC.
FE DOCKET NO. 98-82-NG
ORDER GRANTING BLANKET AUTHORIZATION
TO IMPORT AND EXPORT NATURAL GAS
FROM AND TO CANADA AND MEXICO
DOE/FE ORDER NO. 1431
OCTOBER 30, 1998
I. DESCRIPTION OF REQUEST
On October 27, 1998, CXY Energy Marketing (U.S.A.) Inc. (CXY) filed an application with the Office of Fossil Energy of the Department of Energy (DOE), under section 3 of the Natural Gas Act (NGA),(1) and DOE Delegation Order Nos. 0204-111 and 0204-127, requesting blanket authorization to import and export natural gas from and to Canada and Mexico. CXY, a Delaware corporation with its principal place of business in Calgary, Alberta, Canada, proposes to import and export up to an aggregate of 200 billion cubic feet (Bcf) of natural gas from and to Canada and Mexico. The term of the authorization would be for a period of two years beginning on January 1, 1999, through December 31, 2000.(2) This gas would be imported and exported under short-term and spot market transactions either on CXY's own behalf or as the agent for others. The requested authorization does not involve the construction of new pipeline facilities.
The application filed by CXY has been evaluated to determine if the proposed import and export arrangement meets the public interest requirement of section 3 of the NGA, as amended by section 201 of the Energy Policy Act of 1992 (Pub. L. 102-486). Under section 3(c), the import or export of natural gas from or to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas is deemed to be consistent with the public interest and must be granted without modification or delay. The authorization sought by CXY to import and export natural gas from and to Canada and Mexico, nations with which free trade agreements are in effect, meets the section 3(c) criterion and, therefore, is consistent with the public interest. This blanket order authorizes transactions under contracts with terms of no longer than two years.
Pursuant to section 3 of the Natural Gas Act, it is ordered that:
A. CXY Energy Marketing (U.S.A.) Inc. (CXY) is authorized to import and export up to an aggregate of 200 Bcf of natural gas from and to Canada and Mexico. The term of this authorization is for a period of two years beginning on January 1, 1999, through December 31, 2000. This natural gas may be imported or exported at any point on the borders between the United States and Canada, and between the United States and Mexico.
B. With respect to the imports and exports authorized by this Order, CXY shall file with the Office of Natural Gas & Petroleum Import and Export Activities, within 30 days following each calendar quarter, quarterly reports indicating whether imports or exports of natural gas have been made. Quarterly reports must be filed whether or not initial deliveries have begun. If no imports or exports have been made, a report of "no activity" for that calendar quarter must be filed. If imports or exports have occurred, CXY must report the following: (1) total monthly volumes in Mcf; (2) the average monthly price of gas per MMBtu at the international border; (3) the name of the seller(s); (4) the name of the purchaser(s); (5) the estimated or actual duration of the agreement(s); (6) the name of the U.S. transporter(s); (7) the point(s) of entry or exit; and (8) the geographic market(s) served (for imports, by State). For import transactions only, the reports also shall include: (1) whether sales are being made on an interruptible or firm basis; and, if applicable, (2) the per unit (MMBtu) demand/commodity/reservation charge breakdown of the contract price.
C. The reports required by Ordering B of this Order shall be filed with the Office of Natural Gas and Petroleum Import and Export Activities, Fossil Energy, Room 3E-042, FE-34, Forrestal Building, 1000 Independence Avenue, S.W., Washington, D.C. 20585.
D. The first quarterly report required by Ordering Paragraph B of this Order is due not later than April 30, 1999, and should cover the period from January 1, 1999, until the end of the first calendar quarter, March 31, 1999.
Issued in Washington, D.C., on October 30, 1998.
John W. Glynn
Manager, Natural Gas Regulation
Office of Natural Gas & Petroleum
Import and Export Activities
Office of Fossil Energy
1. 1/ 15 U.S.C. §717b.
2. 2/ December 31, 1998, is the expiration date of CXY's current blanket import and export authorization granted by DOE/FE Order Nos. 1228 and 1228-A, issued December 23, 1996 and March 6, 1998, (1 FE ¶ 71,342, 1 FE ¶ 71,536 respectively).