Notice2023-03432
Application for Renewal of Authorization To Export Electric Energy; AEP Energy Partners, Inc.
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
February 17, 2023
Issuing agencies
Energy Department
Abstract
AEP Energy Partners, Inc. (the Applicant or AEP-EP) has applied for authorization to transmit electric energy from the United States to Mexico pursuant to the Federal Power Act.
Full Text
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<title>Federal Register, Volume 88 Issue 33 (Friday, February 17, 2023)</title>
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[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10309-10310]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03432]
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DEPARTMENT OF ENERGY
[GDO Docket No. EA-318-D]
Application for Renewal of Authorization To Export Electric
Energy; AEP Energy Partners, Inc.
AGENCY: Grid Deployment Office, Department of Energy.
ACTION: Notice of application.
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SUMMARY: AEP Energy Partners, Inc. (the Applicant or AEP-EP) has
applied for authorization to transmit electric energy from the United
States to Mexico pursuant to the Federal Power Act.
DATES: Comments, protests, or motions to intervene must be submitted on
or before March 20, 2023.
ADDRESSES: Comments, protests, motions to intervene, or requests for
more information should be addressed by electronic mail to
<a href="/cdn-cgi/l/email-protection#793c151c1a0d0b101a100d00573c0109160b0d0a391108571d161c571e160f"><span class="__cf_email__" data-cfemail="cb8ea7aea8bfb9a2a8a2bfb2e58eb3bba4b9bfb88ba3bae5afa4aee5aca4bd">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Steven Blazek, (240) 474-2780,
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="b6d3dad3d5c2c4dfd5dfc2cf98d3cec6d9c4c2c5f6dec798d2d9d398d1d9c0">[email protected]</a>.
SUPPLEMENTARY INFORMATION: The United States Department of Energy (DOE)
regulates electricity exports from the United States to foreign
countries in accordance with section 202(e) of the Federal Power Act
(FPA) (16 U.S.C. 824a(e)) and regulations thereunder (10 CFR 205.300 et
seq.). Sections 301(b) and 402(f) of the DOE Organization Act (42
U.S.C. 7151(b) and 7172(f)) transferred this regulatory authority,
previously exercised by the now-defunct Federal Power Commission, to
DOE.
Section 202(e) of the FPA provides that an entity which seeks to
export electricity must obtain an order from DOE authorizing that
export. (16 U.S.C. 824a(e)). On June 13, 2022, the authority to issue
such orders was delegated to the DOE's Grid Deployment Office (GDO)
under Delegation Order No. S1-DEL-S3-2022-2 and Redelegation Order No.
S3-DEL-GD1-2022.
On February 22, 2007, DOE issued Order No. EA-318, which authorized
CSW Power Marketing to transmit electric energy from the United States
to Mexico for a five-year term using existing international
transmission facilities. Shortly thereafter, CSW Power Marketing
changed its name to AEP Energy Partners, Inc. (AEP-EP). Consequently,
on June 27, 2007, DOE rescinded Order No. EA-318 and issued Order No.
EA-318-A to AEP-EP under the same terms and conditions as the original
authorization.
On December 19, 2011, AEP-EP filed an application seeking to renew
its export authority for a 10-year term. On January 20, 2012, DOE
published notice of AEP-EP's renewal application in the Federal
Register (77 FR 1474, January 20, 2012). Sierra Club filed a timely
motion to intervene and protest on February 9, 2012. On February 16,
2012, AEP-EP filed an emergency request for continuance or temporary
extension of its existing export authorization, together with a request
for expedited consideration. On February 17, 2012, Sierra Club filed an
opposition to AEP-EP's emergency request. On February 22, 2012, DOE
issued letter order No. EA-318-B to AEP-EP, allowing it to continue
exporting electricity from the United States to Mexico for emergency
purposes only. On January 28, 2013, DOE issued EA-318-C, granting AEP-
EP authorization to export electric energy to Mexico.
On October 19, 2022, AEP-EP filed an application with DOE
(Application or App) for renewal of their export authority for an
additional five-year term or any longer period allowable. App at 2. Per
the Q3 2022 Form EIA-111 filed by AEP-EP at the United States Energy
Information Administration, AEP-EP is currently exporting electricity.
On January 11, 2023, AEP-EP filed an emergency request for continuance
or temporary extension of existing export authorization or for a
temporary export authorization and request for expedited consideration.
On January 25, 2023, DOE granted a temporary extension of AEP-EP's
existing export authorization Order No. EA-318-C until such time as DOE
reviews the renewal Application.
In its Application, AEP-EP states that it ``does not own control or
operate any electric generation, distribution or transmission assets''
nor does it ``have a franchised electric power service area or service
territory for the transmission, distribution or sale of electric power
in the United States or Mexico.'' App at 2. AEP-EP seeks to renew its
authority to ``export electric energy from the United States of America
(`United States') to Mexico over any authorized international electric
transmission
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facilities that are appropriate for `open access' transmission by third
parties.'' App at 1. AEP-EP represents that it will ``purchase the
electric energy to be exported to Mexico in the wholesale energy market
pursuant to voluntary agreements with electric utilities and federal
power marketing agencies'' and that, by definition, ``such power is
surplus to the system of the electric utilities and federal power
marketing agencies, and, thus, will not impair or have an adverse
effect on the sufficiency or operation of the electric power system''
of the United States. App at 5.
The existing international transmission facilities to be utilized
by the Applicant have been previously authorized by Presidential
permits issued pursuant to Executive Order 10485, as amended, and are
appropriate for open access transmission by third parties. See App at
Exhibit C.
Procedural Matters: Any person desiring to be heard in this
proceeding should file a comment or protest to the Application at the
address provided above. Protests should be filed in accordance with
Rule 211 of FERC's Rules of Practice and Procedure (18 CFR 385.211).
Any person desiring to become a party to this proceeding should file a
motion to intervene at the above address in accordance with FERC Rule
214 (18 CFR 385.214).
Comments and other filings concerning AEP-EP's Application should
be clearly marked with GDO Docket No. EA-318-D. Additional copies are
to be provided directly to Thomas M. Myers, Vice President--AEP Energy
Partners, Inc., 1 Riverside Plaza, 31st Floor, Columbus, OH 43215,
(614) 716-3170, <a href="/cdn-cgi/l/email-protection#f0849d89958283b0919580de939f9d"><span class="__cf_email__" data-cfemail="f7839a8e928584b7969287d994989a">[email protected]</span></a> and Carol Gosain, Steptoe & Johnson LLP,
1330 Connecticut Avenue NW, Washington, DC 20036, (202) 429-6461,
<a href="/cdn-cgi/l/email-protection#1271757d61737b7c5261667762667d773c717d7f"><span class="__cf_email__" data-cfemail="ee8d89819d8f8780ae9d9a8b9e9a818bc08d8183">[email protected]</span></a>.
A final decision will be made on the requested authorization after
the environmental impacts have been evaluated pursuant to DOE's
National Environmental Policy Act Implementing Procedures (10 CFR part
1021) and after DOE evaluates whether the proposed action will have an
adverse impact on the sufficiency of supply or reliability of the
United States electric power supply system.
Copies of this Application will be made available, upon request, by
accessing the program website at <a href="https://www.energy.gov/gdo/pending-applications">https://www.energy.gov/gdo/pending-applications</a> or by emailing <a href="/cdn-cgi/l/email-protection#81c4ede4e2f5f3e8e2e8f5f8afc4f9f1eef3f5f2c1e9f0afe5eee4afe6eef7"><span class="__cf_email__" data-cfemail="22674e474156504b414b565b0c675a524d505651624a530c464d470c454d54">[email protected]</span></a>.
Signing Authority
This document of the Department of Energy was signed on February
13, 2023, by Maria Robinson, Director, Grid Deployment Office, pursuant
to delegated authority from the Secretary of Energy. That document with
the original signature and date is maintained by DOE. For
administrative purposes only, and in compliance with requirements of
the Office of the Federal Register, the undersigned DOE Federal
Register Liaison Officer has been authorized to sign and submit the
document in electronic format for publication, as an official document
of the Department of Energy. This administrative process in no way
alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on February 14, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-03432 Filed 2-16-23; 8:45 am]
BILLING CODE 6450-01-P
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