Notice2023-05466
Application for Renewal of Authorization To Export Electric Energy; Freepoint Commodities LLC
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
March 17, 2023
Issuing agencies
Energy Department
Abstract
Freepoint Commodities LLC (the Applicant or Freepoint) has applied for authorization to transmit electric energy from the United States to Canada pursuant to the Federal Power Act.
Full Text
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<title>Federal Register, Volume 88 Issue 52 (Friday, March 17, 2023)</title>
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[Federal Register Volume 88, Number 52 (Friday, March 17, 2023)]
[Notices]
[Pages 16427-16428]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05466]
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DEPARTMENT OF ENERGY
[GDO Docket No. EA-380-A]
Application for Renewal of Authorization To Export Electric
Energy; Freepoint Commodities LLC
AGENCY: Grid Deployment Office, Department of Energy.
ACTION: Notice of application.
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SUMMARY: Freepoint Commodities LLC (the Applicant or Freepoint) has
applied for authorization to transmit electric energy from the United
States to Canada pursuant to the Federal Power Act.
DATES: Comments, protests, or motions to intervene must be submitted on
or before April 17, 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#bbfed7ded8cfc9d2d8d2cfc295fec3cbd4c9cfc8fbd3ca95dfd4de95dcd4cd"><span class="__cf_email__" data-cfemail="1f5a737a7c6b6d767c766b66315a676f706d6b6c5f776e317b707a31787069">[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="debbb2bbbdaaacb7bdb7aaa7f0bba6aeb1acaaad9eb6aff0bab1bbf0b9b1a8">[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 September 29, 2011, in Order No. EA-380, the DOE authorized
Freepoint to export electricity from the United State to Canada as a
power marketer for a period of ten years ending on September 29, 2021.
On September 30, 2022, Freepoint filed an application with DOE
(Application or App) for renewal of their export authority for an
additional ten-year term. App. at 1.
Freepoint acknowledged in its Application that it did not seek to
renew its authorization to export electricity to Canada prior to the
lapse of the authorization granted in Order No. EA-380. Since the
expiration of that authorization, as indicated in its quarterly filings
with the Department (which it continued to file, notwithstanding the
expiration of the authorization), Freepoint has not exported any
electricity from the United States. Freepoint seeks renewal of its
authorization at this time because it anticipates entering one or more
transactions that could involve exports of electricity to Canada. App
at 1-2.
In its Application, the Applicant states that it ``does not own or
control any electric generation or transmission facilities, nor does it
hold a franchise or service territory for the transmission,
distribution, or sale of electric power.'' App at 3. Freepoint further
states that it ``has purchased, or will purchase, the power that may be
exported to Canada from wholesale generators, electric utilities,
federal power marketing agencies, and the markets administered by
independent system operators (ISOs) and regional transmission
organizations (RTOs).'' Id.
Freepoint ``plans to export electric power over authorized
transmission interconnections between Canada and the United States.
Transmission to the point of delivery will be arranged by Freepoint
over any authorized existing international electric transmission
facilities (including those set out in Attachment 1), and over any
international transmission facilities that may be approved by the
Department in the future.'' App at 4.
Therefore, ``Freepoint's export of electric energy to Canada does
not and will not impair the sufficiency of electric supply within the
United States nor does it or will it impede or tend to impede the
coordination in the public interest of facilities subject to the
jurisdiction of the Federal Energy Regulatory Commission (FERC).'' App
at 2.
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
4; Attachment 1.
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
[[Page 16428]]
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 Freepoint's Application
should be clearly marked with GDO Docket No. EA-380-A. Additional
copies are to be provided directly to Martin Ramirez, Head of
Compliance, Freepoint Commodities, LLC, 58 Commerce Road, Stamford, CT
06902; (203) 542-6767; <a href="/cdn-cgi/l/email-protection#4e031c2f23273c2b340e283c2b2b3e2127203a602d2123"><span class="__cf_email__" data-cfemail="e9a4bb8884809b8c93a98f9b8c8c998680879dc78a8684">[email protected]</span></a> and Daniel E. Frank,
Eversheds Sutherland (US) LLP, 700 Sixth St. NW, Suite 700, Washington,
DC 20001-3980; (202) 383-0838; <a href="/cdn-cgi/l/email-protection#4e0a2f20272b22083c2f20250e2b382b3c3d262b2a3d63722f6e263c2b2873" http: sutherland.com">sutherland.com</a>">DanielFrank@eversheds-<a href="http://sutherland.com">sutherland.com</a></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#5c1930393f282e353f3528257219242c332e282f1c342d72383339723b332a"><span class="__cf_email__" data-cfemail="fabf969f998e889399938e83d4bf828a95888e89ba928bd49e959fd49d958c">[email protected]</span></a>.
Signing Authority: This document of the Department of Energy was
signed on March 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 March 14, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-05466 Filed 3-16-23; 8:45 am]
BILLING CODE 6450-01-P
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