Notice2023-13543
Application for Authorization To Export Electric Energy; Elektron Power 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
June 27, 2023
Issuing agencies
Energy Department
Abstract
Elektron Power LLC (the Applicant or Elektron) 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 122 (Tuesday, June 27, 2023)</title>
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[Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Notices]
[Pages 41603-41604]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13543]
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DEPARTMENT OF ENERGY
[GDO Docket No. EA-499]
Application for Authorization To Export Electric Energy; Elektron
Power LLC
AGENCY: Grid Deployment Office, Department of Energy.
ACTION: Notice of application.
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SUMMARY: Elektron Power LLC (the Applicant or Elektron) 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 July 27, 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#f4b198919780869d979d808ddab18c849b868087b49c85da909b91da939b82"><span class="__cf_email__" data-cfemail="88cde4edebfcfae1ebe1fcf1a6cdf0f8e7fafcfbc8e0f9a6ece7eda6efe7fe">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Christina Gomer, (240) 474-2403,
<a href="/cdn-cgi/l/email-protection#9bdef7fef8efe9f2f8f2efe2b5dee3ebf4e9efe8dbf3eab5fff4feb5fcf4ed"><span class="__cf_email__" data-cfemail="dd98b1b8bea9afb4beb4a9a4f398a5adb2afa9ae9db5acf3b9b2b8f3bab2ab">[email protected]</span></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 April 10, 2023, the authority to issue
such orders was
[[Page 41604]]
delegated to the DOE's Grid Deployment Office (GDO) by Delegation Order
No. S1-DEL-S3-2023 and Redelegation Order No. S3-DEL-GD1-2023.
On May 2, 2023, Elektron filed an application with DOE (Application
or App.) for export authority for a five-year term. App. at 1.
In its Application, Elektron states that it ``does not own or
control any electric generating or transmission facilities, nor does
the Applicant have a franchised service area. Upon obtaining
authorization to export power, Applicant will operate as a power
marketer[ ] and broker and buy electric power at wholesale in the
United States.'' Id. at 2. Elektron also states it ``contemplates
making wholesale sales within the United States, and will seek all
appropriate regulatory authorizations, including but not limited to
authorization from the Federal Energy Regulatory Commission (``FERC'')
to make sales of electric power at wholesale in interstate commerce at
market-based rates.'' Id. Elektron represents that it ``may purchase
the power to be exported from wholesale generators, electric utilities,
power marketers, and power marketing agencies; or may return to Mexico
energy transmitted to but not sold in the United States (e.g., from
battery storage in the U.S.). Applicant will have title to any
electricity transmitted to Mexico under the authorization sought in
this Application.'' Id. Elektron also states ``the proposed exports
will not impair or tend to impede the sufficiency of electricity
supplies in the United States or the regional coordination of electric
utility planning or operations.'' Id. at 3.
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 Id. at
Exhibit G.
Procedural Matters: Any person desiring to be heard in this
proceeding should file a comment or protest to the Application at
<a href="/cdn-cgi/l/email-protection#490c252c2a3d3b202a203d30670c3139263b3d3a092138672d262c672e263f"><span class="__cf_email__" data-cfemail="0b4e676e687f796268627f72254e737b64797f784b637a256f646e256c647d">[email protected]</span></a>. 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 <a href="/cdn-cgi/l/email-protection#c085aca5a3b4b2a9a3a9b4b9ee85b8b0afb2b4b380a8b1eea4afa5eea7afb6"><span class="__cf_email__" data-cfemail="4c0920292f383e252f2538356209343c233e383f0c243d62282329622b233a">[email protected]</span></a> in
accordance with FERC Rule 214 (18 CFR 385.214).
Comments and other filings concerning Elektron's Application should
be clearly marked with GDO Docket No. EA-499. Additional copies are to
be provided directly to Roberto Gomez, Elektron Power LLC, 939 Coast
Blvd., 6F, La Jolla, CA 92037, <a href="/cdn-cgi/l/email-protection#7c0e131e190e0813521b131119063c1119521f1311"><span class="__cf_email__" data-cfemail="41332e232433352e6f262e2c243b012c246f222e2c">[email protected]</span></a> and Mark F.
Sundback, Sheppard, Mullin, Richter & Hampton LLP, 2099 Pennsylvania
Avenue NW, Suite 100, Washington, DC 20006,
<a href="/cdn-cgi/l/email-protection#056876706b616764666e45766d607575647761687069696c6b2b666a68"><span class="__cf_email__" data-cfemail="264b555348424447454d66554e4356564754424b534a4a4f480845494b">[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#82c7eee7e1f6f0ebe1ebf6fbacc7faf2edf0f6f1c2eaf3ace6ede7ace5edf4"><span class="__cf_email__" data-cfemail="db9eb7beb8afa9b2b8b2afa2f59ea3abb4a9afa89bb3aaf5bfb4bef5bcb4ad">[email protected]</span></a>.
Signing Authority: This document of the Department of Energy was
signed on June 21, 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 June 21, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-13543 Filed 6-26-23; 8:45 am]
BILLING CODE 6450-01-P
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