Notice2023-18728
Application for Authorization To Export Electric Energy; In Commodities US 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
August 30, 2023
Issuing agencies
Energy Department
Abstract
In Commodities US LLC (the Applicant or In Commodities) 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 167 (Wednesday, August 30, 2023)</title>
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[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 59882-59883]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18728]
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DEPARTMENT OF ENERGY
[GDO Docket No. EA-502]
Application for Authorization To Export Electric Energy; In
Commodities US LLC
AGENCY: Grid Deployment Office, Department of Energy.
ACTION: Notice of application.
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SUMMARY: In Commodities US LLC (the Applicant or In Commodities) 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 September 29, 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#31745d5452454358525845481f7449415e4345427159401f555e541f565e47"><span class="__cf_email__" data-cfemail="71341d1412050318121805085f3409011e0305023119005f151e145f161e07">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Christina Gomer, (240) 474-2403,
<a href="/cdn-cgi/l/email-protection#fcb990999f888e959f958885d2b9848c938e888fbc948dd2989399d29b938a"><span class="__cf_email__" data-cfemail="22674e474156504b414b565b0c675a524d505651624a530c464d470c454d54">[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)
[[Page 59883]]
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 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 June 21, 2023, In Commodities filed an application with DOE
(Application or App.) for authorization to transmit electric energy to
Canada for a five-year term. App at 1.
In its Application, In Commodities states that it is a Delaware
limited liability company with its headquarters in Denmark, and that
``is also registered as a foreign limited liability company in the
states of New Jersey, New York, and Texas.'' Id. at 2. The Applicant
states it ``is a direct, wholly owned subsidiary of In Commodities US
ApS, a corporation organized under the laws of Denmark. In Commodities
US ApS is wholly owned by Incomas Global ApS, also organized under the
laws of Denmark. In Commodities Global ApS is wholly owned by Incomas
Holdings ApS, also organized under the laws of Denmark.'' Id. The
Applicant represents that it ``has no electric power supply system on
which the proposed exports could have a reliability, fuel use system,
or stability impact. In Commodities also has no obligation to serve
native load usually associated with a franchised service area, and,
thus, the exports proposed by In Commodities will not impair its
ability to meet current and prospective power supply obligations.'' Id.
at 3-4. The Applicant further states, ``In Commodities will purchase
power to be exported from a variety of sources such as power marketers,
independent power producers, or U.S. electric utilities and federal
power marketing entities as those terms are defined in Sections 3(22)
and 3(19) of the FPA. By definition, such power is surplus to the
system of the generator and, therefore, the electric power that In
Commodities will export on either a firm or interruptible basis will
not impair the sufficiency of the electric power supply within the
U.S.'' Id. at 4.
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. Id. at
Exhibit C.
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#541138313720263d373d202d7a112c243b262027143c257a303b317a333b22"><span class="__cf_email__" data-cfemail="f1b49d949285839892988588dfb489819e838582b19980df959e94df969e87">[email protected]</span></a>. Protests should be filed in accordance
with Rule 211 of Federal Energy Regulatory Commission's (FERC) 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#12577e777166607b717b666b3c576a627d606661527a633c767d773c757d64"><span class="__cf_email__" data-cfemail="43062f262037312a202a373a6d063b332c313730032b326d272c266d242c35">[email protected]</span></a> in accordance with FERC Rule 214 (18 CFR
385.214).
Comments and other filings concerning In Commodities' Application
should be clearly marked with GDO Docket No. EA-502. Additional copies
are to be provided directly to Divna Gavric, In Commodities US LLC, 251
Little Falls Drive, Wilmington, DE 19808, <a href="/cdn-cgi/l/email-protection#8ae7ebf8e1effef9effefffacae3e4a7b6ebaae2f8efecb7" http: commodities.com">commodities.com</a>">marketsetup@in-<a href="http://commodities.com">commodities.com</a></a> and Valerie L. Green, Pierce Atwood LLP, 1875 K St. NW,
Suite 700, Washington, DC 20006, <a href="/cdn-cgi/l/email-protection#b8eedfcaddddd6f8c8d1ddcadbddd9cccfd7d7dc96dbd7d5"><span class="__cf_email__" data-cfemail="6630011403030826160f031405030712110909024805090b">[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-0">https://www.energy.gov/gdo/pending-applications-0</a> or by emailing <a href="/cdn-cgi/l/email-protection#52173e373126203b313b262b7c172a223d202621123a237c363d377c353d24"><span class="__cf_email__" data-cfemail="51143d3432252338323825287f1429213e2325221139207f353e347f363e27">[email protected]</span></a>.
Signing Authority: This document of the Department of Energy was
signed on August 24, 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 August 25, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-18728 Filed 8-29-23; 8:45 am]
BILLING CODE 6450-01-P
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