Notice2023-21409
Application for Authorization To Export Electric Energy; CWP Energy, 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
September 29, 2023
Issuing agencies
Energy Department
Abstract
CWP Energy, Inc. (the Applicant or CWP Energy) 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 188 (Friday, September 29, 2023)</title>
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[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Notices]
[Pages 67269-67270]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21409]
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DEPARTMENT OF ENERGY
[GDO Docket No. EA-503]
Application for Authorization To Export Electric Energy; CWP
Energy, Inc.
AGENCY: Grid Deployment Office, Department of Energy.
[[Page 67270]]
ACTION: Notice of application.
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SUMMARY: CWP Energy, Inc. (the Applicant or CWP Energy) 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 October 30, 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#8acfe6efe9fef8e3e9e3fef3a4cff2fae5f8fef9cae2fba4eee5efa4ede5fc"><span class="__cf_email__" data-cfemail="8ecbe2ebedfafce7ede7faf7a0cbf6fee1fcfafdcee6ffa0eae1eba0e9e1f8">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Christina Gomer, (240) 474-2403,
<a href="/cdn-cgi/l/email-protection#b4f1d8d1d7c0c6ddd7ddc0cd9af1ccc4dbc6c0c7f4dcc59ad0dbd19ad3dbc2"><span class="__cf_email__" data-cfemail="60250c0503141209030914194e2518100f1214132008114e040f054e070f16">[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 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 January 3, 2017, DOE issued Order No. EA-429 authorizing CWP
Energy to transmit electric energy from the United States to Mexico as
a power marketer. On May 3, 2017, DOE issued Order No. EA-429-A to
reflect CWP Energy's corporate name change and incorporated all other
terms and conditions as originally described in Order No. EA-429. On
June 29, 2023, CWP Energy filed an application with DOE (Application or
App.) for renewal of its export authority for an additional five-year
term. App. at 1. The Application noted that Order No. EA-429-A lapsed
on January 3, 2022, and CWP Energy continued to engage in transactions
during the lapsed period. Id. and n.1.
In Order No. EA-429, DOE indicated that, ``continuing to export
after the expiration of [a valid] order [to export electricity], may
result in a denial of authorization of export in the future and subject
the exporter to sanctions and penalties under the FPA.'' Order No. EA-
429 at 9. Because the Applicant's prior authorization in Order No. EA-
429-A has long expired, DOE has determined that granting a renewal of
such authorization would not be appropriate. Instead, DOE will treat
CWP Energy's submission as an application for a new authorization.
In its Application, CWP Energy states it ``is a Canadian
Corporation with its principal place of business in Montr[eacute]al,
Qu[eacute]bec, Canada.'' App. at 3. The Applicant further states it
``is owned 89.9% by McGill-St. Laurent and 10.1% by Investissements AFA
Inc. McGill-St. Laurent is owned by two individuals, Mr. Phillipe
Boisclair, as a majority owner, and Mr. Christian L'Abbe, as a minority
owner.'' Id. The Applicant further indicates that, ``Mr. Boisclair and
Mr. L'Abbe do not have any ownership interest or involvement in any
other company that is a traditional utility or that owns, operates, or
controls any electric generation, transmission or distribution
facilities, nor do they have any direct involvement with the energy
industry other than through the ownership of CWP Energy and its
affiliates.'' Id. In addition, ``Investissements AFA Inc. is owned by
Mr. Alain Brisebois'' and he ``does not have any ownership interest or
involvement in any other company that is a traditional utility or that
owns, operates, or controls any electric generation, transmission or
distribution facilities, nor does he have any direct involvement with
the energy industry other than through his ownership, and in his
capacity as President, of CWP Energy.'' Id. CWP Energy represents that
it ``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.'' Id. at 5. CWP Energy
also states that, ``[b]y definition, such power is surplus to the
system of the generator and, therefore, the electric power that CWP
Energy will export on either a firm or interruptible basis will not
impair the sufficiency of the electric power supply within the U.S.''
Id.
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#4f0a232a2c3b3d262c263b36610a373f203d3b3c0f273e612b202a61282039"><span class="__cf_email__" data-cfemail="f3b69f969087819a909a878addb68b839c818780b39b82dd979c96dd949c85">[email protected]</span></a>. Protests should be filed in accordance
with Rule 211 of the 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#db9eb7beb8afa9b2b8b2afa2f59ea3abb4a9afa89bb3aaf5bfb4bef5bcb4ad"><span class="__cf_email__" data-cfemail="eda881888e999f848e849994c3a8959d829f999ead859cc3898288c38a829b">[email protected]</span></a> in accordance with FERC Rule 214 (18
CFR 385.214).
Comments and other filings concerning CWP Energy's Application
should be clearly marked with GDO Docket No. EA-503. Additional copies
are to be provided directly to Ruta Kalvaitis Sku[ccaron]as and Chimera
N. Thompson, K&L Gates LLP, 1601 K St. NW, Washington, DC 20006,
<a href="/cdn-cgi/l/email-protection#6b191e1f0a4518001e080a182b00070c0a1f0e1845080406"><span class="__cf_email__" data-cfemail="176562637639647c62747664577c7b70766372643974787a">[email protected]</span></a>; and Alain Brisebois, CWP Energy, 407 McGill
Street, Suite 315, Montreal, PQ, H2Y 2G3, <a href="/cdn-cgi/l/email-protection#e6a78a878f88a685919683888394819fc885898b"><span class="__cf_email__" data-cfemail="ebaa878a8285ab889c9b8e858e998c92c5888486">[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, on
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#eeab828b8d9a9c878d879a97c0ab969e819c9a9dae869fc08a818bc0898198"><span class="__cf_email__" data-cfemail="fbbe979e988f899298928f82d5be838b94898f88bb938ad59f949ed59c948d">[email protected]</span></a>.
Signing Authority: This document of the Department of Energy was
signed on September 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 September 26, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-21409 Filed 9-28-23; 8:45 am]
BILLING CODE 6450-01-P
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