Notice2023-22597
Application for Renewal of Authorization To Export Electric Energy; New Brunswick Energy Marketing Corporation
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
October 12, 2023
Issuing agencies
Energy Department
Abstract
New Brunswick Energy Marketing Corporation (the Applicant or NBEMC) has applied for renewed 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 196 (Thursday, October 12, 2023)</title>
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[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Notices]
[Pages 70654-70655]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22597]
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DEPARTMENT OF ENERGY
[GDO Docket No. EA-345-C]
Application for Renewal of Authorization To Export Electric
Energy; New Brunswick Energy Marketing Corporation
AGENCY: Grid Deployment Office, Department of Energy.
ACTION: Notice of application.
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SUMMARY: New Brunswick Energy Marketing Corporation (the Applicant or
NBEMC) has applied for renewed 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 November 13, 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#e9ac858c8a9d9b808a809d90c7ac9199869b9d9aa98198c78d868cc78e869f"><span class="__cf_email__" data-cfemail="7d3811181e090f141e1409045338050d120f090e3d150c53191218531a120b">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Christina Gomer, (240) 474-2403,
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="51343d3432252338323825287f3429213e2325221139207f353e347f363e27">[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 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 December 5, 2008, DOE issued Order No. EA-345, authorizing NBEMC
(f/k/a New Brunswick Power Generation Corporation) to transmit electric
energy from the United States to Canada as a power marketer. This
authority was renewed on December 6, 2013, (Order No. EA-345-A) and on
December 5, 2018 (Order No. EA-345-B). On August 23, 2023, NBEMC filed
an application with DOE (Application or App) for renewal of their
export authority for an additional five-year term. App at 2.
In its Application, NBEMC states that it will purchase power to be
exported to Canada from electric utilities in the U.S., federal power
marketing agencies, qualifying cogeneration and small power production
facilities, independent power producers, and other sellers. App. at 5.
NBEMC notes it ``does not own any electric generation or transmission
facilities and, as a power marketer, does not hold a franchise or
service territory or native load obligation.'' Id. at 6. NBEMC also
states it is not affiliated with an entity that holds a franchise or
service territory in the U.S., and ``[t]hus, NBEMC has no transmission
`system' of its own on which its exports of power could have a
reliability or stability impact.'' Id. NBEMC asserts DOE has recognized
that power purchased by a power marketer is surplus to the needs of the
selling entities, and exports of electricity under such circumstances
would not impair the sufficiency of electric supply within the U.S. Id.
at 7.
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
<a href="/cdn-cgi/l/email-protection#2c6940494f585e454f4558550269545c435e585f6c445d02484349024b435a"><span class="__cf_email__" data-cfemail="2d6841484e595f444e4459540368555d425f595e6d455c03494248034a425b">[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#20654c4543545249434954590e6558504f5254536048510e444f450e474f56"><span class="__cf_email__" data-cfemail="d89db4bdbbacaab1bbb1aca1f69da0a8b7aaacab98b0a9f6bcb7bdf6bfb7ae">[email protected]</span></a> in
accordance with FERC Rule 214 (18 CFR 385.214).
[[Page 70655]]
Comments and other filings concerning NBEMC's Application should be
clearly marked with GDO Docket No. EA-345-C. Additional copies are to
be provided directly to Tyler S. Johnson, Bracewell LLP, 701 5th
Avenue, Suite 3400, Seattle, Washington 98104,
<a href="/cdn-cgi/l/email-protection#45313c2920376b2f2a2d2b362a2b052737242620322029296b262a28"><span class="__cf_email__" data-cfemail="681c11040d1a46020700061b0706280a1a090b0d1f0d0404460b0705">[email protected]</span></a>; Josh R. Robichaud, Bracewell LLP, 2001 M
Street NW, Suite 900, Washington, DC 20036,
<a href="/cdn-cgi/l/email-protection#0e44617d66207c616c676d666f7b6a4e6c7c6f6d6b796b6262206d6163"><span class="__cf_email__" data-cfemail="105a7f63783e627f7279737871657450726271737567757c7c3e737f7d">[email protected]</span></a>; Tracey L. Bradley, Bracewell LLP, 2001 M
Street NW, Suite 900, Washington, DC 20036,
<a href="/cdn-cgi/l/email-protection#4e3a3c2f2d2b37602c3c2f2a222b370e2c3c2f2d2b392b2222602d2123"><span class="__cf_email__" data-cfemail="f0848291939589de928291949c9589b0928291939587959c9cde939f9d">[email protected]</span></a>; and John S. Bird, New Brunswick Energy
Marketing Corporation, 515 King Street, 2nd Floor, P.O. Box 2040,
Fredericton, New Brunswick, Canada E3B 5G4, <a href="/cdn-cgi/l/email-protection#462c242f342206282436293123346825292b"><span class="__cf_email__" data-cfemail="fc969e958e98bc929e8c938b998ed29f9391">[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="http://www.energy.gov/gdo/pending-applications-0">www.energy.gov/gdo/pending-applications-0</a> or by emailing <a href="/cdn-cgi/l/email-protection#9cd9f0f9ffe8eef5fff5e8e5b2d9e4ecf3eee8efdcf4edb2f8f3f9b2fbf3ea"><span class="__cf_email__" data-cfemail="f9bc959c9a8d8b909a908d80d7bc8189968b8d8ab99188d79d969cd79e968f">[email protected]</span></a>.
Signing Authority
This document of the Department of Energy was signed on October 6,
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 October 6, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-22597 Filed 10-11-23; 8:45 am]
BILLING CODE 6450-01-P
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