Notice2023-28466
Application for Authorization To Export Electric Energy; Emera Energy Services, 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
December 27, 2023
Issuing agencies
Energy Department
Abstract
Emera Energy Services, Inc. (the Applicant or EES) 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 247 (Wednesday, December 27, 2023)</title>
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[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Notices]
[Pages 89432-89433]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28466]
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DEPARTMENT OF ENERGY
[GDO Docket No. EA-257-F]
Application for Authorization To Export Electric Energy; Emera
Energy Services, Inc.
AGENCY: Grid Deployment Office, Department of Energy.
ACTION: Notice of application.
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SUMMARY: Emera Energy Services, Inc. (the Applicant or EES) 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 January 26, 2024.
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#591c353c3a2d2b303a302d20771c2129362b2d2a193128773d363c773e362f"><span class="__cf_email__" data-cfemail="3f7a535a5c4b4d565c564b46117a474f504d4b4c7f574e115b505a11585049">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Christina Gomer, (240) 474-2403,
<a href="/cdn-cgi/l/email-protection#581d343d3b2c2a313b312c21761d2028372a2c2b183029763c373d763f372e"><span class="__cf_email__" data-cfemail="652009000611170c060c111c4b201d150a171116250d144b010a004b020a13">[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.
In April 2002, DOE issued Order No. EA-257, authorizing EES to
transmit electric energy from the United States to Canada as a power
marketer. This authority was renewed in 2004 (Order No. EA-257-A), 2006
(Order No. EA-257-B), 2009 (Order No. EA-257-C), 2014 (Order No. EA-
257-D), and 2019 (Order No. EA-257-E). On October 25, 2023, EES filed
an application with DOE (Application or App.) for renewal of their
export authority for a five-year term. App at 1.
In its Application, EES states that it is a Delaware corporation
with its principal place of business in Kittery, Maine. Id. EES states
it is a ``wholly-owned subsidiary of Emera Incorporated (``Emera''), a
Nova Scotia company that is a publicly-traded diversified energy and
services company.'' Id. The Application represents that EES is
authorized to export energy from the United States to Canada and has
market-based authority from FERC to provide wholesale and retail
marketing services as a power marketer. Id. at 1-2. The Applicant notes
that Emera holds ownership interests in various subsidiaries that
provide energy services. Id. at 2-6. Although some of Emera's
subsidiaries own and control electric power generation and transmission
facilities, the Applicant asserts that EES does not ``own or control
any electric power generation or transmission facilities and does not
have a franchised electric power service area.'' Id. at 6. EES
represents that it will ``purchase surplus electric energy from
electric utilities and other suppliers within the United States and
will export this energy to Canada'' and that the ``export of power will
not impair the sufficiency of electric power supply in the U.S.'' App.
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. 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#36735a535542445f555f424f18734e4659444245765e471852595318515940"><span class="__cf_email__" data-cfemail="60250c0503141209030914194e2518100f1214132008114e040f054e070f16">[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#aaefc6cfc9ded8c3c9c3ded384efd2dac5d8ded9eac2db84cec5cf84cdc5dc"><span class="__cf_email__" data-cfemail="7a3f161f190e081319130e03543f020a15080e093a120b541e151f541d150c">[email protected]</span></a> in accordance with FERC Rule 214 (18 CFR
385.214).
Comments and other filings concerning EES' Application should be
clearly marked with GDO Docket No. EA-257-F. Additional copies are to
be provided directly to Keith Sutherland, Emera Energy, Inc., 5151
Terminal Road, Halifax, NS B3J 1A1 Canada,
<a href="/cdn-cgi/l/email-protection#38535d514c50164b4d4c505d4a5459565c785d555d4a595d565d4a5f41165b5755"><span class="__cf_email__" data-cfemail="19727c706d71376a6c6d717c6b7578777d597c747c6b787c777c6b7e60377a7674">[email protected]</span></a>; Jeffrey Jakubiak, Vinson & Elkins
LLP, 1114 Avenue of the Americas, 32nd Floor, New York, NY 10036,
<a href="/cdn-cgi/l/email-protection#29636348425c4b404842695f4c45485e074a4644"><span class="__cf_email__" data-cfemail="470d0d262c32252e262c0731222b26306924282a">[email protected]</span></a>; and Jennifer Mansh, Vinson & Elkins LLP, 2200
Pennsylvania Ave., Suite 500 West, Washington, DC 20037,
<a href="/cdn-cgi/l/email-protection#dd9790bcb3aeb59dabb8b1bcaaf3beb2b0"><span class="__cf_email__" data-cfemail="08424569667b60487e6d64697f266b6765">[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#7e3b121b1d0a0c171d170a07503b060e110c0a0d3e160f501a111b50191108"><span class="__cf_email__" data-cfemail="ffba939a9c8b8d969c968b86d1ba878f908d8b8cbf978ed19b909ad1989089">[email protected]</span></a>.
Signing Authority: This document of the Department of Energy was
signed on December 19, 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.
[[Page 89433]]
Signed in Washington, DC, on December 20, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-28466 Filed 12-26-23; 8:45 am]
BILLING CODE 6450-01-P
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