Notice2023-28480
Application for Renewal of Authorization To Export Electric Energy; TransCanada Energy Sales Ltd.
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
TransCanada Energy Sales Ltd. (the Applicant or TCES) 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]
[Page 89433]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28480]
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DEPARTMENT OF ENERGY
[GDO Docket No. EA-468-A]
Application for Renewal of Authorization To Export Electric
Energy; TransCanada Energy Sales Ltd.
AGENCY: Grid Deployment Office, Department of Energy.
ACTION: Notice of application.
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SUMMARY: TransCanada Energy Sales Ltd. (the Applicant or TCES) 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#17527b727463657e747e636e39526f6778656364577f663973787239707861"><span class="__cf_email__" data-cfemail="01446d6462757368626875782f4479716e7375724169702f656e642f666e77">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Christina Gomer, (240) 474-2403,
<a href="/cdn-cgi/l/email-protection#8acfe6efe9fef8e3e9e3fef3a4cff2fae5f8fef9cae2fba4eee5efa4ede5fc"><span class="__cf_email__" data-cfemail="0a4f666f697e786369637e73244f727a65787e794a627b246e656f246d657c">[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 May 6, 2014, DOE issued Order No. EA-98-M, authorizing certain
members of WSPP Inc., including TCES, to transmit electric energy from
the United States to Canada as power marketers. TCES's export authority
was renewed on May 13, 2019 (Order No. EA-468). On November 14, 2023,
TCES filed an application with DOE (Application or App.) for renewal of
their export authority for an additional five-year term. App. at 1.
In its Application, TCES states that it ``does not own or control
any generation, transmission, or distribution facilities within the
United States and does not have a franchised electric power service
area.'' Id. at 2. Further, TCES is not affiliated with an entity that
holds an electric franchise or service territory in the United States.
Id. Rather, TCES is a power marketer seeking continued authorization to
transmit electric energy, on either a firm or interruptible basis, to
Canada and plans to purchase the power to be exported from electric
utilities, qualifying small power production facilities, cogeneration
facilities and federal power marketing agencies. Id. at 3-4. The
Applicant represents that because it neither owns, operates nor
controls an electric power supply transmission and/or distribution
system, ``its exports cannot have any adverse impact on the
reliability, stability, or sufficiency of supply on a franchised
electric supply system or the electric power supply within the U.S.''
Id. at 5.
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 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#dd98b1b8bea9afb4beb4a9a4f398a5adb2afa9ae9db5acf3b9b2b8f3bab2ab"><span class="__cf_email__" data-cfemail="0b4e676e687f796268627f72254e737b64797f784b637a256f646e256c647d">[email protected]</span></a>. Protests should be filed in accordance
with Rule 211 of Federal Energy Regulatory Commission's (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#a6e3cac3c5d2d4cfc5cfd2df88e3ded6c9d4d2d5e6ced788c2c9c388c1c9d0"><span class="__cf_email__" data-cfemail="01446d6462757368626875782f4479716e7375724169702f656e642f666e77">[email protected]</span></a> in accordance with FERC Rule 214 (18 CFR
385.214).
Comments and other filings concerning TCES's Application should be
clearly marked with GDO Docket No. EA-468-A. Additional copies are to
be provided directly to David Farmer, Senior Legal Counsel and Manager,
TC Energy, 450-1 Street SW, Calgary, AB T2P 5H1,
<a href="/cdn-cgi/l/email-protection#caaeabbca3ae95acabb8a7afb88abea9afa4afb8adb3e4a9a5a7"><span class="__cf_email__" data-cfemail="147075627d704b727566797166546077717a7166736d3a777b79">[email protected]</span></a>, and Catherine McCarthy, Partner, Bracewell
LLP, 2001 M Street NW, Suite 900, Washington, DC 20036,
<a href="/cdn-cgi/l/email-protection#b1d2d0c5d9c89fdcd2d2d0c3c5d9c8f1d3c3d0d2d4c6d4dddd9fd2dedc"><span class="__cf_email__" data-cfemail="fa999b8e9283d49799999b888e9283ba98889b999f8d9f9696d4999597">[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#91d4fdf4f2e5e3f8f2f8e5e8bfd4e9e1fee3e5e2d1f9e0bff5fef4bff6fee7"><span class="__cf_email__" data-cfemail="fcb990999f888e959f958885d2b9848c938e888fbc948dd2989399d29b938a">[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.
Signed in Washington, DC, on December 20, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-28480 Filed 12-26-23; 8:45 am]
BILLING CODE 6450-01-P
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