Notice2024-02675
Application for Authorization To Export Electric Energy; Second Foundation US Trading, 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
February 9, 2024
Issuing agencies
Energy Department
Abstract
Second Foundation US Trading, LLC (the Applicant or SFUST, LLC) 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 89 Issue 28 (Friday, February 9, 2024)</title>
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[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Notices]
[Page 9139]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02675]
[[Page 9139]]
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DEPARTMENT OF ENERGY
[GDO Docket No. EA-506]
Application for Authorization To Export Electric Energy; Second
Foundation US Trading, LLC
AGENCY: Grid Deployment Office, Department of Energy.
ACTION: Notice of application.
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SUMMARY: Second Foundation US Trading, LLC (the Applicant or SFUST,
LLC) 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 March 11, 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#c085aca5a3b4b2a9a3a9b4b9ee85b8b0afb2b4b380a8b1eea4afa5eea7afb6"><span class="__cf_email__" data-cfemail="9dd8f1f8fee9eff4fef4e9e4b3d8e5edf2efe9eeddf5ecb3f9f2f8b3faf2eb">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Christina Gomer, (240) 474-2403,
<a href="/cdn-cgi/l/email-protection#d396bfb6b0a7a1bab0baa7aafd96aba3bca1a7a093bba2fdb7bcb6fdb4bca5"><span class="__cf_email__" data-cfemail="6e2b020b0d1a1c070d071a17402b161e011c1a1d2e061f400a010b40090118">[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 8, 2024, the Applicant filed an application with DOE
(Application or App.) for export authority to transmit electric energy
from the United States to Canada for a term of five-years. App. at 1.
SFUST, LLC is a Delaware limited liability company with its
principal place of business in Houston, Texas. App. at 1. The Applicant
states it is ``a power marketer engaged in the business of marketing
and trading electric energy and other energy related products in the
United States.'' Id. at 2. According to the Application, SFUST, LLC is
solely owned by Second Foundation Holding, a joint-stock company
organized under the laws of the Czech Republic. Id. The Applicant
states it ``is authorized to sell wholesale electric energy, capacity
and ancillary services at market-based rates pursuant to authority
granted by the Federal Energy Regulatory Commission (FERC) under a
wholesale power sales tariff currently on file with FERC in Docket No.
ER22-2959-000.'' Id.
According to the Application, SFUST, LLC does not ``own any
franchised service territory, and does not control any electric
generation or transmission facilities in the United States'' and ``has
no other affiliates or upstream owners that own any franchised service
territory or control any electric generation or transmission facilities
in the United States.'' App. at 2. Further, SFUST, LLC notes it ``will
purchase surplus electric energy to be exported from a variety of
entities within the United States including power marketers, wholesale
generators, electric utilities, and federal power marketing agencies.''
Id. at 4. The Applicant asserts its proposed exports will be ``surplus
to the needs of those entities selling electric power to the
Applicant'' and ``will not impair the sufficiency of electric supply
within the United States[.]'' Id. Further, the Applicant states its
exports will be ``transmitted pursuant to arrangements with utilities
that own and operate existing transmission facilities and will be
consistent with all applicable export limits on transmission
facilities,'' and thus the Applicant asserts it ``meets the second
statutory criterion of Section 202(e).'' Id. at 5.
The existing international transmission facilities to be utilized
by the Applicant have previously been 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#296c454c4a5d5b404a405d50076c5159465b5d5a694158074d464c074e465f"><span class="__cf_email__" data-cfemail="2b6e474e485f594248425f52056e535b44595f586b435a054f444e054c445d">[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#195c757c7a6d6b707a706d60375c6169766b6d6a597168377d767c377e766f"><span class="__cf_email__" data-cfemail="befbd2dbddcaccd7ddd7cac790fbc6ced1cccacdfed6cf90dad1db90d9d1c8">[email protected]</span></a> in accordance with FERC Rule 214 (18 CFR
385.214).
Comments and other filings concerning SFUST, LLC's Application
should be clearly marked with GDO Docket No. EA-507. Additional copies
are to be provided directly to Jakub Sedlacek, Chief Operating Officer,
Second Foundation US Trading, LLC, 808 Travis St., Suite 1030, Houston,
TX 77002, <a href="/cdn-cgi/l/email-protection#402a212b35226e3325242c2123252b003325232f2e246d7c2160283225267d" http: foundation.com">foundation.com</a>">jakub.sedlacek@second-<a href="http://foundation.com">foundation.com</a></a>, and Zori Ferkin, King &
Spalding LLP, 1700 Pennsylvania Avenue, Suite 900, Washington, DC
20006, <a href="/cdn-cgi/l/email-protection#1a607c7f687173745a7169767b6d34797577"><span class="__cf_email__" data-cfemail="cab0acafb8a1a3a48aa1b9a6abbde4a9a5a7">[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="f4b198919780869d979d808ddab18c849b868087b49c85da909b91da939b82">[email protected]</span></a>.
Signing Authority: This document of the Department of Energy was
signed on January 30, 2024, 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 February 6, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-02675 Filed 2-8-24; 8:45 am]
BILLING CODE 6450-01-P
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