Notice2024-03951
Application for Renewal of Authorization To Export Electric Energy; Powerex Corp
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 27, 2024
Issuing agencies
Energy Department
Abstract
Powerex Corp. (the Applicant or Powerex) has applied for renewed 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 89 Issue 39 (Tuesday, February 27, 2024)</title>
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[Federal Register Volume 89, Number 39 (Tuesday, February 27, 2024)]
[Notices]
[Pages 14469-14470]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03951]
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DEPARTMENT OF ENERGY
[GDO Docket No. EA-145-G]
Application for Renewal of Authorization To Export Electric
Energy; Powerex Corp
AGENCY: Grid Deployment Office, Department of Energy.
ACTION: Notice of application.
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SUMMARY: Powerex Corp. (the Applicant or Powerex) has applied for
renewed 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 March 28, 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#185d747d7b6c6a717b716c61365d6068776a6c6b587069367c777d367f776e"><span class="__cf_email__" data-cfemail="8bcee7eee8fff9e2e8e2fff2a5cef3fbe4f9fff8cbe3faa5efe4eea5ece4fd">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Christina Gomer, (240) 474-2403,
<a href="/cdn-cgi/l/email-protection#86c3eae3e5f2f4efe5eff2ffa8c3fef6e9f4f2f5c6eef7a8e2e9e3a8e1e9f0"><span class="__cf_email__" data-cfemail="03466f666077716a606a777a2d467b736c717770436b722d676c662d646c75">[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 30, 1997, DOE issued Order No. EA-145 authorizing Powerex to
transmit electric energy from the United States to Mexico as a power
marketer. Such authority was renewed in 1999 (Order No. EA-145-A), 2001
(Order No. EA-145-B), 2004 (Order No. EA-145-
[[Page 14470]]
C), 2009 (Order No. EA-145-D), 2014 (Order No. EA-145-E), and 2019
(Order No. EA-145-F). On January 25, 2024, Powerex filed an application
with DOE (Application or App.) for renewal of their export authority
for an additional five-year term. App. at 1.
According to the Application, Powerex is a British Columbia
corporation that is a wholly owned subsidiary of British Columbia Hydro
and Power Authority (BC Hydro) a provincial Crown Corporation owned by
the Government of British Columbia, Powerex is an instrumentality of a
foreign state under the Foreign Sovereign Immunities Act. Id. at 2.
Powerex is a power marketer 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. Powerex states
that 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 5. Further,
Powerex represents that ``none of [its] affiliates own electric
transmission facilities that constitute part of the electricity
delivery system in the U.S. and Powerex is not affiliated with an
entity that holds a franchise or service territory in the contiguous
U.S.'' Id. The Applicant asserts that it ``. . . has no transmission
``system'' of its own on which its exports of power could have a
reliability or stability impact.'' Id. at 5-6.
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#22674e474156504b414b565b0c675a524d505651624a530c464d470c454d54"><span class="__cf_email__" data-cfemail="02476e676176706b616b767b2c477a726d707671426a732c666d672c656d74">[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#8fcae3eaecfbfde6ece6fbf6a1caf7ffe0fdfbfccfe7fea1ebe0eaa1e8e0f9"><span class="__cf_email__" data-cfemail="e9ac858c8a9d9b808a809d90c7ac9199869b9d9aa98198c78d868cc78e869f">[email protected]</span></a> in
accordance with FERC Rule 214 (18 CFR 385.214).
Comments and other filings concerning Powerex's Application should
be clearly marked with GDO Docket No. EA-145-G. Additional copies are
to be provided directly to Powerex Connor Curson, Powerex Corp., 666
Burrard Street, Suite 1300, Vancouver, British Columbia Canada, V6C
2X8, <a href="/cdn-cgi/l/email-protection#44272b2a2a2b366a273136372b2a04342b332136213c6a272b29"><span class="__cf_email__" data-cfemail="20434f4e4e4f520e435552534f4e60504f57455245580e434f4d">[email protected]</span></a>, Deanna E. King, Bracewell LLP, 111
Congress Avenue, Suite 2300, Austin, Texas 78701,
<a href="/cdn-cgi/l/email-protection#fe9a9b9f90909fd095979099be9c8c9f9d9b899b9292d09d9193"><span class="__cf_email__" data-cfemail="99fdfcf8f7f7f8b7f2f0f7fed9fbebf8fafceefcf5f5b7faf6f4">[email protected]</span></a>, and Tracey L. Bradley, Bracewell LLP, 2001 M
Street NW, Suite 900, Washington, DC 20036,
<a href="/cdn-cgi/l/email-protection#abdfd9cac8ced285c9d9cacfc7ced2ebc9d9cac8cedccec7c785c8c4c6"><span class="__cf_email__" data-cfemail="691d1b080a0c10470b1b080d050c10290b1b080a0c1e0c0505470a0604">[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#01446d6462757368626875782f4479716e7375724169702f656e642f666e77"><span class="__cf_email__" data-cfemail="9fdaf3fafcebedf6fcf6ebe6b1dae7eff0edebecdff7eeb1fbf0fab1f8f0e9">[email protected]</span></a>.
Signing Authority: This document of the Department of Energy was
signed on February 16, 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 22, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-03951 Filed 2-26-24; 8:45 am]
BILLING CODE 6450-01-P
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