Notice2024-06205
Application for Renewal of Authorization To Export Electric Energy; Luminant Energy Company 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
March 25, 2024
Issuing agencies
Energy Department
Abstract
Luminant Energy Company LLC (the Applicant or LUME) 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 58 (Monday, March 25, 2024)</title>
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[Federal Register Volume 89, Number 58 (Monday, March 25, 2024)]
[Notices]
[Pages 20643-20644]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06205]
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DEPARTMENT OF ENERGY
[GDO Docket No. EA-471-A]
Application for Renewal of Authorization To Export Electric
Energy; Luminant Energy Company LLC
AGENCY: Grid Deployment Office, Department of Energy.
ACTION: Notice of application.
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SUMMARY: Luminant Energy Company LLC (the Applicant or LUME) 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 April 24, 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#1c5970797f686e757f7568653259646c736e686f5c746d32787379327b736a"><span class="__cf_email__" data-cfemail="b8fdd4dddbcccad1dbd1ccc196fdc0c8d7cacccbf8d0c996dcd7dd96dfd7ce">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Christina Gomer, (240) 474-2403,
<a href="/cdn-cgi/l/email-protection#cd88a1a8aeb9bfa4aea4b9b4e388b5bda2bfb9be8da5bce3a9a2a8e3aaa2bb"><span class="__cf_email__" data-cfemail="591c353c3a2d2b303a302d20771c2129362b2d2a193128773d363c773e362f">[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 July 18, 2019, DOE issued Order No. EA-471 authorizing LUME to
transmit electric energy from the United States to Mexico as a power
marketer. On February 12, 2024, LUME 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 its application, LUME is a Texas limited liability
company and indirect, wholly-owned subsidiary of Vistra Corp. (Vistra).
Id. at 2. LUME states it manages the optimization, marketing, and
deployment of
[[Page 20644]]
approximately 18,000 megawatts (MW) of generation capacity located
within the Electric Reliability Council of Texas (ERCOT) market. Id.
LUME represents that it also manages power purchase agreements and
meets the energy supply requirements of various competitive retail
energy service providers within ERCOT, is certified as a Qualified
Scheduling Entity with ERCOT, and is registered with the Public
Utilities Commission of Texas as a wholesale power marketer. Id. The
Applicant is also authorized to sell wholesale electric energy,
capacity, and ancillary services outside of ERCOT at market-based rates
pursuant to authority granted by the Federal Energy Regulatory
Commission (FERC). Id.
Vistra, LUME's parent company, ``operates a generation portfolio of
approximately 37,000 MWs of natural gas, nuclear, coal, battery, and
solar facilities in 20 states and the District of Columbia and in six
of the seven competitive markets in the United States.'' App. at 2.
LUME states that neither it nor its affiliates ``directly or indirectly
own or control any transmission facilities other than those limited and
discrete facilities interconnecting its electric generation facilities
to the grid.'' Id. at 3. LUME further states that neither it nor any of
its affiliates has a franchised service area. Id. Further, LUME notes
its proposed exports would be surplus electricity and that market
mechanisms and reliability oversite protect against exports that would
jeopardize domestic sufficiency of supply. See id. at 5 n.13. LUME also
asserts that because it will schedule its exports from the U.S. in
compliance with all applicable criteria, standards, and guidelines, its
proposed exports will not impede reliability. Id. at 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#0e4b626b6d7a7c676d677a77204b767e617c7a7d4e667f206a616b20696178"><span class="__cf_email__" data-cfemail="f5b099909681879c969c818cdbb08d859a878186b59d84db919a90db929a83">[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#62270e070116100b010b161b4c271a120d101611220a134c060d074c050d14"><span class="__cf_email__" data-cfemail="eeab828b8d9a9c878d879a97c0ab969e819c9a9dae869fc08a818bc0898198">[email protected]</span></a> in
accordance with FERC Rule 214 (18 CFR 385.214).
Comments and other filings concerning LUME's Application should be
clearly marked with GDO Docket No. EA-471-A. Additional copies are to
be provided directly to Jessica Miller and Heather Moreno, VISTRA
CORP., 1005 Congress Ave., Suite 750, Austin TX 78701,
<a href="/cdn-cgi/l/email-protection#d0bab5a3a3b9b3b1febdb9bcbcb5a290a6b9a3a4a2b1b3bfa2a0feb3bfbd"><span class="__cf_email__" data-cfemail="18727d6b6b717b7936757174747d6a586e716b6c6a797b776a68367b7775">[email protected]</span></a>, <a href="/cdn-cgi/l/email-protection#741c1115001c11065a191b06111a1b34021d07000615171b06045a171b19"><span class="__cf_email__" data-cfemail="2c44494d5844495e0241435e4942436c5a455f585e4d4f435e5c024f4341">[email protected]</span></a>,
<a href="/cdn-cgi/l/email-protection#1f49766c6b6d7e595a4d5c5f69766c6b6d7e7c706d6f317c7072"><span class="__cf_email__" data-cfemail="73251a000701123536213033051a00070112101c01035d101c1e">[email protected]</span></a>, and Stephen J. Hug and Ben N. Reiter, AKIN
GUMP STRAUSS HAUER & FELD LLP, 2001 K Street NW, Washington, DC 20006,
<a href="/cdn-cgi/l/email-protection#d3a0bba6b493b2b8babdb4a6bea3fdb0bcbe"><span class="__cf_email__" data-cfemail="d7a4bfa2b097b6bcbeb9b0a2baa7f9b4b8ba">[email protected]</span></a>, <a href="/cdn-cgi/l/email-protection#4d2f3f282439283f0d2c2624232a38203d632e2220"><span class="__cf_email__" data-cfemail="93f1e1f6fae7f6e1d3f2f8fafdf4e6fee3bdf0fcfe">[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#642108010710160d070d101d4a211c140b161017240c154a000b014a030b12"><span class="__cf_email__" data-cfemail="f6b39a939582849f959f828fd8b38e8699848285b69e87d8929993d8919980">[email protected]</span></a>.
Signing Authority: This document of the Department of Energy was
signed on March 18, 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 March 20, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-06205 Filed 3-22-24; 8:45 am]
BILLING CODE 6450-01-P
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