Notice2024-08563
Application for Renewal of Authorization To Export Electric Energy; Emera Energy U.S. Subsidiary No. 2, 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
April 23, 2024
Issuing agencies
Energy Department
Abstract
Emera Energy U.S. Subsidiary No. 2, Inc. (the Applicant or EE US No. 2) 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 89 Issue 79 (Tuesday, April 23, 2024)</title>
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[Federal Register Volume 89, Number 79 (Tuesday, April 23, 2024)]
[Notices]
[Pages 30350-30351]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08563]
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DEPARTMENT OF ENERGY
[GDO Docket No. EA-312-C]
Application for Renewal of Authorization To Export Electric
Energy; Emera Energy U.S. Subsidiary No. 2, Inc.
AGENCY: Grid Deployment Office, Department of Energy.
ACTION: Notice of application.
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SUMMARY: Emera Energy U.S. Subsidiary No. 2, Inc. (the Applicant or EE
US No. 2) 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 May 23, 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#286d444d4b5c5a414b415c51066d5058475a5c5b684059064c474d064f475e"><span class="__cf_email__" data-cfemail="2c6940494f585e454f4558550269545c435e585f6c445d02484349024b435a">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Janessa Zucchetto, (240) 474-8226,
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="a0c5ccc5c3d4d2c9c3c9d4d98ec5d8d0cfd2d4d3e0c8d18ec4cfc58ec7cfd6">[email protected]</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)
under Delegation Order No. S1-DEL-S3-2023 and Redelegation Order No.
S3-DEL-GD1-2023.
On May 17, 2006, DOE issued Order No. EA-312, authorizing EE US No.
2 to transmit electric energy from the United States to Canada as a
power marketer. This authority was renewed in 2014 (Order No. EA-312-
A), and 2019 (Order No. EA-312-B). On March 22, 2024, EE US No. 2 filed
an application with DOE (Application or App) for renewal of its export
authority for an additional five-year term. App at 1.
In its Application, EE US No. 2 states it is a Delaware corporation
with its principal place of business in Kittery, Maine, and a wholly-
owned subsidiary of Emera Incorporated. App. at 1. The Applicant states
that it ``does not own or control any electric power generation or
transmission facilities and does not have a franchised electric power
service area. EE US No. 2 operates as a marketing company involved in,
among other things, the purchase and sale of electricity in the United
States as a power marketer.'' Id. at 6. EE US No. 2 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 over the international electric transmission facilities.'' Id.
at 7. Therefore, the Applicant contends that ``[b]ecause this electric
energy will be
[[Page 30351]]
purchased from others voluntarily, it will be surplus to the needs of
the selling entities. EE US No. 2's export of power will not impair the
sufficiency of electric power supply in the U.S.'' Id. Further, the
Applicant asserts its exports will comply with all applicable
requirements and export limits imposed by DOE and therefore ``will not
impede or tend to impede the coordinated use of transmission facilities
within the meaning of Section 202(e) of the FPA.'' Id. at 8.
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 the
email address provided previously. 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 the previously provided email
address in accordance with FERC Rule 214 (18 CFR 385.214).
Comments and other filings concerning EE US No. 2's Application
should be clearly marked with GDO Docket No. EA-312-C. 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#98f3fdf1ecf0b6ebedecf0fdeaf4f9f6fcd8fdf5fdeaf9fdf6fdeaffe1b6fbf7f5"><span class="__cf_email__" data-cfemail="8ee5ebe7fae6a0fdfbfae6ebfce2efe0eaceebe3ebfcefebe0ebfce9f7a0ede1e3">[email protected]</span></a>, Jeffery M. Jakubiak, Vinson & Elkins
LLP, 1114 Avenue of the Americas, 32nd Floor, New York, NY 10036,
<a href="/cdn-cgi/l/email-protection#a8e2e2c9c3ddcac1c9c3e8decdc4c9df86cbc7c5"><span class="__cf_email__" data-cfemail="bdf7f7dcd6c8dfd4dcd6fdcbd8d1dcca93ded2d0">[email protected]</span></a>, and Jennifer C. Mansh, Vinson & Elkins LLP, 2200
Pennsylvania Ave, NW, Suite 500 West, Washington, DC 20037,
<a href="/cdn-cgi/l/email-protection#561c3b3738253e1620333a37217835393b"><span class="__cf_email__" data-cfemail="33795e525d405b7345565f52441d505c5e">[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#195c757c7a6d6b707a706d60375c6169766b6d6a597168377d767c377e766f"><span class="__cf_email__" data-cfemail="a1e4cdc4c2d5d3c8c2c8d5d88fe4d9d1ced3d5d2e1c9d08fc5cec48fc6ced7">[email protected]</span></a>.
Signing Authority: This document of the Department of Energy was
signed on April 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 April 17, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-08563 Filed 4-22-24; 8:45 am]
BILLING CODE 6450-01-P
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