Notice2024-14419
Application To Amend Presidential Permit; El Paso Electric Company
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
July 1, 2024
Issuing agencies
Energy Department
Abstract
El Paso Electric Company (EPE or Applicant) has applied to amend Presidential Permit No. PP-48 to reflect a change in counterparty. Concurrent with this request, the Department of Energy (DOE or Department) intends to amend the permit to incorporate reference to the North American Electric Reliability Corporation and Western Systems Coordinating Council, as applicable, pursuant to the Federal Power Act.
Full Text
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<title>Federal Register, Volume 89 Issue 126 (Monday, July 1, 2024)</title>
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[Federal Register Volume 89, Number 126 (Monday, July 1, 2024)]
[Notices]
[Pages 54449-54450]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14419]
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DEPARTMENT OF ENERGY
[GDO Docket No. PP-48-4]
Application To Amend Presidential Permit; El Paso Electric
Company
AGENCY: Grid Deployment Office, Department of Energy.
ACTION: Notice of application.
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SUMMARY: El Paso Electric Company (EPE or Applicant) has applied to
amend Presidential Permit No. PP-48 to reflect a change in
counterparty. Concurrent with this request, the Department of Energy
(DOE or Department) intends to amend the permit to incorporate
reference to the North American Electric Reliability Corporation and
Western Systems Coordinating Council, as applicable, pursuant to the
Federal Power Act.
DATES: Comments, protests, or motions to intervene must be submitted on
or before July 31, 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#57123b323423253e343e232e79122f2738252324173f267933383279303821"><span class="__cf_email__" data-cfemail="783d141d1b0c0a111b110c01563d0008170a0c0b381009561c171d561f170e">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Brett Thompson, (202) 288-2028,
<a href="/cdn-cgi/l/email-protection#93d6fff6f0e7e1faf0fae7eabdd6ebe3fce1e7e0d3fbe2bdf7fcf6bdf4fce5"><span class="__cf_email__" data-cfemail="e3a68f868097918a808a979acda69b938c919790a38b92cd878c86cd848c95">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The construction, operation, maintenance,
and connection of facilities at the international border of the United
States for the transmission of electric energy between the United
States and a foreign country is prohibited in the absence of a
Presidential permit issued by the Secretary of Energy pursuant to
Executive Order (E.O.) 10485, as amended by E.O. 12038. On April 10,
2023, the authority to issue such permits was delegated to the DOE's
Grid Deployment Office by Delegation Order
[[Page 54450]]
No. S1-DEL-S3-2023 and Redelegation Order No. S3-DEL-GD1-2023.
On May 21, 1946, Presidential Permit No. PP-48 (formally, FPC
Docket IT-5762) was granted to EPE authorizing construction, operation,
maintenance, and connection, of a 69-kilovolt (kV) transmission line at
the international border between the U.S. and Mexico. Presidential
Permit No. PP-48 was amended on March 15, 1949 (Docket No. PP-48-1),
November 26, 1958 (Docket No. PP-48-2), and December 13, 1990 (Docket
No. PP-48-3). On May 1, 2024, EPE filed an application with DOE
(Application or App.) requesting to amend Presidential Permit No. PP-48
to reflect a change in counterparty from Comisi[oacute]n Federal de
Electricidad (CFE) to the Centro Nacional de Control de Energ[iacute]a
(CENACE). App. at 2.
According to the Application, EPE and CFE entered into an
Interchange Agreement (Enabling Contract) to ``govern the exchange of
power between the two countries.'' Id. EPE states that ``reforms in
Mexico have resulted in CFE no longer being responsible for energy
transactions with EPE pursuant to the Enabling Contract. Rather,
[CENACE] now operates [Mexico's] the wholesale electricity market, has
operational control of the national electric system, and establishes
energy imports and exports for reliability and emergency situations.''
Id. EPE states that the Enabling Contract was assigned from CFE to
CENACE effective April 16, 2024. Id. EPE requests that DOE amend
Presidential Permit No. PP-48 to reflect CENACE as the counterparty
rather than CFE and confirm that the permit will remain applicable to
the Enabling Contract now that it has been assigned to CENACE. Id.
Additionally, Article 3 of Presidential Permit No. PP-48-3 also
provides that ``[t]he facilities . . . will be designed and operated in
accordance with the applicable criteria established by the Inland Power
Pool, and consistent with the Western Systems Coordinating Council.''
PP-48-3 at 6. Issuance of the permit preceded the enactment of the
Energy Policy Act of 2005, which added section 215 to the Federal Power
Act and allowed the Federal Energy Regulatory Commission to certify an
Electric Reliability Organization to develop enforceable reliability
standards for the Nation's bulk-power system. The certified
organization, the North American Electric Reliability Corporation
(NERC), oversees several Regional Entities, one of which is the Western
Electricity Coordinating Council (WECC). Therefore, concurrent with
reviewing EPE's request to modify Presidential Permit No. PP-48 to
reflect the substitution of CENACE for CFE, the Department intends to
revise Article 3 to substitute the full names of NERC and WECC, as
applicable.
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#4e0b222b2d3a3c272d273a37600b363e213c3a3d0e263f602a212b60292138"><span class="__cf_email__" data-cfemail="c782aba2a4b3b5aea4aeb3bee982bfb7a8b5b3b487afb6e9a3a8a2e9a0a8b1">[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#b6f3dad3d5c2c4dfd5dfc2cf98f3cec6d9c4c2c5f6dec798d2d9d398d1d9c0"><span class="__cf_email__" data-cfemail="f6b39a939582849f959f828fd8b38e8699848285b69e87d8929993d8919980">[email protected]</span></a> in accordance with FERC Rule 214 (18 CFR
385.214).
Comments and other filings concerning El Paso Electric Company's
Application should be clearly marked with GDO Docket No. PP-48-4.
Additional copies are to be provided directly to Abe Gonzalez, El Paso
Electric, P.O. Box 982, El Paso, Texas 79960,
<a href="/cdn-cgi/l/email-protection#402122256e272f2e3a212c253a002530252c2523343229236e232f2d"><span class="__cf_email__" data-cfemail="09686b6c276e66677368656c73496c796c656c6a7d7b606a276a6664">[email protected]</span></a>.
Before a Presidential permit may be issued, DOE must determine
whether the proposed action is in the public interest. In making that
determination, DOE will consider the environmental impacts of the
proposed action (i.e., granting the Presidential permit, with any
conditions and limitations, or denying the permit) pursuant to DOE's
National Environmental Policy Act Implementing Procedures (10 CFR part
1021); determine the Applicant's proposed project's impact on electric
reliability by ascertaining whether the proposed project would
adversely affect the operation of the U.S. electric power supply system
under normal and contingency conditions; and weigh any other factors
that DOE may also consider relevant to the public interest. DOE also
must obtain the favorable recommendation of the Secretary of State and
the Secretary of Defense before taking final action on a Presidential
permit application.
EPE's Application may be reviewed or downloaded electronically 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#256049404651574c464c515c0b605d554a575156654d540b414a400b424a53"><span class="__cf_email__" data-cfemail="4d0821282e393f242e2439346308353d223f393e0d253c63292228632a223b">[email protected]</span></a>. 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#652009000611170c060c111c4b201d150a171116250d144b010a004b020a13"><span class="__cf_email__" data-cfemail="195c757c7a6d6b707a706d60375c6169766b6d6a597168377d767c377e766f">[email protected]</span></a>.
Signing Authority: This document of the Department of Energy was
signed on June 24, 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 June 26, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-14419 Filed 6-28-24; 8:45 am]
BILLING CODE 6450-01-P
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