[Federal Register: November 24, 2008 (Volume 73, Number 227)]
[Notices]               
[Page 70987-70988]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no08-85]                         

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DEPARTMENT OF ENERGY

[OE Docket No. EA-145-D]

 
Application To Export Electric Energy; Powerex Corp.

AGENCY: Office of Electricity Delivery and Energy Reliability, DOE.

ACTION: Notice of Application.

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SUMMARY: Powerex Corp. (Powerex) has applied for renewal of its 
authority to transmit electric energy from the United States to Mexico 
pursuant to section 202(e) of the Federal Power Act.

DATES: Comments, protests, or requests to intervene must be submitted 
on or before December 24, 2008.

ADDRESSES: Comments, protests, or requests to intervene should be 
addressed as follows: Office of Electricity Delivery and Energy 
Reliability, Mail Code: OE-20, U.S. Department of Energy, 1000 
Independence Avenue, SW., Washington, DC 20585-0350 (FAX 202-586-8008).

FOR FURTHER INFORMATION CONTACT: Ellen Russell (Program Office) 202-
586-9624 or Michael Skinker (Program Attorney) 202-586-2793.

SUPPLEMENTARY INFORMATION: Exports of electricity from the United 
States to a foreign country are regulated by the Department of Energy 
(DOE) pursuant to sections 301(b) and 402(f) of the Department of 
Energy Organization Act (42 U.S.C. 7151(b), 7172(f)) and require 
authorization under section 202(e) of the FPA (16 U.S.C. 824a(e)).
    On May 30, 1997, the Department of Energy (DOE) issued Order No. 
EA-145 authorizing Powerex to transmit electric energy from the United 
States to Mexico as a power marketer for a two-year term. That Order 
was subsequently renewed on June 18, 1999, in Order No. EA-145-A; on 
August 13, 2001, in Order No. EA-145-B; and on April 26, 2004, in Order 
No. EA-145-C. The current export authorization will expire on April 26, 
2009. On October 23, 2008, Powerex filed an application with DOE to 
renew the export authority contained in Order No. EA-145-C for an 
additional five-year term.
    Powerex, the wholly owned marketing subsidiary of the British 
Columbia Hydro and Power Authority (BC Hydro), does not own or control 
any transmission facilities nor does it have a franchised service area. 
The electric energy which Powerex proposes to export to Mexico would be 
surplus energy purchased from BC Hydro or other Canadian utilities, 
from other power marketers, independent power producers, or U.S. 
electric utilities and Federal power marketing agencies in the United 
States.
    Powerex will arrange for the delivery of exports to Mexico over the 
international transmission facilities owned by San Diego Gas & Electric 
Company. The construction, operation, maintenance, and connection of 
each of the international transmission facilities to be utilized by 
Powerex was previously authorized by a Presidential permit issued 
pursuant to Executive Order 10485, as amended.
    DOE expects exporters of electric energy to obtain the necessary 
authorization from DOE to export electricity and to abide by the terms 
and conditions established for such export in the Orders issued by DOE, 
including any term limit for the authorization and the requirement to 
create and preserve full and complete records and file quarterly 
reports. Failure to first obtain an Order authorizing the export of 
electricity, or continuing to export after the expiration of such an 
Order, may result in a denial of authorization to export in the future 
and subject the exporter to sanctions and penalties under the FPA. DOE 
also expects transmitting utilities owning border facilities and 
entities charged with the operational control of those border 
facilities, such as Independent System Operators or RTO's, to verify 
that companies seeking to schedule an electricity export have the 
requisite authority from DOE to export such power.
    Procedural Matters: Any person desiring to become a party to these 
proceedings or to be heard by filing comments or protests to this 
application should file a petition to intervene, comment, or protest at 
the address provided above in accordance with Sec. Sec.  385.211 or 
385.214 of the Federal Energy Regulatory Commission's Rules of Practice 
and Procedures (18 CFR 385.211, 385.214). Fifteen copies of each 
comment, petition, and protest should be filed with DOE on or before 
the dates listed above.
    All filings in this proceeding should be clearly marked with Docket 
No. EA-145-D. Additional copies are to be filed directly with Mike 
MacDougall, Director, Trade Policy, Powerex Corp., 666 Burrard Street, 
Suite 1400, Vancouver, British Columbia, Canada V6C 2X8.
    A final decision will be made on this application after the 
environmental impacts have been evaluated pursuant to the National 
Environmental Policy Act of 1969, and a determination is made by DOE 
that the proposed action will not adversely impact on the

[[Page 70988]]

reliability of the U.S. electric power supply system.
    Copies of this application will be made available, upon request, 
for public inspection and copying at the address provided above, by 
accessing the program Web site at http://oe.energy.gov/permits_
pending.htm, or by emailing Odessa Hopkins at 
odessa.hopkins@hq.doe.gov.

    Issued in Washington, DC, on November 19, 2008.
Anthony J. Como,
Director, Permitting and Siting, Office of Electricity Delivery and 
Energy Reliability.
[FR Doc. E8-27836 Filed 11-21-08; 8:45 am]

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