[Federal Register Volume 60, Number 75 (Wednesday, April 19, 1995)]
[Notices]
[Pages 19574-19575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9692]



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DEPARTMENT OF ENERGY

[FE Docket No. EA-103]


Application to Export Electricity; North American Energy 
Conservation, Inc.

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of application.

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SUMMARY: North American Energy Conservation, Inc. (NAEC)has requested 
authorization to export electric energy to Canada. NAEC is a marketer 
of electric energy. It does not own or control any electric generation 
or transmission facilities.

DATES: Comments, protests, or requests to intervene must be submitted 
on or before June 5, 1995.

ADDRESSES: Comments, protests, or requests to intervene should be 
addressed as follows: Office of Coal & Electricity (FE-52), Office of 
Fuels Programs, Fossil Energy, U.S. Department of Energy, 1000 
Independence Avenue, SW., Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT: Ellen Russell (Program Office), 202-
586-9624 or Michael T. Skinker (Program Attorney), 202-586-6667.

SUPPLEMENTARY INFORMATION: Exports of electricity from the United 
States to a foreign country are regulated and require authorization 
under section 202(e) of the Federal Power Act.
    On March 20, 1995, NAEC filed an application with the Office of 
Fossil Energy (FE) of the Department of Energy (DOE) for authorization 
to export electric energy to Canada pursuant to section 202(e) of the 
Federal Power Act. NAEC neither owns nor controls any facilities for 
the transmission or distribution of electricity, nor does it have a 
franchised retail service area. Rather, NAEC is a power marketer 
authorized by the Federal Energy Regulatory Commission (FERC) to engage 
in the wholesale sale of electricity in interstate commence at 
negotiated rates pursuant to its filed rate schedule.
    The application asserts that NAEC's suppliers and/or customers have 
been utilities in the New England Power Pool, the New York Power Pool, 
the Pennsylvania New Jersey Interconnection, and utilities in the 
eastern provinces of Canada. NAEC claims that, although it holds title 
to the electricity it sells, actual power flows are coordinated by the 
operators of the utilities supplying, transmitting, and purchasing 
NAEC's power.
    NAEC proposes to use the following cross border transmission 
facilities for which Presidential permits have been issued:

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    Presidential permit holder         Permit No.          Voltage                      Location                
----------------------------------------------------------------------------------------------------------------
Niagara Mohawk Power Corp.........  PP-31             230 kV            Devil's Hole, NY.                       
New York Power Authority..........  PP-30             230 kV            Devil's Hole, NY.                       
                                    PP-74             345 kV            Niagara Falls, NY.                      
                                    PP-56             765 kV            Fort Covington, NY.                     
                                    PP-25             230 kV            Massena, NY.                            
Long Sault........................  PP-24             115 kV            Massena, NY.                            
Joint Owners of Highgate..........  PP-82             345 kV            Highgate, VT.                           
Vermont Electric Trans. Co........  PP-76             450 kV DC         Norton, VT.                             
                                                      345 kV            Sandy Pond to Millbury #3.              
                                                      345 kV            Millbury #3 to West Medway.             
Maine Electric Power Co...........  PP-43             345 kV            Houlton, ME.                            
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    NAEC requests that FE: (1) Authorize it to export electric energy 
to Canada utilizing the transmission facilities identified above, 
without limitation as to amount or timing of the electricity exported, 
for a period of time no less than the term of the transmission 
contracts under which NAEC purchases transmission services for such 
exports; (2) authorize it to commence exports of electric energy 
utilizing non-firm transmission services immediately upon providing 
copies of the FERC transmission tariffs under which NAEC purchases such 
transmission services; (3) authorize it to commence exports of electric 
energy utilizing firm transmission service within 30 days of providing 
copies of the FERC transmission tariffs under which NAEC purchases such 
transmission services; and (4) waive the following regulatory 
requirements:
    (a) Section 205.301 that requires export applications be filed six 
months in advance of initiation of a proposed export;
    (b) Section 205.302(f) that requires a description of the 
transmission facilities through which the electric energy will be 
delivered;
    (c) Section 205.302(g) that requires a technical discussion of the 
proposed electricity export's reliability, fuel use, and system 
stability impact on the applicant's present and prospective electric 
power supply system;
    (d) Section 205.303(a) that requires a copy of the transmission 
agreement;
    (e) Section 205.303(c) that requires maps showing the applicant's 
overall electric system, as well as detailed maps;
    (f) Section 205.303(f) that requires an explanation of the 
operating procedures to be used to inform neighboring electric 
utilities in the U.S. of the available capacity and energy which may be 
in excess of the applicant's requirements before delivery of such 
capacity to the foreign purchaser, and
    (g) Section 205.308 that requires an export authorization recipient 
to file, among other documentation, annual reports of international 
transactions in addition to the information it is required to file with 
the FERC.

Procedural Matters

    Any person desiring to be heard or to protest this application 
should file a petition to intervene or protest at the address provided 
above in accordance with Secs. 385.211 or 385.214 of the Rules of 
Practice and Procedure (18 CFR 385.211, 385.214).
    Any such petitions and protests should be filed with the DOE on or 
before the date listed above. Additional copies of such petitions to 
intervene or protests also should be filed directly 
[[Page 19575]] with: Robert M. Beningson, North American Energy 
Conservation, Inc., 280 Park Avenue, Suite 2700 West, New York, NY 
10017 (212) 557-6200 (Facsimile 212-557-5678); with a copy to Robert M. 
Beningson, 74 Haviland Road, Stamford, CT 06903; AND Jeffrey Meyers and 
Harriet Moses, Esq., LeBoeuf, Lamb, Greene & MacRae, 125 W. 55th 
Street, New York, NY 10019-5389 (212) 424-8224 (Facsimile 212-424-
8500).
    Pursuant to 18 CFR 385.211, protests and comments will be 
considered by the DOE in determining the appropriate action to be 
taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a petition 
to intervene under 18 CFR 385.214. Section 385.214 requires that a 
petition to intervene must state, to the extent known, the position 
taken by the petitioner and the petitioner's interest in sufficient 
factual detail to demonstrate either that the petitioner has a right to 
participate because it is a State Commission; that it has or represents 
an interest which may be directly affected by the outcome of the 
proceeding, including any interest as a consumer, customer, competitor, 
or a security holder of a party to the proceeding; or that the 
petitioner's participation is in the public interest.
    A final decision will be made on this application after a 
determination is made by the DOE that the proposed action will not 
impair the sufficiency of electric supply within the United States or 
will not impede or tend to impede the coordination in the public 
interest of facilities in accordance with section 202(e) of the Federal 
Power Act.
    Before an export authorization may be issued, the environmental 
impacts of the proposed DOE action (i.e., granting the export 
authorization, with any conditions and limitations, or denying it) must 
be evaluated pursuant to the National Environmental Policy Act of 1969.
    Copies of this application will be made available, upon request, 
for public inspection and copying at the address provided above.

    Issued in Washington, DC, on April 13, 1995.
Anthony J. Como,
Director, Office of Coal & Electricity, Office of Fuels Programs, 
Office of Fossil Energy.
[FR Doc. 95-9692 Filed 4-18-95; 8:45 am]
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