[Federal Register Volume 61, Number 217 (Thursday, November 7, 1996)]
[Notices]
[Pages 57664-57665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28670]


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DEPARTMENT OF ENERGY
[Docket No. EA-102-A]


Application for Supplemental Order; Enron Power Marketing, Inc.

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of application.

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SUMMARY: Enron Power Marketing, Inc. (Enron) has submitted an 
application to supplement its Order in FE Docket EA-102 authorizing 
exports of electricity to Mexico. Specifically, Enron is seeking an 
order that will require El Paso Electric Company (EPE) to provide 
nondiscriminatory transmission access to Mexico using the two cross 
border transmission lines owned by EPE.

DATES: Comments, protests or requests to intervene must be submitted on 
or before December 9, 1996.

ADDRESSES: Comments, protests or requests to intervene should be 
addressed as follows: Office of Coal & Electricity (FE-52), Office of 
Fuels Programs, Office of Fossil Energy, Department of Energy, 1000 
Independence Avenue, SW, Washington, DC 20585 (FAX 202-287-5736).

FOR FURTHER INFORMATION CONTACT: Ellen Russell (Program Office) 202-
586- 9624 or Michael 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 (FPA) (16 U.S.C. 
Sec. 824a(e)).
    On February 6, 1996, the Office of Fossil Energy (FE) of the 
Department of Energy (DOE) issued Order EA-102 to EPMI authorizing it 
to export electric energy to Mexico pursuant to section 202(e) of the 
Federal Power Act (FPA). Among other things, Order EA-102 allowed EPMI 
to transmit the exported energy over the two 115-kV international 
transmission lines owned and operated by EPE. The construction and 
operation of these lines was previously authorized by Presidential 
Permits PP-48-3 and PP-92, issued by the DOE on December 13, 1990, and 
April 16, 1992, respectively. The authority contained in Order EA-102 
was conditioned on EPMI obtaining the necessary transmission service to 
wheel the exported energy from the source(s) to the U.S. border with 
Mexico. However, Order EA-102 did not require any transmission system 
to provide service.
    EPE presently has a contract for the sale of electric power to the 
Comision Federal de Electricidad (CFE, the national electric utility of 
Mexico). That contract expires in December 1996 and CFE has solicited 
bids from EPE and other entities for the supply of firm power starting 
in 1997. In order to complete a proposal in response to CFE's 
solicitation, on July 18, 1996, EPMI requested that EPE provide firm 
point-to-point transmission service under EPE's open access tariff 
filed with the Federal Energy Regulatory Commission (FERC) pursuant to 
Order 888. On August 30, 1996, EPE denied EPMI's request for several 
reasons.
    On September 13, 1996, EPMI filed a complaint with the FERC under 
section 206 of the FPA alleging that EPE's denial of transmission 
service was unjust, unreasonable, unduly discriminatory, 
anticompetitive, and in violation of EPE's open-access transmission 
tariff on file with the FERC. On October 4, 1996, the FERC granted 
EPMI's requested relief and ordered EPE to provide transmission service 
(under its FERC-filed open-access tariff) from designated points of 
receipt between EPE and other U.S. utilities to EPE's Diablo and 
Ascarate substations in the United States. However, the FERC determined 
that it did not have jurisdiction to order EPE to provide comparable 
transmission service over the U.S. portion of EPE's transmission lines 
connecting the Diablo and Ascarate substations with CFE's Insurgentes 
and Riverena substations in Mexico. Accordingly, on October 7, 1996, 
EPMI filed an application requesting the DOE to order EPE to provide 
nondiscriminatory transmission access over EPE's two 115-kV 
international transmission lines extending from EPE's Diablo and 
Ascarate substations. EPMI requested that this be accomplished by: (1) 
Supplementing Order EA-102; (2) amending EPE's electricity export 
authorization contained in Order EA-48-I; and (3) amending Presidential 
Permits PP-48-3 and PP-92.
    On October 29, 1996, the Secretary of Energy signed Delegation 
Order No. 0204-163, which delegated and assigned to the FERC authority 
to carry out such functions vested in the Secretary to regulate access 
to, and the rates, terms and conditions for, transmission services over 
these EPE facilities. This authority was delegated to FERC for the sole 
purpose of authorizing FERC to take any actions necessary to effectuate 
open access transmission over the United States portion of EPE's 
electric transmission lines connecting the Diablo and Ascarate 
substations in the United States with the Insurgentes and Riverena 
substations in Mexico. Notice and a copy of the Delegation Order were 
published in the Federal Register on November 1, 1996 at 61 FR 56525.

PROCEDURAL MATTERS: Any person desiring to be heard or to protest this 
application should file comments, protests or petitions to intervene at 
the address provided above in accordance with Secs. 385.211 or 385.214 
of the Rules of Practice and Procedure (18 C.F.R. 385.211, 385.214). 
Fifteen copies of such comments, protests or petitions to intervene 
should be filed with the DOE on or before the date listed above. 
Additional copies are to be filed directly with: Richard S. Shapiro, 
Enron Power Marketing, Inc., 1400 Smith Street (77002), Post Office Box 
1188, Houston, TX 77251-1188 (FAX: 713-646-8160) AND Joseph R. Hartsoe, 
Enron Washington, Inc., 750 17th Street, NW, Suite 400, Washington, DC 
20006-4607 (FAX 202-466-3450).
    Pursuant to 18 C.F.R. 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 C.F.R.

[[Page 57665]]

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 security holder of a 
party to the proceeding; or that the petitioner's participation is in 
the public interest.
    On the date this notice was issued DOE had already received 
interventions in this docket from NorAm Energy Services, Inc., Destec 
Power Services, Inc., Southwestern Public Service Company, Detroit 
Edison Company, and the Public Utility Commission of Texas. These 
entities are accepted as parties to this proceeding and need not 
reapply.
    A final decision will be made on this application after the 
environmental impacts of the proposed action has been evaluated 
pursuant to the National Environmental Policy Act of 1969 (NEPA), and a 
determination is made by the DOE that the proposed action will not 
adversely impact on the 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.

    Issued in Washington, DC on November 1, 1996.
Anthony J. Como,
Director, Office of Coal & Electricity, Office of Fuels Programs, 
Office of Fossil Energy.
[FR Doc. 96-28670 Filed 11-6-96; 8:45 am]
BILLING CODE 6450-01-P