[Federal Register Volume 61, Number 219 (Tuesday, November 12, 1996)]
[Notices]
[Pages 58051-58052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28880]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY
[Docket No. EL97-8-000]


Enron Power Marketing, Inc. v. El Paso Electric Company; Notice 
of Supplemental Order Procedures and Denying Motion

November 5, 1996.
    Take notice that the Commission is undertaking certain procedures 
to consider an emergency application of Enron Power Marketing, Inc. 
(EPMI) seeking an order pursuant to section 202(e) of the FPA to modify 
El Paso Electric Company's (El Paso) Export Authorization in Docket No. 
EA-48-I, (authorizing El Paso to export electricity to Mexico) and/or 
to modify El Paso's Presidential Permits for its United States-Mexico 
border facilities in Docket Nos. PP-48-3 (Ascarate) and PP-92 (Diablo). 
The purpose of such modifications would be to permit the use of El 
Paso's border facilities for other United States companies to 
participate in sales of firm capacity and associated energy to Comision 
Federal De Electricidad (CFE) pursuant to CFE's September 9, 1996 
request for proposals (RFP) to provide up to a maximum of 200 MW during 
1997 in the Zone of Cuidad Juarez, Chihuahua, on the United States/
Mexico border.
    EPMI's application was originally filed with the Department of 
Energy (DOE) on October 7, 1996. EPMI asked DOE to supplement orders 
issued February 6, 1996, in Docket No. EA-102 (authorizing EPMI to 
export electricity to Mexico) and April 16, 1992, in Docket No. EA-48-I 
to require El Paso to provide EPMI nondiscriminatory transmission 
access over the United States portion of the lines connecting the 
Diablo and Ascarate substations in the United States with the 
Insurgentes and Riverena substations in Mexico. EPMI also requested 
that DOE amend El Paso's Presidential Permits, Docket No. PP-48-3 and 
Docket No. PP-92, to the extent necessary to grant EPMI's request.
    On November 1, 1996, the Secretary of Energy issued Delegation 
Order No. 0204-163, which delegated to the Commission the authority to 
modify or condition El Paso's Presidential Permits for its border 
facilities in Docket Nos. PP-48-3 and PP-92, or El Paso's authorization 
to export in Docket No. EA-48-I, or both. DOE authorized the Commission 
to take actions necessary, if any, to effectuate open access 
transmission over the lines connecting the Diablo and Ascarate 
substations in the United States with the Insurgentes and Riverena 
substations in Mexico. EPMI's October 7, 1996 application initially 
filed with DOE has been

[[Page 58052]]

docketed as Docket No. EL97-8-000 and pleadings filed at DOE in 
response to that application are incorporated into the record in Docket 
No. EL97-8-000.
    In a pleading filed November 1, 1996, EPMI informed the Commission 
that CFE will select the winning bidder on November 7, 1996, and the 
chosen supplier will have 10 days from that time (November 17, 1996) to 
demonstrate that it has transmission service to meet the CFE's 
requirements. El Paso filed an emergency motion on November 1, 1996, 
requesting a period of time no earlier than December 2, 1996, in which 
to submit a response to EPMI's October 7, 1996 application. El Paso 
states that it will, assuming its system has capacity, voluntarily 
provide the service sought by EPMI, as well as service to any entity 
that is selected by CFE as a result of its September 9, 1996 RFP, ``at 
rates, terms and conditions that are identical to those incorporated in 
its Open Access Transmission Tariff'' but ``under a separate agreement 
that is not subject to the jurisdiction of the Commission,'' pending 
final action on EPMI's application. On November 4, 1996, EPMI filed an 
answer to El Paso's motion stating that it does not oppose El Paso's 
requests as long as: (1) El Paso's commitment to provide voluntary 
service is fully enforceable in future compliance or complaint 
proceedings before the Commission under sections 205 and 206 of the 
FPA; and (2) EPMI is afforded an opportunity to respond to the 
arguments that El Paso may make.
    Given the time constraints involved in this proceeding, we believe 
it necessary to provide hearing procedures that will afford El Paso 
with an ``opportunity for hearing'' required in section 202(e) of the 
FPA, the Presidential Permits or the Executive Orders under which such 
permits were issued, or in El Paso's export authorization from DOE 
before November 17, 1996, on the issues raised in EPMI's October 7, 
1996, application. El Paso's motion does not provide sufficient 
reassurance that service will be available to EPMI or another winning 
bidder during the pendency of this proceeding because, as EPMI notes, 
El Paso does not believe that service is enforceable by this Commission 
under the Federal Power Act and has provided potential suppliers to CFE 
no other means of ensuring that service will be provided. As a result, 
unless El Paso in the immediate future provides sufficient reassurance 
that service will be available during the pendency of this proceeding, 
timely action on this complaint is necessary. Thus, we will grant El 
Paso's motion only if, by November 8, El Paso agrees in writing to 
offer to the winning bidder selected by CFE an enforceable contract for 
the year 1997 to provide the necessary transmission services at rates, 
terms and conditions consistent with the comparability and non-
discriminatory principles articulated in Order No. 888. Further, El 
Paso must by November 8 agree to abide by the Commission's resolution 
of any disputes that arise under such contract, pending Commission 
resolution of the jurisdictional issues presented in this proceeding.
    If El Paso does not provide this written consent by November 8, any 
person desiring to be heard or to protest or answer EPMI's filing in 
Docket No. EL97-8-000, including El Paso, should file a motion to 
intervene, protest, or answer, including supporting materials, with the 
Federal Energy Regulatory Commission, 888 First Street, N.E., 
Washington, D.C. 20426, in accordance with Rules 214, 211 and 213 of 
the Commission's Rules of Practice and Procedure (18 CFR Secs. 385.214, 
211, 213). All such motions, protests, answers, and supporting 
materials, must be filed on or before November 12, 1996. Protests will 
be considered by the Commission 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 motion to 
intervene. Copies of this filing are on file with the Commission and 
are available for public inspection.

    By direction of the Commission.
Lois D. Cashell,
Secretary.
[FR Doc. 96-28880 Filed 11-8-96; 8:45 am]
BILLING CODE 6717-01-M