[Federal Register Volume 63, Number 64 (Friday, April 3, 1998)]
[Notices]
[Pages 16486-16487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8759]


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DEPARTMENT OF ENERGY

[FE Docket No. PP-174]


Application for Presidential Permit, Imperial Irrigation District

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of application.

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SUMMARY: Imperial Irrigation District (IID), an instrumentality of the 
State of California, has applied for a Presidential permit to 
construct, connect, operate and maintain a new electric transmission 
facility across the U.S. border with Mexico.

DATES: Comments, protests, or requests to intervene must be submitted 
on or before May 4, 1998.

ADDRESSES: Comments, protests, or requests to intervene should be 
addressed as follows: Office of Coal & Power Import and Export (FE-27), 
Office of Fossil Energy, U.S. Department of Energy, 1000 Independence 
Avenue SW., Washington, DC 20585-0350.

FOR FURTHER INFORMATION CONTACT: Steven Mintz (Program Office) 202-586-
9506 or Michael T. Skinker (Program Attorney) 202-586-6667.

SUPPLEMENTARY INFORMATION: The construction, connection, operation, and 
maintenance 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 pursuant to Executive Order (EO) 10485, as 
amended by EO 12038.
    On February 17, 1998, IID filed an application with the Office of 
Fossil Energy (FE) of the Department of Energy (DOE) for a Presidential 
permit. IID proposes to expand its existing Bravo Substation in the 
vicinity of Calexico, California, by 5,825 square feet and to construct 
either 2,100 feet (Option 1) or 200 feet (Option 2) of 230-kilovolt 
(kV) transmission line from the enlarged substation to the U.S. border 
with Mexico.
    Under Option 1, IID would construct approximately 2,100 feet of new 
230-kV transmission line from the expanded Bravo Substation to the U.S. 
border with Mexico. Construction would occur within the right-of-way of 
IID's All American Canal and would require placing six to eight 
transmission support structures within the All American Canal right-of-
way. Under Option 2, IID would construct approximately 200 feet of new 
230-kV transmission line from the expanded Bravo Substation due south, 
crossing Anza Road (a rural road) 60 feet north of the international 
border. This option would not require the placing of any transmission 
support structures within the U.S.
    IID proposes to enter into a contract with Comision Federal de 
Electricidad (CFE), the national electric utility of Mexico, to provide 
electrical services including energy, transmission, and ancillary 
services to CFE's Aeropuerto Substation load. The electric energy IID 
proposes to transmit to CFE would be provided from the IID system 
resources or from energy purchased by IID from other generation sources 
within the U.S. In providing these services, IID may acquire and take 
title to energy and sell such acquired energy to CFE. Alternatively, 
IID may also transmit energy for CFE that CFE acquires directly from a 
third party.
    As IID is an instrumentality of the State of California, it is not 
jurisdictional to Section 202(e) of the Federal Power Act (FPA) and, 
therefore, not required to obtain an electricity export authorization 
prior to commencing exports to CFE. However, other non-governmental 
entities providing direct sales of electric energy to CFE using the 
facilities proposed by IID will require an electricity export 
authorization from FE.
    Since the restructuring of the electric power industry began, 
resulting in the introduction of different types of competitive 
entities into the marketplace, DOE has consistently expressed its 
policy that cross-border trade in electric energy should be subject to 
the same principles of comparable open access and non-discrimination 
that apply to transmission in interstate commerce. DOE has stated that 
policy in export authorizations granted to entities requesting 
authority to export over international transmission facilities. 
Specifically, DOE expects transmitting utilities owning border 
facilities constructed pursuant to Presidential permits to provide 
access across the border in accordance with the principles of 
comparable open access and non-discrimination contained in the FPA and 
articulated in Federal Energy Regulatory Commission Order Nos. 888 and 
888-A (Promoting Wholesale Competition Through Open Access

[[Page 16487]]

Non-Discriminatory Transmission Services by Public Utilities). In 
furtherance of this policy, DOE intends to condition any Presidential 
permit issued in this proceeding on compliance with these open access 
principles.

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 section 385.211 or 385.214 of the Federal 
Energy Regulatory Commission's Rules of Practice and Procedure (18 CFR 
385.211, 385.214).
    Fifteen copies of 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 protest also should be filed directly with: 
Mr. Joseph H. Rowley, Assistant Manager, Power Department, Imperial 
Irrigation District, P.O. Box 937, Imperial, CA 922512.
    Before a Presidential permit may be issued or amended, the DOE must 
determine that the proposed action will not adversely impact on the 
reliability of the U.S. electric power supply system and also consider 
the environmental impacts of the proposed action pursuant to the 
National Environmental Policy Act of 1969. DOE also must obtain the 
concurrence of the Secretary of State and the Secretary of Defense 
before taking final action on a Presidential permit application.
    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 March 30, 1998.
Anthony J. Como,
Manager, Electric Power Regulation, Office of Coal & Power Im/Ex, 
Office of Fossil Energy.
[FR Doc. 98-8759 Filed 4-2-98; 8:45 am]
BILLING CODE 6450-01-P