[Federal Register Volume 63, Number 67 (Wednesday, April 8, 1998)]
[Notices]
[Page 17162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9192]


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DEPARTMENT OF ENERGY

[FE Dockets No. PP-177 and EA-177]


Applications for Presidential Permit and Electricity Export 
Authorization Burke-Divide Electric Cooperative, Inc.

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of applications.

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SUMMARY: Burke-Divide Electric Cooperative, Inc. (Burke-Divide), a 
rural electric cooperative headquartered in Columbus, North Dakota, has 
applied for a Presidential permit to construct, connect, operate and 
maintain a new electric transmission facility across the U.S. border 
with Canada. In addition, Burke-Divide has applied for authorization to 
export electric energy to Canada.

DATES: Comments, protests, or requests to intervene must be submitted 
on or before May 8, 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, S.W., Washington, D.C. 20585-0350.

FOR FURTHER INFORMATION CONTACT: Xavier Puslowski (Program Office) 202-
586-4708 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. Exports of electricity from the United States to a 
foreign country are also regulated and require authorization under 
section 202(e) of the Federal Power Act (FPA) (16 U.S.C. 824a(e)).
    On March 18, 1998, Burke-Divide filed an application with the 
Office of Fossil Energy (FE) of the Department of Energy (DOE) for a 
Presidential permit. Burke-Divide proposes to construct approximately 
one mile of 12.47 kilovolt (kV) distribution line in North Star 
Township, Burke County, North Dakota, north to the Canadian border. In 
a separate application, also filed on March 18, 1998, Burke-Divide 
applied for authorization to export electric energy to Canada, using 
this proposed facility, pursuant to section 202(e) of the FPA.
    The purpose of the proposed line and export authorization is to 
supply electric energy to a rail car loading facility located 
approximately 2000 feet north of the United States border with Canada 
in the Province of Saskatchewan, Canada. The proposed line would extend 
from the present dead end of a 12.47 kV distribution line that itself 
originates at Burke-Divide's Bowbells Substation. The substation will 
not be enlarged, nor will new generation be required to supply the 
proposed load.
    Burke-Divide does not own or operate any generating facilities. The 
electric energy Burke-Divide proposes to export will be supplied from 
its Western Area Power Administration allocation or purchased from 
Upper Missouri G&T Association (Upper Missouri). Upper Missouri also 
does not own generating facilities, but purchases its power needs from 
Basin Electric Power Cooperative, a generation and transmission 
cooperative headquartered in Bismarck, North Dakota.
    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 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. Keith Berg, General Manager, Burke-Divide Electric Cooperative, 
Inc., P.O. Box 6, Columbus, North Dakota 58727-0006.
    Before a Presidential permit or electricity export authorization 
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 actions pursuant to the National Environmental 
Policy Act of 1969. For a Presidential permit, DOE also must obtain the 
concurrences of the Secretary of State and the Secretary of Defense 
before taking final action.
    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 1, 1998.
Anthony J. Como,
Manager, Electric Power Regulation, Office of Coal & Power Im/Ex, 
Office of Coal & Power Systems, Office of Fossil Energy.
[FR Doc. 98-9192 Filed 4-7-98; 8:45 am]
BILLING CODE 6450-01-P