[Federal Register Volume 63, Number 169 (Tuesday, September 1, 1998)]
[Notices]
[Pages 46426-46427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23482]


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DEPARTMENT OF ENERGY

[FE Docket No. PP-192]


Application for Presidential Permit, NRG Energy, Inc.

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of application.

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SUMMARY: NRG Energy, Inc. (NRG) has applied for a Presidential permit 
to construct, connect, operate and maintain an electric transmission 
facility across the U.S. border with Mexico. The proposed facility is a 
500,000-volt (500-kV) transmission line originating at the switchyard 
of the Palo Verde Nuclear Generating Station and extending 
approximately 177 miles to the southwest where it will cross the U.S. 
border with Mexico in the vicinity of Calixico, California.

DATES: Comments, protests, or requests to intervene must be submitted 
on or before October 1, 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: Ellen Russell (Program Office) 202-
586-9624 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 August 17, 1998, NRG, an independent power producer and wholly-
owned subsidiary of Northern States Power Company, filed an application 
with the Office of Fossil Energy (FE) of the Department of Energy (DOE) 
for a Presidential permit. NRG proposes to construct approximately 177 
miles of 500-kV transmission line from the switchyard adjacent to the 
Palo Verde Nuclear Generating Station, to the U.S.-Mexico border in the 
vicinity of Calexico, California. South of the border, NRG will 
construct an additional 2.5 miles of transmission line to the Cetys 
Substation, located east of Mexicali, Mexico, and owned by Comision 
Federal de Electricidad (CFE), the national electric utility of Mexico.
    The transmission line proposed by NRG will be designed to carry 
1000 megawatts (MW) and is expected initially to operate at that 
capacity. However, under certain conditions, the capacity will be 
restricted to 600 MW. All but 2.5 miles of the proposed transmission 
line is expected to be located within an existing utility corridor 
designated by the Bureau of Land Management. However, the applicant 
will need to obtain approximately 4,300 acres of additional right-of-
way from public and private landowners.
    The proposed route parallels the existing Southwest Powerlink 500-
kV transmission line beginning at the Palo Verde Nuclear Generating 
Station Switchyard, 30 miles west of Phoenix, Arizona. The route 
continues southwest, crossing the Gila Bend Mountains approximately one 
mile north of the Signal Mountain Wilderness Area. The route will 
traverse the Muggins Mountains on the northern boundary of the Muggins 
Mountains Wilderness Area, and 8.2 miles of the Army's Yuma Proving 
Grounds. The line will cross the Colorado River from Arizona into 
California and proceed northwest, crossing the northeast corner of the 
Fort Yuma-Quechan Indian Reservation before turning southwest and 
paralleling the BLM designated utility corridor through the Imperial 
Sand Dunes Recreation Area. The route continues west between the U.S.-
Mexico border and the All-American Canal. At the Hemlock Canal, the 
route turns south, following the Hemlock Canal alignment for 2.5 miles 
to the border.
    The NRG application notes that there are no firm contracts in place 
for the sale of power to Mexico using the proposed transmission line. 
Prior to commencing electricity exports to Mexico using these proposed 
facilities, NRG, or any other electricity exporter, must obtain an 
electricity export authorization required by section 202(e) of the 
Federal Power Act. NRG expects to submit such an application at a later 
date.
    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 No. 888, as 
amended (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: 
Robert S. Evans, Executive Director and Manager, Environmental 
Services, NRG Energy, Inc., 1221 Nicollet Mall, Suite 700, Minneapolis, 
MN 55403-2445.
    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. In addition, DOE 
must consider the environmental impacts of the proposed action (i.e., 
granting the Presidential permit, with any conditions and limitations, 
or denying the permit) pursuant to the National Environmental Policy 
Act of 1969 (NEPA). DOE also must obtain the concurrence of the 
Secretary of State and the Secretary of

[[Page 46427]]

Defense before taking final action on a Presidential permit 
application.
    The NEPA compliance process is a cooperative, non-adversarial 
process involving members of the public, state governments and the 
Federal government. The process affords all persons interested in or 
potentially affected by the environmental consequences of a proposed 
action an opportunity to present their views, which will be considered 
in the preparation of the environmental documentation for the proposed 
action. Intervening and becoming a party to this proceeding will not 
create any special status for the petitioner with regard to the NEPA 
process. Notice of upcoming NEPA activities and information on how the 
public can participate in those activities will appear in the Federal 
Register. Additional announcements will appear in local newspapers and 
public libraries and/or reading rooms in the vicinity of the proposed 
transmission line.
    Copies of this application will be made available, upon request, 
for public inspection and copying at the address provided above. In 
addition, the application may be reviewed or downloaded from the Fossil 
Energy Home Page at: http://www.fe.doe.gov. Upon reaching the Fossil 
Energy Home page, select ``Regulatory'' and then ``Electricity'' from 
the options menu.

    Issued in Washington, D. C., on August 25, 1998.
Anthony J. Como,
Manager, Electric Power Regulation, Office of Coal & Power Im/Ex, 
Office of Fossil Energy.
[FR Doc. 98-23482 Filed 8-31-98; 8:45 am]
BILLING CODE 6450-01-P