[Federal Register Volume 64, Number 45 (Tuesday, March 9, 1999)]
[Notices]
[Pages 11457-11458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5759]


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DEPARTMENT OF ENERGY

[FE Docket No. PP-206]


Application for Presidential Permit Frontera Generation Limited 
Partnership

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of Application.

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SUMMARY: Frontera Generation Limited Partnership (Frontera) has applied 
for a Presidential permit to construct, connect, operate and maintain 
electric transmission facilities across the U.S. border with Mexico.

DATES: Comments, protests, or requests to intervene must be submitted 
on or before April 8, 1999.

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 March 3, 1999, Frontera filed an application with the Office of 
Fossil Energy (FE) of the Department of Energy (DOE) for a Presidential 
permit. Frontera is an exempt wholesale generator. Frontera, and its 
general partner, CSW Frontera GP II, are wholly-owned subsidiary of CSW 
Energy, Inc., a Texas corporation involved in the non-regulated 
generation and sale of electric power. Frontera is proposing to develop 
an international electric transmission line project in two phases. 
Initially, Frontera proposes to construct single, temporary 138,000-
volt (138-kV) transmission circuit on wooden poles across the U.S. 
border with Mexico and place the temporary facilities into service 
during the summer of 1999. At a later date, Frontera proposes to 
construct a permanent double-circuit 230-kV transmission line on steel 
towers along the same right-of-way. The 138-kV line would be removed 
after the 230-kV transmission circuits are energized. Each of the 
proposed transmission lines would extend approximately two miles from a 
500-megawatt (MW) gas-fired, electric powerplant Frontera is building 
near Mission, in Higalgo County, Texas. At the border, the transmission 
lines would interconnect with similar facilities of the Comision 
Federal de Electricidad (CFE), the national electric utility of Mexico, 
and continue an additional 5.6 miles south to CFE's Cumbres Substation, 
located near Reynosa in the Mexican State of Tamaulipas.
    In its application, Frontera asserts that the operation of the 
proposed international transmission facilities would not cause the U.S. 
and Mexican electrical systems to operate in parallel.
    Prior to exporting electric energy to Mexico, Frontera will be 
required to obtain an electricity export authorization from DOE 
pursuant to section 202(e) of the Federal Power Act (FPA) (16 U.S.C. 
824a(e)).
    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 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 (Promoting Wholesale Competition Through Open Access Non-
Discriminatory Transmission Services by Public Utilities; FERC Stats. & 
Regs. para. 31,036 (1996)), as amended. 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 become a party to this 
proceeding or to be heard by filing comments or protests to this 
application should file a petition to intervene, comment or protest at 
the address provided above in accordance with Secs. 385.211 or 385.214 
of the FERC's Rules of Practice and Procedures (18 CFR 385.211, 
385.214). Filings should be clearly marked with Docket PP-206.
    Fifteen copies of each document should be filed with the DOE on or 
before the date listed above. Additional copies should be filed 
directly with:

[[Page 11458]]

Paul E. Graff, Vice President, CSW Frontera GP II, Inc., 1616 Woodall 
Rodgers Freeway, Dallas, Texas 75202 AND Carolyn Y. Thompson, Jones, 
Day, Reavis & Pogue, 1450 G Street, NW, Washington, DC 20005-2088.
    Before a Presidential permit may be issued or amended, 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 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 
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. 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 Programs,'' then ``Electricity 
Regulations,'' and then ``Pending Proceedings'' from the options menus.

    Issued in Washington, D. C., on March 4, 1999.
Anthony J. Como,
Manager, Electric Power Regulation, Office of Coal & Power Im/Ex, 
Office of Fossil Energy.
[FR Doc. 99-5759 Filed 3-8-99; 8:45 am]
BILLING CODE 6450-01-P