[Federal Register Volume 65, Number 168 (Tuesday, August 29, 2000)]
[Notices]
[Pages 52414-52415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22001]


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DEPARTMENT OF ENERGY

[FE Dockets No. PP-228 and EA-228]


Applications for Presidential Permit and Electricity Export 
Authorization Edison Sault Electric Company

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of Applications.

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SUMMARY: Edison Sault Electric Company (ESE) has applied for a 
Presidential permit to construct, connect, operate and maintain a 
230,000-volt (230-kV) underground electric transmission facility across 
the U.S. border with Canada. In addition, ESE has applied for 
authorization to export electric energy to Canada.

DATES: Comments, protests, or requests to intervene must be submitted 
on or before September 28, 2000.

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: Ellen Russell (Program Office) 202-
586-9624 or Michael T. Skinker (Program Attorney) 202-586-2793.

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 August 17, 2000, ESE, a transmission and distribution company 
and wholly-owned subsidiary of Wisconsin Energy Corporation, an 
investor owned public utility, filed an application with the Office of 
Fossil Energy (FE) of the Department of Energy (DOE) for a Presidential 
permit. ESE proposes to construct an underground 230-kV transmission 
line from an existing substation located in Sault Ste. Marie, Michigan, 
to an existing substation located in Sault Ste. Marie, Ontario, Canada, 
a distance of approximately 6,000 feet. The facilities within Canada 
will be owned by Great Lakes Power Inc. (GLP), an investor owned 
utility in Canada. In a separate application, also filed on August 17, 
2000, ESE applied for authorization to export electric energy to Canada 
using the proposed facilities, pursuant to section 202(e) of the FPA.
    In its application, ESE notes that the purpose of the proposed 
transmission line and export authorization is to transmit electricity 
between the ESE and the GLP systems and to provide both companies with 
additional competitive supplies of electric power. ESE also asserts 
that these facilities will enhance the reliability of both systems.
    ESE is proposing to develop this project in two phases. Initially, 
ESE would construct a 230-kV transmission line under the St. Mary's 
River connecting its existing Portage Road Substation, located in Sault 
Ste. Marie, Michigan, with GLP's existing F. H. Clergue substation, 
located in Sault Ste. Marie, Ontario, Canada. This is a distance of 
approximately 6,000 feet. In phase one, the 230-kV facilities will be 
operated at 69-kV have the ability to transmit 50 megawatts (MW) to 
Canada. At a later date, and after submission of additional electric 
reliability studies to DOE, ESE proposes to operate the facilities at 
230-kV and increase the ability of the facilities to transmit energy to 
Canada.
    Since 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 
(Promotion 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, on July 27, 
1999, (64 FR 40586) DOE initiated a proceeding in which it noticed its 
intention to condition existing and future Presidential permits, 
appropriate for third party transmission, on compliance with a 
requirement to provide non-discriminatory open access transmission 
service. That proceeding is not yet complete. However, in this docket 
DOE specifically requests comment on the appropriateness of applying 
the open access requirement on ESE's proposed facilities.

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). Fifteen copies of 
each petition and protest should be filed with the DOE on or before the 
date listed above.
    Additional copies of such petitions to intervene or protests also 
should be filed directly with: Donald Sawruk, President, Edison Sault 
Electric Co., 725 East Portage Road, Sault, Michigan, 49783 and Mrs. 
Cheryl Feik Ryan, Van Ness Feldman, 1050 Thomas Jefferson Street, NW, 
Washington, DC 20087.
    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. In addition, DOE must consider the 
environmental impacts of the proposed actions 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 these applications will be made available, upon request, 
for public inspection and copying at the address provided above. In 
addition, the application may be reviewed or

[[Page 52415]]

downloaded from the Fossil Energy Home Page at: http://www.fe.doe.gov. 
Upon reaching the Fossil Energy Home page, select ``Electricity'' from 
the options menu, and then ``Pending Proceedings.''

    Issued in Washington, DC, on August 22, 2000.
Anthony J. Como,
Deputy Director, Electric Power Regulation, Office of Coal & Power Im/
Ex, Office of Fossil Energy.
[FR Doc. 00-22001 Filed 8-28-00; 8:45 am]
BILLING CODE 6450-01-P