[Federal Register Volume 66, Number 56 (Thursday, March 22, 2001)]
[Notices]
[Pages 16044-16045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7150]


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DEPARTMENT OF ENERGY

[FE Docket No. PP-234]


Application for Presidential Permit; Baja California Power, Inc.

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of application.

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SUMMARY: Baja California Power, Inc. (BCP) has applied for a 
Presidential

[[Page 16045]]

permit to construct, operate, maintain, and connect a double-circuit 
electric transmission line across the U.S. border with Mexico.

DATES: Comments, protests, or requests to intervene must be submitted 
on or before April 23, 2001.

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, operation, maintenance, 
and connection 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 27, 2001, BCP, a special purpose company and wholly-
owned subsidiary of InterGen Aztec Energy V, B.V., and an indirect 
subsidiary of InterGen N.V., a Dutch limited liability company, filed 
an application with the Office of Fossil Energy (FE) of the Department 
of Energy (DOE) for a Presidential permit. BCP proposes to construct a 
double-circuit 230,000-volt (230-kV) across the U.S.-Mexico 
international border.
    The BCP transmission line project will originate at a proposed 
powerplant to be owned by an affiliate, Energia de Baja California 
(EBC), an independent power producer. EBC will own and operate the 
powerplant adjacent to a larger, 750-megawatt (MW) powerplant being 
constructed by Energia Azteca X (EAX) (also an independent power 
producer and InterGen affiliate). The EBC and EAX powerplants are to be 
constructed approximately 10 miles west of the City of Mexicali, Baja 
California, Mexico. The proposed transmission line would head north 
from the associated Energia de Baja California powerplant switchyard 
and cross the Mexico/U.S. border west of Calexico, California, and 
continue to the SDG&E Imperial Valley Substation by paralleling, to the 
east, the existing SDG&E Imperial Valley to La Rosita transmission 
line. The length of the proposed transmission line would be 
approximately 6 miles in Mexico and an additional 5.4 miles in 
California. Initially, BCP proposes to install only one set of 
conductors, thus creating a single electrical circuit. At a later date, 
the second set of conductors (second electrical circuit) could be added 
and the transmission facilities could also transmit electric energy 
generated at the EAX facility to the United States. The EBC generation 
facilities are expected to be placed in service in June 2002. The EAX 
generation facilities are expected to be placed in service in March 
2003.
    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 BCP'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: Orlando Martinez, Manager, Development, 
InterGen, Two Alhambra Plaza, Suite 1100, Coral Gables, Florida 33134-
5202.
    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 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 ``Electricity'' from the options menu, and 
then ``Pending Proceedings.''

    Issued in Washington, DC, on March 19, 2001.
Anthony J. Como,
Deputy Director, Electric Power Regulation, Office of Coal & Power 
Systems, Office of Coal & Power Im/Ex, Office of Fossil Energy.
[FR Doc. 01-7150 Filed 3-21-01; 8:45 am]
BILLING CODE 6450-01-P