[Federal Register Volume 66, Number 132 (Tuesday, July 10, 2001)]
[Notices]
[Pages 35953-35954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17175]


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DEPARTMENT OF ENERGY

[FE Dockets No. PP-240]


Applications for Presidential Permit, Enron Canada Corp.

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of application.

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SUMMARY: Enron Canada Corp. (ECC) has applied for a Presidential permit 
to construct, operate, maintain, and connect a double-circuit 230,000-
volt (230-kV) underground electric transmission facility across the 
U.S. border with Canada.

DATES: Comments, protests, or requests to intervene must be submitted 
on or before August 9, 2001.

ADDRESSES: Comments, protests, or requests to intervene should be 
addressed as follows: Office of Coal & Power Imports/Exports (FE-27), 
Office of Fossil Energy, U.S. Department of Energy, 1000 Independence 
Avenue, SW., Washington, DC 20585-0350.

FOR FURTHER INFORMATION CONTACT: Steven Mintz (Program Office) 202-586-
9506 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 April 23, 2001, ECC, an Alberta, Canada, power marketing 
corporation and wholly-owned subsidiary of Enron Corp. of Houston, 
Texas, filed an application with the Office of Fossil Energy (FE) of 
the Department of Energy (DOE) for a Presidential permit. ECC proposes 
to construct a double-circuit 230-kV, underground electric transmission 
line across the U.S.-Canadian border in St. Claire County, Michigan. 
The proposed power line would connect to a proposed new electric 
generating facility (the Moore Power Plant) located in Moore Township, 
Lambton County, Ontario, Canada, extend under the St. Clair River and 
connect to the St. Clair Power Plant located in St. Clair County, 
Michigan, and owned by Detroit Edison. The total length of the 
transmission line would be approximately 7,052 feet. The underground 
sections would be approximately 3,640 feet in Ontario and 1,150 feet in 
Michigan. The section beneath the St. Clair River would be 
approximately 2,000 feet.

[[Page 35954]]

    ECC asserts that the Moore Power Plant (MPP) is being built to 
participate in the newly deregulated Ontario electricity market and 
will be connected to Hydro One's Lambton Substation. The proposed 
cross-border power line will be a radial line connecting the MPP only 
to Detroit Edison's system. Accordingly, ECC requests a determination 
that open access obligations will not be imposed in connection with 
this Presidential permit.
    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 or comment 
on whether the open access requirement should be applied to ECC's 
proposed power line.
    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: Eric Le Dain, Enron Canada Corp., 3500 
Canterra Tower, 400-3rd Avenue SW., Calgary, Alberta T2P 4H2 and Debbie 
Chance, Enron Corp., 1400 Smith Street, Mail Stop EB2960E, Houston, TX 
77002.
    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 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 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 July 3, 2001.
Anthony J. Como,
Deputy Director, Electric Power Regulation, Office of Coal & Power 
Imports/Exports, Office of Coal & Power Systems, Office of Fossil 
Energy.
[FR Doc. 01-17175 Filed 7-9-01; 8:45 am]
BILLING CODE 6450-01-P