[Federal Register Volume 67, Number 175 (Tuesday, September 10, 2002)]
[Notices]
[Pages 57418-57419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22916]
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DEPARTMENT OF ENERGY
[FE Docket No. PP-235-1]
Office of Fossil Energy; Application To Rescind Presidential
Permit; Joint Application for Presidential Permit Sempra Energy
Resources and Termoel[eacute]ctrica U.S., LLC
AGENCY: Office of Fossil Energy, DOE.
ACTION: Notice of application.
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SUMMARY: Sempra Energy Resources (SER) and Termoelectrica U.S., LLC (T-
US) jointly applied to rescind Presidential Permit PP-235 held by SER
and to issue a Presidential permit to T-US covering the same
international transmission facilities. In addition, SER and T-US are
requesting expedited consideration of their joint application.
DATES: Comments, protests, or requests to intervene must be submitted
on or before September 25, 2002.
ADDRESSES: Comments, protests, or requests to intervene should be
addressed as follows: Office of Coal & Power Import/Export, FE-27/
Forrestal Building, U.S. Department of Energy, 1000 Independence
Avenue, SW., Washington, DC 20585.
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. Existing Presidential permits are not transferable
or assignable. However, in the event of a proposed voluntary transfer
of facilities, in accordance with the regulations at 10 CFR 205.323,
the existing permit holder and the transferee are required to file a
joint application with DOE that includes a statement of reasons for the
transfer.
On August 29, 2002, SER and T-US jointly filed an application with
the Office of Fossil Energy (FE) of the Department of Energy (DOE) for
a transfer from SER to T-US of the facilities authorized by
Presidential Permit PP-235. These facilities include the following
facilities and all supporting structures within the right-of-way
occupied by such facilities:
Two 230,000-volt electric transmission circuits installed on a
single set of steel lattice towers and extending from San Diego Gas &
Electric Company's Imperial Valley Substation approximately 6 miles
south to the U.S. international border with Mexico.
At the border these transmission facilities connect to similar
facilities owned by Termoelectrica de Mexicali (TDM) and continue south
3 miles to the 500-megawatt natural gas fired powerplant currently
being developed by TDM west of the town of Mexicali, Baja California,
Mexico.
[[Page 57419]]
SER is a California corporation engaged in the development,
ownership, and operation of non-regulated electric generating
facilities and the wholesale sale of electric power. T-US, a Delaware
limited liability corporation, will own and operate the U.S. portion of
the transmission facility. Both SER and T-US are indirect wholly owned
subsidiaries of Sempra Energy, a California corporation. SER and T-US
request the recession of PP-235, issued to SER on December 5, 2001, and
the simultaneous issuance of a Presidential permit to T-US for the same
facilities enabling the parties to effectuate an internal corporate
reorganization that will result in T-US owning, operating, and
maintaining the transmission facility as an exempt wholesale generator
(EWG).
The proposed transfer of these facilities has no effect on the
proceeding currently before FE in Docket EA-235, SER's application to
export a maximum of 12 MW of electric energy to the TDM powerplant
using these same transmission facilities. In the EA-235 proceeding, SER
proposes to export electric energy for the purpose of providing ``black
start'' capability to the TDM powerplant and for providing ancillary
equipment power when the facility's electrical generating equipment is
not in operation. These transmission facilities are not interconnected
with the electrical distribution system of Mexico owned and operated by
Comision Federal de Electricidad, the national electric utility of
Mexico.
Construction of the international transmission facilities that are
the subject of this application was completed by SER earlier this year;
however, the transmission line has not yet been energized. SER and T-US
plan to energize the facility in October 2002 and, therefore, have
requested expedited consideration of this joint application.
Accordingly, DOE has shortened the public comment period to 15 days in
order to allow completion of this proceeding within the applicants'
time period.
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. ]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 facilities proposed to be transferred to
T-US.
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 Sec. Sec. 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: Alberto Abreu, Director, Permitting and
Licensing, Sempra Energy Resources, 101 Ash Street, P.O. Box 1831, San
Diego, CA 92112-4150.
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. 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 Regulation'' from the options
menu, and then ``Pending Proceedings.''
Issued in Washington, DC, on September 4, 2002.
Anthony J. Como,
Deputy Director, Electric Power Regulation, Office of Coal & Power
Systems, Office of Coal & Power Import/Export, Office of Fossil Energy.
[FR Doc. 02-22916 Filed 9-9-02; 8:45 am]
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