[Federal Register Volume 68, Number 16 (Friday, January 24, 2003)]
[Notices]
[Page 3521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1642]


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DEPARTMENT OF ENERGY

[Docket Nos. EA-247-A and EA-248-A]


Application to Export Electric Energy; Constellation NewEnergy, 
Inc.

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of Application.

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SUMMARY: Under two separate applications, Constellation NewEnergy, Inc. 
(Constellation) has applied for authority to transmit electric energy 
from the United States to Mexico and from the United States to Canada 
pursuant to section 202(e) of the Federal Power Act.

DATES: Comments, protests or requests to intervene must be submitted on 
or before February 24, 2003.

ADDRESSES: Comments, protests or requests to intervene should be 
addressed as follows: Office of Coal & Power Import/Export (FE-27), 
Office of Fossil Energy, U.S. Department of Energy, 1000 Independence 
Avenue, SW., Washington, DC 20585-0350 (FAX 202-287-5736).

FOR FURTHER INFORMATION CONTACT: Rosalind Carter (Program Office) 202-
586-7983 or Michael Skinker (Program Attorney) 202-586-6667.

SUPPLEMENTARY INFORMATION: Exports of electricity from the United 
States to a foreign country are regulated and require authorization 
under section 202(e) of the Federal Power Act (FPA) (16 U.S.C. 
824a(e)).
    On November 8, 2002, the Office of Fossil Energy (FE) of the 
Department of Energy (DOE) received two separate applications from 
Constellation for authorization to transmit electric energy from the 
United States to Mexico and from the United States to Canada. 
Constellation is a Delaware corporation and a wholly-owned subsidiary 
of Constellation Energy Group, Inc., a public utility holding company. 
Constellation is engaged in the marketing of electric energy and power 
at wholesale and retail throughout North America. Constellation does 
not own or control any facilities used for the generation, 
transmission, or distribution of electric energy nor does it have a 
franchised electric power service area. Constellation will purchase the 
power to be exported from electric utilities and federal power 
marketing agencies within the United States.
    In FE Docket No. EA-247-A, Constellation NewEnergy proposes to 
export electric energy to Mexico and to arrange for the delivery of 
those exports to Mexico over the international transmission facilities 
owned by San Diego Gas and Electric Company, El Paso Electric Company, 
Central Power and Light Company, and Comision Federal de Electricidad, 
the national utility of Mexico. In FE Docket No. EA-248-A, 
Constellation NewEnergy proposes to export electric energy to Canada 
and to arrange for the delivery of those exports to Canada over the 
international transmission facilities owned by Basin Electric Power 
Cooperative, Bonneville Power Administration, Citizens Utilities, 
Eastern Maine Electric Cooperative, International Transmission Company, 
Joint Owners of the Highgate Project, Long Sault, Inc., Maine Electric 
Power Company, Maine Public Service Company, Minnesota Power, Inc., 
Minnkota Power Cooperative, New York Power Authority, Niagara Mohawk 
Power Corporation, Northern States Power, and Vermont Electric 
Transmission Company.
    The construction of each of the international transmission 
facilities to be utilized by Constellation NewEnergy, as more fully 
described in the applications, has previously been authorized by a 
Presidential permit issued pursuant to Executive Order 10485, as 
amended.
    On November 13, 2001, and on November 26, 2001, FE issued Order 
Nos. EA-247 and EA-248, granting AES New Energy, Inc. authority to 
export electric energy to Mexico and to Canada, respectively. As a 
result of a change in the upstream corporate ownership of AES New 
Energy, Inc. and a subsequent name change to Constellation, the subject 
applications have been submitted so that export authority may be 
obtained in the name of the new corporate entity.

Procedural Matters

    Any person desiring to become a party to this proceeding or to be 
heard by filing comments or protests to these applications 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.
    Comments on the Constellation applications to export electric 
energy to Mexico and/or Canada should be clearly marked with Docket EA-
247-A and/or Docket EA-248-A, respectively. Additional copies are to be 
filed directly with Cathy Barron, Constellation NewEnergy, Inc., 535 
Boylston Street, Top Floor, Boston, Massachusetts 02116 AND R. Michael 
Sweeney, Jr., Troutman Sanders LLP, 401 9th Street, NW., Ste. 1000, 
Washington, DC 20004.
    A final decision will be made on these applications after the 
environmental impacts have been evaluated pursuant to the National 
Environmental Policy Act of 1969, and a determination is made by the 
DOE that the proposed action will not adversely impact on the 
reliability of the U.S. electric power supply system.
    Copies of these applications will be made available, upon request, 
for public inspection and copying at the address provided above or by 
accessing the Fossil Energy Home Page at http://www.fe.doe.gov. Upon 
reaching the Fossil Energy Home page, select ``Regulatory Programs,'' 
then ``Electricity Regulation,'' and then ``Pending Proceedings'' from 
the options menus.

    Issued in Washington, DC, on January 17, 2003.
Anthony J. Como,
Deputy Director, Electric Power Regulation, Office of Coal & Power 
Import/Export, Office of Coal & Power Systems, Office of Fossil Energy.
[FR Doc. 03-1642 Filed 1-23-03; 8:45 am]
BILLING CODE 6450-01-P