[Federal Register Volume 68, Number 209 (Wednesday, October 29, 2003)]
[Notices]
[Pages 61659-61660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27233]


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DEPARTMENT OF ENERGY

[Docket No. PP-89-1]


Application To Amend Presidential Permit; Bangor Hydro-Electric 
Company

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of application.

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SUMMARY: Bangor Hydro-Electric Company (BHE) has applied to amend 
Presidential Permit PP-89 that authorized the construction, operation, 
maintenance, and connection of a single-circuit, 345,000-volt (345-kV)

[[Page 61660]]

alternating current (AC) electric transmission line across the U.S. 
border with Canada.

DATES: Comments, protests or requests to intervene must be submitted on 
or before November 28, 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: Ellen Russell or Xavier Puslowski 
(Program Office) (202) 586-9624 or (202) 586-4708 or Michael 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 January 22, 1996, the U.S. Department of Energy (DOE) issued 
Presidential Permit PP-89 authorizing BHE to construct, operate, 
maintain, and connect a 345-kV electric transmission line that extends 
approximately 83-miles from the U.S.-Canada border at Baileyville, 
Maine, to Orrington, Maine. At the Canadian border, the proposed 
transmission line was to connect to similar facilities to be built by 
New Brunswick Electric Power Commission (NB Power), a Crown corporation 
of Canada's Province of New Brunswick. The authorized facilities were 
not constructed.
    On September 30, 2003, BHE applied to the Office of Fossil Energy 
(FE) of DOE to amend Presidential Permit PP-89. Since the issuance of 
PP-89, a natural gas transmission line has been constructed by 
Maritimes and Northeast Pipeline, L.L.C. in the same general vicinity 
as the BHE project in a corridor approved by Maine's Department of 
Environmental Protection. Now the Board of Environmental Protection, 
Maine's primary environmental review entity, has indicated to BHE its 
preference for BHE to construct the proposed electric transmission line 
in a corridor more closely consolidated with that of the natural gas 
line.
    The international transmission line now proposed by BHE would be a 
single circuit 345-kV AC transmission line consisting of two overhead 
shield wires and three phases with two conductors per phase. The 
transmission line is proposed to have a thermal capacity of at least 
1,000 megawatts (MW). From the U.S.-Canada border near Baileyville, 
Maine, the proposed transmission line would continue approximately 80 
miles to an existing substation in Orrington, Maine. In Canada, the BHE 
facilities would interconnect with similar facilities to be owned by 
New Brunswick Power Corporation and continue approximately 60 miles to 
Point Lepreau, New Brunswick. Canada's National Energy Board authorized 
construction of these facilities in May 2003.
    Since the 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 constructed pursuant to Presidential permits 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, as 
amended (Promoting Wholesale Competition Through Open Access Non-
Discriminatory Transmission Services by Services by Public Utilities). 
In furtherance of this policy, DOE intends to condition any 
Presidential permit issued in this proceeding on compliance with these 
open access principles.
    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: Mr. Robert Bennett, Bangor Hydro 
Electric Co., 33 State Street, P.O. Box 920, Bangor, ME 04402-0920; and 
Mr. Jim Connors, Esq., Emera, Inc., 1894 Barrington Street, Barrington 
Tower, Halifax, Nova Scotia, Canada B3J2A8.
    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 it) 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.
    The NEPA compliance process is a cooperative, non-adversarial 
process involving members of the public, state governments and the 
Federal government. The process affords all persons interested in or 
potentially affected by the environmental consequences of a proposed 
action an opportunity to present their views, which will be considered 
in the preparation of the Environmental documentation for the proposed 
action. Intervening and becoming a party to this proceeding will not 
create any special status for the petitioner with regard to the NEPA 
process. Notice of upcoming NEPA activities and information on how the 
public can participate in those activities will appear in the Federal 
Register.
    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,'' and then ``Pending 
Proceedings'' from the options menus.

    Issued in Washington, DC, on October 22, 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. 03-27233 Filed 10-28-03; 8:45 am]
BILLING CODE 6450-01-P