[Federal Register Volume 70, Number 51 (Thursday, March 17, 2005)]
[Notices]
[Pages 13020-13021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5310]


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DEPARTMENT OF ENERGY

[Dockets Nos. EA-247-B & EA-248-B]


Applications to Export Electric Energy; Constellation NewEnergy, 
Inc.

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of applications.

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SUMMARY: Under two separate applications, Constellation NewEnergy, 
Inc., (Constellation) has applied to renew, for a period of five years, 
its 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 April 1, 2005.

ADDRESSES: Comments, protests or requests to intervene should be 
addressed as follows: Office of Fossil Energy, (FE-27) U.S. Department 
of Energy, 1000 Independence Avenue,

[[Page 13021]]

SW., Washington, DC 20585-0350 (FAX 202-287-5736).

FOR FURTHER INFORMATION CONTACT: Xavier Puslowski (Program Office) 202-
586-4708 or Michael Skinker (Program Attorney) 202-586-2793.

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 13, 2001, the Office of Fossil Energy (FE) of the 
Department of Energy (DOE) issued Order No. EA-247 which authorized 
Constellation (formerly AES NewEnergy, Inc.) to transmit electric 
energy from the United States to Mexico as a power marketer. On April 
10, 2003, FE issued Order No. EA-247-A in which it renewed that 
authorization for a two-year term which expires on April 10, 2005. On 
March 9, 2005, Constellation applied to FE to renew the authorization 
contained in Order No. EA-247-A for a five-year term. In its 
application, Constellation requested expedited processing of its 
application so that it may undertake significant new sales into the 
Mexican market beginning in the Spring/Summer of 2005. DOE has decided 
to grant Constellation's request and has shortened the public comment 
period in this proceeding to 15 days.
    On November 26, 2001, FE issued Order No. EA-248 which authorized 
Constellation to transmit electric energy from the United States to 
Canada as a power marketer. On April 8, 2003, FE issued Order No. EA-
248-A which renewed that authorization for a two-year term which 
expires on April 8, 2005. On March 9, 2005, Constellation applied to FE 
to renew the authorization contained in Order No. EA-248-B for a five-
year term. In its application, Constellation requested expedited 
processing of its application so that it can continue deliveries of 
electric energy ranging between 3,000 and 6,000 megawatt-hours per 
month to Canada. DOE has decided to grant Constellation's request and 
has shortened the public comment period to 15 days.
    In the application filed in Docket No. EA-247-B, Constellation 
proposes to export electric energy 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 the application filed in Docket No. EA-248-B, Constellation 
proposes to export electric energy to Canada over the international 
transmission facilities owned by Basin Electric Power Cooperative, 
Bonneville Power Administration, Boise Cascade, Citizens Utilities 
Company, 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.
    Procedural Matters. Any person desiring to become a party to these 
proceedings 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 dates listed above.
    Comments on the Constellation application to export electric energy 
to Mexico should be clearly marked with Docket EA-247-B. Comments on 
the Constellation application to export electric energy to Canada 
should be clearly marked with Docket EA-248-B. Additional copies are to 
be filed directly with Cathy Barron, Esq. Counsel, Constellation 
NewEnergy, Inc., 800 Boylston St., 28th Floor, Boston, MA 02199 AND 
Jeffrey D. Watkiss, Esq., William S. Lavarco, Esq., Bracewell & 
Patterson, LLP, 2000 K Street, NW., 5th Floor, Washington, DC 20006.
    A final decision will be made on each of 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 DOE 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 ``Electricity 
Regulation,'' and then ``Pending Proceedings'' from the options menus.

    Issued in Washington, DC, on March 11, 2005.
Anthony J. Como,
Deputy Director, Electric Power Regulation, Office of Fossil Energy.
[FR Doc. 05-5310 Filed 3-16-05; 8:45 am]
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