[Federal Register Volume 71, Number 53 (Monday, March 20, 2006)]
[Notices]
[Pages 13970-13971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3991]


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DEPARTMENT OF ENERGY

[OE Docket No. PP-304]


Application for Presidential Permit; Generadora del Desierto SA 
de C.V.

AGENCY: Office of Electricity Delivery and Energy Reliability, DOE.

ACTION: Notice of Application.

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SUMMARY: Generadora del Desierto SA de C.V. (GDD) has applied for a 
Presidential permit to construct, operate, maintain, and connect an 
electric transmission line across the U.S. border with Mexico.

DATES: Comments, protests, or requests to intervene must be submitted 
on or before April 19, 2006.

ADDRESSES: Comments, protests, or requests to intervene should be 
addressed as follows: Office of Electricity Delivery and Energy 
Reliability (OE-20), U.S. Department of Energy, 1000 Independence 
Avenue, SW., Washington, DC 20585-0350.

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.
    On September 23, 2005, GDD, a Mexican corporation and wholly-owned 
affiliate of North Branch Holding, LLC, filed an application with the 
Office of Electricity Delivery and Energy Reliability (OE) of the 
Department of Energy (DOE) for a Presidential permit. GDD proposes to 
construct a double-circuit 500-kilovolt (500-kV) electric transmission 
line across the U.S.-

[[Page 13971]]

Mexico international border. The proposed facilities would extend from 
a new electric power plant to be constructed by GDD approximately one 
mile south of the U.S.-Mexico border in San Luis Rio Colorado, Sonora, 
Mexico, cross the U.S.-Mexico international border, extend 
approximately 20 miles, north and connect to the existing Gila 
Substation owned and operated by Western Area Power Administration 
(Western). From the Gila Substation, the line would extend an 
additional four miles north and connect to the existing North Gila 
Substation owned and operated by Arizona Public Service Company.
    In a related proceeding, North Branch Resources, LLC (NBR), also a 
North Branch Holding, LLC affiliate, has applied to Western to connect 
the proposed international transmission line and the Mexico power plant 
to Western's transmission system. If the interconnection request is 
granted by Western and the proposed project proceeds, NBR proposes that 
Western construct, own, operate, and maintain the new transmission 
facilities in the U.S. at the expense of NBR. Western is considering 
this proposal and may ultimately assume those responsibilities. If that 
were to happen, Western would become a co-applicant for the 
Presidential permit.
    Since the restructuring of the electric 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 (FERC) Order No. 
888 (Promoting 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, 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: Leonard H. Singer, Esq., Couch White, 
LLP, 540 Broadway, P.O. Box 22222, Albany, New York, 12201 and Joseph 
Bojnowski, North Branch Resources, LLC, 6 North Branch Road, Newton, 
CN, 06470.
    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. 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. 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 (NEPA). OE and Western propose to 
prepare a single Environmental Impact Statement (EIS) to address the 
environmental impacts of the Federal actions of granting the requested 
Presidential permit and allowing connection of the international 
transmission line and Mexico power plant to the Federal transmission 
system. The EIS will be prepared in accordance with the requirements of 
the Council on Environmental Quality's NEPA Implementing Regulations 
(40 CFR parts 1500-1508) and DOE's NEPA Implementing Procedures (10 CFR 
part 1021).
    Copies of this application will be made available, upon request, 
for public inspection and copying at the address provided above or by 
accessing the program's Home Page at http://www.fe.doe.gov/programs/electricityregulation/. Upon reaching the Home page, select ``Pending 
Proceedings.''

    Issued in Washington, DC, on March 13, 2006.
Anthony J. Como,
Director, Permitting and Siting, Office of Electricity Delivery and 
Energy Reliability.
[FR Doc. E6-3991 Filed 3-17-06; 8:45 am]
BILLING CODE 6450-01-P