[Federal Register Volume 73, Number 48 (Tuesday, March 11, 2008)]
[Notices]
[Pages 12958-12959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4842]


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DEPARTMENT OF ENERGY

[OE Docket No. EA-336]


Application to Export Electric Energy; ConocoPhillips Company

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

ACTION: Notice of Application.

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SUMMARY: ConocoPhillips Company (CoP) has applied for authority to 
transmit electric energy from the United States to Mexico pursuant to 
section 202(e) of the Federal Power Act (FPA).

DATES: Comments, protests, or requests to intervene must be submitted 
on or before April 10, 2008.

ADDRESSES: Comments, protests, or requests to intervene should be 
addressed as follows: Office of Electricity Delivery and Energy 
Reliability, Mail Code: OE-20, U.S. Department of Energy, 1000 
Independence Avenue, SW., Washington, DC 20585-0350 (FAX 202-586-5860).

FOR FURTHER INFORMATION CONTACT: Ellen Russell (Program Office) 202-
586-9624 or Michael Skinker (Program Attorney) 202-586-2793.

SUPPLEMENTARY INFORMATION: Exports of electricity from the United 
States to a foreign country are regulated by the Department of Energy 
(DOE) pursuant to sections 301(b) and 402(f) of the DOE Organization 
Act (42 U.S.C. 7151(b), 7172(f)) and require authorization under 
section 202(e) of the FPA (16 U.S.C.824a(e)).
    On January 23, 2008, DOE received an application from CoP for 
authority to transmit electric energy from the United States to Mexico 
as a power marketer. CoP has requested an electricity export 
authorization with a 5-year term. CoP does not own any electric 
transmission facilities nor does it hold a franchised service area. CoP 
and certain of its affiliates own electric generating facilities, 
primarily cogeneration facilities located at CoP-owned refinery 
facilities. The electric energy which CoP proposes to export to Mexico 
would be surplus energy purchased from electric utilities, Federal 
power marketing agencies, and other entities within the United States.
    In its application, CoP notified DOE that it had been exporting 
electric energy to Mexico since September 2004 without authorization 
under section 202(e) of the FPA. CoP asserts that during the time it 
was making these exports, it was unaware of the requirement to obtain 
prior authorization from DOE. CoP claims that it first became aware of 
this requirement in connection with an internal review of its reporting 
and filing obligations in January 2008. CoP ceased all further 
electricity exports as of January 16, 2008, and commits to not engage 
in any further electricity exports pending approval of the application 
in this proceeding. In connection with its application, CoP submitted a 
notarized affidavit from its Vice President attesting to these facts 
and commitment.
    CoP will arrange for the delivery of exports to Mexico over the 
international transmission facilities owned by AEP Texas Central, El 
Paso Electric Company, Central Power & Light Company, San Diego Gas & 
Electric Company, Sharyland Utilities, and Comision Federal de 
Electricidad, the national electric utility of Mexico. The 
construction, operation, maintenance, and connection of each of the 
international transmission facilities to be utilized by CoP was 
previously authorized by a Presidential permit issued pursuant to 
Executive Order 10485, as amended.
    DOE expects exporters of electric energy to obtain the necessary 
authorization from DOE to export electricity and to abide by the terms 
and conditions established for such export in the Orders issued by DOE, 
including any term limit for the authorization and the requirement to 
create and preserve full and complete records and file quarterly 
reports. Failure to first obtain an Order authorizing the export of 
electricity, or continuing to export after the expiration of such an 
Order, may result in a denial of authorization to export in the future 
and subject the exporter to sanctions and penalties under the FPA. DOE 
also expects transmitting utilities owning border facilities and 
entities charged with the operational control of those border 
facilities, such as Independent System Operators or Regional 
Transmission Organizations, to verify that companies seeking to 
schedule an electricity export have the requisite authority from DOE to 
export such power.
    DOE notes that CoP shall have no authority to export electricity to 
Mexico unless and until DOE grants such authorization at the conclusion 
of this proceeding.
     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 Federal Energy Regulatory Commission's Rules of Practice 
and Procedures (18 CFR 385.211, 385.214). Fifteen copies of each 
comment, petition, and protest should be filed with DOE on or before 
the dates listed above.
    All filings in this proceeding should be clearly marked with Docket 
No. EA-336. Additional copies are to be filed directly with Michael 
Passaretti, Manager, Regulatory Monitoring & Reporting, ConocoPhillips 
Company, 600 North Dairy Ashford, Houston, TX 77079 AND Daniel E. 
Frank, Sutherland Asbill & Brennan LLP, 1275

[[Page 12959]]

Pennsylvania Avenue, NW., Washington, DC 20004.
    A final decision will be made on this application after the 
environmental impacts have been evaluated pursuant to the National 
Environmental Policy Act of 1969, and a determination is made by DOE 
that the proposed action will not adversely impact on the reliability 
of the U.S. electric power supply system.
    Copies of this application will be made available, upon request, 
for public inspection and copying at the address provided above, by 
accessing the program Web site at http://oe.energy.gov/permits.htm, or 
by e-mailing Odessa Hopkins at [email protected].

    Issued in Washington, DC, on March 5, 2008.
Anthony J. Como,
Director, Permitting and Siting, Office of Electricity Delivery and 
Energy Reliability.
[FR Doc. E8-4842 Filed 3-10-08; 8:45 am]
BILLING CODE 6450-01-P