[Federal Register Volume 86, Number 53 (Monday, March 22, 2021)]
[Notices]
[Pages 15210-15211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05858]


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DEPARTMENT OF ENERGY

[OE Docket No. PP-108-1]


Application To Amend Presidential Permit; Arizona Public Service 
Company

AGENCY: Office of Electricity, Department of Energy.

ACTION: Notice of application.

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SUMMARY: Arizona Public Service Company (APS or Applicant) filed a 
letter informing the Department of Energy (DOE or Department) of a 
change in the entity identified as the specific transmitter of 
emergency power imports in Presidential Permit No. PP-108. As a result 
of the change in counterparty, PP-108 must be amended to reflect that 
change.

DATES: Comments, protests, or motions to intervene must be submitted on 
or before April 21, 2021.

ADDRESSES: Comments or motions to intervene should be addressed to 
Christopher Lawrence, [email protected].

FOR FURTHER INFORMATION CONTACT: Christopher Lawrence (Program Office) 
at 202-586-5260 or by email to [email protected], or 
Christopher Drake (Attorney-Adviser) at 202-586-2919 or by email to 
[email protected].

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 (E.O.) 10485, as 
amended by E.O. 12038.
    On December 5, 1995, DOE issued Presidential Permit No. PP-108, 
authorizing APS to construct, operate, maintain, and connect the San 
Luis-Canal Line, a 34.5 kilovolt (kV) transmission line from the San 
Luis Substation in Yuma County, Arizona, extending approximately 2.8 
miles to the U.S.-Mexico border adjacent to San Luis, Sonora, Mexico. 
The purpose of the facilities is the transmission of emergency power by 
APS to the Comisi[oacute]n Federal de Electricidad (CFE, the national 
utility in Mexico) and by CFE to APS. On the same day it issued 
Presidential Permit No. PP-108, DOE issued an order authorizing APS to 
export electric energy to CFE.
    On July 16, 2019, APS filed a letter with the Office of Electricity 
of DOE informing the Department of a change in the counterparty listed 
in Presidential Permit No. PP-108. The letter indicates that CFE is no 
longer the entity responsible for requesting emergency assistance, as 
contemplated by the December 29, 2008 Enabling Contract governing 
transactions over the line. The responsible entity is now the Centro 
Nacional de Control de Energ[iacute]a (CENACE). APS represents that 
CENACE ``now operates [Mexico's] wholesale electricity market, has 
operational control of [Mexico's] national electric system, and 
establishes energy imports and exports for reliability and emergency 
situations,'' adding that CFE must ``assign the Enabling Contract to 
CENACE.'' APS requested ``confirmation from DOE that [the permit] will 
remain applicable to the Enabling Contract once it has been assigned to 
CENACE.''
    Article 3 of Presidential Permit No. PP-108 states that ``the 
[permitted] facilities . . . may be used to import up to 20 megawatts 
of electric power and associated energy from [CFE] but only to the 
extent that such import serves load radially connected to the APS 
system and does not result in a synchronous connection between CFE and 
APS.'' Article 4 provides that ``[n]o change shall be made in the 
facilities covered by this permit or in [their] authorized operation . 
. . unless such change has been approved by the DOE.'' APS sought 
confirmation of the permit's continued applicability following the 
Enabling Contract's assignment, not modification of the permit itself. 
However, because Presidential Permit No. PP-108 specifies CFE as the 
counterparty to APS, it is necessary for DOE to amend the permit to 
reflect the assignment.
    Article 3 of Presidential Permit No. PP-108 also provides that 
``[t]he facilities . . . shall be designed and operated in accordance 
with the applicable criteria established by the Western Systems 
Coordinating Counsel [sic] and consistent with that of the North 
American Electric Reliability Council.'' Issuance of the permit 
preceded the enactment of the Energy Policy Act of 2005, which added 
section 215 to the Federal Power Act and allowed the Federal Energy 
Regulatory Commission to certify an Electric Reliability Organization 
to develop enforceable reliability standards for the Nation's bulk-
power system. The certified organization, the North American Electric 
Reliability Corporation (NERC), oversees several Regional Entities, one 
of which is the Western Electricity Coordinating Council (WECC). 
Therefore, concurrent with its intent to modify Article 3 of 
Presidential Permit No. PP-108 to reflect the substitution of CENACE 
for CFE, the Department intends to revise Article 3 to substitute the 
full names of NERC and WECC, as applicable.
    Procedural Matters: Any person may comment on this application by 
filing such comment at the address provided above. Any person seeking 
to become a party to this proceeding must file a motion to intervene at 
the address provided above in accordance with Rule 214 of FERC's Rules 
of Practice and Procedure (18 CFR 385.214). Each comment or motion to 
intervene should be filed with DOE on or before the date listed above.
    Comments and other filings concerning this application should be 
clearly marked with OE Docket No. PP-108-1. Additional copies are to be 
provided directly to Mr. Phillip

[[Page 15211]]

McLaughlin, GM, Resource Management, P.O. Box 53999, Mail Station 9842, 
Phoenix, AZ 85072-3999, [email protected].
    Before a Presidential permit may be issued or amended, DOE must 
determine that the proposed action is in the public interest. In making 
that determination, DOE will consider the environmental impacts of the 
proposed action (i.e., granting the Presidential permit or amendment, 
with any conditions and limitations, or denying the permit), determine 
the proposed project's impact on electric reliability by ascertaining 
whether the proposed project would adversely affect the operation of 
the U.S. electric power supply system under normal and contingency 
conditions, and weigh any other factors that DOE may also consider 
relevant to the public interest. DOE also must obtain the favorable 
recommendation of the Secretary of State and the Secretary of Defense 
before taking final action on a Presidential permit application.
    This application may be reviewed or downloaded electronically at 
http://energy.gov/oe/services/electricity-policy-coordination-and-implementation/international-electricity-regulatio-2. Upon reaching the 
home page, select ``Pending Applications.''

    Signed in Washington, DC, on March 16, 2021.
Christopher Lawrence,
Management and Program Analyst, Transmission Permitting and Technical 
Assistance, Office of Electricity.
[FR Doc. 2021-05858 Filed 3-19-21; 8:45 am]
BILLING CODE 6450-01-P