[Federal Register Volume 86, Number 53 (Monday, March 22, 2021)]
[Notices]
[Page 15211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05859]


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DEPARTMENT OF ENERGY

[OE Docket No. EA-108-A]


Application To Amend Export Authorization; 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 recipient of emergency 
power exports in Export Authorization Order No. EA-108. As a result of 
the change in counterparty, EA-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 Department of Energy (DOE) also 
regulates exports of electricity from the United States to a foreign 
country, pursuant to sections 301(b) and 402(f) of the Department of 
Energy Organization Act (42 U.S.C. 7151(b) and 42 U.S.C. 7172(f)). Such 
exports require authorization under section 202(e) of the Federal Power 
Act (16 U.S.C. 824a(e)).
    On December 5, 1995, DOE issued EA-108 to APS, authorizing 
emergency exports of electric energy to the Comisi[oacute]n Federal de 
Electricidad (CFE, the national utility in Mexico). Ordering Paragraph 
(A) of EA-108 states that APS may ``export electric energy to [CFE] 
only in response to requests for emergency assistance by CFE,'' and 
that ``[t]he electricity exports authorized herein shall be delivered 
to CFE only over the facilities authorized by Presidential Permit PP-
108 issued to APS by DOE'' that same day.
    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 EA-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 [EA-108] will remain applicable to the 
Enabling Contract once it has been assigned to CENACE.''
    In addition to the references to CFE in Ordering Paragraph (A) of 
EA-108, Ordering Paragraph (F) states that ``[e]xports to CFE 
authorized herein shall be reduced or suspended, as appropriate, 
whenever a continuation of those exports would impair or tend to impair 
the reliability of the U.S. electric power supply systems.''
    APS sought confirmation of EA-108's continued applicability 
following the Enabling Contract's assignment, not modification of EA-
108 itself. However, because EA-108 specifies CFE as the counterparty 
to APS, with several specific references, it is necessary for DOE to 
amend the permit to reflect the assignment by substituting CENACE in 
references to CFE.
    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. EA-108-A. Additional copies are to be 
provided directly to Mr. Phillip McLaughlin, GM, Resource Management, 
P.O. Box 53999, Mail Station 9842, Phoenix, Arizona 85072-3999, 
[email protected].
    A final decision will be made on the requested authorization after 
the environmental impacts have been evaluated pursuant to DOE's 
National Environmental Policy Act Implementing Procedures (10 CFR part 
1021) and after DOE evaluates whether the proposed action will have an 
adverse impact on the sufficiency of supply or reliability of the U.S. 
electric power supply system.
    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. 2021-05859 Filed 3-19-21; 8:45 am]
BILLING CODE 6450-01-P