[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38699-38700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15599]


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DEPARTMENT OF ENERGY

[OE Docket No. PP-485]


Application for Presidential Permit; North Star Electric 
Cooperative

AGENCY: Office of Electricity, Department of Energy.

ACTION: Notice of application.

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SUMMARY: North Star Electric Cooperative has applied for a Presidential 
permit to construct, operate, maintain, and connect an electric 
transmission line across the United States border with Canada.

DATES: Comments or motions to intervene must be submitted on or before 
August 23, 2021.

ADDRESSES: Comments, protests, motions to intervene, or request for 
more information should be addressed by electronic email to 
[email protected], or by facsimile to (202) 586-8008.

FOR FURTHER INFORMATION CONTACT: Christopher Lawrence (Program Office) 
at 202-586-5260 or via electronic mail at 
[email protected]; Christopher Drake (Program Attorney) 
at 202-586-2919 or via electronic mail at [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.\1\
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    \1\ The permit application is for the connection of facilities 
to be operated at distribution-level voltage. Note that DOE 
regulations require ``[a]ny person, firm, co-operative, corporation 
or other entity who operates an electric power transmission or 
distribution facility crossing the border of the United States, for 
the transmission of electric energy between the United States and a 
foreign country,'' to hold a Presidential permit for the facility. 
10 CFR 205.320(a).
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    On February 19, 2021 North Star Electric Cooperative, Incorporated 
(Applicant or North Star) filed an application (Application or App.) 
with the Office of Electricity of the Department of Energy (DOE) for a 
``Presidential Permit authorizing the continued connection, operation, 
and maintenance of facilities for the transmission of electric energy 
at the international border between the United States and Canada.'' 
App. at 1. The Applicant states that it ``is a distribution cooperative 
member-owner of Minnkota Power Cooperative (``Minnkota''), a generation 
and transmission cooperative that provides wholesale power requirements 
to North Star and its other member-owner cooperatives.'' Id. The 
Applicant's principal place of business is in Baudette, Minnesota. Id. 
at 4.
    North Star states that it ``currently serves 26 residential 
customers in Canada,'' and that the facilities for which it seeks a 
Presidential permit ``comprise low-voltage (7,200 and 14,400 volts) 
lines running from Minnkota's International Falls substation in 
northern Minnesota approximately 10.35 miles to the border'' noting 
that ``the actual length of the line . . . is approximately 14.16 
miles'' in the United States. Id. at 2 & n.2. North Star adds that it 
was unaware that a Presidential permit was required for its facilities, 
and that the Application aims to bring the cooperative into compliance 
with legal requirements. See it. at 3.
    The facilities for which North Star seeks a permit from Minnkota's 
International Falls Substation northeast to the international border. 
See App. at 5. Specifically, beginning at the substation, the 
facilities consist of ``4.1 miles of 14,000 volt three-phase 
underground lines, then 2.5 miles of 14,000 volt three-chase overhead 
line, then 1.0 miles of 7,200 volt three-phase overhead line, then 4.0 
miles of 7,200 volt three-phase underwater line to an oil circuit 
recloser (``OCR'') breaker on the U.S. mainland.'' Id. Beginning at the 
OCR breaker, ``one single-circuit line continues north within the U.S. 
to serve additional customers located in the U.S. and the majority of 
the customers located in Canada, and a tap on that line heads east for 
about 1.2 miles toward the U.S./Canada border to serve the remaining 
two customers in Canadian waters.'' Id. These facilities include ``a 
0.15 mile stretch of 7,200 volt three-phase overhead line, then 0.14 
miles of 7,200 volt singlephase overhead, and then 2.27 miles of 7,200 
volt single-phase underwater line to the U.S./Canada border, which is 
just beyond Curtis Island.'' Id. The facilities include ``two single-
circuit lines'' crossing the border--``[t]he first heads north from the 
Curtis Island . . . and feeds the majority of the customer accounts in 
Canadian waters,'' and ``[t]he second line heads east of Curtis Island 
and feeds the remaining two customer accounts in Canadian waters.'' Id. 
at 6.
    North Star also proposes to upgrade some of its existing cross-
border facilities, and requests that any permit `include permission to 
make appropriate upgrades to the [f]acilities to enable North Star to 
continue to reliably serve the customers in [Canada].'' App. at 3. The 
Applicant notes that it ``does not expect to construct any additional 
cross-border facilities (i.e., new crossing points). Id. at 3 n.4
    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 or distribution 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 Federal Power Act 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.
    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). Two copies of each comment 
or motion to intervene should be filed with DOE on or before the date 
listed above.
    Additional copies of such motions to intervene also should be filed 
directly with: Daniel E. Frank, 700 Sixth St. NW, Suite 700, 
Washington, DC 20001;

[[Page 38700]]

sutherland.com">DanielFrank@eversheds-sutherland.com.
    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 may consider the environmental impacts of the 
proposed project, determine the 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 it may also deem relevant to the public interest. DOE must also 
obtain favorable recommendations of the Secretary of State and the 
Secretary of Defense before taking final action on a Presidential 
permit application.
    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 website at https://energy.gov/oe/services/electricity-policy-coordination-and-implementation/international-electricity-regulatio-2.

    Signed in Washington, DC, on July 19, 2021.
Christopher Lawrence,
Management and Program Analyst, Energy Resilience Division, Office of 
Electricity.
[FR Doc. 2021-15599 Filed 7-21-21; 8:45 am]
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