[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10310-10311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03374]


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DEPARTMENT OF ENERGY

[GDO Docket No. EA-501]


Application To Export Electric Energy, EDC Power, LLC

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of application.

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SUMMARY: EDC Power, LLC (the Applicant or EDC POWER) has applied for 
authorization to transmit electric energy from the United States to 
Mexico pursuant to the Federal Power Act.

DATES: Comments, protests, or motions to intervene must be submitted on 
or before March 20, 2023.

ADDRESSES: Comments, protests, motions to intervene, or requests for 
more information should be addressed by electronic mail to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Steven Blazek, (240) 474-2780, 
[email protected].

SUPPLEMENTARY INFORMATION: The United States Department of Energy (DOE) 
regulates electricity exports from the United States to foreign 
countries in accordance with section 202(e) of the Federal Power Act 
(FPA) (16 U.S.C. 824a(e)) and regulations thereunder (10 CFR 205.300 et 
seq.). Sections 301(b) and 402(f) of the DOE Organization Act (42 
U.S.C. 7151(b) and 7172(f)) transferred this regulatory authority, 
previously exercised by the now-defunct Federal Power Commission, to 
DOE.
    Section 202(e) of the FPA provides that an entity which seeks to 
export electricity must obtain an order from DOE authorizing that 
export. (16 U.S.C. 824a(e)). On June 13, 2022, the authority to issue 
such orders was delegated to the DOE's Grid Deployment Office (GDO) 
under Delegation Order No. S1-DEL-S3-2022-2 and Redelegation Order No. 
S3-DEL-GD1-2022.
    On July 12, 2022, EDC POWER filed an application with DOE 
(Application or App) for authority ``to transmit electric energy across 
international transmission facilities into Mexico as a power-marketer 
for a term of five years.'' App at 1. EDC POWER states that it is 
``incorporated under the laws of Texas with its principal place of 
business in Houston, Texas'' and adds that it ``is the wholly owned 
subsidiary of EDECSAMEX, S.A. de C.V. (``EDECSAMEX''), a company 
incorporated in Mexico.'' EDC POWER represents that energy it 
``proposes to export to Mexico will be purchased as excess energy from 
third parties, such as electric utilities and federal power marketing 
agencies, pursuant to voluntary agreements, and wheeled over existing 
transmission facilities owned by third parties.'' Id. Additionally, 
``neither EDC Power, nor any of its owners, own or control (nor hold an 
interest in other entities that own or control) any electric power 
generation or transmission facilities within the United States. 
Additionally, neither EDC POWER nor any of its owners hold a franchised 
electric power service area nor have a native load obligation.'' Id at 
2.
    EDC POWER represents that ``[a]s the electric power that EDC POWER 
plans to export to Mexico will be excess supply, its commercial plan 
does not impact native load requirements. Moreover, as the electric 
power it plans to export will be wheeled over transmission facilities 
owned and operated by third parties, it will not affect reliability of 
the ERCOT [Electric Reliability Council of Texas] transmission network, 
or other networks if and when it expands its commercial plan into other 
markets. Therefore, the export of electric energy to Mexico by EDC 
POWER will not impact the sufficiency of electric supply nor the 
reliability of the transmission grid.'' Id at 2-3.
    The existing international transmission facilities to be utilized 
by EDC Power are set forth in Exhibit C to its Application and have 
been previously authorized by Presidential permits issued pursuant to 
Executive Order 10485, as amended, and are appropriate for open access 
transmission by third parties.

[[Page 10311]]

    PROCEDURAL MATTERS: Any person desiring to be heard in this 
proceeding should file a comment or protest to the Application at the 
address provided above. Protests should be filed in accordance with 
Rule 211 of the Federal Energy Regulatory Commissions' (FERC) Rules of 
Practice and Procedure (18 CFR 385.211). Any person desiring to become 
a party to this proceeding should file a motion to intervene at the 
above address in accordance with FERC Rule 214 (18 CFR 385.214).
    Comments and other filings concerning EDC POWER's Application 
should be clearly marked with GDO Docket No. EA-501. Additional copies 
are to be provided directly to Vahid Sadeghpour, Manager--EDC Power, 
LLC, 2615 Centenary Street, Houston, Texas 77005, (713) 851-0473, 
[email protected], and Gregory Arroyo, Jr., Counsel--EDC Power, 
LLC, 124 Palm Blvd., Missouri City, TX 77459, (713) 907-5505, 
[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 
United States electric power supply system.
    Copies of this Application will be made available, upon request, by 
accessing the program website at https://www.energy.gov/gdo/pending-applications or by emailing [email protected].
    Signing Authority: This document of the Department of Energy was 
signed on February 13, 2023, by Maria Robinson, Director, Grid 
Deployment Office, pursuant to delegated authority from the Secretary 
of Energy. That document with the original signature and date is 
maintained by DOE. For administrative purposes only, and in compliance 
with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on February 14, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-03374 Filed 2-16-23; 8:45 am]
BILLING CODE 6450-01-P