[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10309-10310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03432]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

[GDO Docket No. EA-318-D]


Application for Renewal of Authorization To Export Electric 
Energy; AEP Energy Partners, Inc.

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of application.

-----------------------------------------------------------------------

SUMMARY: AEP Energy Partners, Inc. (the Applicant or AEP-EP) 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 February 22, 2007, DOE issued Order No. EA-318, which authorized 
CSW Power Marketing to transmit electric energy from the United States 
to Mexico for a five-year term using existing international 
transmission facilities. Shortly thereafter, CSW Power Marketing 
changed its name to AEP Energy Partners, Inc. (AEP-EP). Consequently, 
on June 27, 2007, DOE rescinded Order No. EA-318 and issued Order No. 
EA-318-A to AEP-EP under the same terms and conditions as the original 
authorization.
    On December 19, 2011, AEP-EP filed an application seeking to renew 
its export authority for a 10-year term. On January 20, 2012, DOE 
published notice of AEP-EP's renewal application in the Federal 
Register (77 FR 1474, January 20, 2012). Sierra Club filed a timely 
motion to intervene and protest on February 9, 2012. On February 16, 
2012, AEP-EP filed an emergency request for continuance or temporary 
extension of its existing export authorization, together with a request 
for expedited consideration. On February 17, 2012, Sierra Club filed an 
opposition to AEP-EP's emergency request. On February 22, 2012, DOE 
issued letter order No. EA-318-B to AEP-EP, allowing it to continue 
exporting electricity from the United States to Mexico for emergency 
purposes only. On January 28, 2013, DOE issued EA-318-C, granting AEP-
EP authorization to export electric energy to Mexico.
    On October 19, 2022, AEP-EP filed an application with DOE 
(Application or App) for renewal of their export authority for an 
additional five-year term or any longer period allowable. App at 2. Per 
the Q3 2022 Form EIA-111 filed by AEP-EP at the United States Energy 
Information Administration, AEP-EP is currently exporting electricity. 
On January 11, 2023, AEP-EP filed an emergency request for continuance 
or temporary extension of existing export authorization or for a 
temporary export authorization and request for expedited consideration. 
On January 25, 2023, DOE granted a temporary extension of AEP-EP's 
existing export authorization Order No. EA-318-C until such time as DOE 
reviews the renewal Application.
    In its Application, AEP-EP states that it ``does not own control or 
operate any electric generation, distribution or transmission assets'' 
nor does it ``have a franchised electric power service area or service 
territory for the transmission, distribution or sale of electric power 
in the United States or Mexico.'' App at 2. AEP-EP seeks to renew its 
authority to ``export electric energy from the United States of America 
(`United States') to Mexico over any authorized international electric 
transmission

[[Page 10310]]

facilities that are appropriate for `open access' transmission by third 
parties.'' App at 1. AEP-EP represents that it will ``purchase the 
electric energy to be exported to Mexico in the wholesale energy market 
pursuant to voluntary agreements with electric utilities and federal 
power marketing agencies'' and that, by definition, ``such power is 
surplus to the system of the electric utilities and federal power 
marketing agencies, and, thus, will not impair or have an adverse 
effect on the sufficiency or operation of the electric power system'' 
of the United States. App at 5.
    The existing international transmission facilities to be utilized 
by the Applicant 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. See App at 
Exhibit C.
    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 FERC's 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 AEP-EP's Application should 
be clearly marked with GDO Docket No. EA-318-D. Additional copies are 
to be provided directly to Thomas M. Myers, Vice President--AEP Energy 
Partners, Inc., 1 Riverside Plaza, 31st Floor, Columbus, OH 43215, 
(614) 716-3170, [email protected] and Carol Gosain, Steptoe & Johnson LLP, 
1330 Connecticut Avenue NW, Washington, DC 20036, (202) 429-6461, 
[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. 2023-03432 Filed 2-16-23; 8:45 am]
BILLING CODE 6450-01-P