[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10311-10312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03435]


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DEPARTMENT OF ENERGY

[GDO Docket No. EA-296-D]


Application for Renewal of Authorization To Export Electric 
Energy; Rainbow Energy Marketing Corporation

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of application.

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SUMMARY: Rainbow Energy Marketing Corporation (the Applicant or 
Rainbow) has applied for authorization to transmit electric energy from 
the United States to Canada 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 Department of Energy (DOE) 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 November 9, 2004, DOE issued Order No. EA-296, which authorized 
Rainbow to transmit electric energy from the United States to Canada as 
a power marketer for a two-year term. That authorization expired on 
November 9, 2006. Subsequent authorization renewals were issued by DOE 
on September 18, 2007 (Order No. EA-296-A), September 20, 2012 (Order 
No. EA-296-B), and September 17, 2017 (Order No. EA-296-C). On 
September 16, 2022, Rainbow filed an application with DOE (Application 
or App) for renewal of their export authority for an additional five-
year term.
    In its application, Rainbow states that it ``does not own or 
control any physical electric generation or transmission facilities in 
the U.S. and does not have any franchised service territory in the 
U.S.'' App at Paragraph (d). Rainbow seeks to renew its authority to 
``engage in open-ended transactions to export electricity to Canada 
under terms and conditions to be negotiated in the future.'' App at 
Paragraph (g). Because Rainbow has neither any franchised service 
territory nor any generation facilities, it represents that the 
proposed electric power exports under its application are ``surplus to 
the needs of those entities selling electric power to Rainbow.'' Id. In 
other words, the energy will be purchased as excess 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. The Applicant further 
states that all electricity exported by Rainbow will be ``transmitted 
pursuant to arrangements with utilities that own and operate existing 
transmission facilities and will be consistent with all applicable 
export limits on transmitting facilities, including those of the border 
facilities used, and with other terms and conditions contained in 
existing Presidential Permits and electricity export authorizations 
associated with these transmission facilities.'' Id. Therefore, Rainbow 
represents that ``the proposed export of electricity will not impair 
the sufficiency of electric supply within the U.S. or impede regional 
coordination of electric utility planning or operation.'' Id.
    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. 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 Rainbow's Application should 
be clearly marked with GDO Docket No. EA-296-D. Additional copies are 
to be provided directly to Joseph A. Wolfe, Executive Vice President--
Rainbow Energy Marketing Corporation, 919 South 7th Street Suite

[[Page 10312]]

405, Bismarck, ND 58504, (701) 222-2290, [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 13, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-03435 Filed 2-16-23; 8:45 am]
BILLING CODE 6450-01-P