[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10308-10309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03439]


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DEPARTMENT OF ENERGY

[GDO Docket No. EA-338-C]


Application for Renewal of Authorization To Export Electric 
Energy; Shell Energy North America (US), L.P.

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of application.

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SUMMARY: Shell Energy North America (US), L.P. (the Applicant or Shell 
Energy) 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 May 5, 2008, DOE issued Order No. EA-338 authorizing Shell 
Energy to transmit electric energy from the United States to Mexico as 
a power marketer. DOE subsequently renewed Shell Energy's authorization 
to export electric energy from the United States to Mexico as a power 
marketer in Order No. EA-338-A (May 9, 2013), and again in Order No. 
EA-338-B (May 30, 2018). On December 2, 2022, Shell Energy filed an 
application with DOE (Application or App) for renewal of their export 
authority for an additional five-year term. App at 1.
    In its Application, Shell Energy states that it ``does not own any 
electric generation or transmission facilities and does not hold a 
franchise or service territory or native load obligation.'' App at 2. 
Shell Energy seeks to renew its authority to ``export electric energy 
acquired from U.S. generating sources to Mexico over international 
electric transmission facilities.'' App at 3. Shell Energy represents 
that it ``will purchase the power to be exported from electric 
utilities, qualifying small power production facilities, cogeneration 
facilities and federal power marketing agencies'' and that ``electric 
energy exported pursuant to the authorization requested in this Renewal 
Application, whether on a firm or interruptible basis, will be 
purchased in bilateral, voluntary transactions from the surplus and 
available electric energy of the generator/seller.'' App at 4. 
Therefore,

[[Page 10309]]

``Shell Energy's exports to Mexico will not impair the sufficiency of 
the electric power supply within the U.S.'' 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. 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 Shell Energy's Application 
should be clearly marked with GDO Docket No. EA-338-C. Additional 
copies are to be provided directly to David L. Smith, Regulatory 
Advisor DF--Shell Energy, 1000 Main, Suite 1200, Houston, TX 77002-
6336, (713) 767-5542, [email protected] and Catherine McCarthy, 
Partner--Bracewell LLP, 2001 M. Street NW, Suite 900, Washington, DC 
20036-3310, (202) 828-5839, [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. 2023-03439 Filed 2-16-23; 8:45 am]
BILLING CODE 6450-01-P