[Federal Register Volume 88, Number 52 (Friday, March 17, 2023)]
[Notices]
[Pages 16427-16428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05466]


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DEPARTMENT OF ENERGY

[GDO Docket No. EA-380-A]


Application for Renewal of Authorization To Export Electric 
Energy; Freepoint Commodities LLC

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of application.

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SUMMARY: Freepoint Commodities LLC (the Applicant or Freepoint) 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 April 17, 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 September 29, 2011, in Order No. EA-380, the DOE authorized 
Freepoint to export electricity from the United State to Canada as a 
power marketer for a period of ten years ending on September 29, 2021. 
On September 30, 2022, Freepoint filed an application with DOE 
(Application or App) for renewal of their export authority for an 
additional ten-year term. App. at 1.
    Freepoint acknowledged in its Application that it did not seek to 
renew its authorization to export electricity to Canada prior to the 
lapse of the authorization granted in Order No. EA-380. Since the 
expiration of that authorization, as indicated in its quarterly filings 
with the Department (which it continued to file, notwithstanding the 
expiration of the authorization), Freepoint has not exported any 
electricity from the United States. Freepoint seeks renewal of its 
authorization at this time because it anticipates entering one or more 
transactions that could involve exports of electricity to Canada. App 
at 1-2.
    In its Application, the Applicant states that it ``does not own or 
control any electric generation or transmission facilities, nor does it 
hold a franchise or service territory for the transmission, 
distribution, or sale of electric power.'' App at 3. Freepoint further 
states that it ``has purchased, or will purchase, the power that may be 
exported to Canada from wholesale generators, electric utilities, 
federal power marketing agencies, and the markets administered by 
independent system operators (ISOs) and regional transmission 
organizations (RTOs).'' Id.
    Freepoint ``plans to export electric power over authorized 
transmission interconnections between Canada and the United States. 
Transmission to the point of delivery will be arranged by Freepoint 
over any authorized existing international electric transmission 
facilities (including those set out in Attachment 1), and over any 
international transmission facilities that may be approved by the 
Department in the future.'' App at 4.
    Therefore, ``Freepoint's export of electric energy to Canada does 
not and will not impair the sufficiency of electric supply within the 
United States nor does it or will it impede or tend to impede the 
coordination in the public interest of facilities subject to the 
jurisdiction of the Federal Energy Regulatory Commission (FERC).'' App 
at 2.
    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 
4; Attachment 1.
    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

[[Page 16428]]

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 Freepoint's Application 
should be clearly marked with GDO Docket No. EA-380-A. Additional 
copies are to be provided directly to Martin Ramirez, Head of 
Compliance, Freepoint Commodities, LLC, 58 Commerce Road, Stamford, CT 
06902; (203) 542-6767; [email protected] and Daniel E. Frank, 
Eversheds Sutherland (US) LLP, 700 Sixth St. NW, Suite 700, Washington, 
DC 20001-3980; (202) 383-0838; sutherland.com">DanielFrank@eversheds-sutherland.com.
    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 March 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 March 14, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-05466 Filed 3-16-23; 8:45 am]
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