[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Notices]
[Page 21664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07551]


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DEPARTMENT OF ENERGY

[GDO Docket No. EA-446-A]


Application for Renewal of Authorization To Export Electric 
Energy; Emera Energy Services Subsidiary No. 11 LLC

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of application.

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SUMMARY: Emera Energy Services Subsidiary No. 11 LLC (the Applicant or 
EESS-11) has applied for renewed 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 May 11, 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: Christina Gomer, (240) 474-2403, 
[email protected].

SUPPLEMENTARY INFORMATION: The U. S. 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 June 22, 2018, DOE issued Order No. EA-446 authorizing EESS-11 
to transmit electric energy from the United States to Canada as a power 
marketer. On February 7, 2023, EESS-11 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, EESS-11 states that it ``does not own or 
control any electric power generation or transmission facilities and 
does not have a franchised electric power service area.'' App. at 5. 
EESS-11 also states it ``operates as a marketing company involved in, 
among other things, the purchase and sale of electricity in the United 
States as a power marketer.'' Id. EESS-11 represents that it ``will 
purchase surplus electric energy from electric utilities and other 
suppliers within the United States and will export this energy to 
Canada over the international electric transmission facilities.'' Id. 
at 6. Therefore, the Applicant contends that ``because this electric 
energy will be purchased from others voluntarily, it will be surplus to 
the needs of the selling entities.'' Id. EESS-11 further contends its 
``export of power will not impair the sufficiency of electric power 
supply in 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 previously. 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 previous address in accordance 
with FERC Rule 214 (18 CFR 385.214).
    Comments and other filings concerning EESS-11's Application should 
be clearly marked with GDO Docket No. EA-446-A. Additional copies are 
to be provided directly to Keith Sutherland, Vice President, Legal & 
Regulatory Affairs--Emera Energy, 5151 Terminal Road, Halifax, NS B3J 
1A1 Canada, [email protected] and Bonnie A. Suchman, 
Suchman Law LLC, 8104 Paisley Place, Potomac, Maryland, 20854, 
[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 on the program 
website at https://www.energy.gov/gdo/pending-applications or, upon 
request, by emailing [email protected].
    Signing Authority: This document of the Department of Energy was 
signed on April 5, 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 April 6, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-07551 Filed 4-10-23; 8:45 am]
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