[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Notices]
[Page 29664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09736]


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DEPARTMENT OF ENERGY

[GDO Docket No. EA-325-C]


Application for Renewal of Authorization To Export Electric 
Energy; Emera Energy Services Subsidiary No. 5 LLC

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of application.

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SUMMARY: Emera Energy Services Subsidiary No. 5 LLC (the Applicant or 
EESS-5) 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 June 7, 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 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 April 19, 2007, DOE issued Order No. EA-325, authorizing EESS-5 
to transmit electric energy from the United States to Canada as a power 
marketer. This authority was renewed on October 2, 2013 (Order No. EA-
325-A) and on September 18, 2018 (Order No. EA-325-B). On March 15, 
2023, EESS-5 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-5 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. EESS-5 operates as a 
marketing company involved in, among other things, the purchase and 
sale of electricity in the United States as a power marketer.'' App at 
5. EESS-5 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.'' App 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. 
EESS-5's 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 
email 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 email address previously 
provided in accordance with FERC Rule 214 (18 CFR 385.214).
    Comments and other filings concerning EESS-5's Application should 
be clearly marked with GDO Docket No. EA-325-C. 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, 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 May 1, 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 May 3, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-09736 Filed 5-5-23; 8:45 am]
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