[Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Notices]
[Page 41603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13541]



[[Page 41603]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

[GDO Docket No. EA-497]


Application for Authorization to Export Electric Energy; Direct 
Energy Business Marketing, LLC

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of application.

-----------------------------------------------------------------------

SUMMARY: Direct Energy Business Marketing, LLC (the Applicant or DEBM) 
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 July 27, 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 April 10, 2023, the authority to issue 
such orders was delegated to the DOE's Grid Deployment Office (GDO) by 
Delegation Order No. S1-DEL-S3-2023 and Redelegation Order No. S3-DEL-
GD1-2023.
    On March 31, 2023, DEBM filed an application with DOE (Application 
or App.) for authorization to transmit electric energy to Mexico for a 
five-year term. App. at 1.
    In its Application, DEBM 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. DEBM operates as a 
marketer[ ] and broker of electric power at wholesale and arranges 
services in related areas such as fuel supplies and transmission 
services.'' Id. at 2. DEBM represents that it ``will purchase the 
energy to be exported from wholesale generators, electric utilities, 
and federal power marketing agencies.'' Id. DEBM notes they are 
``affiliated with entities that own wholesale generating facilities.'' 
Id. at n.3. DEBM also states that, ``[b]y definition, such energy is 
surplus to the system of the generator and thus, exportation of said 
energy will not impair the adequacy of electric power supply within the 
United States.'' Id. at 3.
    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 Id. at 
Exhibit C.
    Procedural Matters: Any person desiring to be heard in this 
proceeding should file a comment or protest to the Application at 
[email protected]. Protests should be filed in accordance 
with Rule 211 of the Federal Energy Regulatory Commission's (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 [email protected] in accordance with FERC Rule 214 (18 
CFR 385.214).
    Comments and other filings concerning DEBM's Application should be 
clearly marked with GDO Docket No. EA-497. Additional copies are to be 
provided directly to Michael A. Yuffee and Ryan C. Norfolk, Baker Botts 
LLP, 700 K Street NW, Washington, DC 20001, 
[email protected], [email protected], and Alan 
Johnson NRG Energy, Inc., 804 Carnegie Center, Princeton, NJ 08540, 
[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 June 21, 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 June 21, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-13541 Filed 6-26-23; 8:45 am]
BILLING CODE 6450-01-P