[Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Notices]
[Pages 41603-41604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13543]


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DEPARTMENT OF ENERGY

[GDO Docket No. EA-499]


Application for Authorization To Export Electric Energy; Elektron 
Power LLC

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of application.

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SUMMARY: Elektron Power LLC (the Applicant or Elektron) 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

[[Page 41604]]

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 May 2, 2023, Elektron filed an application with DOE (Application 
or App.) for export authority for a five-year term. App. at 1.
    In its Application, Elektron states that it ``does not own or 
control any electric generating or transmission facilities, nor does 
the Applicant have a franchised service area. Upon obtaining 
authorization to export power, Applicant will operate as a power 
marketer[ ] and broker and buy electric power at wholesale in the 
United States.'' Id. at 2. Elektron also states it ``contemplates 
making wholesale sales within the United States, and will seek all 
appropriate regulatory authorizations, including but not limited to 
authorization from the Federal Energy Regulatory Commission (``FERC'') 
to make sales of electric power at wholesale in interstate commerce at 
market-based rates.'' Id. Elektron represents that it ``may purchase 
the power to be exported from wholesale generators, electric utilities, 
power marketers, and power marketing agencies; or may return to Mexico 
energy transmitted to but not sold in the United States (e.g., from 
battery storage in the U.S.). Applicant will have title to any 
electricity transmitted to Mexico under the authorization sought in 
this Application.'' Id. Elektron also states ``the proposed exports 
will not impair or tend to impede the sufficiency of electricity 
supplies in the United States or the regional coordination of electric 
utility planning or operations.'' 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 G.
    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 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 Elektron's Application should 
be clearly marked with GDO Docket No. EA-499. Additional copies are to 
be provided directly to Roberto Gomez, Elektron Power LLC, 939 Coast 
Blvd., 6F, La Jolla, CA 92037, [email protected] and Mark F. 
Sundback, Sheppard, Mullin, Richter & Hampton LLP, 2099 Pennsylvania 
Avenue NW, Suite 100, Washington, DC 20006, 
[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. 2023-13543 Filed 6-26-23; 8:45 am]
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