[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 59885-59886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18719]


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DEPARTMENT OF ENERGY

[GDO Docket No. EA-455-A]


Application for Renewal of Authorization To Export Electric 
Energy; NS Power Energy Marketing Incorporated

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of application.

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SUMMARY: NS Power Energy Marketing Incorporated (the Applicant or NSP 
Marketing) 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 September 29, 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 August 30, 2018, DOE issued Order No. EA-455 authorizing NSP 
Marketing to transmit electric energy from the United States to Canada 
as a power marketer. On June 30, 2023, NSP Marketing filed an 
application with DOE (Application or App.) for renewal of its export 
authority for an additional five-year term. App. at 1.
    In its Application, NSP Marketing states it is a wholly-owned 
subsidiary of Nova Scotia Power Inc. (`NSPI') and that NSPI ``is a 
wholly-owned subsidiary of Emera Incorporated (Emera). Id. Although 
Emera, the Applicant's parent company, owns and controls electric power 
generation and transmission facilities, the Applicant asserts ``NSP 
Marketing does not own or control any electric power generation or 
transmission facilities and does not have a franchised electric power 
service area. NSP Marketing 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. at 6. NSP Marketing represents 
that it ``will purchase surplus electric energy from electric utilities 
and other suppliers within the United States[.]'' Id. at 7. NSP 
Marketing also states 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. 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) 
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 NSP Marketing's Application 
should be clearly marked with GDO Docket No. EA-455-A. Additional 
copies are to be provided directly to Matt Clarke, Nova Scotia Power, 
1223 Lower Water St., Halifax, NS B3J 3S8 Canada, 
[email protected]; Jeffrey J. Jakubiak, Vinson & Elkins LLP, 1114 
Avenue of the Americas, 32nd Floor, New York, NY 10036, 
[email protected]; and Jennifer C. Mansh, Vinson & Elkins LLP, 2200 
Pennsylvania Avenue NW, Suite 500 West, Washington, DC 20037, 
[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.

[[Page 59886]]

    Copies of this Application will be made available, upon request, on 
the program website at https://www.energy.gov/gdo/pending-applications-0 or by emailing [email protected].
    Signing Authority: This document of the Department of Energy was 
signed on August 24, 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 August 25, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-18719 Filed 8-29-23; 8:45 am]
BILLING CODE 6450-01-P