[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 59882-59883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18728]


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DEPARTMENT OF ENERGY

[GDO Docket No. EA-502]


Application for Authorization To Export Electric Energy; In 
Commodities US LLC

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of application.

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SUMMARY: In Commodities US LLC (the Applicant or In Commodities) has 
applied for 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)

[[Page 59883]]

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 June 21, 2023, In Commodities filed an application with DOE 
(Application or App.) for authorization to transmit electric energy to 
Canada for a five-year term. App at 1.
    In its Application, In Commodities states that it is a Delaware 
limited liability company with its headquarters in Denmark, and that 
``is also registered as a foreign limited liability company in the 
states of New Jersey, New York, and Texas.'' Id. at 2. The Applicant 
states it ``is a direct, wholly owned subsidiary of In Commodities US 
ApS, a corporation organized under the laws of Denmark. In Commodities 
US ApS is wholly owned by Incomas Global ApS, also organized under the 
laws of Denmark. In Commodities Global ApS is wholly owned by Incomas 
Holdings ApS, also organized under the laws of Denmark.'' Id. The 
Applicant represents that it ``has no electric power supply system on 
which the proposed exports could have a reliability, fuel use system, 
or stability impact. In Commodities also has no obligation to serve 
native load usually associated with a franchised service area, and, 
thus, the exports proposed by In Commodities will not impair its 
ability to meet current and prospective power supply obligations.'' Id. 
at 3-4. The Applicant further states, ``In Commodities will purchase 
power to be exported from a variety of sources such as power marketers, 
independent power producers, or U.S. electric utilities and federal 
power marketing entities as those terms are defined in Sections 3(22) 
and 3(19) of the FPA. By definition, such power is surplus to the 
system of the generator and, therefore, the electric power that In 
Commodities will export on either a firm or interruptible basis will 
not impair the sufficiency of the electric power supply within the 
U.S.'' Id. at 4.
    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 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 In Commodities' Application 
should be clearly marked with GDO Docket No. EA-502. Additional copies 
are to be provided directly to Divna Gavric, In Commodities US LLC, 251 
Little Falls Drive, Wilmington, DE 19808, commodities.com">marketsetup@in-commodities.com and Valerie L. Green, Pierce Atwood LLP, 1875 K St. NW, 
Suite 700, 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-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. 2023-18728 Filed 8-29-23; 8:45 am]
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