[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Notices]
[Pages 67269-67270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21409]


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DEPARTMENT OF ENERGY

[GDO Docket No. EA-503]


Application for Authorization To Export Electric Energy; CWP 
Energy, Inc.

AGENCY: Grid Deployment Office, Department of Energy.

[[Page 67270]]


ACTION: Notice of application.

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SUMMARY: CWP Energy, Inc. (the Applicant or CWP Energy) 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 October 30, 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 January 3, 2017, DOE issued Order No. EA-429 authorizing CWP 
Energy to transmit electric energy from the United States to Mexico as 
a power marketer. On May 3, 2017, DOE issued Order No. EA-429-A to 
reflect CWP Energy's corporate name change and incorporated all other 
terms and conditions as originally described in Order No. EA-429. On 
June 29, 2023, CWP Energy filed an application with DOE (Application or 
App.) for renewal of its export authority for an additional five-year 
term. App. at 1. The Application noted that Order No. EA-429-A lapsed 
on January 3, 2022, and CWP Energy continued to engage in transactions 
during the lapsed period. Id. and n.1.
    In Order No. EA-429, DOE indicated that, ``continuing to export 
after the expiration of [a valid] order [to export electricity], may 
result in a denial of authorization of export in the future and subject 
the exporter to sanctions and penalties under the FPA.'' Order No. EA-
429 at 9. Because the Applicant's prior authorization in Order No. EA-
429-A has long expired, DOE has determined that granting a renewal of 
such authorization would not be appropriate. Instead, DOE will treat 
CWP Energy's submission as an application for a new authorization.
    In its Application, CWP Energy states it ``is a Canadian 
Corporation with its principal place of business in Montr[eacute]al, 
Qu[eacute]bec, Canada.'' App. at 3. The Applicant further states it 
``is owned 89.9% by McGill-St. Laurent and 10.1% by Investissements AFA 
Inc. McGill-St. Laurent is owned by two individuals, Mr. Phillipe 
Boisclair, as a majority owner, and Mr. Christian L'Abbe, as a minority 
owner.'' Id. The Applicant further indicates that, ``Mr. Boisclair and 
Mr. L'Abbe do not have any ownership interest or involvement in any 
other company that is a traditional utility or that owns, operates, or 
controls any electric generation, transmission or distribution 
facilities, nor do they have any direct involvement with the energy 
industry other than through the ownership of CWP Energy and its 
affiliates.'' Id. In addition, ``Investissements AFA Inc. is owned by 
Mr. Alain Brisebois'' and he ``does not have any ownership interest or 
involvement in any other company that is a traditional utility or that 
owns, operates, or controls any electric generation, transmission or 
distribution facilities, nor does he have any direct involvement with 
the energy industry other than through his ownership, and in his 
capacity as President, of CWP Energy.'' Id. CWP Energy represents that 
it ``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.'' Id. at 5. CWP Energy 
also states that, ``[b]y definition, such power is surplus to the 
system of the generator and, therefore, the electric power that CWP 
Energy will export on either a firm or interruptible basis will not 
impair the sufficiency of the electric power supply within 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 CWP Energy's Application 
should be clearly marked with GDO Docket No. EA-503. Additional copies 
are to be provided directly to Ruta Kalvaitis Sku[ccaron]as and Chimera 
N. Thompson, K&L Gates LLP, 1601 K St. NW, Washington, DC 20006, 
[email protected]; and Alain Brisebois, CWP Energy, 407 McGill 
Street, Suite 315, Montreal, PQ, H2Y 2G3, [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, 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 September 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 September 26, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-21409 Filed 9-28-23; 8:45 am]
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