[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Notices]
[Pages 70656-70657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22594]


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DEPARTMENT OF ENERGY

[GDO Docket No. EA-459-A]


Application for Renewal of Authorization To Export Electric 
Energy; Mercuria Energy America, LLC

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of application.

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SUMMARY: Mercuria Energy America, LLC (the Applicant or Mercuria) has 
applied for renewed 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 November 13, 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 November 19, 2018, DOE issued Order No. EA-459 authorizing 
Mercuria to transmit electric energy from the United States to Mexico 
as a power marketer. On August 18, 2023, Mercuria filed an application 
with DOE (Application or App.) for renewal of their export authority 
for an additional five-year term. App. at 1.
    In its Application, Mercuria states that neither it ``nor any of 
its affiliates owns or controls any generation or transmission 
facilities.'' App. at 2. Further, the Applicant notes ``neither 
Mercuria nor any of its affiliates is a franchised utility or 
affiliated with any franchised utilities in North America.'' Id. 
Mercuria represents that it ``will acquire electricity on both a firm 
and interruptible basis from a variety of suppliers (i.e., generators, 
electric utilities and other power marketers) that would enter into 
such transactions voluntarily, and therefore will be surplus of the 
selling entities.'' Id. at 4. Mercuria therefore asserts that ``as 
required by FPA Section 202(e), 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.
    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 App. at 
Attachment 1.
    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 Mercuria's Application should 
be clearly marked with GDO Docket No. EA-459-A. Additional copies are 
to be provided directly to Steven Bunkin, Mercuria Energy America, LLC, 
33 Benedict Place, Greenwich, CT 06830, [email protected], and Jay 
Michals, Mercuria Energy America, LLC, 20 E Greenway Plaza, Ste. 650, 
Houston, TX 77046, [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 www.energy.gov/gdo/pending-applications-0 or by emailing [email protected].

Signing Authority

    This document of the Department of Energy was signed on October 6, 
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.


[[Page 70657]]


    Signed in Washington, DC, on October 6, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-22594 Filed 10-11-23; 8:45 am]
BILLING CODE 6450-01-P