[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Notices]
[Pages 70654-70655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22597]


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DEPARTMENT OF ENERGY

[GDO Docket No. EA-345-C]


Application for Renewal of Authorization To Export Electric 
Energy; New Brunswick Energy Marketing Corporation

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of application.

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SUMMARY: New Brunswick Energy Marketing Corporation (the Applicant or 
NBEMC) 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 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 December 5, 2008, DOE issued Order No. EA-345, authorizing NBEMC 
(f/k/a New Brunswick Power Generation Corporation) to transmit electric 
energy from the United States to Canada as a power marketer. This 
authority was renewed on December 6, 2013, (Order No. EA-345-A) and on 
December 5, 2018 (Order No. EA-345-B). On August 23, 2023, NBEMC filed 
an application with DOE (Application or App) for renewal of their 
export authority for an additional five-year term. App at 2.
    In its Application, NBEMC states that it will purchase power to be 
exported to Canada from electric utilities in the U.S., federal power 
marketing agencies, qualifying cogeneration and small power production 
facilities, independent power producers, and other sellers. App. at 5. 
NBEMC notes it ``does not own any electric generation or transmission 
facilities and, as a power marketer, does not hold a franchise or 
service territory or native load obligation.'' Id. at 6. NBEMC also 
states it is not affiliated with an entity that holds a franchise or 
service territory in the U.S., and ``[t]hus, NBEMC has no transmission 
`system' of its own on which its exports of power could have a 
reliability or stability impact.'' Id. NBEMC asserts DOE has recognized 
that power purchased by a power marketer is surplus to the needs of the 
selling entities, and exports of electricity under such circumstances 
would not impair the sufficiency of electric supply within the U.S. Id. 
at 7.
    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 
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 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).

[[Page 70655]]

    Comments and other filings concerning NBEMC's Application should be 
clearly marked with GDO Docket No. EA-345-C. Additional copies are to 
be provided directly to Tyler S. Johnson, Bracewell LLP, 701 5th 
Avenue, Suite 3400, Seattle, Washington 98104, 
[email protected]; Josh R. Robichaud, Bracewell LLP, 2001 M 
Street NW, Suite 900, Washington, DC 20036, 
[email protected]; Tracey L. Bradley, Bracewell LLP, 2001 M 
Street NW, Suite 900, Washington, DC 20036, 
[email protected]; and John S. Bird, New Brunswick Energy 
Marketing Corporation, 515 King Street, 2nd Floor, P.O. Box 2040, 
Fredericton, New Brunswick, Canada E3B 5G4, [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.

    Signed in Washington, DC, on October 6, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-22597 Filed 10-11-23; 8:45 am]
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