[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Notices]
[Page 89433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28480]


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DEPARTMENT OF ENERGY

[GDO Docket No. EA-468-A]


Application for Renewal of Authorization To Export Electric 
Energy; TransCanada Energy Sales Ltd.

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of application.

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SUMMARY: TransCanada Energy Sales Ltd. (the Applicant or TCES) 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 January 26, 2024.

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 May 6, 2014, DOE issued Order No. EA-98-M, authorizing certain 
members of WSPP Inc., including TCES, to transmit electric energy from 
the United States to Canada as power marketers. TCES's export authority 
was renewed on May 13, 2019 (Order No. EA-468). On November 14, 2023, 
TCES 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, TCES states that it ``does not own or control 
any generation, transmission, or distribution facilities within the 
United States and does not have a franchised electric power service 
area.'' Id. at 2. Further, TCES is not affiliated with an entity that 
holds an electric franchise or service territory in the United States. 
Id. Rather, TCES is a power marketer seeking continued authorization to 
transmit electric energy, on either a firm or interruptible basis, to 
Canada and plans to purchase the power to be exported from electric 
utilities, qualifying small power production facilities, cogeneration 
facilities and federal power marketing agencies. Id. at 3-4. The 
Applicant represents that because it neither owns, operates nor 
controls an electric power supply transmission and/or distribution 
system, ``its exports cannot have any adverse impact on the 
reliability, stability, or sufficiency of supply on a franchised 
electric supply system or the electric power supply within the U.S.'' 
Id. at 5.
    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 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'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 TCES's Application should be 
clearly marked with GDO Docket No. EA-468-A. Additional copies are to 
be provided directly to David Farmer, Senior Legal Counsel and Manager, 
TC Energy, 450-1 Street SW, Calgary, AB T2P 5H1, 
[email protected], and Catherine McCarthy, Partner, Bracewell 
LLP, 2001 M Street NW, Suite 900, Washington, DC 20036, 
[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 December 19, 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 December 20, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-28480 Filed 12-26-23; 8:45 am]
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