[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Notices]
[Pages 9135-9136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02678]


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DEPARTMENT OF ENERGY

[GDO Docket No. EA-465-A]


Application for Renewal of Authorization To Export Electric 
Energy; Brookfield Renewable Trading and Marketing LP

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of application.

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SUMMARY: Brookfield Renewable Trading and Marketing LP (the Applicant 
or BRTM) 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 March 11, 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 March 26, 2019, DOE issued Order No. EA-465, authorizing BRTM to 
transmit electric energy from the United States to Canada as a power 
marketer. On January 11, 2024, BRTM filed an application with DOE 
(Application or App.) for renewal of their export authority for an 
additional five-year term. App. at 1.
    According to the Application, Brookfield Energy Marketing LLC owns 
a 0.01 percent general partner interest in BRTM, and Brookfield Power 
New York Holding Corporation (BPNYHO) owns a 99.99 percent limited 
partner interest in BRTM. App. at 1. Brookfield Energy Market LLC is a 
Delaware limited liability company and wholly-owned subsidiary of 
Brookfield Power US Holding America Company (BPUSHA). Id. BPNYHO is a 
Delaware corporation and a wholly-owned indirect subsidiary of BPUSHA. 
Id.
    The Applicant states it does not ``own or control any electric 
generation, transmission, or distribution facilities in the United 
States and does not have a franchise or service territory for the 
transmission, distribution or sale of

[[Page 9136]]

electricity.'' App. at 3. However, the Applicant ``operates as a 
wholesale marketer of electric energy and as electric energy agent to 
Brookfield Renewable, which owns companies regulated as public 
utilities under the FPA and companies owning qualifying facilities.'' 
Id. BRTM notes it has ``market-based rate authorization issued by the 
Federal Energy Regulatory Commission (`FERC') under Section 205 of the 
FPA.'' Id.
    The Applicant asserts that it ``does not have a franchised service 
area and, consequently, has no native load obligations'' and will 
purchase the electric energy that it exports from electric utilities, 
qualifying cogeneration facilities, qualifying small power production 
facilities, Independent System Operators, Regional Transmission 
Operators, or from other exempt wholesale generators. App. at 6. 
Therefore, BRTM contends that ``the electric energy that will be sold 
to BRTM is surplus to the needs of the selling entities'' and ``will 
not impair the sufficiency of the electric energy supply within the 
United States.'' Id. BRTM also states it will comply with existing 
industry procedures for obtaining transmission capacity and asserts the 
proposed transmission would not impede or tend to impede the 
coordination in the public interest of facilities subject to DOE's 
jurisdiction. 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 
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 BRTM's Application should be 
clearly marked with GDO Docket No. EA-465-A. Additional copies are to 
be provided directly to the Senior Director, Legal, Attn: EMR Legal, 
Brookfield Renewable Trading and Marketing LP, 200 Liberty Street, 14th 
Floor, New York, New York 10281, [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 January 30, 2024, 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 February 6, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-02678 Filed 2-8-24; 8:45 am]
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