[Federal Register Volume 89, Number 39 (Tuesday, February 27, 2024)]
[Notices]
[Pages 14469-14470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03951]


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DEPARTMENT OF ENERGY

[GDO Docket No. EA-145-G]


Application for Renewal of Authorization To Export Electric 
Energy; Powerex Corp

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of application.

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SUMMARY: Powerex Corp. (the Applicant or Powerex) 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 March 28, 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 30, 1997, DOE issued Order No. EA-145 authorizing Powerex to 
transmit electric energy from the United States to Mexico as a power 
marketer. Such authority was renewed in 1999 (Order No. EA-145-A), 2001 
(Order No. EA-145-B), 2004 (Order No. EA-145-

[[Page 14470]]

C), 2009 (Order No. EA-145-D), 2014 (Order No. EA-145-E), and 2019 
(Order No. EA-145-F). On January 25, 2024, Powerex 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, Powerex is a British Columbia 
corporation that is a wholly owned subsidiary of British Columbia Hydro 
and Power Authority (BC Hydro) a provincial Crown Corporation owned by 
the Government of British Columbia, Powerex is an instrumentality of a 
foreign state under the Foreign Sovereign Immunities Act. Id. at 2. 
Powerex is a power marketer authorized to sell wholesale electric 
energy, capacity, and ancillary services at market-based rates pursuant 
to authority granted by the Federal Energy Regulatory Commission (FERC) 
under a wholesale power sales tariff currently on file. Powerex states 
that 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 5. Further, 
Powerex represents that ``none of [its] affiliates own electric 
transmission facilities that constitute part of the electricity 
delivery system in the U.S. and Powerex is not affiliated with an 
entity that holds a franchise or service territory in the contiguous 
U.S.'' Id. The Applicant asserts that it ``. . . has no transmission 
``system'' of its own on which its exports of power could have a 
reliability or stability impact.'' Id. at 5-6.
    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).
    Comments and other filings concerning Powerex's Application should 
be clearly marked with GDO Docket No. EA-145-G. Additional copies are 
to be provided directly to Powerex Connor Curson, Powerex Corp., 666 
Burrard Street, Suite 1300, Vancouver, British Columbia Canada, V6C 
2X8, [email protected], Deanna E. King, Bracewell LLP, 111 
Congress Avenue, Suite 2300, Austin, Texas 78701, 
[email protected], and Tracey L. Bradley, 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 www.energy.gov/gdo/pending-applications-0 or by emailing [email protected].
    Signing Authority: This document of the Department of Energy was 
signed on February 16, 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 22, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-03951 Filed 2-26-24; 8:45 am]
BILLING CODE 6450-01-P