[Federal Register Volume 89, Number 58 (Monday, March 25, 2024)]
[Notices]
[Pages 20643-20644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06205]


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DEPARTMENT OF ENERGY

[GDO Docket No. EA-471-A]


Application for Renewal of Authorization To Export Electric 
Energy; Luminant Energy Company LLC

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of application.

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SUMMARY: Luminant Energy Company LLC (the Applicant or LUME) 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 April 24, 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 July 18, 2019, DOE issued Order No. EA-471 authorizing LUME to 
transmit electric energy from the United States to Mexico as a power 
marketer. On February 12, 2024, LUME 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 its application, LUME is a Texas limited liability 
company and indirect, wholly-owned subsidiary of Vistra Corp. (Vistra). 
Id. at 2. LUME states it manages the optimization, marketing, and 
deployment of

[[Page 20644]]

approximately 18,000 megawatts (MW) of generation capacity located 
within the Electric Reliability Council of Texas (ERCOT) market. Id. 
LUME represents that it also manages power purchase agreements and 
meets the energy supply requirements of various competitive retail 
energy service providers within ERCOT, is certified as a Qualified 
Scheduling Entity with ERCOT, and is registered with the Public 
Utilities Commission of Texas as a wholesale power marketer. Id. The 
Applicant is also authorized to sell wholesale electric energy, 
capacity, and ancillary services outside of ERCOT at market-based rates 
pursuant to authority granted by the Federal Energy Regulatory 
Commission (FERC). Id.
    Vistra, LUME's parent company, ``operates a generation portfolio of 
approximately 37,000 MWs of natural gas, nuclear, coal, battery, and 
solar facilities in 20 states and the District of Columbia and in six 
of the seven competitive markets in the United States.'' App. at 2. 
LUME states that neither it nor its affiliates ``directly or indirectly 
own or control any transmission facilities other than those limited and 
discrete facilities interconnecting its electric generation facilities 
to the grid.'' Id. at 3. LUME further states that neither it nor any of 
its affiliates has a franchised service area. Id. Further, LUME notes 
its proposed exports would be surplus electricity and that market 
mechanisms and reliability oversite protect against exports that would 
jeopardize domestic sufficiency of supply. See id. at 5 n.13. LUME also 
asserts that because it will schedule its exports from the U.S. in 
compliance with all applicable criteria, standards, and guidelines, its 
proposed exports will not impede reliability. Id. at 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 LUME's Application should be 
clearly marked with GDO Docket No. EA-471-A. Additional copies are to 
be provided directly to Jessica Miller and Heather Moreno, VISTRA 
CORP., 1005 Congress Ave., Suite 750, Austin TX 78701, 
[email protected], [email protected], 
[email protected], and Stephen J. Hug and Ben N. Reiter, AKIN 
GUMP STRAUSS HAUER & FELD LLP, 2001 K Street NW, Washington, DC 20006, 
[email protected], [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 March 18, 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 March 20, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-06205 Filed 3-22-24; 8:45 am]
BILLING CODE 6450-01-P