[Federal Register Volume 89, Number 62 (Friday, March 29, 2024)]
[Notices]
[Pages 22136-22137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06733]


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DEPARTMENT OF ENERGY

[GDO Docket No. EA-260-G]


Application for Renewal of Authorization To Export Electric 
Energy; CP Energy Marketing (US) Inc.

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of application.

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SUMMARY: CP Energy Marketing (US) Inc. (Applicant or CP Energy 
Marketing) 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 April 29, 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 31, 2019, DOE issued Order No. EA-260-F to CP Energy 
Marketing to transmit electric energy from the United States to Canada 
as a power marketer for a period of five years. On March 11, 2024, CP 
Energy Marketing filed an application with DOE (Application or App.) 
for renewal of its export authority for a five-year term. App. at 1.
    According to the Application, CP Energy Marketing is a Delaware 
corporation with its principal place of business in Boston, 
Massachusetts, that is an indirect wholly owned subsidiary of Capital 
Power Corporation, a public Canadian corporation. Id. at 2. CP Energy 
Marketing represents that it is a power marketer engaged in the 
business of marketing and trading electric energy and other energy-
related products in the United States with market-based rate authority 
from the Federal Energy Regulatory Commission (FERC). Id.
    The Applicant states that it ``does not own, operate[,] or control 
any electric generation, transmission or distribution facilities'' and 
``neither has franchised service area nor has entered into any 
contracts that confer ownership or control over generation capacity to 
CP Energy Marketing.'' App. at 2. The Applicant represents that it 
``will

[[Page 22137]]

purchase the power it plans to export voluntarily through the electric 
energy markets in the United States and/or from electric utilities, 
wholesale generators, power marketers and other parties, and thus such 
power will be surplus to the needs of the selling parties or 
organization.'' Id. at 4. CP Energy Marketing also states it ``will 
make all necessary commercial arrangements and will obtain any and all 
other regulatory approvals required in order to carry out any power 
exports.'' Id. CP Energy Marketing asserts its ``export of power will 
not impair or tend to impede the sufficiency of electric power supplies 
in the United States or the regional coordination of electric utility 
planning or operation. 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 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 CP Energy Marketing's 
Application should be clearly marked with GDO Docket No. EA-260-G. 
Additional copies are to be provided directly to Colleen Smith, CP 
Energy Marketing (US) Inc. c/o Capital Power Corporation, 155 Federal 
Street, Suite 1200, Boston, MA 02110, [email protected], and 
Peter P. Thieman and Clarence R. Hawkes III, Dentons US LLP, 1900 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 25, 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 26, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-06733 Filed 3-28-24; 8:45 am]
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