[Federal Register Volume 89, Number 79 (Tuesday, April 23, 2024)]
[Notices]
[Pages 30350-30351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08563]


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DEPARTMENT OF ENERGY

[GDO Docket No. EA-312-C]


Application for Renewal of Authorization To Export Electric 
Energy; Emera Energy U.S. Subsidiary No. 2, Inc.

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of application.

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SUMMARY: Emera Energy U.S. Subsidiary No. 2, Inc. (the Applicant or EE 
US No. 2) 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 May 23, 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: Janessa Zucchetto, (240) 474-8226, 
[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) 
under Delegation Order No. S1-DEL-S3-2023 and Redelegation Order No. 
S3-DEL-GD1-2023.
    On May 17, 2006, DOE issued Order No. EA-312, authorizing EE US No. 
2 to transmit electric energy from the United States to Canada as a 
power marketer. This authority was renewed in 2014 (Order No. EA-312-
A), and 2019 (Order No. EA-312-B). On March 22, 2024, EE US No. 2 filed 
an application with DOE (Application or App) for renewal of its export 
authority for an additional five-year term. App at 1.
    In its Application, EE US No. 2 states it is a Delaware corporation 
with its principal place of business in Kittery, Maine, and a wholly-
owned subsidiary of Emera Incorporated. App. at 1. The Applicant states 
that it ``does not own or control any electric power generation or 
transmission facilities and does not have a franchised electric power 
service area. EE US No. 2 operates as a marketing company involved in, 
among other things, the purchase and sale of electricity in the United 
States as a power marketer.'' Id. at 6. EE US No. 2 represents that it 
``will purchase surplus electric energy from electric utilities and 
other suppliers within the United States and will export this energy to 
Canada over the international electric transmission facilities.'' Id. 
at 7. Therefore, the Applicant contends that ``[b]ecause this electric 
energy will be

[[Page 30351]]

purchased from others voluntarily, it will be surplus to the needs of 
the selling entities. EE US No. 2's export of power will not impair the 
sufficiency of electric power supply in the U.S.'' Id. Further, the 
Applicant asserts its exports will comply with all applicable 
requirements and export limits imposed by DOE and therefore ``will not 
impede or tend to impede the coordinated use of transmission facilities 
within the meaning of Section 202(e) of the FPA.'' Id. at 8.
    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 the 
email address provided previously. 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 the previously provided email 
address in accordance with FERC Rule 214 (18 CFR 385.214).
    Comments and other filings concerning EE US No. 2's Application 
should be clearly marked with GDO Docket No. EA-312-C. Additional 
copies are to be provided directly to Keith Sutherland, Emera Energy 
Inc., 5151 Terminal Road, Halifax, NS B3J 1A1 Canada, 
[email protected], Jeffery M. Jakubiak, Vinson & Elkins 
LLP, 1114 Avenue of the Americas, 32nd Floor, New York, NY 10036, 
[email protected], and Jennifer C. Mansh, Vinson & Elkins LLP, 2200 
Pennsylvania Ave, NW, Suite 500 West, Washington, DC 20037, 
[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 April 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 April 17, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-08563 Filed 4-22-24; 8:45 am]
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