2011-22116. Application to Export Electric Energy; Morgan Stanley Capital Group Inc.

AGENCY:

Office of Electricity Delivery and Energy Reliability, DOE.

ACTION:

Notice of Application.

SUMMARY:

Morgan Stanley Capital Group Inc. (MSCG) has applied to renew its authority to transmit electric energy from the United States to Mexico pursuant to section 202(e) of the Federal Power Act.

DATES:

Comments, protests, or motions to intervene must be submitted on or before September 29, 2011.

ADDRESSES:

Comments, protests, or motions to intervene should be addressed to: Christopher Lawrence, Office of Electricity Delivery and Energy Reliability, Mail Code: OE-20, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585-0350. Because of delays in handling conventional mail, it is recommended that documents be transmitted by overnight mail, by electronic mail to [e-mail], or by facsimile to 202-586-8008.

FOR FURTHER INFORMATION CONTACT:

Christopher Lawrence (Program Office) 202-586-5260.

SUPPLEMENTARY INFORMATION:

Exports of electricity from the United States to a foreign country are regulated by the Department of Energy (DOE) pursuant to sections 301(b) and 402(f) of the Department of Energy Organization Act (42 U.S.C. 7151(b), 7172(f)) and require authorization under section 202(e) of the FPA (16 U.S.C. 824a(e)).

On July 23, 1998, DOE issued Order No. EA-184, authorizing MSCG to transmit electric energy from the United States to Mexico as a power marketer for a two-year term using existing international transmission facilities. That Order expired on July 23, 2000. DOE renewed the MSCG export authorization on June 28, 2006 in Order No. EA-184-A. That Order expired on June 28, 2011. On June 20, 2011 MSCG filed an application with DOE to renew the export authority contained in Order No. EA-184-A for a five-year term.

The electric energy that MSCG proposes to export to Mexico would be surplus energy purchased from electric utilities, Federal power marketing agencies, and other entities within the United States. The existing international transmission facilities to be utilized by MSCG have previously been authorized by Presidential permits issued pursuant to Executive Order 10485, as amended, and are appropriate for open access transmission by third parties.

Procedural Matters: Any person desiring to be heard in this proceeding should file a comment or protest to the application at the address provided above. Protests should be filed in accordance with Rule 211 of the Federal Energy Regulatory Commission's (FERC) Rules of Practice and Procedures (18 CFR 385.211). Any person desiring to become a party to these proceedings should file a motion to intervene at the above address in accordance with FERC Rule 214 (385.214). Fifteen copies of each comment, protest, or motion to intervene should be filed with DOE on or before the date listed above.

Comments on the MSCG application to export electric energy to Mexico should be clearly marked with Docket No. EA-184-B. Additional copies (one each) are to be filed directly with Edward J. Zabrocki, Managing Director and Counsel, Morgan Stanley & Co. Inc., 2000 Westchester Avenue, Purchase, NY 10577 AND Daniel E. Frank and Jennifer Kubicek, Sutherland Asbill & Brennan LLP, 1275 Pennsylvania Avenue, NW., Washington, DC 20004. A final decision will be made on this application after the environmental impacts have been evaluated pursuant to DOE's National Environmental Policy Act Implementing Procedures (10 CFR part 1021) and a determination is made by DOE that the proposed action will not have an adverse impact on the reliability of the U.S. electric power supply system.

Copies of this application will be made available, upon request, for public inspection and copying at the address provided above, by accessing the program Web site at http://energy.gov/​node/​11845,, or by e-mailing Odessa Hopkins at [e-mail].

Issued in Washington, DC, on August 24, 2011.

Brian Mills,

Director, Permitting and Siting, Office of Electricity Delivery and Energy Reliability.