2010-22064. Application To Export Electric Energy; Powerex Corp

AGENCY:

Office of Electricity Delivery and Energy Reliability, DOE.

ACTION:

Notice of application.

SUMMARY:

Powerex Corp. (Powerex) has applied to renew its authority to transmit electric energy from the United States to Canada pursuant to section 202(e) of the Federal Power Act (FPA).

DATES:

Comments, protests, or requests to intervene must be submitted on or before October 4, 2010.

ADDRESSES:

Comments, protests or requests to intervene should be addressed as follows: Office of Electricity Delivery and Energy Reliability, Mail Code: OE-20, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585-0350 (FAX [phone]).

FOR FURTHER INFORMATION CONTACT:

Christopher Lawrence (Program Office) 202-586-5260 or Michael Skinker (Program Attorney) 202-586-2793.

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 February 25, 1998, the DOE issued Order No. EA-171 which authorized Powerex to transmit electric energy from the United States to Canada for a two-year term as a power marketer using existing international transmission facilities. DOE renewed the Powerex export authorization on February 23, 2000, for a five-year term in Order No. EA-171-A, and again for five years on November 18, 2005, in Order No. EA-171-B. That Order will expire on November 18, 2010. On May 19, 2010, Powerex filed an application with DOE for renewal of the export authority contained in Order No. EA-171-B for an additional five-year term.

The electric energy that Powerex proposes to export to Canada 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 Powerex 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 become a party to these proceedings or to be heard by filing comments or protests to this application should file a petition to intervene, comment, or protest at the address provided above in accordance with §§ 385.211 or 385.214 of the Federal Energy Regulatory Commission's Rules of Practice and Procedures (18 CFR 385.211, 385.214). Fifteen copies of each petition and protest should be filed with DOE on or before the date listed above.

Comments on the Powerex application to export electric energy to Canada should be clearly marked with Docket No. EA-171-C. Additional copies are to be filed directly with Mike MacDougal and Karen McDonald, Powerex Corp., 666 Burrard Street, Suite 1400, Vancouver, British Columbia, Canada V6C 2X8 and Deanna E. King, Bracewell & Giuliani LLP, 111 Congress Avenue, Suite 2300, Austin, Texas 78701. 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 after a determination is made by DOE that the proposed action will not adversely 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://,www.oe.energy.gov/​permits_​pending.htm,, or by e-mailing Odessa Hopkins at [e-mail].

Issued in Washington, DC, on August 27, 2010.

Anthony J. Como,

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