03-1642. Application to Export Electric Energy; Constellation NewEnergy, Inc.

AGENCY:

Office of Fossil Energy, DOE.

ACTION:

Notice of Application.

SUMMARY:

Under two separate applications, Constellation NewEnergy, Inc. (Constellation) has applied for authority to transmit electric energy from the United States to Mexico and from the United States to Canada pursuant to section 202(e) of the Federal Power Act.

DATES:

Comments, protests or requests to intervene must be submitted on or before February 24, 2003.

ADDRESSES:

Comments, protests or requests to intervene should be addressed as follows: Office of Coal & Power Import/Export (FE-27), Office of Fossil Energy, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585-0350 (FAX [phone]).

FOR FURTHER INFORMATION CONTACT:

Rosalind Carter (Program Office) 202-586-7983 or Michael Skinker (Program Attorney) 202-586-6667.

SUPPLEMENTARY INFORMATION:

Exports of electricity from the United States to a foreign country are regulated and require authorization under section 202(e) of the Federal Power Act (FPA) (16 U.S.C. 824a(e)).

On November 8, 2002, the Office of Fossil Energy (FE) of the Department of Energy (DOE) received two separate applications from Constellation for authorization to transmit electric energy from the United States to Mexico and from the United States to Canada. Constellation is a Delaware corporation and a wholly-owned subsidiary of Constellation Energy Group, Inc., a public utility holding company. Constellation is engaged in the marketing of electric energy and power at wholesale and retail throughout North America. Constellation does not own or control any facilities used for the generation, transmission, or distribution of electric energy nor does it have a franchised electric power service area. Constellation will purchase the power to be exported from electric utilities and federal power marketing agencies within the United States.

In FE Docket No. EA-247-A, Constellation NewEnergy proposes to export electric energy to Mexico and to arrange for the delivery of those exports to Mexico over the international transmission facilities owned by San Diego Gas and Electric Company, El Paso Electric Company, Central Power and Light Company, and Comision Federal de Electricidad, the national utility of Mexico. In FE Docket No. EA-248-A, Constellation NewEnergy proposes to export electric energy to Canada and to arrange for the delivery of those exports to Canada over the international transmission facilities owned by Basin Electric Power Cooperative, Bonneville Power Administration, Citizens Utilities, Eastern Maine Electric Cooperative, International Transmission Company, Joint Owners of the Highgate Project, Long Sault, Inc., Maine Electric Power Company, Maine Public Service Company, Minnesota Power, Inc., Minnkota Power Cooperative, New York Power Authority, Niagara Mohawk Power Corporation, Northern States Power, and Vermont Electric Transmission Company.

The construction of each of the international transmission facilities to be utilized by Constellation NewEnergy, as more fully described in the applications, has previously been authorized by a Presidential permit issued pursuant to Executive Order 10485, as amended.

On November 13, 2001, and on November 26, 2001, FE issued Order Nos. EA-247 and EA-248, granting AES New Energy, Inc. authority to export electric energy to Mexico and to Canada, respectively. As a result of a change in the upstream corporate ownership of AES New Energy, Inc. and a subsequent name change to Constellation, the subject applications have been submitted so that export authority may be obtained in the name of the new corporate entity.

Procedural Matters

Any person desiring to become a party to this proceeding or to be heard by filing comments or protests to these applications should file a petition to intervene, comment or protest at the address provided above in accordance with §§ 385.211 or 385.214 of the FERC's Rules of Practice and Procedures (18 CFR 385.211, 385.214). Fifteen copies of each petition and protest should be filed with the DOE on or before the date listed above.

Comments on the Constellation applications to export electric energy to Mexico and/or Canada should be clearly marked with Docket EA-247-A and/or Docket EA-248-A, respectively. Additional copies are to be filed directly with Cathy Barron, Constellation NewEnergy, Inc., 535 Boylston Street, Top Floor, Boston, Massachusetts 02116 AND R. Michael Sweeney, Jr., Troutman Sanders LLP, 401 9th Street, NW., Ste. 1000, Washington, DC 20004.

A final decision will be made on these applications after the environmental impacts have been evaluated pursuant to the National Environmental Policy Act of 1969, and a determination is made by the DOE that the proposed action will not adversely impact on the reliability of the U.S. electric power supply system.

Copies of these applications will be made available, upon request, for public inspection and copying at the address provided above or by accessing the Fossil Energy Home Page at http://www.fe.doe.gov. Upon reaching the Fossil Energy Home page, select “Regulatory Programs,” then “Electricity Regulation,” and then “Pending Proceedings” from the options menus.

Issued in Washington, DC, on January 17, 2003.

Anthony J. Como,

Deputy Director, Electric Power Regulation, Office of Coal & Power Import/Export, Office of Coal & Power Systems, Office of Fossil Energy.