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[Federal Register: August 6, 2010 (Volume 75, Number 151)]
[Notices]               
[Page 47583-47584]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au10-59]                         

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DEPARTMENT OF ENERGY

[OE Docket No. PP-369]

 
Application to Rescind Presidential Permit; Joint Application for 
Presidential Permit; British Columbia Transmission Corporation and 
British Columbia Hydro and Power Authority

AGENCY: Office of Electricity Delivery and Energy Reliability, DOE.

ACTION: Notice of Application.

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SUMMARY: British Columbia Transmission Corporation (BCTC) and British 
Columbia Hydro and Power Authority (BC Hydro) filed a joint application 
to voluntarily transfer the BCTC facilities authorized by Presidential 
Permit No. PP-22, as amended, to BC Hydro. The application requested 
that the Department of Energy (DOE) rescind the Presidential permit 
held by BCTC and simultaneously issue a new permit to BC Hydro covering 
the same international transmission facilities.

DATES: Comments, protests, or requests to intervene must be submitted 
on or before September 7, 2010.

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

FOR FURTHER INFORMATION CONTACT: Christopher Lawrence (Program Office) 
at 202-586-5260, or by e-mail to Christopher.Lawrence@hq.doe.gov, or 
Michael T. Skinker (Program Attorney) at 202-586-2793.

SUPPLEMENTARY INFORMATION: The construction, operation, maintenance, 
and connection of facilities at the international border of the United 
States for the transmission of electric energy between the United 
States and a foreign country is prohibited in the absence of

[[Page 47584]]

a Presidential permit issued pursuant to Executive Order (EO) 10485, as 
amended by EO 12038. Existing Presidential permits are not transferable 
or assignable. However, in the event of a proposed voluntary transfer 
of facilities, in accordance with DOE regulations at 10 CFR 205.323, 
the existing permit holder and the transferee are required to file a 
joint application with DOE that includes a statement of reasons for the 
transfer.
    On June 23, 2010, BCTC and BC Hydro (collectively the 
``Applicants'') jointly filed an application with DOE requesting that 
Presidential Permit No. PP-22, as amended, issued to BCTC be rescinded 
and that a new Presidential permit be issued simultaneously to BC Hydro 
for the same international transmission facilities. The international 
transmission facilities authorized by Presidential Permit No. PP-22, as 
amended, include seven single conductor 132 kilovolt (kV) submarine 
cables and three single conductor 260 kV DC submarine cables. These 
cables do not connect to any U.S. electrical facility, but rather 
connect to the mainland of British Columbia, Canada and Vancouver 
Island. They do, however, pass through the United States territorial 
waters in the Strait of Georgia.
    The Applicants requested that the issuance of the new permit be 
made effective as of July 5, 2010, to coincide with the date that BCTC 
was to be integrated into BC Hydro by operation of law pursuant to 
British Columbia's Clean Energy Act.
    Since restructuring of the electric power industry began, resulting 
in the introduction of different types of competitive entities into the 
marketplace, DOE has consistently expressed its policy that cross-
border trade in electric energy should be subject to the same 
principles of comparable open access and non-discrimination that apply 
to transmission in interstate commerce. DOE has stated that policy in 
export authorizations granted to entities requesting authority to 
export over international transmission facilities. Specifically, DOE 
expects transmitting utilities owning border facilities to provide 
access across the border in accordance with the principles of 
comparable open access and non-discrimination contained in the FPA and 
articulated in the Federal Energy Regulatory Commission Order No. 888 
(Promoting Wholesale Competition Through Open Access Non-Discriminatory 
Transmission Services by Public utilities; FERC Stats. & Regs. ]31,036 
(1996)), as amended. In furtherance of this policy, on July 27, 1999, 
(64 FR 40586) DOE initiated a proceeding in which it noticed its 
intention to condition existing and future Presidential permits, 
appropriate for third party transmission, on compliance with a 
requirement to provide non-discriminatory open access transmission 
service. That proceeding is not yet complete. In that proceeding, DOE 
determined that the international transmission lines authorized by the 
Presidential permit currently held by BCTC are not appropriate for 
third party transmission, because the lines are not connected to the 
U.S. domestic electric power system. Therefore, a requirement to 
provide non-discriminatory open access transmission service will not be 
added to the permit being issued to BC Hydro.
    Procedural Matters: Any person desiring to become a party to this 
proceeding 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 Sec.  385.211 or 385.214 
of the Federal Energy Regulatory Commission's (FERC) Rules of Practice 
and Procedures (18 CFR 385.211, 385.214). Fifteen copies of each 
comment, petition and protest should be filed with DOE on or before the 
date listed above.
    Additional copies of such petitions to intervene or protests also 
should be filed directly with: Glenn S. Benson, Perkins, Coie, LLP, 607 
Fourteenth Street, NW., Washington, DC 20005 AND Joanna Sofield, Chief 
Regulatory Officer, BC Hydro, 333 Dunsmuir Street, 16th Floor, 
Vancouver British Columbia V6B 5R3.
    Before a Presidential permit may be granted or amended, DOE must 
determine that the proposed action will not adversely impact on the 
reliability of the U.S. electric power supply system. In addition, DOE 
must consider the environmental impacts of the proposed action (i.e., 
granting the Presidential permit or amendment, with any conditions and 
limitations, or denying the permit) pursuant to the National 
Environmental Policy Act of 1969. DOE also must obtain the concurrences 
of the Secretary of State and the Secretary of Defense before taking 
final action on a Presidential permit application.
    Copies of this application will be made available, upon request, 
for public inspection and copying at the address provided above. In 
addition, the application may be reviewed or downloaded electronically 
at http://www.oe.energy.gov/permits/permits_pending.htm. Upon reaching 
the home page, select ``Pending Applications.''

    Issued in Washington, DC, on August 2, 2010.
Anthony J. Como,
Director, Permitting and Siting Office of Electricity Delivery and 
Energy Reliability.
[FR Doc. 2010-19403 Filed 8-5-10; 8:45 am]
BILLING CODE 6450-01-P
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