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[Federal Register: May 18, 2010 (Volume 75, Number 95)]
[Notices]               
[Page 27767]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my10-43]                         

[[Page 27767]]

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DEPARTMENT OF ENERGY

[OE Docket No. PP-366]

 
Application To Rescind Presidential Permit; Joint Application for 
Presidential Permit; Fraser Papers Inc. and Twin Rivers Paper Company 
Inc.

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

ACTION: Notice of application.

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SUMMARY: Fraser Papers Inc. (Fraser) and Twin Rivers Paper Company Inc. 
(Twin Rivers) filed a joint application to voluntarily transfer the 
Fraser facilities authorized by Presidential Permit No. PP-11, as 
amended, to Twin Rivers. The application requested that the Department 
of Energy (DOE) rescind the Presidential permit held by Fraser and 
simultaneously issue a permit to Twin Rivers covering the same 
international transmission facilities.

DATES: Comments, protests, or requests to intervene must be submitted 
on or before June 17, 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 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 April 16, 2010, Fraser and Twin Rivers (collectively the 
``Applicants'') jointly filed an application with DOE requesting 
rescission of Presidential Permit No. PP-11, as amended, issued to 
Fraser and a simultaneous issuance of a Presidential permit to Twin 
Rivers for the same international transmission facilities. The 
international transmission facilities authorized by Presidential Permit 
No. PP-11, as amended, include one three-phase 6.6-Kilovolt (kV) 
transmission line and one three-phase 138-kV transmission line operated 
at 69-kV. These lines connect Fraser's paper making facility in 
Madawaska, Maine with their paper pulp facility in Edmundston, New 
Brunswick, Canada.
    The requested transfer of the permit is due to a change in 
ownership of the existing transmission facilities that was occasioned 
by an Asset Purchase Agreement between the Applicants as part of 
Fraser's bankruptcy restructuring process and will not involve any new 
construction or change in the operation of the previously authorized 
international transmission lines. The Applicants have requested that 
the issuance of the permit to Twin Rivers be made effective upon the 
closing of the sale of the facilities, which occurred on April 29, 
2010.
    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 Fraser 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 Twin Rivers.
    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 Procedure (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: Glen McMillan, Senior VP and CFO, Fraser 
Papers Inc., Suite 200 Brookfield Place, 181 Bay Street, Toronto, 
Ontario M5J 2T3 Canada; Mr. Justin B. Beber, VP, Twin Rivers Paper 
Company Inc., Suite 300 Brookfield Place, 181 Bay Street, Toronto, 
Ontario M5J 2T3 Canada; and Steven A. Hudson, Esq., Preti, Flaherty, 
Beliveau & Pachios, LLP, 45 Memorial Circle, P.O. Box 1058, Augusta, ME 
04330-1058.
    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 May 13, 2010.
Anthony J. Como,
Director, Permitting and Siting, Office of Electricity Delivery and 
Energy Reliability.
[FR Doc. 2010-11815 Filed 5-17-10; 8:45 am]
BILLING CODE 6450-01-P
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