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###### Department of Energy

          - [OE Docket No. EA-295-A]

# AGENCY:

Office of Electricity Delivery and Energy Reliability, DOE.

# ACTION:

Notice of application.

# SUMMARY:

Merrill Lynch Commodities, Inc. (MLCI) 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.

# DATES:

Comments, protests, or requests to intervene must be submitted on or before September 28, 2009.

# 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 202-586-8008).

# FOR FURTHER INFORMATION CONTACT:

Ellen Russell (Program Office) 202-586-9624 or Michael Skinker (Program Attorney) 202-586-2793.

# 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 October 26, 2004, the Department of Energy (DOE) issued Order No. EA-295 authorizing MLCI to transmit electric energy from the United States to Canada as a power marketer using international transmission facilities located at the United States border with Canada. That Order will expire on October 26, 2009. On August 17, 2009, MLCI filed an application with DOE to renew the export authority contained in Order No. EA-295 for an additional five-year term.

The electric energy which MLCI 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 construction, operation, maintenance, and connection of each of the international transmission facilities to be utilized by MLCI has previously been authorized by Presidential permits issued pursuant to Executive Order 10485, as amended.

*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 MLCI application to export electric energy to Canada should be clearly marked with Docket No. EA-295-A. Additional copies are to be filed directly with Merida de la Pena, Vice President, Commodities Counsel, Merrill Lynch Commodities, Inc., 20 E. Greenway Plaza, Suite 700, Houston, Texas, 77046. A final decision will be made on this application after the environmental impacts have been evaluated pursuant to the National Environmental Policy Act of 1969, and 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                     *Odessa.Hopkins@hq.doe.gov.*

Issued in Washington, DC, on August 21, 2009.

Anthony J. Como,

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

[FR Doc. E9-20722 Filed 8-26-09; 8:45 am]

BILLING CODE 6450-01-P