Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Notices 27767 

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. 

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 nondiscrimination 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 nondiscrimination contained in the FPA 

and articulated in the Federal Energy 

Regulatory Commission Order No. 888 

(Promoting Wholesale Competition 

Through Open Access NonDiscriminatory 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 

§ 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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