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[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Notices]
[Pages 103803-103804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30222]

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DEPARTMENT OF ENERGY

[GDO Docket No. EA-171-F]

Application for Renewal of Authorization To Export Electric 
Energy; Powerex Corp.

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of application.

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SUMMARY: Powerex Corp. (the Applicant or Powerex) has applied for 
renewal of authorization to transmit electric energy from the United 
States to Canada pursuant to the Federal Power Act.

DATES: Comments, protests, or motions to intervene must be submitted on 
or before January 21, 2025.

[[Page 103804]]

ADDRESSES: Comments, protests, motions to intervene, or requests for 
more information should be addressed by electronic mail to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Janessa Zucchetto, (240) 474-8226, 
[email protected].

SUPPLEMENTARY INFORMATION: The United States Department of Energy (DOE) 
regulates electricity exports from the United States to foreign 
countries in accordance with section 202(e) of the Federal Power Act 
(FPA) (16 U.S.C. 824a(e)) and regulations thereunder (10 CFR 205.300 et 
seq.). Sections 301(b) and 402(f) of the DOE Organization Act (42 
U.S.C. 7151(b) and 7172(f)) transferred this regulatory authority, 
previously exercised by the now-defunct Federal Power Commission, to 
DOE.
    Section 202(e) of the FPA provides that an entity which seeks to 
export electricity must obtain an order from DOE authorizing that 
export (16 U.S.C. 824a(e)). On April 10, 2023, the authority to issue 
such orders was delegated to the DOE's Grid Deployment Office (GDO) 
under Redelegation Order No. S3-DEL-GD1-2023.
    On November 18, 2024, Powerex filed an application for the renewal 
of authorization to transmit electric energy from the United States to 
Canada for a term of five years. App. at 1.
    According to the Application, Powerex is a power marketer 
``organized under the Business Corporations Act of British Columbia, 
with its principal place of business at 666 Burrard Street, Suite 1300, 
Vancouver, British Columbia, Canada V6C 2X8.'' Id. at 2, 4. Powerex 
represents that it is ``the wholly owned marketing subsidiary of the 
British Columbia Hydro and Power Authority[.]'' Id. at 2. The Applicant 
``sells power at wholesale from a portfolio'' of various resources 
acquired from sellers within both the U.S. and Canada. Id. Further, 
Powerex states that it has market-based rate authority granted by the 
Federal Energy Regulatory Commission (FERC). Id. at 2 n.3.
    The Applicant states it ``neither owns generation resources nor has 
a franchised service area or native load obligation[,]'' nor does it 
have a ``transmission `system' of its own, such that Powerex's exports 
of power could have no impact on broader system reliability or 
resilience.'' App. at 4. The Applicant states that ``[t]he electric 
energy Powerex will export, either on a firm or interruptible basis, 
will be surplus to the system of the third-party generator from whom 
such power will be purchased.'' Id. at 5. Thus, the Applicant asserts 
that ``[b]ecause Powerex is a power marketer with no native load 
obligations, and because the power it purchases will be surplus to the 
needs of its third-party suppliers, Powerex's exports meet the first 
statutory criterion of FPA section 202(e).'' Id.
    Further, Powerex states it ``will schedule its exports from the 
U.S. in compliance with all applicable reliability criteria, standards, 
and other guidance from the North American Electricity Reliability 
Corporation (``NERC'') (or any successor organization) and regional 
reliability councils, as applied by domestic transmission providers.'' 
App. at 4. The Applicant further affirms that it ``will also separately 
obtain all necessary authorization, both regulatory and contractual'' 
for the proposed electricity exports. Id. at 6. Therefore, the 
Applicant states that ``the requested exports will not impede or tend 
to impede the coordination in the public interest of facilities subject 
to the jurisdiction of FERC.'' Id.
    The existing international transmission facilities to be utilized 
by the Applicant have been previously authorized by Presidential 
permits issued pursuant to Executive Order 10485, as amended, and are 
appropriate for open access transmission by third parties. See App. at 
Attachment 1.
    Procedural Matters: Any person desiring to be heard in this 
proceeding should file a comment or protest to the Application at 
[email protected]. Protests should be filed in accordance 
with Rule 211 of FERC's Rules of Practice and Procedure (18 CFR 
385.211). Any person desiring to become a party to this proceeding 
should file a motion to intervene at [email protected] in 
accordance with FERC Rule 214 (18 CFR 385.214).
    Comments and other filings concerning Powerex's Application should 
be clearly marked with GDO Docket No. EA-171-F. Additional copies are 
to be provided directly to Connor Curson, Powerex Corp., 666 Burrard 
Street, Suite 1300, Vancouver, British Columbia, Canada V6C 2X8, 
[email protected]; Tyler S. Johnson, Bracewell LLP, 701 Fifth 
Avenue, Suite 3420, Seattle, WA 98104, [email protected]; 
Joshua Robichaud, Bracewell LLP, 701 Fifth Avenue, Suite 3420, Seattle, 
WA 98104, [email protected]; and Gary Bridgens, Bracewell 
LLP, 701 Fifth Avenue, Suite 3420, Seattle, WA 98104, 
[email protected].
    A final decision will be made on the requested authorization after 
the environmental impacts have been evaluated pursuant to DOE's 
National Environmental Policy Act Implementing Procedures (10 CFR part 
1021) and after DOE evaluates whether the proposed action will have an 
adverse impact on the sufficiency of supply or reliability of the 
United States electric power supply system.
    Copies of this Application will be made available, upon request, by 
accessing the program website at https://www.energy.gov/gdo/pending-applications-0 or by emailing [email protected].
    Signing Authority: This document of the Department of Energy was 
signed on December 13, 2024, by Maria Robinson, Director, Grid 
Deployment Office, pursuant to delegated authority from the Secretary 
of Energy. That document with the original signature and date is 
maintained by DOE. For administrative purposes only, and in compliance 
with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on December 16, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-30222 Filed 12-18-24; 8:45 am]
BILLING CODE 6450-01-P
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