[Federal Register Volume 66, Number 126 (Friday, June 29, 2001)]
[Notices]
[Pages 34625-34626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16113]


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DEPARTMENT OF ENERGY

[FE Docket No. PP-242]


Application for Presidential Permit Maestros Group L.L.P.

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of Application.

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SUMMARY: Maestros Group L.L.P. (Maestros) has applied for a 
Presidential permit to construct, operate, maintain, and connect a 
double-circuit electric transmission line across the U.S. border with 
Mexico.

DATES: Comments, protests, or requests to intervene must be submitted 
on or before July 30, 2001.

ADDRESSES: Comments, protests, or requests to intervene should be 
addressed as follows: Office of Coal & Power Import and Export (FE-27), 
Office of Fossil Energy, U.S. Department of Energy, 1000 Independence 
Avenue, SW., Washington, DC 20585-0350.

FOR FURTHER INFORMATION CONTACT: Ellen Russell (Program Office) 202-
586-9624 or Michael T. Skinker (Program Attorney) 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.
    On May 10, 2001, Maestros, an independent power producer, filed an 
application with the Office of Fossil Energy (FE) of the Department of 
Energy (DOE) for a Presidential permit. Maestros proposes to construct 
a 500-megawatt (MW) combined-cycle, natural gas-fired powerplant in the 
vicinity of Nogales, Arizona, and a double-circuit 230,000 volt (230-
kV) transmission line across the U.S. border to Nogales, Sonora, 
Mexico. In Mexico, Maestros plans to interconnect with the main power 
grid of Comision Federal de Electricidad, the national electric utility 
of Mexico, and to export the electrical output of the powerplant to 
Mexico. The generating facilities are proposed to be placed in service 
in late 2004; Maestros does not propose to be interconnected with the 
electric power system of the U.S. In a related activity, outside the 
jurisdiction of the DOE, Maestros proposes to construct a 100 MW 
natural gas-fired powerplant at the same site with the electrical 
output dedicated to the U.S. market.
    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

[[Page 34626]]

provide access across the border in accordance with the principles of 
comparable open access and non-discrimination contained in the FPA and 
articulated in Federal Energy Regulatory Commission Order No. 888 
(Promotion Wholesale Competition Through Open Access Non-Discriminatory 
Transmission Services by Public utilities; FERC Stats. & Regs. para. 
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. However, in this docket 
DOE specifically requests comment on the appropriateness of applying 
the open access requirement on Maestros' proposed facilities.
    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 Secs. 385.211 or 385.214 
of the FERC's Rules of Practice and Procedures (18 CFR 385.211, 
385.214). Fifteen copies of each petition and protest should be filed 
with the DOE on or before the date listed above.
    Additional copies of such petitions to intervene or protests also 
should be filed directly with: Hugh Holub, Maestros Group L.L.C., 1881 
N. Mastick Way, Suite 400, Nogales, AZ 85621.
    Before a Presidential permit may be issued or amended, the 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, with any conditions and limitations, 
or denying the permit) pursuant to the National Environmental Policy 
Act of 1969. DOE also must obtain the concurrence 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 from the Fossil 
Energy Home Page at: http://www.FE.DOE.GOV. Upon reaching the Fossil 
Energy Home page, select ``Electricity'' from the options menu, and 
then ``Pending Proceedings.''

    Issued in Washington, DC, on June 21, 2001.
Anthony J. Como,
Deputy Director, Electric Power Regulation, Office of Coal & Power 
Systems, Office of Coal & Power Import/Export, Office of Fossil Energy.
[FR Doc. 01-16113 Filed 6-28-01; 8:45 am]
BILLING CODE 6450-01-P