[Federal Register Volume 66, Number 124 (Wednesday, June 27, 2001)]
[Notices]
[Page 34178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16112]



[[Page 34178]]

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DEPARTMENT OF ENERGY

[FE Docket No. PP-241]


Application for Presidential Permit, Enron North America Corp.

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of application.

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SUMMARY: Enron North America Corp. (Enron) has applied for a 
Presidential permit to construct, operate, maintain, and connect an 
electric transmission line across the U.S. border with Mexico.

DATES: Comments, protests, or requests to intervene must be submitted 
on or before July 27, 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, S.W., Washington, D.C. 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 4, 2001, Enron filed an application with the Office of 
Fossil Energy (FE) of the Department of Energy (DOE) for a Presidential 
permit. Enron proposes to construct two 300-megawatt (MW) converter 
stations in the vicinity of Brownsville, Texas, and a double-circuit 
230,000 volt (230-kV) alternating current (AC) transmission line across 
the U.S. border to connect with similar facilities of the Comision 
Federal de Electricidad, the national electric utility of Mexico, in 
the vicinity of Matamoros, Mexico. The first converter station would 
convert 138-kV AC power from the City of Brownsville Public Utility 
Board's Loma Alta Substation to 150-kV DC power. A 150-kV DC 
transmission line would connect the first converter station with the 
second which would then convert the DC power to 230-kV AC power. The 
230-kV transmission line proposed to cross the U.S.-Mexican border 
would extend from the second converter station. Depending on the 
configuration of the two converters (co-located at one site or 
constructed at separate sites) total length of the DC and AC 
transmission lines within the US would be between 5.7 and 8.7 miles.
    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 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 Enron's 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: Robert Frank, Director, Government 
Affairs, Enron Corp., 1400 Smith Street, Houston, TX 77002 AND Jeffrey 
D. Watkiss/Andrea M. Settanni, Bracewell & Patterson, L.L.P., 2000 K 
Street, NW, Suite 500, Washington, DC 20006.
    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 Im/Ex Office of Fossil Energy.
[FR Doc. 01-16112 Filed 6-26-01; 8:45 am]
BILLING CODE 6450-01-P