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###### Department of Energy

          - [OE Docket No. EA-355]

# AGENCY:

Office of Electricity Delivery and Energy Reliability, DOE.

# ACTION:

Notice of application.

      ( print page 26669)    

# SUMMARY:

Scotia Capital Energy Inc. (Scotia Capital) has applied for 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 July 6, 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 by the Department of Energy (DOE) pursuant to sections 301(b) and 402(f) of the Department of Energy Organization Act (42 U.S.C. 7151(b), 7172(f)) and require authorization under section 202(e) of the FPA (16 U.S.C. 824a(e)).

On May 26, 2009, DOE received an application from Scotia Capital for authority 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. Scotia Capital does not own any electric transmission facilities nor does it hold a franchised service area. The electric energy which Scotia Capital proposes to export to Canada would be surplus energy purchased from electric utilities, Federal power marketing agencies, and other entities within the United States. Scotia Capital has requested an electricity export authorization with a 5-year term.

*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 Scotia Capital application to export electric energy to Canada should be clearly marked with Docket No. EA-355. Additional copies are to be filed directly with Cecilia Williams, Managing Director and Head of Compliance, Scotia Capital, 40 King Street West, 33rd Floor, Toronto, ON, M5H 1H1, Canada and David J. Levine, McDermott Will & Emery LLP, 600 13th Street, NW., Washington, DC 20005-3096. 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 website 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 May 29, 2009.

Anthony J. Como,

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

[FR Doc. E9-12922 Filed 6-2-09; 8:45 am]

BILLING CODE 6450-01-P