[Federal Register: May 7, 2003 (Volume 68, Number 88)]
[Notices]
[Page 24445-24446]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07my03-59]
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DEPARTMENT OF ENERGY
[Docket Nos. EA-279, PP-16-1 and PP-40-1]
Applications To Transfer Electricity Export Authorizations and
Presidential Permits; Citizens Communications Company and UniSource
Energy Company
AGENCY: Office of Fossil Energy, DOE.
ACTION: Notice of application.
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SUMMARY: Citizens Communications Company (Citizens) and UniSource
Energy Company (UniSource) have jointly applied to transfer Electricity
Export Authorizations EA-16 and EA-40 and Presidential Permits PP-16
and PP-40 from Citizens to a new corporate entity affiliated with
UniSource and currently designated as ``NewCo.''
DATES: Comments, protests or requests to intervene must be submitted on
or before June 6, 2003.
ADDRESSES: Comments, protests or requests to intervene should be
addressed as follows: Office of Coal & Power Import/Export (FE-27),
Office of Fossil Energy, U.S. Department of Energy, 1000 Independence
Avenue, SW., Washington, DC 20585-0350 (FAX 202-287-5736).
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 and require authorization
under section 202(e) of the Federal Power Act (FPA) (16 U.S.C.
824a(e)). In addition, 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 electricity export authorizations and
Presidential permits are not transferable or assignable. However, in
the event of a proposed voluntary transfer of export authority or
physical facilities, in accordance with the regulations at 10 CFR
205.305 and 10 CFR 205.323, the existing holder of an export
authorization or permit and the transferee(s) are required to file
joint applications for transfer with DOE that include a statement of
reasons for the transfer.
On August 8, 1952, the Federal Power Commission (FPC; the
predecessor agency of DOE) issued a Presidential
[[Page 24446]]
permit in Docket E-6432 (DOE Presidential Permit PP-16) to Citizens
Utilities Company (now Citizens Communications Company) for one 2,300-
volt (2.3-kV) electric distribution line that crossed the United States
border with Mexico in the vicinity of Sondita Avenue, Nogales, Arizona,
and one 13-kV distribution line that originated at the Grand Avenue
Plant and crossed the United States border with Mexico 1700 feet east
of the 2.3-kV facilities.
On December 29, 1967, the FPC granted a Presidential permit in
Docket E-7371 (DOE Presidential Permit PP-40) to Citizens Utilities
Company for a 13.8-kV distribution line crossing the United States
border with Mexico in the vicinity of Boundary Monument No. 112 in
Lochiel, Arizona.
On December 29, 1967, in Docket E-7370, and on February 2, 1970, in
Docket E-6431, (DOE Docket Nos. EA-40 and EA-16, respectively) the FPC
authorized Citizens Utilities to export electric energy to Mexico using
the above cross-border facilities.
On April 18, 2003, Citizens and UniSource (collectively, the
``Applicants'') jointly filed applications with DOE to transfer
Presidential Permits PP-16 and PP-40, as well as electricity export
authorizations EA-16 and EA-40, from Citizens to a new corporate
subsidiary of UniSource and currently designated as ``NewCo.'' As a
result of an asset purchase agreement executed on October 29, 2002,
Citizens agreed to sell to UniSource all assets (as further described
in the applications) used by Citizens in connection with or otherwise
necessary for the conduct of Citizens' electric utility business in
Arizona. The sale of Citizens electric utility business to NewCo is
currently pending before the Federal Energy Regulatory Commission
(FERC; Docket No. EC03-54-000). UniSource owns 99.9% of the issued and
outstanding common stock of Tucson Electric Power Company and all of
the issued and outstanding common stock of two direct non-utility
subsidiaries, Millennium Energy Holdings, Inc. and UniSource Energy
Development Company.
In the instant applications, the Applicants request that the
existing energy limits of 60,000,000 kilowatt-hours (kWh) per year
using the PP-16 facilities, and 5,000,000 kWh per year using the PP-40
facilities be removed. The Applicants further note that the 2.3-kV
facilities currently authorized in Presidential Permit PP-16 were
removed in the mid-1970's and that the 13-kV line is currently
maintained only for contingencies and does not serve any load. The
Applicants state that there will be no physical changes to either of
the existing permitted 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 Sec. Sec. 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.
Comments on the joint applications to transfer Presidential permits
and electricity export authorizations from Citizens to NewCo should be
clearly marked with Dockets EA-279, PP-16-1, or PP-40-1, as
appropriate. Additional copies are to be filed directly with L. Russell
Mitten, Esq., VP, General Counsel, Citizens Communications Company, 3
High Ridge Park, Stamford, CT 06905; Vincent Nitido, Jr., Esq., VP,
General Counsel, UniSource Energy Corporation, One South Church Ave.,
Suite 100, Tucson, AZ 85701; and Bonnie A. Suchman, Esq., Amie V.
Colby, Esq., Troutman Sanders LLP, 401 9th Street, NW., Suite 1000,
Washington, DC 20004.
Before an electricity export authorization or 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 or electricity export authorization, with any
conditions and limitations, or denying them) 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 these applications will be made available, upon request,
for public inspection and copying at the address provided above or by
accessing the Fossil Energy Home Page at http://www.fe.doe.gov. Upon
reaching the Fossil Energy Home page, select ``Electricity
Regulation,'' and then ``Pending Proceedings'' from the options menus.
Issued in Washington, DC, on May 1, 2003.
Anthony J. Como,
Deputy Director, Electric Power Regulation, Office of Coal & Power
Import/Export, Office of Coal & Power Systems, Office of Fossil Energy.
[FR Doc. 03-11313 Filed 5-6-03; 8:45 am]
BILLING CODE 6450-01-P