[Federal Register: March 20, 2006 (Volume 71, Number 53)]
[Notices]
[Page 13970-13971]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20mr06-34]
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DEPARTMENT OF ENERGY
[OE Docket No. PP-304]
Application for Presidential Permit; Generadora del Desierto SA
de C.V.
AGENCY: Office of Electricity Delivery and Energy Reliability, DOE.
ACTION: Notice of Application.
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SUMMARY: Generadora del Desierto SA de C.V. (GDD) 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 April 19, 2006.
ADDRESSES: Comments, protests, or requests to intervene should be
addressed as follows: Office of Electricity Delivery and Energy
Reliability (OE-20), 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 September 23, 2005, GDD, a Mexican corporation and wholly-owned
affiliate of North Branch Holding, LLC, filed an application with the
Office of Electricity Delivery and Energy Reliability (OE) of the
Department of Energy (DOE) for a Presidential permit. GDD proposes to
construct a double-circuit 500-kilovolt (500-kV) electric transmission
line across the U.S.-
[[Page 13971]]
Mexico international border. The proposed facilities would extend from
a new electric power plant to be constructed by GDD approximately one
mile south of the U.S.-Mexico border in San Luis Rio Colorado, Sonora,
Mexico, cross the U.S.-Mexico international border, extend
approximately 20 miles, north and connect to the existing Gila
Substation owned and operated by Western Area Power Administration
(Western). From the Gila Substation, the line would extend an
additional four miles north and connect to the existing North Gila
Substation owned and operated by Arizona Public Service Company.
In a related proceeding, North Branch Resources, LLC (NBR), also a
North Branch Holding, LLC affiliate, has applied to Western to connect
the proposed international transmission line and the Mexico power plant
to Western's transmission system. If the interconnection request is
granted by Western and the proposed project proceeds, NBR proposes that
Western construct, own, operate, and maintain the new transmission
facilities in the U.S. at the expense of NBR. Western is considering
this proposal and may ultimately assume those responsibilities. If that
were to happen, Western would become a co-applicant for the
Presidential permit.
Since the restructuring of the electric 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 (FERC) Order No.
888 (Promoting Wholesale Competition Through Open Access Non-
Discriminatory Transmission Services by Public utilities; FERC Stats. &
Regs. ] 31,036 (1996)), as amended. In furtherance of this policy, DOE
intends to condition any Presidential permit issued in this proceeding
on compliance with these open access principles.
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.
Additional copies of such petitions to intervene or protests also
should be filed directly with: Leonard H. Singer, Esq., Couch White,
LLP, 540 Broadway, P.O. Box 22222, Albany, New York, 12201 and Joseph
Bojnowski, North Branch Resources, LLC, 6 North Branch Road, Newton,
CN, 06470.
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. 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. 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 (NEPA). OE and Western propose to
prepare a single Environmental Impact Statement (EIS) to address the
environmental impacts of the Federal actions of granting the requested
Presidential permit and allowing connection of the international
transmission line and Mexico power plant to the Federal transmission
system. The EIS will be prepared in accordance with the requirements of
the Council on Environmental Quality's NEPA Implementing Regulations
(40 CFR parts 1500-1508) and DOE's NEPA Implementing Procedures (10 CFR
part 1021).
Copies of this application will be made available, upon request,
for public inspection and copying at the address provided above or by
accessing the program's Home Page at http://www.fe.doe.gov/programs/electricityregulation/.
Upon reaching the Home page, select ``Pending
Proceedings.''
Issued in Washington, DC, on March 13, 2006.
Anthony J. Como,
Director, Permitting and Siting, Office of Electricity Delivery and
Energy Reliability.
[FR Doc. E6-3991 Filed 3-17-06; 8:45 am]
BILLING CODE 6450-01-P