[Federal Register Volume 75, Number 95 (Tuesday, May 18, 2010)]
[Notices]
[Page 27767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11815]
[[Page 27767]]
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DEPARTMENT OF ENERGY
[OE Docket No. PP-366]
Application To Rescind Presidential Permit; Joint Application for
Presidential Permit; Fraser Papers Inc. and Twin Rivers Paper Company
Inc.
AGENCY: Office of Electricity Delivery and Energy Reliability, DOE.
ACTION: Notice of application.
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SUMMARY: Fraser Papers Inc. (Fraser) and Twin Rivers Paper Company Inc.
(Twin Rivers) filed a joint application to voluntarily transfer the
Fraser facilities authorized by Presidential Permit No. PP-11, as
amended, to Twin Rivers. The application requested that the Department
of Energy (DOE) rescind the Presidential permit held by Fraser and
simultaneously issue a permit to Twin Rivers covering the same
international transmission facilities.
DATES: Comments, protests, or requests to intervene must be submitted
on or before June 17, 2010.
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.
FOR FURTHER INFORMATION CONTACT: Christopher Lawrence (Program Office)
at 202-586-5260, or by e-mail to [email protected], or
Michael T. Skinker (Program Attorney) at 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. Existing Presidential permits are not transferable
or assignable. However, in the event of a proposed voluntary transfer
of facilities, in accordance with DOE regulations at 10 CFR 205.323,
the existing permit holder and the transferee are required to file a
joint application with DOE that includes a statement of reasons for the
transfer.
On April 16, 2010, Fraser and Twin Rivers (collectively the
``Applicants'') jointly filed an application with DOE requesting
rescission of Presidential Permit No. PP-11, as amended, issued to
Fraser and a simultaneous issuance of a Presidential permit to Twin
Rivers for the same international transmission facilities. The
international transmission facilities authorized by Presidential Permit
No. PP-11, as amended, include one three-phase 6.6-Kilovolt (kV)
transmission line and one three-phase 138-kV transmission line operated
at 69-kV. These lines connect Fraser's paper making facility in
Madawaska, Maine with their paper pulp facility in Edmundston, New
Brunswick, Canada.
The requested transfer of the permit is due to a change in
ownership of the existing transmission facilities that was occasioned
by an Asset Purchase Agreement between the Applicants as part of
Fraser's bankruptcy restructuring process and will not involve any new
construction or change in the operation of the previously authorized
international transmission lines. The Applicants have requested that
the issuance of the permit to Twin Rivers be made effective upon the
closing of the sale of the facilities, which occurred on April 29,
2010.
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 the Federal Energy Regulatory Commission 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, 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. In that proceeding, DOE
determined that the international transmission lines authorized by the
Presidential permit currently held by Fraser are not appropriate for
third party transmission, because the lines are not connected to the
U.S. domestic electric power system. Therefore, a requirement to
provide non-discriminatory open access transmission service will not be
added to the permit being issued to Twin Rivers.
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. 385.211 or 385.214
of the Federal Energy Regulatory Commission's (FERC) Rules of Practice
and Procedure (18 CFR 385.211, 385.214). Fifteen copies of each
comment, petition and protest should be filed with DOE on or before the
date listed above.
Additional copies of such petitions to intervene or protests also
should be filed directly with: Glen McMillan, Senior VP and CFO, Fraser
Papers Inc., Suite 200 Brookfield Place, 181 Bay Street, Toronto,
Ontario M5J 2T3 Canada; Mr. Justin B. Beber, VP, Twin Rivers Paper
Company Inc., Suite 300 Brookfield Place, 181 Bay Street, Toronto,
Ontario M5J 2T3 Canada; and Steven A. Hudson, Esq., Preti, Flaherty,
Beliveau & Pachios, LLP, 45 Memorial Circle, P.O. Box 1058, Augusta, ME
04330-1058.
Before a Presidential permit may be granted or amended, 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 amendment, with any conditions and
limitations, or denying the permit) pursuant to the National
Environmental Policy Act of 1969. DOE also must obtain the concurrences
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 electronically
at http://www.oe.energy.gov/permits/permits_pending.htm. Upon reaching
the home page, select ``Pending Applications.''
Issued in Washington, DC, on May 13, 2010.
Anthony J. Como,
Director, Permitting and Siting, Office of Electricity Delivery and
Energy Reliability.
[FR Doc. 2010-11815 Filed 5-17-10; 8:45 am]
BILLING CODE 6450-01-P