[Federal Register Volume 75, Number 151 (Friday, August 6, 2010)]
[Notices]
[Pages 47583-47584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19403]
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DEPARTMENT OF ENERGY
[OE Docket No. PP-369]
Application to Rescind Presidential Permit; Joint Application for
Presidential Permit; British Columbia Transmission Corporation and
British Columbia Hydro and Power Authority
AGENCY: Office of Electricity Delivery and Energy Reliability, DOE.
ACTION: Notice of Application.
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SUMMARY: British Columbia Transmission Corporation (BCTC) and British
Columbia Hydro and Power Authority (BC Hydro) filed a joint application
to voluntarily transfer the BCTC facilities authorized by Presidential
Permit No. PP-22, as amended, to BC Hydro. The application requested
that the Department of Energy (DOE) rescind the Presidential permit
held by BCTC and simultaneously issue a new permit to BC Hydro covering
the same international transmission facilities.
DATES: Comments, protests, or requests to intervene must be submitted
on or before September 7, 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
[[Page 47584]]
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 June 23, 2010, BCTC and BC Hydro (collectively the
``Applicants'') jointly filed an application with DOE requesting that
Presidential Permit No. PP-22, as amended, issued to BCTC be rescinded
and that a new Presidential permit be issued simultaneously to BC Hydro
for the same international transmission facilities. The international
transmission facilities authorized by Presidential Permit No. PP-22, as
amended, include seven single conductor 132 kilovolt (kV) submarine
cables and three single conductor 260 kV DC submarine cables. These
cables do not connect to any U.S. electrical facility, but rather
connect to the mainland of British Columbia, Canada and Vancouver
Island. They do, however, pass through the United States territorial
waters in the Strait of Georgia.
The Applicants requested that the issuance of the new permit be
made effective as of July 5, 2010, to coincide with the date that BCTC
was to be integrated into BC Hydro by operation of law pursuant to
British Columbia's Clean Energy Act.
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 BCTC 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 BC Hydro.
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 Procedures (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: Glenn S. Benson, Perkins, Coie, LLP, 607
Fourteenth Street, NW., Washington, DC 20005 AND Joanna Sofield, Chief
Regulatory Officer, BC Hydro, 333 Dunsmuir Street, 16th Floor,
Vancouver British Columbia V6B 5R3.
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 August 2, 2010.
Anthony J. Como,
Director, Permitting and Siting Office of Electricity Delivery and
Energy Reliability.
[FR Doc. 2010-19403 Filed 8-5-10; 8:45 am]
BILLING CODE 6450-01-P