[Federal Register: March 9, 1999 (Volume 64, Number 45)] [Notices] [Page 11457-11458] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr09mr99-67] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY [FE Docket No. PP-206] Application for Presidential Permit Frontera Generation Limited Partnership AGENCY: Office of Fossil Energy, DOE. ACTION: Notice of Application. ----------------------------------------------------------------------- SUMMARY: Frontera Generation Limited Partnership (Frontera) has applied for a Presidential permit to construct, connect, operate and maintain electric transmission facilities across the U.S. border with Mexico. DATES: Comments, protests, or requests to intervene must be submitted on or before April 8, 1999. ADDRESSES: Comments, protests, or requests to intervene should be addressed as follows: Office of Coal & Power Import and Export (FE-27), Office of Fossil Energy, U.S. Department of Energy, 1000 Independence Avenue, S.W., Washington, D.C. 20585-0350. FOR FURTHER INFORMATION CONTACT: Ellen Russell (Program Office) 202- 586-9624 or Michael T. Skinker (Program Attorney) 202-586-6667. SUPPLEMENTARY INFORMATION: The construction, connection, operation, and maintenance 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 March 3, 1999, Frontera filed an application with the Office of Fossil Energy (FE) of the Department of Energy (DOE) for a Presidential permit. Frontera is an exempt wholesale generator. Frontera, and its general partner, CSW Frontera GP II, are wholly-owned subsidiary of CSW Energy, Inc., a Texas corporation involved in the non-regulated generation and sale of electric power. Frontera is proposing to develop an international electric transmission line project in two phases. Initially, Frontera proposes to construct single, temporary 138,000- volt (138-kV) transmission circuit on wooden poles across the U.S. border with Mexico and place the temporary facilities into service during the summer of 1999. At a later date, Frontera proposes to construct a permanent double-circuit 230-kV transmission line on steel towers along the same right-of-way. The 138-kV line would be removed after the 230-kV transmission circuits are energized. Each of the proposed transmission lines would extend approximately two miles from a 500-megawatt (MW) gas-fired, electric powerplant Frontera is building near Mission, in Higalgo County, Texas. At the border, the transmission lines would interconnect with similar facilities of the Comision Federal de Electricidad (CFE), the national electric utility of Mexico, and continue an additional 5.6 miles south to CFE's Cumbres Substation, located near Reynosa in the Mexican State of Tamaulipas. In its application, Frontera asserts that the operation of the proposed international transmission facilities would not cause the U.S. and Mexican electrical systems to operate in parallel. Prior to exporting electric energy to Mexico, Frontera will be required to obtain an electricity export authorization from DOE pursuant to section 202(e) of the Federal Power Act (FPA) (16 U.S.C. 824a(e)). Since the 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 Federal Energy Regulatory Commission Order No. 888 (Promoting Wholesale Competition Through Open Access Non- Discriminatory Transmission Services by Public Utilities; FERC Stats. & Regs. para. 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 Secs. 385.211 or 385.214 of the FERC's Rules of Practice and Procedures (18 CFR 385.211, 385.214). Filings should be clearly marked with Docket PP-206. Fifteen copies of each document should be filed with the DOE on or before the date listed above. Additional copies should be filed directly with: [[Page 11458]] Paul E. Graff, Vice President, CSW Frontera GP II, Inc., 1616 Woodall Rodgers Freeway, Dallas, Texas 75202 AND Carolyn Y. Thompson, Jones, Day, Reavis & Pogue, 1450 G Street, NW, Washington, DC 20005-2088. Before a Presidential permit may be issued 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 pursuant to the National Environmental Policy Act of 1969 (NEPA). 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 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 from the Fossil Energy Home Page at: http://www.fe.doe.gov. Upon reaching the Fossil Energy Home page, select ``Regulatory Programs,'' then ``Electricity Regulations,'' and then ``Pending Proceedings'' from the options menus. Issued in Washington, D. C., on March 4, 1999. Anthony J. Como, Manager, Electric Power Regulation, Office of Coal & Power Im/Ex, Office of Fossil Energy. [FR Doc. 99-5759 Filed 3-8-99; 8:45 am] BILLING CODE 6450-01-P