[Federal Register: March 11, 2008 (Volume 73, Number 48)]
[Notices]
[Page 12958-12959]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr08-43]
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DEPARTMENT OF ENERGY
[OE Docket No. EA-336]
Application to Export Electric Energy; ConocoPhillips Company
AGENCY: Office of Electricity Delivery and Energy Reliability, DOE.
ACTION: Notice of Application.
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SUMMARY: ConocoPhillips Company (CoP) has applied for authority to
transmit electric energy from the United States to Mexico pursuant to
section 202(e) of the Federal Power Act (FPA).
DATES: Comments, protests, or requests to intervene must be submitted
on or before April 10, 2008.
ADDRESSES: Comments, protests, or requests to intervene should be
addressed as follows: Office of Electricity Delivery and Energy
Reliability, Mail Code: OE-20, U.S. Department of Energy, 1000
Independence Avenue, SW., Washington, DC 20585-0350 (FAX 202-586-5860).
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 by the Department of Energy
(DOE) pursuant to sections 301(b) and 402(f) of the DOE Organization
Act (42 U.S.C. 7151(b), 7172(f)) and require authorization under
section 202(e) of the FPA (16 U.S.C.824a(e)).
On January 23, 2008, DOE received an application from CoP for
authority to transmit electric energy from the United States to Mexico
as a power marketer. CoP has requested an electricity export
authorization with a 5-year term. CoP does not own any electric
transmission facilities nor does it hold a franchised service area. CoP
and certain of its affiliates own electric generating facilities,
primarily cogeneration facilities located at CoP-owned refinery
facilities. The electric energy which CoP proposes to export to Mexico
would be surplus energy purchased from electric utilities, Federal
power marketing agencies, and other entities within the United States.
In its application, CoP notified DOE that it had been exporting
electric energy to Mexico since September 2004 without authorization
under section 202(e) of the FPA. CoP asserts that during the time it
was making these exports, it was unaware of the requirement to obtain
prior authorization from DOE. CoP claims that it first became aware of
this requirement in connection with an internal review of its reporting
and filing obligations in January 2008. CoP ceased all further
electricity exports as of January 16, 2008, and commits to not engage
in any further electricity exports pending approval of the application
in this proceeding. In connection with its application, CoP submitted a
notarized affidavit from its Vice President attesting to these facts
and commitment.
CoP will arrange for the delivery of exports to Mexico over the
international transmission facilities owned by AEP Texas Central, El
Paso Electric Company, Central Power & Light Company, San Diego Gas &
Electric Company, Sharyland Utilities, and Comision Federal de
Electricidad, the national electric utility of Mexico. The
construction, operation, maintenance, and connection of each of the
international transmission facilities to be utilized by CoP was
previously authorized by a Presidential permit issued pursuant to
Executive Order 10485, as amended.
DOE expects exporters of electric energy to obtain the necessary
authorization from DOE to export electricity and to abide by the terms
and conditions established for such export in the Orders issued by DOE,
including any term limit for the authorization and the requirement to
create and preserve full and complete records and file quarterly
reports. Failure to first obtain an Order authorizing the export of
electricity, or continuing to export after the expiration of such an
Order, may result in a denial of authorization to export in the future
and subject the exporter to sanctions and penalties under the FPA. DOE
also expects transmitting utilities owning border facilities and
entities charged with the operational control of those border
facilities, such as Independent System Operators or Regional
Transmission Organizations, to verify that companies seeking to
schedule an electricity export have the requisite authority from DOE to
export such power.
DOE notes that CoP shall have no authority to export electricity to
Mexico unless and until DOE grants such authorization at the conclusion
of this proceeding.
Procedural Matters: Any person desiring to become a party to these
proceedings 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 Federal Energy Regulatory Commission's 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 dates listed above.
All filings in this proceeding should be clearly marked with Docket
No. EA-336. Additional copies are to be filed directly with Michael
Passaretti, Manager, Regulatory Monitoring & Reporting, ConocoPhillips
Company, 600 North Dairy Ashford, Houston, TX 77079 AND Daniel E.
Frank, Sutherland Asbill & Brennan LLP, 1275
[[Page 12959]]
Pennsylvania Avenue, NW., Washington, DC 20004.
A final decision will be made on this application after the
environmental impacts have been evaluated pursuant to the National
Environmental Policy Act of 1969, and a determination is made by DOE
that the proposed action will not adversely impact on the reliability
of the U.S. electric power supply system.
Copies of this application will be made available, upon request,
for public inspection and copying at the address provided above, by
accessing the program Web site at http://oe.energy.gov/permits.htm, or
by e-mailing Odessa Hopkins at Odessa.hopkins@hq.doe.gov.
Issued in Washington, DC, on March 5, 2008.
Anthony J. Como,
Director, Permitting and Siting, Office of Electricity Delivery and
Energy Reliability.
[FR Doc. E8-4842 Filed 3-10-08; 8:45 am]
BILLING CODE 6450-01-P