[Federal Register: March 22, 2001 (Volume 66, Number 56)]
[Notices]               
[Page 16045-16046]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22mr01-40]                         

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DEPARTMENT OF ENERGY

[FE Docket No. PP-235]

 
Application for Presidential Permit Sempra Energy Resources

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of application.

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SUMMARY: Sempra Energy Resources (SER) has applied for a Presidential 
permit to construct, operate, maintain, and connect a double-circuit 
electric transmission line across the U.S. border with Mexico.

DATES: Comments, protests, or requests to intervene must be submitted 
on or before April 23, 2001.

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, 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.

[[Page 16046]]


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 March 7, 2001, SER, a non-regulated generating company, filed an 
application with the Office of Fossil Energy (FE) of the Department of 
Energy (DOE) for a Presidential permit. SER proposes to construct a 
double-circuit 230,000 volt (230-kV) transmission line originating from 
San Diego Gas & Electric Company's (SDG&E) existing Imperial Valley 
Substation, located in Imperial County, California, and extending 
approximately six miles south to the United States border with Mexico. 
At the border, the SER facilities will interconnect with similar 
facilities owned by Termoelectrica de Mexicali (TDM) and continue an 
additional three miles to a new 500-megawatt (MW) powerplant being 
developed by TDM west of the town of Mexicali, Baja California, Mexico.
    In Mexico and in California, the transmission line proposed by SER 
will parallel SDG&E's existing Imperial Valley-La Rosita international 
transmission line (previously authorized by Presidential Permit PP-79), 
west of Calexico, California, and is proposed to be sited within land 
managed by the U.S. Bureau of Land Management.
    In its application, SER proposes to transmit electricity from the 
TDM powerplant into the California electrical system. Transmission of 
electric energy from California to Mexico would occur only for purposes 
of providing ``black start'' capability to the powerplant.
    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 Federal Energy Regulatory Commission Order No. 888 
(Promotion 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, 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. However, in this docket 
DOE specifically requests comment on the appropriateness of applying 
the open access requirement on SER's proposed facilities.

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). 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: Alberto Abreu, Director, Permitting and 
Licensing, Sempra Energy Resources, 101 Ash Street, PO Box 1831, San 
Diego, CA 92112-4150.
    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. 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 of 1969. 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 ``Electricity'' from the options menu, and 
then ``Pending Proceedings.''

    Issued in Washington, DC, on March 19, 2001.
Anthony J. Como,
Deputy Director, Electric Power Regulation, Office of Coal & Power 
Systems, Office of Coal & Power Im/Ex, Office of Fossil Energy.
[FR Doc. 01-7151 Filed 3-21-01; 8:45 am]
BILLING CODE 6450-01-P