[Federal Register: October 2, 2003 (Volume 68, Number 191)]
[Notices]               
[Page 56825-56826]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02oc03-42]                         

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DEPARTMENT OF ENERGY

[FE Docket No. PP-285]

 
Application for Presidential Permit; Sharyland Utilities, L.P.

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of application.

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SUMMARY: Sharyland Utilities, L.P. (Sharyland) has applied for a 
Presidential permit to construct, connect, operate, and maintain a 
single-circuit, 138,000-volt (138-kV) alternating current electric 
transmission line across the U.S. border with Mexico.

DATES: Comments, protests, or requests to intervene must be submitted 
on or before November 3, 2003.

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) 202-586-6667.

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 September 11, 2003, Sharyland filed an application with the 
Office of Fossil Energy(FE) of the Department of Energy (DOE) for a 
Presidential permit. Sharyland is a transmission and distribution 
service provider operating within a 6,000-acre master-planned community 
called Sharyland Plantation, situated between the cities of McAllen and 
Mission, Texas, along the border between the United States and Mexico.
    Sharyland proposes to develop a single-circuit 138-kV transmission 
line in two phases. In the first phase Sharyland would tap an existing 
138-kV transmission facility also owned by Sharyland, construct a 150-
megawatt (MW) back-to-back alternating current/direct current/
alternating current converter station in the immediate vicinity of the 
tap, and construct approximately one mile of 138-kV transmission line 
to the Mexico-U.S. border near the southern boundary of the City of 
Mission, Texas. At the border the facilities would interconnect with 
similar facilities owned by Comision Federal de Electricidad (CFE), the 
national electric utility of Mexico, and continue an additional five 
miles to CFE's Cumbres substation located approximately 6 miles from 
the City of Reynosa, Tamaulipas, Mexico. In the second phase, Sharyland 
would expand the converter facility to a capacity of 300 MW. Sharyland 
proposes to operate the transmission line as an ``open access'' 
facility available for use by other parties to transfer electric power 
between the United States and Mexico. Sharyland does not intend to seek 
an electricity export authorization from DOE.
    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 authorization granted to entities requesting authority 
to export over international transmission facilities. Specifically, DOE 
expects transmitting utilities owning border facilities constructed 
pursuant to Presidential permits 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 
Regulation Commission Order No. 888, as amended (Promoting Wholesale 
Competition Through Open Access Non-Discriminatory Transmission 
Services by Public Utilities). 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 Sec. Sec.  385.211 or 
385.214 of FERC's Rules of Practice and Procedures (18 CFR 385.211, 
385.214). Fifteen copies of each

[[Page 56826]]

petition and protest should be filed with DOE on or before the date 
listed above.
    Additional copies of such petitions to intervene or protest also 
should be filed directly with Mark E. Caskey P.E., General Manager, 
Sharyland Utilities, L.P., 4403 West Military Highway, Suite 700, 
McAllen, TX 78503 AND Richard P. Noland, James M. Bushee, Sutherland 
Asbill & Brennan LLP, 1275 Pennsylvania Avenue, NW., Washington, DC 
20004-2415.
    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 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.
    The NEPA compliance process is a cooperative, non-adversarial 
process involving members of the public, state governments and the 
Federal government. The process affords all persons interested in or 
potentially affected by the environmental consequences of a proposed 
action an opportunity to present their views, which will be considered 
in the preparation of the environmental documentation for the proposed 
action. Intervening and becoming a party to this proceeding will not 
create any special status for the petitioner with regard to the NEPA 
process. To apply for the NEPA mailing list now, contact Mrs. Ellen 
Russell at the address above.
    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 viewed or downloaded from the Office 
of Fossil Energy Web site at http://www.fe.doe.gov. Upon reaching the 
Fossil Energy home page, select ``Electricity Regulation'' and then 
``Pending Proceedings'' from the options menu.

    Issued in Washington, DC, on September 24, 2003.
Anthony J. Como,
Deputy Director, Electric Power Regulation, Office of Coal & Power 
Import/Export, Office of Coal & Power Systems, Office of Fossil Energy.
[FR Doc. 03-25004 Filed 10-1-03; 8:45 am]

BILLING CODE 6450-01-P