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E-M:/ Enron Powerline at St. Clair River

Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>

[Federal Register: July 10, 2001 (Volume 66, Number 132)]
[Page 35953-35954]
 >From the Federal Register Online via GPO Access [wais.access.gpo.gov]



[FE Dockets No. PP-240]

Applications for Presidential Permit, Enron Canada Corp.

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of application.


SUMMARY: Enron Canada Corp. (ECC) has applied for a Presidential permit
to construct, operate, maintain, and connect a double-circuit 230,000-
volt (230-kV) underground electric transmission facility across the
U.S. border with Canada.

DATES: Comments, protests, or requests to intervene must be submitted
on or before August 9, 2001.

ADDRESSES: Comments, protests, or requests to intervene should be
addressed as follows: Office of Coal & Power Imports/Exports (FE-27),
Office of Fossil Energy, U.S. Department of Energy, 1000 Independence
Avenue, SW., Washington, DC 20585-0350.

FOR FURTHER INFORMATION CONTACT: Steven Mintz (Program Office) 202-586-
9506 or Michael T. Skinker (Program Attorney) 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 a
Presidential permit issued pursuant to Executive Order (EO) 10485, as
amended by EO 12038.
     On April 23, 2001, ECC, an Alberta, Canada, power marketing
corporation and wholly-owned subsidiary of Enron Corp. of Houston,
Texas, filed an application with the Office of Fossil Energy (FE) of
the Department of Energy (DOE) for a Presidential permit. ECC proposes
to construct a double-circuit 230-kV, underground electric transmission
line across the U.S.-Canadian border in St. Claire County, Michigan.
The proposed power line would connect to a proposed new electric
generating facility (the Moore Power Plant) located in Moore Township,
Lambton County, Ontario, Canada, extend under the St. Clair River and
connect to the St. Clair Power Plant located in St. Clair County,
Michigan, and owned by Detroit Edison. The total length of the
transmission line would be approximately 7,052 feet. The underground
sections would be approximately 3,640 feet in Ontario and 1,150 feet in
Michigan. The section beneath the St. Clair River would be
approximately 2,000 feet.

[[Page 35954]]

     ECC asserts that the Moore Power Plant (MPP) is being built to
participate in the newly deregulated Ontario electricity market and
will be connected to Hydro One's Lambton Substation. The proposed
cross-border power line will be a radial line connecting the MPP only
to Detroit Edison's system. Accordingly, ECC requests a determination
that open access obligations will not be imposed in connection with
this Presidential permit.
     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 or comment
on whether the open access requirement should be applied to ECC's
proposed power line.
     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: Eric Le Dain, Enron Canada Corp., 3500
Canterra Tower, 400-3rd Avenue SW., Calgary, Alberta T2P 4H2 and Debbie
Chance, Enron Corp., 1400 Smith Street, Mail Stop EB2960E, Houston, TX
     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 actions
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
     Copies of these applications 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: <A 
HREF="http://www.fe.doe.gov">http://www.fe.doe.gov</A>. Upon reaching the 
Energy Home page, select ``Electricity'' from the options menu, and
then ``Pending Proceedings.''

     Issued in Washington, DC, on July 3, 2001.
Anthony J. Como,
Deputy Director, Electric Power Regulation, Office of Coal & Power
Imports/Exports, Office of Coal & Power Systems, Office of Fossil
[FR Doc. 01-17175 Filed 7-9-01; 8:45 am]

Alex J. Sagady & Associates        Email:  ajs@sagady.com

Environmental Enforcement, Permits/Technical Review, Public Policy and
Communications on Air, Water and Waste Issues
and Community Environmental Protection

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