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[Federal Register: July 9, 2002 (Volume 67, Number 131)]
[Notices]
[Page 45497-45498]
 >From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy02-55]

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DEPARTMENT OF ENERGY
[FE Docket No. PP-270]

Application for Presidential Permit: Lake Erie Link Limited
Liability Company

AGENCY: Office of Fossil Energy, DOE.
ACTION: Notice of application.

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SUMMARY: Lake Erie Link Limited Liability Company (``LEL LLC'') has
applied for a Presidential permit to construct, operate, maintain, and
connect an electric transmission line across the United States border
with Canada.

DATES: Comments, protests, or requests to intervene must be submitted
on or before August 8, 2002.

ADDRESSES: Comments, protests, or requests to intervene should be
addressed as follows: Office of Coal & Power Import/Export (FE-27),
Office of Fossil Energy, U.S. Department of Energy, 1000 Independence
Avenue, SW., Washington, DC 20585-0001.

FOR FURTHER INFORMATION CONTACT: Dr. Jerry Pell (Program Office) 202-
586-3362 (or by electronic mail to: <A 
HREF="mailto:Jerry.Pell@hq.doe.gov";>Jerry.Pell@hq.doe.gov</A>) 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 June 18, 2002, LEL LLC filed an application with the Office of
Fossil

[[Page 45498]]

Energy (FE) of the Department of Energy (DOE) for a Presidential
permit. The proposed LEL Project would consist of up to three
underwater High Voltage Direct Current (HVDC) transmission systems
under Lake Erie, each with a transfer capability of 325 megawatts (MW).
The LEL Project would connect the control areas of the Ontario
Independent Electricity Market Operator (IMO) with the control area of
the Pennsylvania-New Jersey-Maryland Interconnection (PJM). In Ontario,
the LEL Project would connect to the 230,000-volt (230-kV) bulk power
system at the Nanticoke switchyard. In the U.S., the LEL Project would
connect to the 345-kV bulk power system at the Erie West substation in
Springfield Township, Pennsylvania.
     The stated purpose of the LEL Project is to develop a fully
controllable, bi-directional, electric transmission interconnection
with a total transfer capability of up to 975 MW between Ontario and
the U.S. Each of the HVDC transmission systems would consist of several
miles of buried land-based HVDC cables, approximately 68 miles (109
kilometers (km)) of cable buried underwater in Lake Erie, and converter
terminal facilities in Ontario and Pennsylvania.
     The proposed LEL Project is exclusively a transmission system
interconnection. The proposed project neither includes construction of
any generation facilities in either country, nor is it dedicated or
directly connected to any particular generation facility in either
country. LEL LLC would sell the rights to transmit electricity over the
LEL Project through an ``open season'' bidding process that has been
approved in the Federal Energy Regulatory Commission's (FERC) LEL
Project Authorization of February 13, 2002, Docket No. ER02-406-0002.
LEL LLC states that it would not own or take title to any electric
energy transmitted over the LEL Project.
     Although LEL LLC's application to FERC contemplated a possible
separate cable system constructed to Ohio, that option is not part of
this application. LEL LLC represents that it has postponed further
study of the Ohio cable system pending the results of the open season
process. This Application proposes to construct cable systems
exclusively to Pennsylvania.
     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 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 Federal
Power Act and articulated in FERC 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. 385.211 or Sec. 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: Michael D. Ernst, on behalf of Lake Erie
Link LLC, 110 Turnpike Road, Suite 300, Westborough, MA 01581-2864, and
with George H. Williams, Jr., Cameron McKenna LLP, 2175 K Street, NW.,
Washington, DC 20037-1809.
     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 (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 and tribal 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. Also, participation in the NEPA process
does not create party status in this proceeding. Notice of upcoming
NEPA activities and information on how the public can participate in
those activities will appear in the Federal Register.
     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: <A 
HREF="http://www.fe.doe.gov";>http://www.fe.doe.gov</A>. Upon reaching the 
Fossil
Energy Home page, select ``Electricity Regulation'' and then ``Pending
Proceedings'' from the options menu.

     Issued in Washington, DC, on July 2, 2002.
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. 02-17121 Filed 7-8-02; 8:45 am]
BILLING CODE 6450-01-P


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

PO Box 39,  East Lansing, MI  48826-0039
(517) 332-6971; (517) 332-8987 (fax); ajs@sagady.com
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