[Federal Register Volume 67, Number 131 (Tuesday, July 9, 2002)]
[Notices]
[Pages 45497-45498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17121]


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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: [email protected]) 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: 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 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