Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Notices 27767

DEPARTMENT OF ENERGY facilities authorized by Presidential to provide non-discriminatory open Permit No. PP–11, as amended, include access transmission service will not be [OE Docket No. PP–366] one three-phase 6.6-Kilovolt (kV) added to the permit being issued to Application To Rescind Presidential transmission line and one three-phase Twin Rivers. Permit; Joint Application for 138-kV transmission line operated at 69- Procedural Matters: Any person Presidential Permit; Fraser Papers Inc. kV. These lines connect Fraser’s paper desiring to become a party to this making facility in Madawaska, and Twin Rivers Paper Company Inc. proceeding or to be heard by filing with their paper pulp facility in comments or protests to this application AGENCY: Office of Electricity Delivery , New Brunswick, . and Energy Reliability, DOE. The requested transfer of the permit is should file a petition to intervene, comment or protest at the address ACTION: Notice of application. due to a change in ownership of the existing transmission facilities that was provided above in accordance with SUMMARY: Fraser Papers Inc. (Fraser) and occasioned by an Asset Purchase § 385.211 or 385.214 of the Federal Twin Rivers Paper Company Inc. (Twin Agreement between the Applicants as Energy Regulatory Commission’s (FERC) Rivers) filed a joint application to part of Fraser’s bankruptcy restructuring Rules of Practice and Procedure (18 CFR voluntarily transfer the Fraser facilities process and will not involve any new 385.211, 385.214). Fifteen copies of each authorized by Presidential Permit No. construction or change in the operation comment, petition and protest should be PP–11, as amended, to Twin Rivers. The of the previously authorized filed with DOE on or before the date application requested that the international transmission lines. The listed above. Department of Energy (DOE) rescind the Applicants have requested that the Additional copies of such petitions to Presidential permit held by Fraser and issuance of the permit to Twin Rivers be intervene or protests also should be simultaneously issue a permit to Twin made effective upon the closing of the filed directly with: Glen McMillan, Rivers covering the same international sale of the facilities, which occurred on Senior VP and CFO, Fraser Papers Inc., transmission facilities. April 29, 2010. Suite 200 Brookfield Place, 181 Bay DATES: Comments, protests, or requests Since restructuring of the electric Street, Toronto, Ontario M5J 2T3 power industry began, resulting in the to intervene must be submitted on or Canada; Mr. Justin B. Beber, VP, Twin introduction of different types of before June 17, 2010. Rivers Paper Company Inc., Suite 300 competitive entities into the ADDRESSES: Comments, protests, or Brookfield Place, 181 Bay Street, marketplace, DOE has consistently requests to intervene should be Toronto, Ontario M5J 2T3 Canada; and addressed as follows: Office of expressed its policy that cross-border trade in electric energy should be Steven A. Hudson, Esq., Preti, Flaherty, Electricity Delivery and Energy Beliveau & Pachios, LLP, 45 Memorial Reliability (OE–20), U.S. Department of subject to the same principles of comparable open access and non- Circle, P.O. Box 1058, Augusta, ME Energy, 1000 Independence Avenue, 04330–1058. SW., Washington, DC 20585. discrimination that apply to transmission in interstate commerce. Before a Presidential permit may be FOR FURTHER INFORMATION CONTACT: DOE has stated that policy in export granted or amended, DOE must Christopher Lawrence (Program Office) authorizations granted to entities determine that the proposed action will at 202–586–5260, or by e-mail to requesting authority to export over not adversely impact on the reliability [email protected], or international transmission facilities. of the U.S. electric power supply Michael T. Skinker (Program Attorney) Specifically, DOE expects transmitting system. In addition, DOE must consider at 202–586–2793. utilities owning border facilities to the environmental impacts of the SUPPLEMENTARY INFORMATION: The provide access across the border in proposed action (i.e., granting the construction, operation, maintenance, accordance with the principles of Presidential permit or amendment, with and connection of facilities at the comparable open access and non- any conditions and limitations, or international border of the United States discrimination contained in the FPA denying the permit) pursuant to the for the transmission of electric energy and articulated in the Federal Energy National Environmental Policy Act of between the United States and a foreign Regulatory Commission Order No. 888 1969. DOE also must obtain the country is prohibited in the absence of (Promoting Wholesale Competition concurrences of the Secretary of State a Presidential permit issued pursuant to Through Open Access Non- and the Secretary of Defense before Executive Order (EO) 10485, as Discriminatory Transmission Services taking final action on a Presidential amended by EO 12038. Existing by Public Utilities; FERC Stats. & Regs. permit application. Presidential permits are not transferable ¶ 31,036 (1996)), as amended. In or assignable. However, in the event of furtherance of this policy, on July 27, Copies of this application will be a proposed voluntary transfer of 1999 (64 FR 40586), DOE initiated a made available, upon request, for public facilities, in accordance with DOE proceeding in which it noticed its inspection and copying at the address regulations at 10 CFR 205.323, the intention to condition existing and provided above. In addition, the existing permit holder and the future Presidential permits, appropriate application may be reviewed or transferee are required to file a joint for third party transmission, on downloaded electronically at http:// application with DOE that includes a compliance with a requirement to www.oe.energy.gov/permits/permits_ statement of reasons for the transfer. provide non-discriminatory open access pending.htm. Upon reaching the home On April 16, 2010, Fraser and Twin transmission service. That proceeding is page, select ‘‘Pending Applications.’’ Rivers (collectively the ‘‘Applicants’’) not yet complete. In that proceeding, Issued in Washington, DC, on May 13, jointly filed an application with DOE DOE determined that the international 2010. requesting rescission of Presidential transmission lines authorized by the Permit No. PP–11, as amended, issued Presidential permit currently held by Anthony J. Como, to Fraser and a simultaneous issuance of Fraser are not appropriate for third party Director, Permitting and Siting, Office of a Presidential permit to Twin Rivers for transmission, because the lines are not Electricity Delivery and Energy Reliability. the same international transmission connected to the U.S. domestic electric [FR Doc. 2010–11815 Filed 5–17–10; 8:45 am] facilities. The international transmission power system. Therefore, a requirement BILLING CODE 6450–01–P

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