Daily Rules, Proposed Rules, and Notices of the Federal Government
Exports of electricity from the United States to a foreign country are regulated and require authorization under section 202(e) of the Federal Power Act (FPA) (16 U.S.C. 824a(e)).
On April 25, 2002, the Department of Energy (DOE) issued Order No. EA-258 authorizing Maclaren Energy, Inc. to transmit electric energy from the United States to Canada as a power marketer using international transmission facilities located at the United States border with Canada. On April 23, 2004, DOE issued Order No. EA-258-A which renewed that authorization for a five-year period and reflected the company's name change to Branscan Energy Marketing, Inc. On May 8, 2008, DOE issued Order No. EA-258-B which amended the previous authorization to reflect a name change to Brookfield Energy Marketing Inc. (BEMI). BEMI's Order will expire on April 23, 2009. On October 20, 2008, BEMI filed an application with DOE to renew the export authority contained in Order No. EA-258-A for an additional five-year term.
The electric energy which BEMI proposes to export to Canada would be surplus energy purchased from electric utilities, Federal power marketing agencies, and other entities within the United States. BEMI will arrange for the delivery of exports to Canada over the international transmission facilities owned by Basin Electric Power Cooperative, Bonneville Power Administration, Eastern Maine Electric Cooperative, International Transmission Co., Joint Owners of the Highgate Project, Long Sault, Inc., Maine Electric Power Company, Maine Public Service Company, Minnesota Power, Inc., Minnkota Power Cooperative, Inc., New York Power Authority, Niagara Mohawk Power Corp., Northern States Power Company, Vermont Electric Power Company, and Vermont Electric Transmission Co.
The construction, operation, maintenance, and connection of each of the international transmission facilities to be utilized by BEMI has previously been authorized by a Presidential permit issued pursuant to Executive Order 10485, as amended.
Comments on the BEMI application to export electric energy to Canada should be clearly marked with Docket No. EA-258-C. Additional copies are to be filed directly with Alain Genier, Legal Counsel, Brookfield Energy Marketing, Inc., 480 de la Cite Blvd., Gatineau, Quebec J8T 8R3 and Amy S. Koch, Patton Boggs LLP, 2550 M Street, NW., Washington, DC 20037. A final decision will be made on this application after the environmental impacts have been evaluated pursuant to the National Environmental Policy Act of 1969, and a determination is made by DOE that the proposed action will not adversely impact on the reliability of the U.S. electric power supply system.
Copies of this application will be made available, upon request, for public inspection and copying at the address provided above, by accessing the program Web site at