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Application To Export Electric Energy; DC Energy, LLC

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Notice of Application.


DC Energy, LLC (DC Energy) has applied to renew its authority to transmit electric energy from the United States to Canada pursuant to section 202(e) of the Federal Power Act (FPA).


Comments, protests, or motions to intervene must be submitted on or before June 25, 2012.


Comments, protests, or motions to intervene should be addressed to: Christopher Lawrence, Office of Electricity Delivery and Energy Reliability, Mail Code: OE-20, U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585-0350. Because of delays in handling conventional mail, it is recommended that documents be transmitted by overnight mail, by electronic mail to, or by facsimile to 202-586-8008.


Christopher Lawrence (Program Office) at 202-586-5260, or by email to


Exports of electricity from the United States to a foreign country are regulated by the Department of Energy (DOE) pursuant to sections 301(b) and 402(f) of the Department of Energy Organization Act (42 U.S.C. 7151(b), 7172(f)) and require authorization under section 202(e) of the FPA (16 U.S.C.824a(e)).

On July 11, 2007, the Department of Energy (DOE) issued Order No. EA-327 authorizing DC Energy to transmit electric energy from the United States to Canada as a power marketer for a five-year term. The current export authority in Order No EA-327 will expire on July 11, 2012. On May 4, 2012, DC Energy filed an application with DOE for renewal of that authority for an additional ten-year term.

In its application, DC Energy states that “not any of its affiliates own, controls or operates any electric generation, electric distribution or transmission facilities * * *” DC Energy states that the electric power proposed to be exported to Canada will be purchased from electric utilities and federal power marketing agencies pursuant to voluntary agreements and will be surplus to the system needs of the entities selling the power to DC Energy. The application also indicates that DC Energy is a power marketer authorized by the Federal Energy Regulatory Commission (FERC) to sell energy, capacity, and specified ancillary services at market-based rates.

The existing international transmission facilities to be utilized by DC Energy have previously been authorized by Presidential permits issued pursuant to Executive Order 10485, as amended, and are appropriate for open access transmission by third parties.

Procedural Matters: Any person desiring to be heard in this proceeding should file a comment or protest to the application at the address provided above. Protests should be filed in accordance with Rule 211 of the FERC Rules of Practice and Procedures (18 CFR 385.211). Any person desiring to become a party to these proceedings should file a motion to intervene at the above address in accordance with FERC Rule 214 (385.214). Five copies of such comments, protests, or motions to intervene should be sent to the address provided above on or before the date listed above.

Comments on the DC Energy application to export electric energy to Canada should be clearly marked with OE Docket No. 327-A. An additional copy is to be filed directly with Joelle K. Ogg, General Counsel, DC Energy, LLC, 8065 Leesburg Pike, Sixth Floor, Vienna, VA 22182 and with Andrea Wolfman, Esq., Alston & Bird LLP, 950 F Street NW., Washington, DC 20004. A final decision will be made on this application after the environmental impacts have been evaluated pursuant to DOE's National Environmental Policy Act Implementing Procedures (10 CFR part 1021) and if a determination is made by DOE that the proposed action will not have an adverse 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 or by emailing Angela Troy at

Issued in Washington, DC, on May 18, 2012.

Brian Mills,

Director, Permitting and Siting, Office of Electricity Delivery and Energy Reliability.

[FR Doc. 2012-12761 Filed 5-24-12; 8:45 am]