Application for Authorization To Export Electric Energy; Second Foundation US Trading, LLC, 9138 [2024-02680]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Notices]
[Page 9138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02680]


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DEPARTMENT OF ENERGY

[GDO Docket No. EA-507]


Application for Authorization To Export Electric Energy; Second 
Foundation US Trading, LLC

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of application.

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SUMMARY: Second Foundation US Trading, LLC (the Applicant or SFUST, 
LLC) has applied for authorization to transmit electric energy from the 
United States to Mexico pursuant to the Federal Power Act.

DATES: Comments, protests, or motions to intervene must be submitted on 
or before March 11, 2024.

ADDRESSES: Comments, protests, motions to intervene, or requests for 
more information should be addressed by electronic mail to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Christina Gomer, (240) 474-2403, 
[email protected].

SUPPLEMENTARY INFORMATION: The United States Department of Energy (DOE) 
regulates electricity exports from the United States to foreign 
countries in accordance with section 202(e) of the Federal Power Act 
(FPA) (16 U.S.C. 824a(e)) and regulations thereunder (10 CFR 205.300 et 
seq.). Sections 301(b) and 402(f) of the DOE Organization Act (42 
U.S.C. 7151(b) and 7172(f)) transferred this regulatory authority, 
previously exercised by the now-defunct Federal Power Commission, to 
DOE.
    Section 202(e) of the FPA provides that an entity which seeks to 
export electricity must obtain an order from DOE authorizing that 
export (16 U.S.C. 824a(e)). On April 10, 2023, the authority to issue 
such orders was delegated to the DOE's Grid Deployment Office (GDO) by 
Delegation Order No. S1-DEL-S3-2023 and Redelegation Order No. S3-DEL-
GD1-2023.
    On January 8, 2024, the Applicant filed an application with DOE 
(Application or App.) for export authority to transmit electric power 
across international facilities into Mexico as a power marketer for a 
term of five-years. App. at 1.
    SFUST, LLC is a Delaware limited liability company with its 
principal place of business in Houston, Texas. App. at 1. The Applicant 
states it is ``a power marketer engaged in the business of marketing 
and trading electric energy and other energy related products in the 
United States.'' Id. at 2. According to the Application, SFUST, LLC is 
solely owned by Second Foundation Holding, a joint-stock company 
organized under the laws of the Czech Republic. Id. The Applicant 
states it ``is authorized to sell wholesale electric energy, capacity 
and ancillary services at market-based rates pursuant to authority 
granted by the Federal Energy Regulatory Commission (FERC) under a 
wholesale power sales tariff currently on file with FERC in Docket No. 
ER22-2959-000.'' Id.
    According to the Application, SFUST, LLC does not ``own any 
franchised service territory, and does not control any electric 
generation or transmission facilities in the United States'' and ``has 
no other affiliates or upstream owners that own any franchised service 
territory or control any electric generation or transmission facilities 
in the United States.'' App. at 2. Further, SFUST, LLC notes it ``will 
purchase surplus electric energy to be exported from a variety of 
entities within the United States including power marketers, wholesale 
generators, electric utilities, and federal power marketing agencies.'' 
Id. at 4. The Applicant asserts its proposed exports will be ``surplus 
to the needs of those entities selling electric power to the 
Applicant'' and ``will not impair the sufficiency of electric supply 
within the United States[.]'' Id. Further, the Applicant states its 
exports will be ``transmitted pursuant to arrangements with utilities 
that own and operate existing transmission facilities and will be 
consistent with all applicable export limits on transmission 
facilities,'' and thus the Applicant asserts it ``meets the second 
statutory criterion of Section 202(e).'' Id. at 5.
    The existing international transmission facilities to be utilized 
by the Applicant have been previously authorized by Presidential 
permits issued pursuant to Executive Order 10485, as amended, and are 
appropriate for open access transmission by third parties. See App. at 
Exhibit C.
    Procedural Matters: Any person desiring to be heard in this 
proceeding should file a comment or protest to the Application at 
[email protected]. Protests should be filed in accordance 
with Rule 211 of Federal Energy Regulatory Commission's (FERC's) Rules 
of Practice and Procedure (18 CFR 385.211). Any person desiring to 
become a party to this proceeding should file a motion to intervene at 
[email protected] in accordance with FERC Rule 214 (18 CFR 
385.214).
    Comments and other filings concerning SFUST, LLC's Application 
should be clearly marked with GDO Docket No. EA-507. Additional copies 
are to be provided directly to Jakub Sedlacek, Chief Operating Officer, 
Second Foundation US Trading, LLC, 808 Travis St., Suite 1030, Houston, 
TX 77002, foundation.com">jakub.sedlacek@second-foundation.com, and Zori Ferkin, King & 
Spalding LLP, 1700 Pennsylvania Avenue, Suite 900, Washington, DC 
20006, [email protected].
    A final decision will be made on the requested authorization after 
the environmental impacts have been evaluated pursuant to DOE's 
National Environmental Policy Act Implementing Procedures (10 CFR part 
1021) and after DOE evaluates whether the proposed action will have an 
adverse impact on the sufficiency of supply or reliability of the 
United States electric power supply system.
    Copies of this Application will be made available, upon request, by 
accessing the program website at https://www.energy.gov/gdo/pending-applications-0 or by emailing [email protected].
    Signing Authority: This document of the Department of Energy was 
signed on January 30, 2024, by Maria Robinson, Director, Grid 
Deployment Office, pursuant to delegated authority from the Secretary 
of Energy. That document with the original signature and date is 
maintained by DOE. For administrative purposes only, and in compliance 
with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC on February 6, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-02680 Filed 2-8-24; 8:45 am]
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