Application for Authorization To Export Electric Energy; XTS LLC, 103803 [2024-30219]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Notices]
[Page 103803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30219]


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DEPARTMENT OF ENERGY

[GDO Docket No. EA-520]


Application for Authorization To Export Electric Energy; XTS LLC

AGENCY: Grid Deployment Office, Department of Energy.

ACTION: Notice of application.

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SUMMARY: XTS LLC (the Applicant or XTS) 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 January 21, 2025.

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

FOR FURTHER INFORMATION CONTACT: Janessa Zucchetto, (240) 474-8226, 
[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) 
under Redelegation Order No. S3-DEL-GD1-2023.
    On November 19, 2024, XTS filed an application for authorization to 
transmit electric energy from the United States to Mexico for a term of 
five years. App. at 1.
    According to the Application, XTS is a power marketer ``authorized 
to do business in the State of Texas as a limited liability company 
that participates in the Electric Reliability Council of Texas[.]'' Id. 
XTS states that it purchases and sells electricity and ancillary 
services to customers. Id. The Applicant has applied for Federal Energy 
Regulatory Commission (FERC) market-based rate authority and ``will 
obtain any and all other regulatory approvals required in order to 
carry out any electricity exports.'' Id. at 4 & Attachment 2.
    The Applicant states it ``does not currently own or control 
electric generation or transmission facilities and does not have a 
power supply of its own in the United States that would cause its 
electricity exports to have a reliability, fuel use, or system 
stability impact.'' App. at 3. XTS represents that it ``will purchase 
the electricity that it may export, on either a firm or an 
interruptible basis, from wholesale generators, electric utilities, 
federal power marketing agencies, and affiliates through negotiated 
agreements that have been voluntarily executed by the selling parties 
after considering their own need for any such electricity.'' Id. at 3. 
XTS asserts its transactions will comply with all North American 
Reliability Corporation requirements and the export limits imposed by 
DOE. See id. at 4. For these reasons, XTS states that its ``proposed 
electricity exports will not impair or tend to impede the sufficiency 
of electric power supplies in the United States or the regional 
coordination of electric utility planning or operations.'' Id.
    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 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 XTS's Application should be 
clearly marked with GDO Docket No. EA-520. Additional copies are to be 
provided directly to Pedro Escudero y Ramirez de Arellano, XTS LLC, 
Javier Barros Sierra, 540 Park Plaza I Piso 1, Alvaro Obregon, CDMX, 
Mexico 01210, [email protected], and Frederick Jauss IV, Husch 
Blackwell LLP, 1801 Pennsylvania Avenue NW, Suite 1000, 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 December 13, 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 December 16, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-30219 Filed 12-18-24; 8:45 am]
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