Proposed Open Access Requirement for International Electric Transmission Facilities and Delegation to the Federal Energy Regulatory Commission

Notice is given of the Department of Energy's (DOE or Department) intention to amend existing Presidential permits issued for the construction, operation, maintenance, or connection of facilities at the international border for the transmission of electric energy between the United States and foreign countries to require permit holders to provide non-discriminatory open access transmission services. The open access requirement would also be attached to the permit holder's authorization(s) to export electricity. Notice is also given of the delegation and assignment by the Secretary of Energy (Secretary) to the Federal Energy Regulatory Commission (Commission) of the authority to carry out functions of the Secretary related to the implementation and enforcement of this open access requirement. This delegation and assignment rescinds and supersedes a prior delegation of the Secretary to the Commission, which transferred the authority to effectuate open access over the United States portion of the international transmission lines of the El Paso Electric Company.