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 January 8, 2026, the authority to issue such orders was delegated to the DOE's Assistant Secretary for Electricity by Redelegation Order No. S3-DEL-OE1-2026.

On December 12, 2025, TEMUS filed an application with DOE (Application or App.) for renewal of their export authority for an additional five-year term. App. at 1.

According to the Application, TEMUS is a power marketer authorized by the Federal Energy Regulatory Commission (FERC) “to market electric energy and capacity at wholesale” pursuant to its market-based rate authority, granted by FERC in June of 1998. App. at 2. TEMUS states that it is a Delaware corporation with its principal place of business in Centralia, Washington. Id. at 1. TEMUS further represents that it “is ( printed page 13828) an indirect subsidiary of TransAlta Corporation,” which is a publicly traded Canadian corporation headquartered in Calgary, Alberta. Id. at 2-3.

In its Application, TEMUS states that it will purchase power to be exported to Canada from “electric utilities, federal power marketing agencies, qualifying cogeneration and small power production facilities, independent power producers, and other sellers.” App. at 11. TEMUS notes that it “does not own any electric generation or transmission facilities and, as a power marketer, does not hold a franchise or service territory or native load obligation.” Id. at 10. Further, “none of TEMUS' affiliates owns any electric transmission facilities other than generator interconnection facilities and TEMUS is not affiliated with an entity that holds a franchise or service territory.” Id. TEMUS asserts DOE has recognized that power purchased by a power marketer is, by definition, surplus to the needs of the selling entities, and exports of electricity under such circumstances would not impair the sufficiency of electric supply within the U.S. Id. at 11. TEMUS states that it will schedule its exports “in compliance with all applicable reliability criteria, standards and guides as are set out by the North American [Electric] Reliability Corporation (`NERC') (or any successor organization), the North American Energy Standards Board (or any successor organization) and regional reliability councils and as applied by U.S. transmission providers.” Id at 12.

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 Electricity.Exports@hq.doe.gov. 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 Electricity.Exports@hq.doe.gov in accordance with FERC Rule 214 (18 CFR 385.214).

Comments and other filings concerning TEMUS' Application should be clearly marked with OE Docket No. EA-216-F. Additional copies are to be provided directly to Daryck Riddell, TransAlta Corporation, Suite 1400, 1100 1 St SE, Calgary, Alberta T2G 1B1 Canada, daryck_riddell@transalta.com and Catherine McCarthy, Bracewell LLP, 2011 M Street NW, Suite 900, Washington, DC 20036, catherine.mccarthy@bracewell.com.

A final decision will be made on the requested authorization after DOE reviews the action pursuant to its National Environmental Policy Act Implementing Procedures (June 2025), including 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 www.energy.gov/​gdo/​pending-applications-0 or by emailing Electricity.Exports@hq.doe.gov.

Signing Authority

This document of the Department of Energy was signed on February 19, 2026, by Catherine Jereza, Assistant Secretary, Office of Electricity, 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 .

91 FR 13827