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 June 3, 2025, Rainbow 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, Rainbow is a power marketer authorized by the Federal Energy Regulatory Commission (FERC) “to sell energy, capacity and specified ancillary services at market-based rates.” App. at 3. Rainbow states that it a privately owned U.S. corporation with its principal place of business in Bismarck, North Dakota and “is part of a corporate family of companies that comprise United Energy Corporation[.]” Id. at 2. Rainbow maintains that it “does not own or control any physical electric generation or transmission facilities in the U.S. and does not have any franchised service territory in the U.S.” Id. at 3.

The Applicant represents that the proposed electricity exports are “surplus to the needs of those entities selling electric power to Rainbow.” App. at 5. Rainbow contends that the proposed electricity exports “will not impair the sufficiency of electric supply within the U.S. or impede regional coordination of electric utility planning or operation.” Id. Rainbow states that it will schedule “transactions with the appropriate balancing authority areas in compliance with the reliability criteria standards and guidelines established by the North American [Electric] Reliability Corporation and its member Regional Entities in effect at the time of the export.” 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 Electricity.Exports@hq.doe.gov. Protests should be filed in accordance with Rule 211 of FERC's Rules of Practice and Procedure (18 CFR ( printed page 13836) 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 Rainbow's Application should be clearly marked with OE Docket No. EA-375-C. Additional copies are to be provided directly to Joseph A. Wolfe, Rainbow Energy Marketing Corporation, 918 E Divide Ave., Bismarck, ND 58504, j.wolfe@rainbowenergy.com.

A final decision will be made on the requested authorization after DOE reviews the action pursuant to the 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 20, 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 13835