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). 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 the Office of Electricity by Redelegation Order No. S3-DEL-OE1-2026.

On April 16, 2026, Clear Power filed an application (Application or App.) with DOE for renewal of export authority to transmit electric energy from the United States to Mexico for an additional five-year term. App. at 1. Clear Power was originally granted export authorization under Order No. EA-487 on December 9, 2020, which expired on December 9, 2025. Since Clear Power did not apply for renewal until after the expiration of the current export authorization, DOE is processing the application as a request for a new export authorization.

According to the Application, Clear Power is a limited liability corporation with its principal place of business in Folsom, California. The Applicant is a power marketer with “authorization from the Federal Energy Regulatory Commission (FERC) to market electric energy and capacity at wholesale pursuant to market-based rate authorization.” Id. at 2. Clear Power states that it is a “wholly-owned subsidiary of the Alaywan Trust, which owns or is affiliated with entities that own or control a combined total of 18.0 MW (nameplate) of operating renewable generation facilities all located in the California Independent System Operator (CAISO) market.” Id. Clear Power “does not own or control any electric power generation, transmission distribution facilities” and “does not have a franchised service area” Id. at 3. Thus, the Applicant states that it has “no `transmission system' of its own on which power exports could have a reliability or stability impact.” Id. at 5. Clear Power “will schedule its exports from the U.S. in compliance with all applicable reliability criteria, standards and guides as are set out by the North American Electricity 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 5-6.

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 to the Application at Electricity.Exports@hq.doe.gov.

Comments concerning Clear Power's Application should be clearly marked with OE Docket No. EA-531. Comments will be posted along with the relevant application on the program website at www.energy.gov/​oe/​pending-applications.

A final decision will be made on the requested authorization after the environmental impacts have been evaluated consistent with the National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321, et seq.), the DOE NEPA regulations at 10 CFR part 1021, and the DOE's NEPA ( printed page 66322) Implementing Procedures (June 2026) 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 are available on the program website at www.energy.gov/​oe/​pending-applications or by emailing Electricity.Exports@hq.doe.gov.

Signing Authority

This document of the Department of Energy was signed on October 14, 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 66321