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 September 1, 2026, TPS 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 2. TPS was granted export authorization under Order No. EA-431-A on March 4, 2022, which expires on March 4, 2027.

According to the Application, TPS is a Nebraska corporation that is authorized to do business in the States of Nebraska, Alabama, Illinois, Texas, New York, Ohio, Oklahoma, California, Delaware, Nevada, Pennsylvania, New Jersey, and Washington. TPS is an indirect wholly owned subsidiary of Tenaska Energy Inc. (Tenaska), which is “an independent developer and owner of power production facilities located throughout the United States.” Id. at 3. TPS is a “power marketer authorized by the Federal Energy Regulatory Commission (FERC) to make sales of electric power at wholesale in interstate commerce at market-based rates.” Id. In addition, TPS states that 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” and 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 4. Thus, “TPS's 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. at 4-5. ( printed page 69554)

The Applicant also states that it will “make all necessary commercial arrangements and will obtain any and all other regulatory approvals required in order to carry out any electricity exports” and that it “agrees to abide by the export limits contained in the relevant export authorization of any transmission facilities over which TPS exports electricity to Mexico.” Id. at 5.

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 A.

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 TPS's Application should be clearly marked with OE Docket No. EA-431-B. 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 (NEPA) of 1969, as amended (42 U.S.C. 4321, et seq.), the DOE NEPA regulations at 10 CFR part 1021, and the DOE's 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 30, 2026, by Gilbert Bindewald III, Principal Deputy 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 69553