DOE has consistently expressed its policy that international electricity trade should be subject to the same principles of comparable open access and non-discrimination that apply to transmission in interstate commerce. DOE has stated this policy in export authorizations granted to entities requesting authority to export over international transmission facilities. In those authorizations, DOE indicated it expected transmitting utilities owning cross-border facilities constructed pursuant to Presidential permits to provide access across the border in accordance with the principles of comparable open access and non-discrimination contained in the Federal Power Act and articulated in Federal Energy Regulatory Commission Order No. 888, as amended.

In furtherance of this policy, on July 27, 1999, DOE published a notice in the Federal Register (PDF 46 KB) announcing its intention to condition existing and future Presidential permits issued for international electric transmission facilities appropriate for third party transmission on compliance with a requirement to provide non-discriminatory open access transmission services. This open access requirement would also be attached to the permit holder's authorization(s) to export electricity.

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