Loveland Area Projects-Western Area Colorado Missouri Balancing Authority-Rate Order No. WAPA 118, 35424-35426 [05-12072]

Download as PDF 35424 Federal Register / Vol. 70, No. 117 / Monday, June 20, 2005 / Notices with the Commission and is available for public inspection. a. Type of Application: New Major License. b. Project No.: 2153–012. c. Date filed: April 30, 2002. d. Applicant: United Water Conservation District. e. Name of Project: Santa Felicia Hydroelectric Project. f. Location: On Piru Creek, in Ventura County, California. There are 174.5 acres of United States Forest Service land (Los Padres and Angels National Forest) within the boundary of the project. g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)—825(r). h. Applicant Contact: John Dickenson, United Water Conservation District, 106 N. 8th Street, Santa Paula, CA 93060, (805) 525–4431, johnd@unitedwater.org i. FERC Contact: Kenneth Hogan at (202) 502–8434 or Kenneth.Hogan@ferc.gov. j. Deadline for filing comments, recommendations, terms and conditions, and prescriptions is 60 days from the issuance of this notice; reply comments are due 105 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission’s Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Comments, recommendations, terms and conditions, and prescriptions may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web site (http://www.ferc.gov) under the ‘‘efiling’’ link. k. This application has been accepted for filing and is now ready for environmental analysis. l. The Santa Felicia Project is operated as a flood control dam during the winter with a primary purpose of storing water to recharge alluvium aquifers downstream of the project. Typically, the project acts as a hydroelectric project only during the conservation releases that serve to recharge the aquifers, normally a period of VerDate jul<14>2003 17:24 Jun 17, 2005 Jkt 205001 approximately 50 days during September and October. Power is also generated in anticipation of or during reservoir spill periods. The existing Santa Felicia Project consists of (1) A 200-foot-tall, 1,260-foot-long earth-fill dam; (2) an 87,187 acre-foot reservoir with a useable storage capacity of 67,669 acre-feet; (3) an ungated spillway and associated works; (4) a powerhouse with two units having a total installed capacity of 1,434-kilowatts; and (5) appurtenant facilities. The Santa Felicia powerhouse is operated manually. m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission’s Web site at http://www.ferc.gov using the ‘‘eLibrary’’ link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at FERCOnlineSupport@ferc.gov or tollfree at 1–866–208–3676, or for TTY, (202) 502–8659. A copy is also available for inspection and reproduction at the address in item (h) above. You may also register online at http://www.ferc.gov/docs-filing/ esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. n. Public notice of the filing of the initial development application, which has already been given, established the due date for filing competing applications or notices of intent. Under the Commission’s regulations, any competing development application must be filed in response to and in compliance with public notice of the initial development application. No competing applications or notices of intent may be filed in response to this notice. All filings must (1) Bear in all capital letters the title ‘‘COMMENTS’’, ‘‘REPLY COMMENTS’’, ‘‘RECOMMENDATIONS,’’ ‘‘TERMS AND CONDITIONS,’’ or ‘‘PRESCRIPTIONS;’’ (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person submitting the filing; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 Each filing must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b), and 385.2010. Magalie R. Salas, Secretary. [FR Doc. E5–3144 Filed 6–17–05; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Western Area Power Administration Loveland Area Projects—Western Area Colorado Missouri Balancing Authority-Rate Order No. WAPA 118 Western Area Power Administration, DOE. ACTION: Notice of proposed rate. AGENCY: SUMMARY: The Western Area Power Administration (Western) is proposing an adjustment for its Regulation and Frequency Response Service (Regulation) rate. The current rate, Rate Schedule No. L–AS3, will expire February 28, 2009. Western is undertaking this rate adjustment in response to anticipated load and resource growth and the corresponding impact on the Western Area Colorado Missouri (WACM) Balancing Authority (WACM Balancing Authority). Prior to April 1, 2005, the WACM Balancing Authority was known as the WACM Control Area. This proposed rate adjustment will ensure that users of Regulation service within the WACM Balancing Authority are appropriately assessed for their Regulation usage and that sufficient revenue is collected to cover provision of the service. Publication of this Federal Register notice begins the formal process for the proposed rate adjustment. The consultation and comment period begins today and will end September 19, 2005. Western will present a detailed explanation of the proposed rate adjustment at the public information forum, to be held on the following date and time: 1. July 27, 2005, 10 a.m. MDT, Denver, CO. Western will accept oral and written comments at the public comment forum, to be held on the following date and time: 1. July 27, 2005, 1 p.m. MDT, Denver, CO. Western will accept written comments at any time during the consultation and comment period. DATES: E:\FR\FM\20JNN1.SGM 20JNN1 Federal Register / Vol. 70, No. 117 / Monday, June 20, 2005 / Notices Send written comments to Edward F. Hulls, Operations Manager, Rocky Mountain Customer Service Region (RMR), Western Area Power Administration, P.O. Box 3700, Loveland, CO 80539–3003, e-mail LAPRegRateAdjust@wapa.gov. Western will post information about the rate process on its Web site at http:// www.wapa.gov/rm/ reg_rate_information.htm. Western will post official comments received via letter and e-mail after the close of the consultation and comment period. Written comments must be received by the end of the consultation and comment period to ensure they are considered in Western’s decision process. Western’s public information forum and public comment forum will both be held at the following location: 1. Radisson Hotel, Stapleton Plaza, 3333 Quebec Street, Denver, CO 80207, (303) 321–3500. ADDRESSES: Mr. Edward F. Hulls, Operations Manager, RMR, Western Area Power Administration, P.O. Box 3700, Loveland, CO 80539–3003, telephone (970) 461–7566, e-mail LAPRegRateAdjust@wapa.gov; or Mr. Daniel T. Payton, Rates Manager, RMR, Western Area Power Administration, P.O. Box 3700, Loveland, CO 80539– 3003, telephone (970) 461–7442, e-mail LAPRegRateAdjust@wapa.gov. FOR FURTHER INFORMATION CONTACT: The current Rate Schedule L–AS3 was approved by the Deputy Secretary of Energy as part of Rate Order No. WAPA–106 (69 FR 1723–1738) on January 12, 2004, which placed formula rates for Loveland Area Projects (LAP) transmission and ancillary services into effect on an interim basis effective March 1, 2004. On January 31, 2005, the Federal Energy Regulatory Commission (Commission) confirmed and approved the formula rates under FERC Docket No. EF04–5182–000 (110 FERC 62,084). The approval of Rate Schedule L–AS3 covers the five (5) year period beginning on March 1, 2004, and ending on February 28, 2009. The existing formula rate methodology for this rate will change under the proposed adjustment. Additionally, the proposed rate includes four different applications: (1) Loadbased assessment; (2) generator-based assessment; (3) load-based with nondispatchable resource(s) in the generation portfolio; and (4) assessment of self-provision for Regulation service, as follows: SUPPLEMENTARY INFORMATION: VerDate jul<14>2003 17:24 Jun 17, 2005 Jkt 205001 (1) Load-Based Assessment The first application of the Regulation rate will be assessed to entities serving load within the WACM Balancing Authority. This load-based rate will be assessed on an entity’s auxiliary load (total metered load less Federal entitlements). Western will periodically evaluate each entity’s load and generation patterns and determine whether or not they are within normal limits (conforming vs. non-conforming). Based on these periodic evaluations, Western may adjust the Regulation charges for an entity. (2) Generator-Based Assessment The second application of this Regulation rate will be assessed to entities that have a generating resource, but serve no load, within the WACM Balancing Authority. Based on the characteristics of the specific generator, Western will determine the amount of Regulation required for the resource. Based on Western’s periodic evaluation of the resource’s performance, the Regulation requirements for the resource may be adjusted. (3) Load-Based Assessment With NonDispatchable Resource(s) In the Generation Portfolio The third application of this rate will be assessed much like the load-based assessment, but will apply specifically to entities that also have nondispatchable resource(s) in their generation portfolio. In addition to the load-based charges outlined above, the entity will also be assessed the load-based Regulation charge for its non-dispatchable resource(s) equal to or less than 10 percent of that entity’s auxiliary load. For non-dispatchable resource(s) beyond 10 percent of an entity’s auxiliary load, Western will determine the amount of required Regulation and charge Western’s pass-through cost for providing the service. (4) Self-Provision Assessment The fourth application of this rate will allow for the self-provision of Regulation service. The WACM Balancing Authority will allow entities serving load inside the Balancing Authority to self-provide Regulation service for their load(s) and resource(s). These entities will be known as SubBalancing Authorities. The SubBalancing Authorities must meet all of the following criteria to be eligible for self-provision of Regulation service: 1. Have a well-defined boundary with the WACM Balancing Authority equipped with PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 35425 revenue-quality metering accuracy as defined by the North American Electric Reliability Council (NERC), to include megawatt (MW) flow data availability at 1-minute or smaller intervals. 2. Have Automatic Generation Control (AGC) capability. 3. Demonstrate Regulation capability. 4. Execute a contract with the Balancing Authority that requires the entity to: a. Provide all requested necessary data to the Balancing Authority b. Meet Sub-Balancing Authority Error Criteria (SBAEC) Levels of Self-Provision The type of operating system that the entity has in place will determine the level of self-provision provided. A requesting Sub-Balancing Authority must participate in regular performance testing and must provide sufficient documentation to receive full or partial credit for self-provision of Regulation service. Sub-Balancing Authorities with automatic control of generation in response to an internal error signal within the subject system may wish to provide for their own Regulation requirements. The internal error signal will consist of the measurement of a schedule across a known boundary, compared to the actual flow across the known boundary. For these entities, Western will require one of the following criteria: 1. The Sub-Balancing Authority must be willing and able to respond to the WACM Balancing Authority’s dynamic signal, proportional to the Sub-Balancing Authority’s load within the Balancing Authority. 2. The Sub-Balancing Authority must allow the WACM Balancing Authority direct access to pulse the Sub-Balancing Authority’s regulating units, proportional to their share of the Regulation requirement from the Balancing Authority. 3. The Sub-Balancing Authority and the WACM Balancing Authority may mutually agree to any other proven methodology and process. A Sub-Balancing Authority that does not have automatic control of the generation, with all control reactions to an error signal processed manually, may desire to self-provide Regulation service. This type of entity will have its Regulation service usage determined by an hourly calculation that measures the first derivative of the averaged 1-minute change in the Sub-Balancing Authority’s error signal. The only exception will be those hours when there is a reserve activation response call in which the entity either receives or provides energy to the reserve group. E:\FR\FM\20JNN1.SGM 20JNN1 35426 Federal Register / Vol. 70, No. 117 / Monday, June 20, 2005 / Notices Contributions for Frequency Bias For those entities operating automated generation control in a tie-line bias mode, subject to the requirements for Frequency Responsive Reserves (FRR), the WACM Balancing Authority intends to offset the calculated Regulation requirement by an amount equal to the weighted average hourly frequency multiplied by an entity’s frequency response bias factor. This will eliminate any Regulation costs incurred due to the provision of frequency support to the interconnection. For a requesting entity to qualify for this accommodation, it must provide the WACM Balancing Authority with data required for physical confirmation of FRR participation. Minimum data that must be provided in real time includes the scan-by-scan information regarding individual unit capability, real MW output, and reactive megavolt-ampere output. Engineering data commonly used for system modeling must also be provided. Other data may be required and will be requested in writing. No credit(s) will be allowed for frequency bias contributions until the requested real-time and engineering data is provided to the WACM Balancing Authority. Customer Accommodation Western will work with entities unwilling to take Regulation service from the WACM Balancing Authority, self-provide it, or provide it from a third party, to meter their resources and/or loads out of the Balancing Authority. Until such time as that meter reconfiguration is accomplished, the WACM Balancing Authority will charge the entity for Regulation service under the rate then in effect. Legal Authority Western has determined that the proposed rate constitutes a minor rate adjustment as defined by 10 CFR part 903, and has established a 90-day comment period. During that time, Western will hold both a public information forum and a public comment forum. After review of public comments, and possible amendments or adjustments, Western will recommend that the Deputy Secretary of Energy approve the proposed rate on an interim basis. Western is establishing this proposed rate adjustment for Regulation and Frequency Response Service under the Department of Energy Organization Act (42 U.S.C. 7152); the Reclamation Act of 1902 (ch 1093, 32 Stat. 388), as amended and supplemented by subsequent enactments, particularly VerDate jul<14>2003 17:24 Jun 17, 2005 Jkt 205001 section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)) and section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s); and other acts specifically applicable to the projects involved. By Delegation Order No. 00–037.00, effective December 6, 2001, the Secretary of Energy delegated: (1) The authority to develop power and transmission rates to Western’s Administrator; (2) the authority to confirm, approve, and place such rates into effect on an interim basis to the Deputy Secretary of Energy; and (3) the authority to confirm, approve, and place into effect on a final basis, to remand, or to disapprove such rates to the Federal Energy Regulatory Commission. Existing DOE procedures for public participation in power rate adjustments (10 CFR part 903) were published on September 18, 1985 (50 FR 37835). Determination Under Executive Order 12866 Western has an exemption from centralized regulatory review under Executive Order 12866; accordingly, no clearance of this notice by the Office of Management and Budget is required. Small Business Regulatory Enforcement Fairness Act Western has determined that this rule is exempt from congressional notification requirements under 5 U.S.C. 801 because the action is a rulemaking of particular applicability relating to rates or services and involves matters of procedure. Dated: April 28, 2005. Michael S. Hacskaylo, Administrator. [FR Doc. 05–12072 Filed 6–17–05; 8:45 am] BILLING CODE 6450–01–P Availability of Information All brochures, studies, comments, letters, memoranda, e-mail, or other documents made or kept by Western for developing the proposed rate will be made available for inspection and copying at the Rocky Mountain Customer Service Region office located at 5555 East Crossroads Boulevard, Loveland, CO 80538. Western’s Customer Rate Brochure for this rate adjustment is available on Western’s Web site at http:// www.wapa.gov/rm/ reg_rate_information.htm. Regulatory Procedure Requirements Regulatory Flexibility Analysis The Regulatory Flexibility Act of 1980 (5 U.S.C. 601, et seq.) requires Federal agencies to perform a regulatory flexibility analysis if a final rule is likely to have a significant economic impact on a substantial number of small entities and there is a legal requirement to issue a general notice of proposed rulemaking. This action does not require a regulatory flexibility analysis since it is a rulemaking of particular applicability involving rates or services applicable to public property. Environmental Compliance In compliance with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321, et seq.); Council on Environmental Quality Regulations (40 CFR parts 1500–1508); and DOE NEPA Regulations (10 CFR part 1021), Western has determined this action is categorically excluded from preparing an environmental assessment or an environmental impact statement. PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 EXPORT-IMPORT BANK OF THE UNITED STATES Economic Impact Policy This notice is to inform the public that the Export-Import Bank of the United States has received an application to finance the export of approximately $22.3 million in U.S. equipment to a producer of denim in Turkey. The exports will expand the Turkish buyer’s current production of denim by about 15 million square meters per year. Available information indicates that the denim will be sold in Turkey, Europe and the Former Soviet Union, starting in the latter part of 2005. Interested parties may submit comments on this transaction by e-mail to economic.impact@exim.gov or by mail to 811 Vermont Avenue, NW., Room 1238, Washington, DC 20571, within 14 days of the date this notice appears in the Federal Register. Helene S. Walsh, Director, Policy Oversight and Review. [FR Doc. 05–12028 Filed 6–17–05; 8:45 am] BILLING CODE 6690–01–P FEDERAL RESERVE SYSTEM Agency Information Collection Activities: Proposed Collection; Comment Request Board of Governors of the Federal Reserve System. SUMMARY: AGENCY: Background On June 15, 1984, the Office of Management and Budget (OMB) E:\FR\FM\20JNN1.SGM 20JNN1

Agencies

[Federal Register Volume 70, Number 117 (Monday, June 20, 2005)]
[Notices]
[Pages 35424-35426]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12072]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Western Area Power Administration


Loveland Area Projects--Western Area Colorado Missouri Balancing 
Authority-Rate Order No. WAPA 118

AGENCY: Western Area Power Administration, DOE.

ACTION: Notice of proposed rate.

-----------------------------------------------------------------------

SUMMARY: The Western Area Power Administration (Western) is proposing 
an adjustment for its Regulation and Frequency Response Service 
(Regulation) rate. The current rate, Rate Schedule No. L-AS3, will 
expire February 28, 2009.
    Western is undertaking this rate adjustment in response to 
anticipated load and resource growth and the corresponding impact on 
the Western Area Colorado Missouri (WACM) Balancing Authority (WACM 
Balancing Authority). Prior to April 1, 2005, the WACM Balancing 
Authority was known as the WACM Control Area.
    This proposed rate adjustment will ensure that users of Regulation 
service within the WACM Balancing Authority are appropriately assessed 
for their Regulation usage and that sufficient revenue is collected to 
cover provision of the service. Publication of this Federal Register 
notice begins the formal process for the proposed rate adjustment.

DATES: The consultation and comment period begins today and will end 
September 19, 2005. Western will present a detailed explanation of the 
proposed rate adjustment at the public information forum, to be held on 
the following date and time:
    1. July 27, 2005, 10 a.m. MDT, Denver, CO.
    Western will accept oral and written comments at the public comment 
forum, to be held on the following date and time:
    1. July 27, 2005, 1 p.m. MDT, Denver, CO.
    Western will accept written comments at any time during the 
consultation and comment period.

[[Page 35425]]


ADDRESSES: Send written comments to Edward F. Hulls, Operations 
Manager, Rocky Mountain Customer Service Region (RMR), Western Area 
Power Administration, P.O. Box 3700, Loveland, CO 80539-3003, e-mail 
LAPRegRateAdjust@wapa.gov. Western will post information about the rate 
process on its Web site at http://www.wapa.gov/rm/reg_rate_
information.htm. Western will post official comments received via 
letter and e-mail after the close of the consultation and comment 
period. Written comments must be received by the end of the 
consultation and comment period to ensure they are considered in 
Western's decision process. Western's public information forum and 
public comment forum will both be held at the following location:
    1. Radisson Hotel, Stapleton Plaza, 3333 Quebec Street, Denver, CO 
80207, (303) 321-3500.

FOR FURTHER INFORMATION CONTACT: Mr. Edward F. Hulls, Operations 
Manager, RMR, Western Area Power Administration, P.O. Box 3700, 
Loveland, CO 80539-3003, telephone (970) 461-7566, e-mail 
LAPRegRateAdjust@wapa.gov; or Mr. Daniel T. Payton, Rates Manager, RMR, 
Western Area Power Administration, P.O. Box 3700, Loveland, CO 80539-
3003, telephone (970) 461-7442, e-mail LAPRegRateAdjust@wapa.gov.

SUPPLEMENTARY INFORMATION: The current Rate Schedule L-AS3 was approved 
by the Deputy Secretary of Energy as part of Rate Order No. WAPA-106 
(69 FR 1723-1738) on January 12, 2004, which placed formula rates for 
Loveland Area Projects (LAP) transmission and ancillary services into 
effect on an interim basis effective March 1, 2004. On January 31, 
2005, the Federal Energy Regulatory Commission (Commission) confirmed 
and approved the formula rates under FERC Docket No. EF04-5182-000 (110 
FERC 62,084). The approval of Rate Schedule L-AS3 covers the five (5) 
year period beginning on March 1, 2004, and ending on February 28, 
2009.
    The existing formula rate methodology for this rate will change 
under the proposed adjustment. Additionally, the proposed rate includes 
four different applications: (1) Load-based assessment; (2) generator-
based assessment; (3) load-based with non-dispatchable resource(s) in 
the generation portfolio; and (4) assessment of self-provision for 
Regulation service, as follows:

(1) Load-Based Assessment

    The first application of the Regulation rate will be assessed to 
entities serving load within the WACM Balancing Authority. This load-
based rate will be assessed on an entity's auxiliary load (total 
metered load less Federal entitlements).
    Western will periodically evaluate each entity's load and 
generation patterns and determine whether or not they are within normal 
limits (conforming vs. non-conforming). Based on these periodic 
evaluations, Western may adjust the Regulation charges for an entity.

(2) Generator-Based Assessment

    The second application of this Regulation rate will be assessed to 
entities that have a generating resource, but serve no load, within the 
WACM Balancing Authority.
    Based on the characteristics of the specific generator, Western 
will determine the amount of Regulation required for the resource. 
Based on Western's periodic evaluation of the resource's performance, 
the Regulation requirements for the resource may be adjusted.

(3) Load-Based Assessment With Non-Dispatchable Resource(s) In the 
Generation Portfolio

    The third application of this rate will be assessed much like the 
load-based assessment, but will apply specifically to entities that 
also have non-dispatchable resource(s) in their generation portfolio.
    In addition to the load-based charges outlined above, the entity 
will also be assessed the load-based Regulation charge for its non-
dispatchable resource(s) equal to or less than 10 percent of that 
entity's auxiliary load. For non-dispatchable resource(s) beyond 10 
percent of an entity's auxiliary load, Western will determine the 
amount of required Regulation and charge Western's pass-through cost 
for providing the service.

(4) Self-Provision Assessment

    The fourth application of this rate will allow for the self-
provision of Regulation service. The WACM Balancing Authority will 
allow entities serving load inside the Balancing Authority to self-
provide Regulation service for their load(s) and resource(s). These 
entities will be known as Sub-Balancing Authorities. The Sub-Balancing 
Authorities must meet all of the following criteria to be eligible for 
self-provision of Regulation service:

    1. Have a well-defined boundary with the WACM Balancing 
Authority equipped with revenue-quality metering accuracy as defined 
by the North American Electric Reliability Council (NERC), to 
include megawatt (MW) flow data availability at 1-minute or smaller 
intervals.
    2. Have Automatic Generation Control (AGC) capability.
    3. Demonstrate Regulation capability.
    4. Execute a contract with the Balancing Authority that requires 
the entity to:
    a. Provide all requested necessary data to the Balancing 
Authority
    b. Meet Sub-Balancing Authority Error Criteria (SBAEC)

Levels of Self-Provision

    The type of operating system that the entity has in place will 
determine the level of self-provision provided. A requesting Sub-
Balancing Authority must participate in regular performance testing and 
must provide sufficient documentation to receive full or partial credit 
for self-provision of Regulation service.
    Sub-Balancing Authorities with automatic control of generation in 
response to an internal error signal within the subject system may wish 
to provide for their own Regulation requirements. The internal error 
signal will consist of the measurement of a schedule across a known 
boundary, compared to the actual flow across the known boundary. For 
these entities, Western will require one of the following criteria:

    1. The Sub-Balancing Authority must be willing and able to 
respond to the WACM Balancing Authority's dynamic signal, 
proportional to the Sub-Balancing Authority's load within the 
Balancing Authority.
    2. The Sub-Balancing Authority must allow the WACM Balancing 
Authority direct access to pulse the Sub-Balancing Authority's 
regulating units, proportional to their share of the Regulation 
requirement from the Balancing Authority.
    3. The Sub-Balancing Authority and the WACM Balancing Authority 
may mutually agree to any other proven methodology and process.

    A Sub-Balancing Authority that does not have automatic control of 
the generation, with all control reactions to an error signal processed 
manually, may desire to self-provide Regulation service. This type of 
entity will have its Regulation service usage determined by an hourly 
calculation that measures the first derivative of the averaged 1-minute 
change in the Sub-Balancing Authority's error signal. The only 
exception will be those hours when there is a reserve activation 
response call in which the entity either receives or provides energy to 
the reserve group.

[[Page 35426]]

Contributions for Frequency Bias

    For those entities operating automated generation control in a tie-
line bias mode, subject to the requirements for Frequency Responsive 
Reserves (FRR), the WACM Balancing Authority intends to offset the 
calculated Regulation requirement by an amount equal to the weighted 
average hourly frequency multiplied by an entity's frequency response 
bias factor. This will eliminate any Regulation costs incurred due to 
the provision of frequency support to the interconnection.
    For a requesting entity to qualify for this accommodation, it must 
provide the WACM Balancing Authority with data required for physical 
confirmation of FRR participation. Minimum data that must be provided 
in real time includes the scan-by-scan information regarding individual 
unit capability, real MW output, and reactive megavolt-ampere output. 
Engineering data commonly used for system modeling must also be 
provided. Other data may be required and will be requested in writing. 
No credit(s) will be allowed for frequency bias contributions until the 
requested real-time and engineering data is provided to the WACM 
Balancing Authority.

Customer Accommodation

    Western will work with entities unwilling to take Regulation 
service from the WACM Balancing Authority, self-provide it, or provide 
it from a third party, to meter their resources and/or loads out of the 
Balancing Authority. Until such time as that meter reconfiguration is 
accomplished, the WACM Balancing Authority will charge the entity for 
Regulation service under the rate then in effect.

Legal Authority

    Western has determined that the proposed rate constitutes a minor 
rate adjustment as defined by 10 CFR part 903, and has established a 
90-day comment period. During that time, Western will hold both a 
public information forum and a public comment forum. After review of 
public comments, and possible amendments or adjustments, Western will 
recommend that the Deputy Secretary of Energy approve the proposed rate 
on an interim basis.
    Western is establishing this proposed rate adjustment for 
Regulation and Frequency Response Service under the Department of 
Energy Organization Act (42 U.S.C. 7152); the Reclamation Act of 1902 
(ch 1093, 32 Stat. 388), as amended and supplemented by subsequent 
enactments, particularly section 9(c) of the Reclamation Project Act of 
1939 (43 U.S.C. 485h(c)) and section 5 of the Flood Control Act of 1944 
(16 U.S.C. 825s); and other acts specifically applicable to the 
projects involved.
    By Delegation Order No. 00-037.00, effective December 6, 2001, the 
Secretary of Energy delegated: (1) The authority to develop power and 
transmission rates to Western's Administrator; (2) the authority to 
confirm, approve, and place such rates into effect on an interim basis 
to the Deputy Secretary of Energy; and (3) the authority to confirm, 
approve, and place into effect on a final basis, to remand, or to 
disapprove such rates to the Federal Energy Regulatory Commission. 
Existing DOE procedures for public participation in power rate 
adjustments (10 CFR part 903) were published on September 18, 1985 (50 
FR 37835).

Availability of Information

    All brochures, studies, comments, letters, memoranda, e-mail, or 
other documents made or kept by Western for developing the proposed 
rate will be made available for inspection and copying at the Rocky 
Mountain Customer Service Region office located at 5555 East Crossroads 
Boulevard, Loveland, CO 80538.
    Western's Customer Rate Brochure for this rate adjustment is 
available on Western's Web site at http://www.wapa.gov/rm/reg_rate_
information.htm.

Regulatory Procedure Requirements

Regulatory Flexibility Analysis

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601, et seq.) 
requires Federal agencies to perform a regulatory flexibility analysis 
if a final rule is likely to have a significant economic impact on a 
substantial number of small entities and there is a legal requirement 
to issue a general notice of proposed rulemaking. This action does not 
require a regulatory flexibility analysis since it is a rulemaking of 
particular applicability involving rates or services applicable to 
public property.

Environmental Compliance

    In compliance with the National Environmental Policy Act of 1969 
(NEPA) (42 U.S.C. 4321, et seq.); Council on Environmental Quality 
Regulations (40 CFR parts 1500-1508); and DOE NEPA Regulations (10 CFR 
part 1021), Western has determined this action is categorically 
excluded from preparing an environmental assessment or an environmental 
impact statement.

Determination Under Executive Order 12866

    Western has an exemption from centralized regulatory review under 
Executive Order 12866; accordingly, no clearance of this notice by the 
Office of Management and Budget is required.

Small Business Regulatory Enforcement Fairness Act

    Western has determined that this rule is exempt from congressional 
notification requirements under 5 U.S.C. 801 because the action is a 
rulemaking of particular applicability relating to rates or services 
and involves matters of procedure.

    Dated: April 28, 2005.
Michael S. Hacskaylo,
Administrator.
[FR Doc. 05-12072 Filed 6-17-05; 8:45 am]
BILLING CODE 6450-01-P