Central Arizona Project-Rate Order No. WAPA-124, 1533-1538 [E6-110]

Download as PDF Federal Register / Vol. 71, No. 6 / Tuesday, January 10, 2006 / Notices Availability of Information Information regarding this rate increase, including studies and other supporting material, is available for public review and comment in the offices of Southwestern Power Administration, One West Third Street, Tulsa, Oklahoma 74103. Dated: December 23, 2005. Clay Sell, Deputy Secretary. [FR Doc. E6–108 Filed 1–9–06; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Comments and Responses Western Area Power Administration Southwestern received one written comment in which the customer representative expressed no objection to the proposed rate adjustment. Central Arizona Project—Rate Order No. WAPA–124 Other Issues There were no other issues raised during the informal period or during the formal public participation period. Administrator’s Certification The 2005 Revised Rayburn PRS indicates that the annual power rate of $2,816,064 will repay all costs of the project, including amortization of the power investment consistent with provisions of the Department of Energy (DOE) Order No. RA 6120.2. In accordance with Delegation Order Nos. 00–037.00 (December 6, 2001) and 00– 001.00B (July 28, 2005), and Section 5 of the Flood Control Act of 1944, the Administrator has determined that the proposed Rayburn power rate is consistent with applicable law and the lowest possible rate consistent with sound business principles. Environment The environmental impact of the rate increase proposal was evaluated in consideration of DOE’s guidelines for implementing the procedural provisions of the National Environmental Policy Act, 10 CFR 1021, and was determined to fall within the class of actions that are categorically excluded from the requirements of preparing either an Environmental Impact Statement or an Environmental Assessment. wwhite on PROD1PC65 with NOTICES Order In view of the foregoing and pursuant to the authority delegated to me, I hereby confirm, approve and place in effect on an interim basis, for the period January 1, 2006, through September 30, 2009, the annual Sam Rayburn Dam Rate of $2,816,064 for the sale of power and energy from Sam Rayburn Dam to the Sam Rayburn Electric Cooperative, Inc., under Contract No. DE–PM75– 92SW00215, dated October 7, 1992. This rate shall remain in effect on an interim basis through September 30, 2009, or until the FERC confirms and approves the rate on a final basis. VerDate Aug<31>2005 16:09 Jan 09, 2006 Jkt 208001 Western Area Power Administration, DOE. ACTION: Notice of order concerning transmission service rates. AGENCY: SUMMARY: The Deputy Secretary of Energy confirmed and approved Rate Order No. WAPA–124 and Rate Schedules CAP–FT2, CAP–NFT2, and CAP–NITS2, placing transmission rates from the Central Arizona Project (CAP) of the Western Area Power Administration (Western) into effect on an interim basis. The provisional rates will be in effect until the Federal Energy Regulatory Commission (Commission) confirms, approves, and places them into effect on a final basis or until they are replaced by other rates. The provisional rates will provide sufficient revenue to pay all annual costs, including interest expense, and repayment of power investment, within the allowable periods. DATES: Rate Schedules CAP–FT2, CAP– NFT2, and CAP–NITS2 will be placed into effect on an interim basis on the first day of the first full billing period beginning on or after January 1, 2006, and will be in effect until the Commission confirms, approves, and places the rate schedules in effect on a final basis through December 31, 2010, or until the rate schedules are superseded. Mr. J. Tyler Carlson, Regional Manager, Desert Southwest Customer Service Region, Western Area Power Administration, P.O. Box 6457, Phoenix, AZ 85005–6457, (602) 605– 7348, e-mail carlson@wapa.gov, or Mr. Jack D. Murray, Rates Team Lead, Desert Southwest Customer Service Region, Western Area Power Administration, P.O. Box 6457, Phoenix, AZ 85005– 6457, (602) 605–2442, e-mail jmurray@wapa.gov. FOR FURTHER INFORMATION CONTACT: The Deputy Secretary of Energy approved Rate Schedules CAP–FT1, CAP–NFT1, and CAP–NITS1 for transmission service on December 11, 2000 (Rate Order No. WAPA–88, 65 FR 77368, SUPPLEMENTARY INFORMATION: PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 1533 December 11, 2000). The Commission confirmed and approved the rate schedules on July 31, 2001, in FERC Docket No. EF01–5111–000. The existing rate schedules CAP–FT1, CAP– NFT1, and CAP–NITS1 are effective from January 1, 2001, through December 31, 2005. The existing rate schedules are being superseded by rate schedules CAP–FT2, CAP–NFT2, and CAP–NITS2. The provisional formula rates for point-topoint transmission service and Network Integration Transmission Service (NITS) on the CAP 115kV and 230–kV transmission lines are based on the calculation of a revenue requirement that recovers the CAP 115kV and 230– kV transmission lines costs for facilities associated with providing transmission service and the non-facilities costs allocated to transmission service. These rate formulas include costs for scheduling, system control, and dispatch service. The provisional rates for point-to-point transmission service on the CAP 115–kV/230–kV transmission system are determined by combining the average annual amortization costs with the average annual operations and maintenance costs, and dividing them by the average annual contract rate of delivery for the 5-year period FY 2006–FY 2010. The revised formula rates reflect a 2.87-percent decrease for 2006 when compared to the existing CAP transmission rates, which expire December 31, 2005. The decrease in the firm point-to-point rate is the result of increased transmission reservations combined with relatively stable expenses since the approval of Rate Order WAPA–88. Implementation of the revised formula rates will result in a firm transmission service rate of $9.55 per kilowattyear for 2006. NITS allows a transmission customer to integrate, plan, economically dispatch, and regulate its network resources to serve its native load in a way comparable to how a transmission provider uses its own transmission system to service its native load customers. The monthly charge methodology for NITS on the CAP 115– kV and 230–kV transmission lines is the product of the transmission customer’s load-ratio share times one-twelfth of the annual transmission revenue requirement. The customer’s load-ratio share is calculated on a rolling 12month basis. The customer’s load-ratio share is equal to that customer’s hourly load coincident with the CAP 115–kV and 230–kV transmission lines monthly transmission system peak divided by the resultant value of the CAP 115–kV and 230–kV transmission lines monthly E:\FR\FM\10JAN1.SGM 10JAN1 1534 Federal Register / Vol. 71, No. 6 / Tuesday, January 10, 2006 / Notices transmission system peak minus the CAP 115–kV and 230–kV transmission lines coincident peak for all firm pointto-point transmission service plus the CAP 115–kV and 230–kV transmission lines firm point-to-point transmission service reservations. 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 Commission. Existing DOE procedures for public participation in power rate adjustments (10 CFR part 903) were published on September 18, 1985. Under Delegation Order Nos. 00– 037.00 and 00–001.00B, and in compliance with 10 CFR part 903, and 18 CFR part 300, I hereby confirm, approve, and place Rate Order No. WAPA–124, the proposed formula rate for CAP transmission, into effect on an interim basis. The new Rate Schedules CAP–FT2, CAP–NFT2, and CAP–NITS2, will be promptly submitted to the Commission for confirmation and approval on a final basis. Dated: December 23, 2005. Clay Sell, Deputy Secretary. DEPARTMENT OF ENERGY wwhite on PROD1PC65 with NOTICES Deputy Secretary [Rate Order No. WAPA–124] In the Matter of: Western Area Power Administration Rate Adjustment for the Central Arizona Project. Order Confirming, Approving, and Placing the Central Arizona Project Transmission Service Rates Into Effect on an Interim Basis This rate was established in accordance with section 302 of the Department of Energy (DOE) Organization Act (42 U.S.C. 7152). This Act transferred to and vested in the Secretary of Energy the power marketing functions of the Secretary of the Department of the Interior and the Bureau of Reclamation under the Reclamation Act of 1902 (ch. 1093, 32 Stat. 388), as amended and supplemented by subsequent laws, particularly section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)), and other Acts that specifically apply to the project 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 VerDate Aug<31>2005 16:09 Jan 09, 2006 Jkt 208001 final basis, to remand or to disapprove such rates to the Commission. Existing DOE procedures for public participation in power rate adjustments (10 CFR part 903) were published on September 18, 1985. Acronyms and Definitions As used in this rate order, the following acronyms and definitions apply: Administrator: The Administrator of the Western Area Power Administration (Western). BATO: Balancing Authority and Transmission Operations area. Formerly referred to as a Control Area. Capacity: The electric capability of a generator, transformer, transmission circuit, or other equipment. It is expressed in kW. CAP: Central Arizona Project, one of three related water development projects that make up the Colorado River Basin Project. Commission: Federal Energy Regulatory Commission. CROD: Contract rate of delivery. The maximum amount of capacity made available to a customer for a period specified under a contract or service agreement. Customer: An entity with a contract [BF8] or service agreement that is receiving service from Western’s Desert Southwest Region. CY: Calendar year; January 1 through December 31. DOE: United States Department of Energy. DOE Order RA 6120.2: An order dealing with power marketing administration financial reporting and ratemaking procedures. Energy: Measured in terms of the work it is capable of doing over a period of time. It is expressed in kilowatthours. FERC: The Commission (to be used when referencing Commission Orders). Firm: A type of product and/or service available at the time requested by the customer. Formula Rates: A rate which is based upon a formula calculated yearly. FY: Fiscal year; October 1 to September 30. kV: Kilovolt—the electrical unit of measure of electric potential that equals 1,000 volts. kW: Kilowatt—the electrical unit of capacity that equals 1,000 watts. kWmonth: Kilowattmonth—the electrical unit of the monthly amount of capacity. kWh: Kilowatthour—the electrical unit of energy that equals 1,000 watts in 1 hour. mill: A monetary denomination of the United States that equals one tenth of a cent or one thousandth of a dollar. NEPA: National Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.). NITS: Network Integration Transmission Service. Non-firm: A type of product and/or service not always available at the time requested by the customer. O&M: Operation and Maintenance. Power: Capacity and energy. Reclamation: United States Department of the Interior, Bureau of Reclamation. Revenue Requirement: The revenue required to recover annual expenses (such as O&M, transmission service expenses, interest, deferred expenses) and repayment of Federal investments, and other assigned costs. PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 SCADA: Supervisory Control and Data Acquisition. WALC: Western Area Lower Colorado BATO, operated by Desert Southwest Region. Western: United States Department of Energy, Western Area Power Administration. Effective Date The new interim rates will take effect on the first day of the first full billing period beginning on or after January 1, 2006, and will remain in effect until December 31, 2010, pending approval by the Commission on a final basis. Public Notice and Comment Western followed the Procedures for Public Participation in Power and Transmission Rate Adjustments and Extensions, 10 CFR part 903, in developing these rates. The steps Western took to involve interested parties in the rate process were: 1. On June 22, 2005, Western mailed a notice announcing an informal meeting, which was held July 12, 2005. At this informal meeting, Western explained the rationale for the rate adjustment, presented rate designs and methodologies, and answered questions. 2. A Federal Register notice published on July 1, 2005 (70 FR 38130), announced the proposed rates for the Central Arizona Project, began a public consultation and comment period, and announced the public information and public comment forums. 3. On July 18, 2005, Western’s Desert Southwest Region mailed letters to all the Central Arizona Project customers and interested parties transmitting the Brochure for Proposed Rates and the Federal Register notice published on July 1, 2005. 4. On July 21, 2005, Western mailed data to the Central Arizona Project customers and interested parties, in response to customers’ data request at the informal customer meeting. 5. On July 22, 2005, beginning at 10 a.m., Western held a public information forum at the Desert Southwest Regional office in Phoenix, Arizona. Western provided detailed explanations of the proposed rates for CAP, and a list of issues that could affect the proposed rates. Western also answered questions, provided rate brochures, supporting documentation, and informational handouts. 6. On August 22, 2005, beginning at 1 p.m., Western held a comment forum to give the public an opportunity to comment for the record. There were no comments at this forum. 7. Western received one comment letter during the consultation and comment period, which ended September 29, 2005. All formally submitted comments have been considered in preparing this Rate Order. Comments Written comments were received from the following organizations: Central Arizona Water Conservation District. Project Description The CAP was authorized by passage of the Colorado River Basin Project Act (Act of September 30, 1968, Pub. L. 90–537, 82 Stat. 885) for the purposes of furnishing irrigation E:\FR\FM\10JAN1.SGM 10JAN1 Federal Register / Vol. 71, No. 6 / Tuesday, January 10, 2006 / Notices water and municipal water supplies to the water-deficient areas of Arizona and western New Mexico through direct diversion or exchange of water, conservation and development of fish and wildlife resources, enhancement of recreation opportunities, and for other purposes. The Secretary of the Interior was directed to construct, operate and maintain the CAP, consisting of the following principal works: (1) A system of main conduits and canals, including a main canal and pumping plants for diverting and carrying water; (2) water storage facilities and power-pumping plants; (3) aqueducts and pumping plants; (4) related canals, regulating facilities, hydroelectric power plants, and electrical transmission facilities required for the operation of said principal works; (5) related water distribution and drainage works; and (6) appurtenant works. The Colorado River Basin Project Act also authorized Federal participation with nonFederal interests for construction, operation, and maintenance of a thermal generating power plant (Navajo Generating Station or NGS) whereby the United States acquired the rights to plant capacity, including the delivery of power and energy over appurtenant transmission facilities to mutually agreed upon delivery points, as the Secretary of the Interior determines is required to provide pumping power for the CAP. When not required for the CAP, the NGS power and energy may be disposed of by the Secretary of the Interior for other purposes at such prices the Secretary determines, including its marketing in conjunction with the sale of power and energy from Federal power plants in the Colorado River system, so as to produce the greatest practicable amount of power and energy that can be sold at firm power and energy rates. On August 4, 1977, the Department of Energy Organization Act (Pub. L. 95–91, 91 Stat. 565; 42 U.S.C. 7101) was signed into law, establishing the DOE. Section 302(a)(3) of the Act created Western within DOE. Section 302(a)(1)(E) transferred the power marketing functions of the Bureau of Reclamation, including the construction, 1535 operation, and maintenance of transmission lines and attendant facilities to the DOE. Transmission Rate Methodology Study Western prepared a transmission rate methodology study to ensure that transmission service rates are adequate to recover the costs associated with providing transmission service on the CAP 115/230-kV transmission system. The design includes all transmission expenses and associated offsetting revenues. Western reviews the CAP rate design each year to determine if revenues will be sufficient to repay, within the required time, all costs assigned to the Central Arizona Project revenues. Repayment criteria are based on law, policies including DOE Order RA 6120.2, and authorizing legislation. The revised firm transmission rate for CAP firm transmission reflects an overall rate decrease of approximately 2.87 percent for 2006 when compared to the existing CAP firm transmission rate in Rate Schedule CAPFT1. COMPARISON OF CURRENT AND PROVISIONAL FIRM TRANSMISSION RATE Type of service Existing rates 115/230-kV system Proposed formula rates 115/230-kV system 1/1/2006 Firm Transmission Service .................... Nonfirm Transmission Service ............... $9.83/kW/year ....................................... 1.12 mills/kWh ....................................... $9.55/kW/year ....................................... 1.09 mills/kWh ....................................... Firm Point-to-Point Western seeks approval of the rate design formula to calculate the transmission rate to be applied annually. Using this formula, the provisional rate for firm CAP transmission service is $9.55 per kW-year for 2006, a 2.87percent decrease from the existing transmission rate of $9.83 per kW-year, which became effective January 1, 2001. The decrease is due to transmission capacity reservations increasing more rapidly than increases in total annual costs. The rate formula is calculated annually, using the most recent 5-year projections of total VerDate Aug<31>2005 16:09 Jan 09, 2006 Jkt 208001 expenses and revenues. If needed, a revised rate will become effective each January 1. The proposed rate formula would be effective January 1, 2006, through December 31, 2010. The cost/kW-year is calculated using the following two-step formula: (1) ARR − TRC=NARR NARR (2) TSTL Where: ARR = Annual Revenue Requirement. The costs associated with facilities that support the transfer capability of the CAP transmission system, excluding generation facilities. These costs include investment costs, interest expense, administrative and general expenses, and operation and maintenance expense. The revenue requirement for CAP is based on projected average costs for the upcoming 5-year rate-setting period. TRC = Transmission Revenue Credits. The revenues generated by the CAP transmission system not related to the revenues from the sale of long-term firm transmission. NARR = Net Annual Transmission Revenue Requirement. The Annual Revenue Requirement minus Transmission Revenue Credits. TSTL = CAP Transmission System Total Load. The sum of the total average CAP transmission capacity under long-term reservation, including the total network integration loads at system peak for the upcoming 5-year rate-setting period. PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 (2.87%) (2.87%) Nonfirm Point-to-Point The proposed rate for nonfirm point-topoint CAP transmission service is a mills/ kWh rate, based upon the current firm pointto-point rate and may be discounted. This rate will remain in effect for the same period as the firm point-to-point rate and will also be reviewed annually. The provisional rate for CAP non-firm transmission service is based on the current CAP firm point-to-point transmission rate. The provisional rate is expressed in mills/kWh and is a maximum of 1.09 mills/kWh for 2006. Transmission availability will be posted on Western’s OASIS. Network Integration Transmission Service The proposed rate for network transmission is a formula calculation based upon the annual transmission revenue requirement. There are no changes to the existing network integration transmission service formula under Rate Schedule CAP– NITS2. NITS allows a transmission customer to integrate, plan, economically dispatch, and regulate its network resources to serve its native load in a way comparable to how a transmission provider uses its own transmission system to service its native load customers. The monthly charge methodology for NITS on the CAP 115-kV and 230-kV transmission lines is the product of the transmission customer’s load-ratio share times one-twelfth of the annual transmission revenue requirement. The customer’s loadratio share is calculated on a rolling 12month basis. The customer’s load-ratio share is equal to that customer’s hourly load coincident with the CAP 115-kV and 230-kV E:\FR\FM\10JAN1.SGM 10JAN1 EN10JA06.000</MATH> wwhite on PROD1PC65 with NOTICES Western’s revised rate formula will be used to calculate rates annually for all current and future CAP transmission service. The current CAP transmission rate formula became effective on January 1, 2001. The current CAP rate under WAPA Rate Order No. 88 will expire December 31, 2005. The revised transmission rate formula is expected to be effective January 1, 2006, through December 31, 2010. These rate formulas include costs for scheduling, system control, and dispatch service. The methodology is an annual formula that will divide the average annual transmission revenue requirement by the average annual transmission reservations to determine the rate for firm point-to-point transmission service. The annual transmission revenue requirement includes O&M expenses, administrative and general expenses, investment costs, and interest expense. This revenue requirement is offset by any CAP transmission system revenue credits, such as revenue from non-firm or short-term sales, to determine the net revenue requirement. Percent change 1536 Federal Register / Vol. 71, No. 6 / Tuesday, January 10, 2006 / Notices transmission lines monthly transmission system peak divided by the resultant value of the CAP 115-kV and 230-kV transmission lines monthly transmission system peak minus the CAP 115-kV and 230-kV transmission lines coincident peak for all firm point-to-point transmission service plus the CAP 115-kV and 230-kV transmission lines firm point-to-point transmission service reservations. The proposed revenue requirement includes the costs for scheduling, system control, and dispatch service. The reactive supply and voltage control ancillary service must be purchased from the WALC BATO. The transmission customer may self-supply the four remaining ancillary services or request them from WALC. These four ancillary services are regulation and frequency response service, energy imbalance service, spinning reserve service, and supplemental reserve service. The rates for these ancillary services are set forth in Rate Schedules DSW–SD1, DSW–RS1, DSW–EI1, DSW–FR1, DSW–SPR1, and DSW–SUR1. Western is currently engaged in a public process to implement new Rates Schedules for ancillary services, which are expected to be effective April 1, 2006. Certification of Rates Western’s Administrator certified that the provisional rates for CAP transmission service are the lowest possible rates consistent with sound business principles. The provisional rates were developed following administrative policies and applicable laws. Basis for Rate Development According to Reclamation Law, Western must establish transmission rates sufficient to recover operation, maintenance, purchased power and interest expenses, and repayment of investment. The existing rate for CAP firm transmission under Rate Schedule CAP–FT1 expires December 31, 2005. Effective January 1, 2006, Rate Schedule CAP–FT1 will be superseded by the new rates in Rate Schedule CAP–FT2. The provisional rate for CAP firm point-topoint transmission is $9.55 per kW per year. Statement of Revenue and Related Expenses The following table provides a summary of projected revenue and expense data for the CAP firm transmission rate through the 5year provisional rate approval period. CAP FIRM TRANSMISSION.—COMPARISON OF 5-YEAR RATE PERIOD (FY 2006–FY 2010) [Total revenues and expenses] Existing formula rate Proposed formula rate Difference Total Revenues ........................................................................................................ Revenue Distribution Expenses: O&M (including replacements expense) .......................................................... Purchased Power and Wheeling ...................................................................... Interest .............................................................................................................. Other ................................................................................................................. $34,429,675 $40,103,745 $5,674,070 6,417,770 0 19,343,148 345,140 10,864,596 0 17,931,221 1,813,043 4,446,826 0 (1,411,927) 1,467,903 Total Expenses .......................................................................................... 26,106,058 30,608,860 4,502,802 Principal Payments: Original Project and Additions .......................................................................... Replacements ................................................................................................... 8,323,302 0 9,484,969 0 1,161,667 0 Total Principal Payments .......................................................................... 8,323,302 9,484,969 1,161,667 Total Revenue Distribution ........................................................................ 34,429,360 40,093,829 5,664,469 The cost data reflects an increase in total costs when comparing the existing rates to the proposed rates. The increases in total costs, however, are outpaced by increases in total transmission reservations, resulting in a proposed rate decrease of 2.87 percent effective January 1, 2006. Comments The comments and responses regarding the firm transmission rate, paraphrased for brevity when not affecting the meaning of the statement(s), are discussed below. Direct quotes from comment letters are used for clarification where necessary. The rate process issues discussed are, (1) Central Arizona Water Conservation District (CAWCD) O&M costs, (2) Western expenses to the CAP transmission system, and (3) capital additions and replacements. wwhite on PROD1PC65 with NOTICES 1. CAWCD O&M Costs Comment: The CAWCD representative strongly supports including the costs identified during the public process. However, there are other CAP transmission system O&M costs incurred by CAWCD, in addition to the McCullough O&M charge, which are not reflected in Western’s rate review. VerDate Aug<31>2005 16:09 Jan 09, 2006 Jkt 208001 Response: Western has committed to continue to work with CAWCD to ensure that costs appropriately attributed to the CAP 115/230-kV transmission system will be included in the rate calculation. O&M expenses incurred by CAWCD to aid in maintaining the Federal transmission system are appropriately included in the transmission rate. Costs will be reviewed annually as part of the annual review to determine adequacy of the transmission rate. 2. Western Expenses to the CAP Transmission System Comment: The CAWCD representative indicated the CAP transmission line miles and SCADA point values that are used to allocate costs for transmission system studies (‘‘STUDM’’ costs) and costs for assets providing benefit to multiple power systems (‘‘RENTM’’ costs), respectively, are too high and should be adjusted. Response: Western has responded to CAWCD’s review of the allocation practices and stated that adjustments will be made where appropriate in FY 2006. Any resulting increase or decrease in the revenue requirement which results in an over or under collection will be accounted for in the subsequent year. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 3. Capital Additions and Replacements in Rate Comment: The CAWCD representative indicated that Western’s July 2005 rate adjustment brochure states that no capital additions or replacements are projected for FY 2006 through FY 2010. The customer believes the brochure statement to be untrue, and anticipates annual costs for capital additions or replacements in FY 2007 and beyond to average at least $500,000. Those costs should be included in the CAP transmission rate methodology. CAWCD encourages Western to modify the proposed CAP transmission rate to be charged for CY 2006 to include projections for new capital investments. Response: Western is working with CAWCD and the Bureau of Reclamation to ensure appropriate amortization costs for capitalized replacements or additions are included in the rate calculation. Based on reviews of available data, Western has included an estimate of $625,000 in replacements for the rate to be charged in CY 2006. In the event capitalized replacements or additions are added to plant-in-service in a given year, and the amortization costs (principal and interest) were not included in E:\FR\FM\10JAN1.SGM 10JAN1 Federal Register / Vol. 71, No. 6 / Tuesday, January 10, 2006 / Notices the rate calculation, they will be included in the subsequent year. Availability of Information Information about this rate adjustment, including power repayment studies, comments, letters, memorandums, and other supporting material made or kept by Western to develop the provisional rates, is available for public review in the Desert Southwest Customer Service Region, Western Area Power Administration, 615 South 43rd Avenue, Phoenix, Arizona. 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. Western has determined that 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 NEPA of 1969 (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 that 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. wwhite on PROD1PC65 with NOTICES Submission to the Federal Energy Regulatory Commission The interim rates herein confirmed, approved, and placed into effect, together with supporting documents, will be submitted to the Commission for confirmation and final approval. Order In view of the foregoing and under the authority delegated to me, I confirm and approve on an interim basis, effective January 1, 2006, Rate Schedules CAP–FT2, CAP– NFT2, and CAP–NITS2 for the Central Arizona Project of the Western Area Power Administration. The rate schedules shall remain in effect on an interim basis, pending the Commission’s confirmation and approval of them or substitute rates on a final basis through December 31, 2010. VerDate Aug<31>2005 16:09 Jan 09, 2006 Jkt 208001 Dated: December 23, 2005. Clay Sell, Deputy Secretary. Rate Schedule CAP–FT2 Supersedes Rate Schedule CAP–FT1 United States Department of Energy Western Area Power Administration Central Arizona Project Schedule of Rate(s) for Firm Point-to-Point CAP 115-kv/230-kv Transmission Service Effective: The first day of the first full billing period beginning on or after January 1, 2006, through December 31, 2010. Available: In the area served by the Central Arizona Project (CAP) 115-kV/230-kV transmission system. Applicable: The transmission service customers shall compensate the CAP where firm capacity and energy are supplied to the CAP 115-kV/230-kV transmission system at points of interconnection with other systems and transmitted and delivered, less losses, to points of delivery on the CAP 115-kV/230-kV system specified in the contract or service agreement. The formula for the annual revenue requirement used to calculate the charges for this firm service under this schedule was promulgated and may be modified pursuant to applicable Federal laws, regulations, and policies. The Desert Southwest Region may modify the charges for firm point-to-point transmission service upon written notice to the transmission customer. Any change to the charges to the transmission customer for firm point-to-point transmission, shall be as set forth in a revision to this rate schedule promulgated pursuant to applicable Federal laws, regulations, and policies and made part of the applicable service contract or service agreement. DSW shall charge the transmission customer in accordance with the revenue requirements then in effect. Character and Conditions of Service: Alternating current at 60 Hertz, three-phase, delivered and metered at the voltages and points of delivery established by contract or service agreement over the CAP 115-kV/230kV transmission system. Formula Rate for Firm Point-to-Point Transmission Service Annual Rate = 5-Year Average Annual Revenue Requirement divided by the 5Year Average Contract Rate of Delivery, rounded to the nearest penny. Monthly Rate = Annual Rate divided by 12, rounded to the nearest penny. Calculated Rates For 2006, the annual firm rate calculates to $9.55 per kW year, and the monthly firm rate calculates to $0.80 per kW month. Based on updated financial and load data, recalculated rates will go into effect on January 1 of each year during the effective rate schedule period. Adjustments For Reactive Power: There shall be no entitlement to transfer of reactive kilovolt amperes at delivery points, except when such transfers may be mutually agreed upon by PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 1537 contractor and contracting officer or their authorized representatives. For Losses: Capacity and energy losses incurred in connection with the transmission and delivery of capacity and energy under this rate schedule shall be supplied by the customer in accordance with the contract or service agreement. Billing for Unauthorized Overruns: For each billing period in which there is a contract violation involving an unauthorized overrun of the contractual firm transmission obligations, such overrun shall be billed at 10 times the above rates. Rate Schedule CAP–NFT2 Supersede Rate Schedule CAP–NFT1 United States Department of Energy Western Area Power Administration Central Arizona Project Schedule of Rate(s) for Nonfirm Point-toPoint CAP 115-kV/230-kV Transmission Service Effective: The first day of the first full billing period beginning on or after January 1, 2006, through December 31, 2010. Available: In the marketing area served by the Central Arizona Project 115-kV/230-kV transmission system. Applicable: The transmission service customer shall compensate the Central Arizona Project (CAP) for nonfirm point-topoint transmission service where capacity and energy are supplied to the CAP 115-kV/ 230-kV transmission system at points of interconnection with other systems, transmitted subject to the availability of the transmission capacity, and delivered less losses, to points of delivery on the CAP 115kV/230-kV system specified in the contract or service agreement. Character and Conditions of Service: Alternating current at 60 Hertz, three-phase, delivered and metered at the voltages and points of delivery established by contract or service agreement over the CAP 115-kV/230kV transmission system. Formula Rate for Nonfirm Point-to-Point Transmission Service Nonfirm Point-To-Point Transmission Service Rate: Each Contractor shall be billed monthly a mills per kilowatthour rate of scheduled or delivered kilowatthours at point of delivery, established by contract, payable monthly. This rate is equal to the CAP 115-kV/230-kV Firm Transmission dollar per kilowattyear rate then in effect divided by 8760, multiplied by 1,000, rounded to two decimal places. Calculated Rate For 2006, the nonfirm rate calculates to 1.09 mills/kWh. Based on updated financial and load data, a recalculated rate will go into effect on January 1 of each year during the effective rate schedule period. Adjustments For Reactive Power: There shall be no entitlement to transfer of reactive kilovolt amperes at delivery points, except when such transfers may be mutually agreed upon by contractor and contracting officer or their authorized representatives. E:\FR\FM\10JAN1.SGM 10JAN1 1538 Federal Register / Vol. 71, No. 6 / Tuesday, January 10, 2006 / Notices For Losses: Capacity and energy losses incurred in connection with the transmission and delivery of capacity and energy under this rate schedule shall be supplied by the customer in accordance with the contract or service agreement. Rate Schedule CAP–NITS2 Supersedes Rate Schedule CAP–NITS1 United States Department of Energy Western Area Power Administration Central Arizona Project Schedule of Rate(s) for Network Integration Transmission Service Effective: The first day of the first full billing period beginning on or after January 1, 2006, through December 31, 2010. Applicable: The transmission customer shall compensate the CAP each month for Network Integration Transmission Service (NITS) pursuant to the applicable Network Integration Transmission Service Agreement and annual revenue requirement referred to below. The formula for the annual revenue requirement used to calculate the charges for this service under this schedule was promulgated and may be modified pursuant to applicable Federal laws, regulations, and policies. The Desert Southwest Region (DSW) may modify the charges for NITS upon written notice to the transmission customer. DSW shall charge the transmission customer in accordance with the revenue requirement then in effect. Formula Rate Monthly Charge = Transmission Customer’s Load-Ratio Share × (Revenue Requirement/12) Calculated Rate The NITS rate is calculated using a projected annual revenue requirement. Based on updated financial and load data, a recalculated revenue requirement will go into effect on January 1 of each year during the effective rate schedule period. [FR Doc. E6–110 Filed 1–9–06; 8:45 am] BILLING CODE 6450–01–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8020–5] National Advisory Council for Environmental Policy and Technology Environmental Technology Subcommittee Environmental Protection Agency (EPA). ACTION: Notice of meeting. wwhite on PROD1PC65 with NOTICES AGENCY: SUMMARY: Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a meeting of the Environmental Technology Subcommittee of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT VerDate Aug<31>2005 16:09 Jan 09, 2006 Jkt 208001 provides advice and recommendations to the Administrator of EPA on a broad range of environmental policy, technology, and management issues. The Environmental Technology Subcommittee was formed to assist EPA in evaluating its current and potential role in the development and commercialization of environmental technologies by suggesting how to optimize existing EPA programs to facilitate the development of sustainable private sector technologies, and by suggesting alternative approaches to achieving these goals. The purpose of the meeting is to discuss the Subcommittee’s recommendations on these issues. The Subcommittee will also discuss new issues that it may address in the future. A copy of the agenda for the meeting will be posted at https://www.epa.gov/ocem/nacept/calnacept.htm. DATES: The NACEPT Environmental Technology Subcommittee will hold a two day open meeting on Thursday, January 19, from 9 a.m. to 5 p.m. and Friday, January 20, from 8:30 a.m. to 1:30 p.m. Due to extenuating circumstances, contractual arrangements of the meeting space were delayed. ADDRESSES: The meeting will be held at the Madison Hotel, 1177 15th Street, NW., Washington, DC 20005. The meeting is open to the public, with limited seating on a first-come, firstserved basis. FOR FURTHER INFORMATION CONTACT: Mark Joyce, Designated Federal Officer, joyce.mark@epa.gov, 202–233–0068, U.S. EPA, Office of Cooperative Environmental Management (1601E), 1200 Pennsylvania Avenue, NW., Washington, DC 20460. SUPPLEMENTARY INFORMATION: Requests to make oral comments or provide written comments to the Subcommittee should be sent to Mark Joyce, Designated Federal Officer, at the contact information above. The public is welcome to attend all portions of the meeting. Meeting Access: For information on access or services for individuals with disabilities, please contact Mark Joyce at 202–233–0068 or joyce.mark@epa.gov. To request accommodation of a disability, please contact Mark Joyce, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request. Dated: January 4, 2006. Sonia Altieri, Designated Federal Officer. [FR Doc. E6–98 Filed 1–9–06; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPPT–2003–0006; FRL–7746–6] TSCA Chemical Testing; Receipt of Test Data Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: This notice announces EPA’s receipt of test data regarding In Vitro Dermal Absorption Rate Testing of Certain Chemicals of Interest to the Occupational Safety and Health Administration. Data were received on the following chemicals: Biphenyl (CAS No. 92-52-4); tert-butylcatechol (TBC) (CAS No. 98-29-3); carbon disulfide (CAS No. 75-15-0); catechol (CAS No. 120-80-9); chlorobenzene (CAS No. 10890-7); cyclohexanol (CAS No. 108-93-0); p-dichlorobenzene (CAS No. 106-46-7); dimethylacetamide (DMAc) (CAS No. 127-19-5); ethylene dichloride (CAS No. 107-06-2); hydroquinone monomethyl ether (HQMME) (CAS No. 150-76-5); methyl formate (CAS No. 107-31-3); vinyl toluene (CAS No. 25013-15-4); and p-xylene (CAS No. 106-42-3). These data were submitted pursuant to a test rule issued by EPA under section 4 of the Toxic Substances Control Act (TSCA). FOR FURTHER INFORMATION CONTACT: Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (202) 554–1404; e-mail address: TSCA-Hotline@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general. This action may, however, be of interest to those persons who are concerned about data on health and/or environmental effects and other characteristics of this chemical. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket identification (ID) number E:\FR\FM\10JAN1.SGM 10JAN1

Agencies

[Federal Register Volume 71, Number 6 (Tuesday, January 10, 2006)]
[Notices]
[Pages 1533-1538]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-110]


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

DEPARTMENT OF ENERGY

Western Area Power Administration


Central Arizona Project--Rate Order No. WAPA-124

AGENCY: Western Area Power Administration, DOE.

ACTION: Notice of order concerning transmission service rates.

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

SUMMARY: The Deputy Secretary of Energy confirmed and approved Rate 
Order No. WAPA-124 and Rate Schedules CAP-FT2, CAP-NFT2, and CAP-NITS2, 
placing transmission rates from the Central Arizona Project (CAP) of 
the Western Area Power Administration (Western) into effect on an 
interim basis. The provisional rates will be in effect until the 
Federal Energy Regulatory Commission (Commission) confirms, approves, 
and places them into effect on a final basis or until they are replaced 
by other rates. The provisional rates will provide sufficient revenue 
to pay all annual costs, including interest expense, and repayment of 
power investment, within the allowable periods.

DATES: Rate Schedules CAP-FT2, CAP-NFT2, and CAP-NITS2 will be placed 
into effect on an interim basis on the first day of the first full 
billing period beginning on or after January 1, 2006, and will be in 
effect until the Commission confirms, approves, and places the rate 
schedules in effect on a final basis through December 31, 2010, or 
until the rate schedules are superseded.

FOR FURTHER INFORMATION CONTACT: Mr. J. Tyler Carlson, Regional 
Manager, Desert Southwest Customer Service Region, Western Area Power 
Administration, P.O. Box 6457, Phoenix, AZ 85005-6457, (602) 605-7348, 
e-mail carlson@wapa.gov, or Mr. Jack D. Murray, Rates Team Lead, Desert 
Southwest Customer Service Region, Western Area Power Administration, 
P.O. Box 6457, Phoenix, AZ 85005-6457, (602) 605-2442, e-mail 
jmurray@wapa.gov.

SUPPLEMENTARY INFORMATION: The Deputy Secretary of Energy approved Rate 
Schedules CAP-FT1, CAP-NFT1, and CAP-NITS1 for transmission service on 
December 11, 2000 (Rate Order No. WAPA-88, 65 FR 77368, December 11, 
2000). The Commission confirmed and approved the rate schedules on July 
31, 2001, in FERC Docket No. EF01-5111-000. The existing rate schedules 
CAP-FT1, CAP-NFT1, and CAP-NITS1 are effective from January 1, 2001, 
through December 31, 2005.
    The existing rate schedules are being superseded by rate schedules 
CAP-FT2, CAP-NFT2, and CAP-NITS2. The provisional formula rates for 
point-to-point transmission service and Network Integration 
Transmission Service (NITS) on the CAP 115kV and 230-kV transmission 
lines are based on the calculation of a revenue requirement that 
recovers the CAP 115kV and 230-kV transmission lines costs for 
facilities associated with providing transmission service and the non-
facilities costs allocated to transmission service. These rate formulas 
include costs for scheduling, system control, and dispatch service. The 
provisional rates for point-to-point transmission service on the CAP 
115-kV/230-kV transmission system are determined by combining the 
average annual amortization costs with the average annual operations 
and maintenance costs, and dividing them by the average annual contract 
rate of delivery for the 5-year period FY 2006-FY 2010.
    The revised formula rates reflect a 2.87-percent decrease for 2006 
when compared to the existing CAP transmission rates, which expire 
December 31, 2005. The decrease in the firm point-to-point rate is the 
result of increased transmission reservations combined with relatively 
stable expenses since the approval of Rate Order WAPA-88. 
Implementation of the revised formula rates will result in a firm 
transmission service rate of $9.55 per kilowattyear for 2006.
    NITS allows a transmission customer to integrate, plan, 
economically dispatch, and regulate its network resources to serve its 
native load in a way comparable to how a transmission provider uses its 
own transmission system to service its native load customers. The 
monthly charge methodology for NITS on the CAP 115-kV and 230-kV 
transmission lines is the product of the transmission customer's load-
ratio share times one-twelfth of the annual transmission revenue 
requirement. The customer's load-ratio share is calculated on a rolling 
12-month basis. The customer's load-ratio share is equal to that 
customer's hourly load coincident with the CAP 115-kV and 230-kV 
transmission lines monthly transmission system peak divided by the 
resultant value of the CAP 115-kV and 230-kV transmission lines monthly

[[Page 1534]]

transmission system peak minus the CAP 115-kV and 230-kV transmission 
lines coincident peak for all firm point-to-point transmission service 
plus the CAP 115-kV and 230-kV transmission lines firm point-to-point 
transmission service reservations.
    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 Commission. Existing DOE procedures for 
public participation in power rate adjustments (10 CFR part 903) were 
published on September 18, 1985.
    Under Delegation Order Nos. 00-037.00 and 00-001.00B, and in 
compliance with 10 CFR part 903, and 18 CFR part 300, I hereby confirm, 
approve, and place Rate Order No. WAPA-124, the proposed formula rate 
for CAP transmission, into effect on an interim basis. The new Rate 
Schedules CAP-FT2, CAP-NFT2, and CAP-NITS2, will be promptly submitted 
to the Commission for confirmation and approval on a final basis.

    Dated: December 23, 2005.
Clay Sell,
Deputy Secretary.

DEPARTMENT OF ENERGY

Deputy Secretary

[Rate Order No. WAPA-124]

In the Matter of: Western Area Power Administration Rate Adjustment for 
the Central Arizona Project. Order Confirming, Approving, and Placing 
the Central Arizona Project Transmission Service Rates Into Effect on 
an Interim Basis

    This rate was established in accordance with section 302 of the 
Department of Energy (DOE) Organization Act (42 U.S.C. 7152). This 
Act transferred to and vested in the Secretary of Energy the power 
marketing functions of the Secretary of the Department of the 
Interior and the Bureau of Reclamation under the Reclamation Act of 
1902 (ch. 1093, 32 Stat. 388), as amended and supplemented by 
subsequent laws, particularly section 9(c) of the Reclamation 
Project Act of 1939 (43 U.S.C. 485h(c)), and other Acts that 
specifically apply to the project 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 Commission. 
Existing DOE procedures for public participation in power rate 
adjustments (10 CFR part 903) were published on September 18, 1985.

Acronyms and Definitions

    As used in this rate order, the following acronyms and 
definitions apply:
    Administrator: The Administrator of the Western Area Power 
Administration (Western).
    BATO: Balancing Authority and Transmission Operations area. 
Formerly referred to as a Control Area.
    Capacity: The electric capability of a generator, transformer, 
transmission circuit, or other equipment. It is expressed in kW.
    CAP: Central Arizona Project, one of three related water 
development projects that make up the Colorado River Basin Project.
    Commission: Federal Energy Regulatory Commission.
    CROD: Contract rate of delivery. The maximum amount of capacity 
made available to a customer for a period specified under a contract 
or service agreement.
    Customer: An entity with a contract [BF8] or service agreement 
that is receiving service from Western's Desert Southwest Region.
    CY: Calendar year; January 1 through December 31.
    DOE: United States Department of Energy.
    DOE Order RA 6120.2: An order dealing with power marketing 
administration financial reporting and ratemaking procedures.
    Energy: Measured in terms of the work it is capable of doing 
over a period of time. It is expressed in kilowatthours.
    FERC: The Commission (to be used when referencing Commission 
Orders).
    Firm: A type of product and/or service available at the time 
requested by the customer.
    Formula Rates: A rate which is based upon a formula calculated 
yearly.
    FY: Fiscal year; October 1 to September 30.
    kV: Kilovolt--the electrical unit of measure of electric 
potential that equals 1,000 volts.
    kW: Kilowatt--the electrical unit of capacity that equals 1,000 
watts.
    kWmonth: Kilowattmonth--the electrical unit of the monthly 
amount of capacity.
    kWh: Kilowatthour--the electrical unit of energy that equals 
1,000 watts in 1 hour.
    mill: A monetary denomination of the United States that equals 
one tenth of a cent or one thousandth of a dollar.
    NEPA: National Environmental Policy Act of 1969 (42 U.S.C. 4321, 
et seq.).
    NITS: Network Integration Transmission Service.
    Non-firm: A type of product and/or service not always available 
at the time requested by the customer.
    O&M: Operation and Maintenance.
    Power: Capacity and energy.
    Reclamation: United States Department of the Interior, Bureau of 
Reclamation.
    Revenue Requirement: The revenue required to recover annual 
expenses (such as O&M, transmission service expenses, interest, 
deferred expenses) and repayment of Federal investments, and other 
assigned costs.
    SCADA: Supervisory Control and Data Acquisition.
    WALC: Western Area Lower Colorado BATO, operated by Desert 
Southwest Region.
    Western: United States Department of Energy, Western Area Power 
Administration.

Effective Date

    The new interim rates will take effect on the first day of the 
first full billing period beginning on or after January 1, 2006, and 
will remain in effect until December 31, 2010, pending approval by 
the Commission on a final basis.

Public Notice and Comment

    Western followed the Procedures for Public Participation in 
Power and Transmission Rate Adjustments and Extensions, 10 CFR part 
903, in developing these rates. The steps Western took to involve 
interested parties in the rate process were:
    1. On June 22, 2005, Western mailed a notice announcing an 
informal meeting, which was held July 12, 2005. At this informal 
meeting, Western explained the rationale for the rate adjustment, 
presented rate designs and methodologies, and answered questions.
    2. A Federal Register notice published on July 1, 2005 (70 FR 
38130), announced the proposed rates for the Central Arizona 
Project, began a public consultation and comment period, and 
announced the public information and public comment forums.
    3. On July 18, 2005, Western's Desert Southwest Region mailed 
letters to all the Central Arizona Project customers and interested 
parties transmitting the Brochure for Proposed Rates and the Federal 
Register notice published on July 1, 2005.
    4. On July 21, 2005, Western mailed data to the Central Arizona 
Project customers and interested parties, in response to customers' 
data request at the informal customer meeting.
    5. On July 22, 2005, beginning at 10 a.m., Western held a public 
information forum at the Desert Southwest Regional office in 
Phoenix, Arizona. Western provided detailed explanations of the 
proposed rates for CAP, and a list of issues that could affect the 
proposed rates. Western also answered questions, provided rate 
brochures, supporting documentation, and informational handouts.
    6. On August 22, 2005, beginning at 1 p.m., Western held a 
comment forum to give the public an opportunity to comment for the 
record. There were no comments at this forum.
    7. Western received one comment letter during the consultation 
and comment period, which ended September 29, 2005. All formally 
submitted comments have been considered in preparing this Rate 
Order.

Comments

    Written comments were received from the following organizations: 
Central Arizona Water Conservation District.

Project Description

    The CAP was authorized by passage of the Colorado River Basin 
Project Act (Act of September 30, 1968, Pub. L. 90-537, 82 Stat. 
885) for the purposes of furnishing irrigation

[[Page 1535]]

water and municipal water supplies to the water-deficient areas of 
Arizona and western New Mexico through direct diversion or exchange 
of water, conservation and development of fish and wildlife 
resources, enhancement of recreation opportunities, and for other 
purposes.
    The Secretary of the Interior was directed to construct, operate 
and maintain the CAP, consisting of the following principal works: 
(1) A system of main conduits and canals, including a main canal and 
pumping plants for diverting and carrying water; (2) water storage 
facilities and power-pumping plants; (3) aqueducts and pumping 
plants; (4) related canals, regulating facilities, hydroelectric 
power plants, and electrical transmission facilities required for 
the operation of said principal works; (5) related water 
distribution and drainage works; and (6) appurtenant works.
    The Colorado River Basin Project Act also authorized Federal 
participation with non-Federal interests for construction, 
operation, and maintenance of a thermal generating power plant 
(Navajo Generating Station or NGS) whereby the United States 
acquired the rights to plant capacity, including the delivery of 
power and energy over appurtenant transmission facilities to 
mutually agreed upon delivery points, as the Secretary of the 
Interior determines is required to provide pumping power for the 
CAP.
    When not required for the CAP, the NGS power and energy may be 
disposed of by the Secretary of the Interior for other purposes at 
such prices the Secretary determines, including its marketing in 
conjunction with the sale of power and energy from Federal power 
plants in the Colorado River system, so as to produce the greatest 
practicable amount of power and energy that can be sold at firm 
power and energy rates.
    On August 4, 1977, the Department of Energy Organization Act 
(Pub. L. 95-91, 91 Stat. 565; 42 U.S.C. 7101) was signed into law, 
establishing the DOE. Section 302(a)(3) of the Act created Western 
within DOE. Section 302(a)(1)(E) transferred the power marketing 
functions of the Bureau of Reclamation, including the construction, 
operation, and maintenance of transmission lines and attendant 
facilities to the DOE.

Transmission Rate Methodology Study

    Western prepared a transmission rate methodology study to ensure 
that transmission service rates are adequate to recover the costs 
associated with providing transmission service on the CAP 115/230-kV 
transmission system. The design includes all transmission expenses 
and associated offsetting revenues.
    Western reviews the CAP rate design each year to determine if 
revenues will be sufficient to repay, within the required time, all 
costs assigned to the Central Arizona Project revenues. Repayment 
criteria are based on law, policies including DOE Order RA 6120.2, 
and authorizing legislation.
    The revised firm transmission rate for CAP firm transmission 
reflects an overall rate decrease of approximately 2.87 percent for 
2006 when compared to the existing CAP firm transmission rate in 
Rate Schedule CAP-FT1.

                          Comparison of Current and Provisional Firm Transmission Rate
----------------------------------------------------------------------------------------------------------------
                                                                      Proposed formula rates
            Type of service              Existing rates 115/230-kV    115/230-kV system 1/1/     Percent change
                                                   system                      2006
----------------------------------------------------------------------------------------------------------------
Firm Transmission Service..............  $9.83/kW/year............  $9.55/kW/year............            (2.87%)
Nonfirm Transmission Service...........  1.12 mills/kWh...........  1.09 mills/kWh...........            (2.87%)
----------------------------------------------------------------------------------------------------------------

    Western's revised rate formula will be used to calculate rates 
annually for all current and future CAP transmission service. The 
current CAP transmission rate formula became effective on January 1, 
2001. The current CAP rate under WAPA Rate Order No. 88 will expire 
December 31, 2005. The revised transmission rate formula is expected 
to be effective January 1, 2006, through December 31, 2010. These 
rate formulas include costs for scheduling, system control, and 
dispatch service.
    The methodology is an annual formula that will divide the 
average annual transmission revenue requirement by the average 
annual transmission reservations to determine the rate for firm 
point-to-point transmission service. The annual transmission revenue 
requirement includes O&M expenses, administrative and general 
expenses, investment costs, and interest expense. This revenue 
requirement is offset by any CAP transmission system revenue 
credits, such as revenue from non-firm or short-term sales, to 
determine the net revenue requirement.

Firm Point-to-Point

    Western seeks approval of the rate design formula to calculate 
the transmission rate to be applied annually. Using this formula, 
the provisional rate for firm CAP transmission service is $9.55 per 
kW-year for 2006, a 2.87-percent decrease from the existing 
transmission rate of $9.83 per kW-year, which became effective 
January 1, 2001. The decrease is due to transmission capacity 
reservations increasing more rapidly than increases in total annual 
costs. The rate formula is calculated annually, using the most 
recent 5-year projections of total expenses and revenues. If needed, 
a revised rate will become effective each January 1. The proposed 
rate formula would be effective January 1, 2006, through December 
31, 2010.
    The cost/kW-year is calculated using the following two-step 
formula:

[GRAPHIC] [TIFF OMITTED] TN10JA06.000

Where:

ARR = Annual Revenue Requirement. The costs associated with 
facilities that support the transfer capability of the CAP 
transmission system, excluding generation facilities. These costs 
include investment costs, interest expense, administrative and 
general expenses, and operation and maintenance expense. The revenue 
requirement for CAP is based on projected average costs for the 
upcoming 5-year rate-setting period.
TRC = Transmission Revenue Credits. The revenues generated by the 
CAP transmission system not related to the revenues from the sale of 
long-term firm transmission.
NARR = Net Annual Transmission Revenue Requirement. The Annual 
Revenue Requirement minus Transmission Revenue Credits.
TSTL = CAP Transmission System Total Load. The sum of the total 
average CAP transmission capacity under long-term reservation, 
including the total network integration loads at system peak for the 
upcoming 5-year rate-setting period.

Nonfirm Point-to-Point

    The proposed rate for nonfirm point-to-point CAP transmission 
service is a mills/kWh rate, based upon the current firm point-to-
point rate and may be discounted. This rate will remain in effect 
for the same period as the firm point-to-point rate and will also be 
reviewed annually. The provisional rate for CAP non-firm 
transmission service is based on the current CAP firm point-to-point 
transmission rate. The provisional rate is expressed in mills/kWh 
and is a maximum of 1.09 mills/kWh for 2006. Transmission 
availability will be posted on Western's OASIS.

Network Integration Transmission Service

    The proposed rate for network transmission is a formula 
calculation based upon the annual transmission revenue requirement. 
There are no changes to the existing network integration 
transmission service formula under Rate Schedule CAP-NITS2.
    NITS allows a transmission customer to integrate, plan, 
economically dispatch, and regulate its network resources to serve 
its native load in a way comparable to how a transmission provider 
uses its own transmission system to service its native load 
customers. The monthly charge methodology for NITS on the CAP 115-kV 
and 230-kV transmission lines is the product of the transmission 
customer's load-ratio share times one-twelfth of the annual 
transmission revenue requirement. The customer's load-ratio share is 
calculated on a rolling 12-month basis. The customer's load-ratio 
share is equal to that customer's hourly load coincident with the 
CAP 115-kV and 230-kV

[[Page 1536]]

transmission lines monthly transmission system peak divided by the 
resultant value of the CAP 115-kV and 230-kV transmission lines 
monthly transmission system peak minus the CAP 115-kV and 230-kV 
transmission lines coincident peak for all firm point-to-point 
transmission service plus the CAP 115-kV and 230-kV transmission 
lines firm point-to-point transmission service reservations.
    The proposed revenue requirement includes the costs for 
scheduling, system control, and dispatch service. The reactive 
supply and voltage control ancillary service must be purchased from 
the WALC BATO. The transmission customer may self-supply the four 
remaining ancillary services or request them from WALC. These four 
ancillary services are regulation and frequency response service, 
energy imbalance service, spinning reserve service, and supplemental 
reserve service. The rates for these ancillary services are set 
forth in Rate Schedules DSW-SD1, DSW-RS1, DSW-EI1, DSW-FR1, DSW-
SPR1, and DSW-SUR1. Western is currently engaged in a public process 
to implement new Rates Schedules for ancillary services, which are 
expected to be effective April 1, 2006.

Certification of Rates

    Western's Administrator certified that the provisional rates for 
CAP transmission service are the lowest possible rates consistent 
with sound business principles. The provisional rates were developed 
following administrative policies and applicable laws.

Basis for Rate Development

    According to Reclamation Law, Western must establish 
transmission rates sufficient to recover operation, maintenance, 
purchased power and interest expenses, and repayment of investment.
    The existing rate for CAP firm transmission under Rate Schedule 
CAP-FT1 expires December 31, 2005. Effective January 1, 2006, Rate 
Schedule CAP-FT1 will be superseded by the new rates in Rate 
Schedule CAP-FT2. The provisional rate for CAP firm point-to-point 
transmission is $9.55 per kW per year.

Statement of Revenue and Related Expenses

    The following table provides a summary of projected revenue and 
expense data for the CAP firm transmission rate through the 5-year 
provisional rate approval period.

                   CAP Firm Transmission.--Comparison of 5-Year Rate Period (FY 2006-FY 2010)
                                          [Total revenues and expenses]
----------------------------------------------------------------------------------------------------------------
                                                         Existing formula   Proposed formula
                                                               rate               rate            Difference
----------------------------------------------------------------------------------------------------------------
Total Revenues........................................        $34,429,675        $40,103,745         $5,674,070
Revenue Distribution
Expenses:
    O&M (including replacements expense)..............          6,417,770         10,864,596          4,446,826
    Purchased Power and Wheeling......................                  0                  0                  0
    Interest..........................................         19,343,148         17,931,221         (1,411,927)
    Other.............................................            345,140          1,813,043          1,467,903
                                                       --------------------
        Total Expenses................................         26,106,058         30,608,860          4,502,802
                                                       ====================
Principal Payments:
    Original Project and Additions....................          8,323,302          9,484,969          1,161,667
    Replacements......................................                  0                  0                  0
                                                       --------------------
        Total Principal Payments......................          8,323,302          9,484,969          1,161,667
                                                       ====================
        Total Revenue Distribution....................         34,429,360         40,093,829          5,664,469
----------------------------------------------------------------------------------------------------------------

    The cost data reflects an increase in total costs when comparing 
the existing rates to the proposed rates. The increases in total 
costs, however, are outpaced by increases in total transmission 
reservations, resulting in a proposed rate decrease of 2.87 percent 
effective January 1, 2006.

Comments

    The comments and responses regarding the firm transmission rate, 
paraphrased for brevity when not affecting the meaning of the 
statement(s), are discussed below. Direct quotes from comment 
letters are used for clarification where necessary. The rate process 
issues discussed are, (1) Central Arizona Water Conservation 
District (CAWCD) O&M costs, (2) Western expenses to the CAP 
transmission system, and (3) capital additions and replacements.

1. CAWCD O&M Costs

    Comment: The CAWCD representative strongly supports including 
the costs identified during the public process. However, there are 
other CAP transmission system O&M costs incurred by CAWCD, in 
addition to the McCullough O&M charge, which are not reflected in 
Western's rate review.
    Response: Western has committed to continue to work with CAWCD 
to ensure that costs appropriately attributed to the CAP 115/230-kV 
transmission system will be included in the rate calculation. O&M 
expenses incurred by CAWCD to aid in maintaining the Federal 
transmission system are appropriately included in the transmission 
rate. Costs will be reviewed annually as part of the annual review 
to determine adequacy of the transmission rate.

2. Western Expenses to the CAP Transmission System

    Comment: The CAWCD representative indicated the CAP transmission 
line miles and SCADA point values that are used to allocate costs 
for transmission system studies (``STUDM'' costs) and costs for 
assets providing benefit to multiple power systems (``RENTM'' 
costs), respectively, are too high and should be adjusted.
    Response: Western has responded to CAWCD's review of the 
allocation practices and stated that adjustments will be made where 
appropriate in FY 2006. Any resulting increase or decrease in the 
revenue requirement which results in an over or under collection 
will be accounted for in the subsequent year.

3. Capital Additions and Replacements in Rate

    Comment: The CAWCD representative indicated that Western's July 
2005 rate adjustment brochure states that no capital additions or 
replacements are projected for FY 2006 through FY 2010. The customer 
believes the brochure statement to be untrue, and anticipates annual 
costs for capital additions or replacements in FY 2007 and beyond to 
average at least $500,000. Those costs should be included in the CAP 
transmission rate methodology. CAWCD encourages Western to modify 
the proposed CAP transmission rate to be charged for CY 2006 to 
include projections for new capital investments.
    Response: Western is working with CAWCD and the Bureau of 
Reclamation to ensure appropriate amortization costs for capitalized 
replacements or additions are included in the rate calculation. 
Based on reviews of available data, Western has included an estimate 
of $625,000 in replacements for the rate to be charged in CY 2006. 
In the event capitalized replacements or additions are added to 
plant-in-service in a given year, and the amortization costs 
(principal and interest) were not included in

[[Page 1537]]

the rate calculation, they will be included in the subsequent year.

Availability of Information

    Information about this rate adjustment, including power 
repayment studies, comments, letters, memorandums, and other 
supporting material made or kept by Western to develop the 
provisional rates, is available for public review in the Desert 
Southwest Customer Service Region, Western Area Power 
Administration, 615 South 43rd Avenue, Phoenix, Arizona.

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. 
Western has determined that 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 NEPA of 1969 (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 that 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.

Submission to the Federal Energy Regulatory Commission

    The interim rates herein confirmed, approved, and placed into 
effect, together with supporting documents, will be submitted to the 
Commission for confirmation and final approval.

Order

    In view of the foregoing and under the authority delegated to 
me, I confirm and approve on an interim basis, effective January 1, 
2006, Rate Schedules CAP-FT2, CAP-NFT2, and CAP-NITS2 for the 
Central Arizona Project of the Western Area Power Administration. 
The rate schedules shall remain in effect on an interim basis, 
pending the Commission's confirmation and approval of them or 
substitute rates on a final basis through December 31, 2010.

    Dated: December 23, 2005.
Clay Sell,
Deputy Secretary.

Rate Schedule CAP-FT2
Supersedes Rate Schedule CAP-FT1

United States Department of Energy Western Area Power Administration

Central Arizona Project

Schedule of Rate(s) for Firm Point-to-Point CAP 115-kv/230-kv 
Transmission Service

    Effective: The first day of the first full billing period 
beginning on or after January 1, 2006, through December 31, 2010.
    Available: In the area served by the Central Arizona Project 
(CAP) 115-kV/230-kV transmission system.
    Applicable: The transmission service customers shall compensate 
the CAP where firm capacity and energy are supplied to the CAP 115-
kV/230-kV transmission system at points of interconnection with 
other systems and transmitted and delivered, less losses, to points 
of delivery on the CAP 115-kV/230-kV system specified in the 
contract or service agreement. The formula for the annual revenue 
requirement used to calculate the charges for this firm service 
under this schedule was promulgated and may be modified pursuant to 
applicable Federal laws, regulations, and policies.
    The Desert Southwest Region may modify the charges for firm 
point-to-point transmission service upon written notice to the 
transmission customer. Any change to the charges to the transmission 
customer for firm point-to-point transmission, shall be as set forth 
in a revision to this rate schedule promulgated pursuant to 
applicable Federal laws, regulations, and policies and made part of 
the applicable service contract or service agreement. DSW shall 
charge the transmission customer in accordance with the revenue 
requirements then in effect.
    Character and Conditions of Service: Alternating current at 60 
Hertz, three-phase, delivered and metered at the voltages and points 
of delivery established by contract or service agreement over the 
CAP 115-kV/230-kV transmission system.

Formula Rate for Firm Point-to-Point Transmission Service

Annual Rate = 5-Year Average Annual Revenue Requirement divided by 
the 5-Year Average Contract Rate of Delivery, rounded to the nearest 
penny.
Monthly Rate = Annual Rate divided by 12, rounded to the nearest 
penny.

Calculated Rates

    For 2006, the annual firm rate calculates to $9.55 per kW year, 
and the monthly firm rate calculates to $0.80 per kW month. Based on 
updated financial and load data, recalculated rates will go into 
effect on January 1 of each year during the effective rate schedule 
period.

Adjustments

    For Reactive Power: There shall be no entitlement to transfer of 
reactive kilovolt amperes at delivery points, except when such 
transfers may be mutually agreed upon by contractor and contracting 
officer or their authorized representatives.
    For Losses: Capacity and energy losses incurred in connection 
with the transmission and delivery of capacity and energy under this 
rate schedule shall be supplied by the customer in accordance with 
the contract or service agreement.
    Billing for Unauthorized Overruns: For each billing period in 
which there is a contract violation involving an unauthorized 
overrun of the contractual firm transmission obligations, such 
overrun shall be billed at 10 times the above rates.

Rate Schedule CAP-NFT2
Supersede Rate Schedule CAP-NFT1

United States Department of Energy Western Area Power Administration

Central Arizona Project

Schedule of Rate(s) for Nonfirm Point-to-Point CAP 115-kV/230-kV 
Transmission Service

    Effective: The first day of the first full billing period 
beginning on or after January 1, 2006, through December 31, 2010.
    Available: In the marketing area served by the Central Arizona 
Project 115-kV/230-kV transmission system.
    Applicable: The transmission service customer shall compensate 
the Central Arizona Project (CAP) for nonfirm point-to-point 
transmission service where capacity and energy are supplied to the 
CAP 115-kV/230-kV transmission system at points of interconnection 
with other systems, transmitted subject to the availability of the 
transmission capacity, and delivered less losses, to points of 
delivery on the CAP 115-kV/230-kV system specified in the contract 
or service agreement.
    Character and Conditions of Service: Alternating current at 60 
Hertz, three-phase, delivered and metered at the voltages and points 
of delivery established by contract or service agreement over the 
CAP 115-kV/230-kV transmission system.

Formula Rate for Nonfirm Point-to-Point Transmission Service

    Nonfirm Point-To-Point Transmission Service Rate: Each 
Contractor shall be billed monthly a mills per kilowatthour rate of 
scheduled or delivered kilowatthours at point of delivery, 
established by contract, payable monthly. This rate is equal to the 
CAP 115-kV/230-kV Firm Transmission dollar per kilowattyear rate 
then in effect divided by 8760, multiplied by 1,000, rounded to two 
decimal places.

Calculated Rate

    For 2006, the nonfirm rate calculates to 1.09 mills/kWh. Based 
on updated financial and load data, a recalculated rate will go into 
effect on January 1 of each year during the effective rate schedule 
period.

Adjustments

    For Reactive Power: There shall be no entitlement to transfer of 
reactive kilovolt amperes at delivery points, except when such 
transfers may be mutually agreed upon by contractor and contracting 
officer or their authorized representatives.

[[Page 1538]]

    For Losses: Capacity and energy losses incurred in connection 
with the transmission and delivery of capacity and energy under this 
rate schedule shall be supplied by the customer in accordance with 
the contract or service agreement.

Rate Schedule CAP-NITS2
Supersedes Rate Schedule CAP-NITS1

United States Department of Energy Western Area Power Administration

Central Arizona Project

Schedule of Rate(s) for Network Integration Transmission Service

    Effective: The first day of the first full billing period 
beginning on or after January 1, 2006, through December 31, 2010.
    Applicable: The transmission customer shall compensate the CAP 
each month for Network Integration Transmission Service (NITS) 
pursuant to the applicable Network Integration Transmission Service 
Agreement and annual revenue requirement referred to below. The 
formula for the annual revenue requirement used to calculate the 
charges for this service under this schedule was promulgated and may 
be modified pursuant to applicable Federal laws, regulations, and 
policies.
    The Desert Southwest Region (DSW) may modify the charges for 
NITS upon written notice to the transmission customer. DSW shall 
charge the transmission customer in accordance with the revenue 
requirement then in effect.

Formula Rate

Monthly Charge = Transmission Customer's Load-Ratio Share x (Revenue 
Requirement/12)

Calculated Rate

    The NITS rate is calculated using a projected annual revenue 
requirement. Based on updated financial and load data, a 
recalculated revenue requirement will go into effect on January 1 of 
each year during the effective rate schedule period.

[FR Doc. E6-110 Filed 1-9-06; 8:45 am]
BILLING CODE 6450-01-P
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