United States Department of Energy-Bonneville Power Administration; Order Approving Rates on an Interim Basis and Providing Opportunity for Additional Comments, 56510-56512 [E6-15798]
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56510
Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Notices
Lowe’s L’Enfant Plaza
Hotel, 480 L’Enfant Plaza, SW.,
Lafayette Room, Washington, DC 20024.
ADDRESSES:
Rick
Klimkos, Designated Federal Officer,
Office of Federal Energy Management
Programs, U.S. Department of Energy,
1000 Independence Avenue, SW.,
Washington, DC 20585; (202) 586–8287.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
rwilkins on PROD1PC63 with NOTICES
Purpose of the Meeting: To seek input
and feedback from interested parties on
working group recommendations to
meet mandated Federal energy
management goals.
Tentative Agenda: Agenda will
include discussions on the following
topics:
Æ Update on FEMAC working group
activities;
Æ Discussion on FEMAC priorities;
Æ Open public discussion.
Public Participation: In keeping with
procedures, members of the public are
welcome to observe the business of the
Federal Energy Management Advisory
Committee. If you would like to file a
written statement with the committee,
you may do so either before or after the
meeting. If you would like to make oral
statements regarding any of these items
on the agenda, you should contact Rick
Klimkos at (202) 586–8287 or
rick.klimkos@ee.doe.gov (e-mail). You
must make your request for an oral
statement at least 5 business days before
the meeting. Members of the public will
be heard in the order in which they sign
up at the beginning of the meeting.
Reasonable provision will be made to
include the scheduled oral statements
on the agenda. The chair of the
committee will make every effort to hear
the views of all interested parties. The
chair will conduct the meeting to
facilitate the orderly conduct of
business.
Minutes: The minutes of the meeting
will be available for public review and
copying within 60 days at the Freedom
of Information Public Reading Room;
Room 1E–190; Forrestal Building; 1000
Independence Avenue, SW.,
Washington, DC, between 9 a.m. and 4
p.m., Monday through Friday, except
Federal holidays.
Issued at Washington, DC on September
21, 2006.
Rachel Samuel,
Deputy Committee Management Officer.
[FR Doc. E6–15830 Filed 9–26–06; 8:45 am]
BILLING CODE 6450–01–P
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Comment Date: 5 p.m. Eastern Time
on October 5, 2006.
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Magalie R. Salas,
Secretary.
[FR Doc. E6–15806 Filed 9–26–06; 8:45 am]
[Docket Nos. EL05–74–003]
American Electric Power Service
Corporation, Behalf of: Appalachian
Power Company, Columbus Southern
Power Company, Indiana Michigan
Power Company, Kentucky Power
Company, Kingsport Power Company,
Ohio Power Company, Wheeling Power
Company, Commonwealth Edison
Company, and Commonwealth Edison
Company of Indiana, Inc., Dayton
Power and Light Company; Notice of
Compliance Filing
September 20, 2006.
Take notice on September 14, 2006,
PJM Interconnection filed a refund
report, showing refunds that were
implemented in its June billings to its
members and settled on July 20, 2006,
pursuant to the Commission’s order
issued May 30, 2006.
Any person desiring to intervene or to
protest this filing must file in
accordance with Rules 211 and 214 of
the Commission’s Rules of Practice and
Procedure (18 CFR 385.211, 385.214).
Protests will be considered by the
Commission in determining the
appropriate action to be taken, but will
not serve to make protestants parties to
the proceeding. Any person wishing to
become a party must file a notice of
intervention or motion to intervene, as
appropriate. Such notices, motions, or
protests must be filed on or before the
comment date. Anyone filing a motion
to intervene or protest must serve a copy
of that document on the Applicant and
all the parties in this proceeding.
The Commission encourages
electronic submission of protests and
interventions in lieu of paper using the
‘‘eFiling’’ link at https://www.ferc.gov.
Persons unable to file electronically
should submit an original and 14 copies
of the protest or intervention to the
Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC
20426.
This filing is accessible on-line at
https://www.ferc.gov, using the
‘‘eLibrary’’ link and is available for
review in the Commission’s Public
Reference Room in Washington, DC.
There is an ‘‘eSubscription’’ link on the
Web site that enables subscribers to
receive e-mail notification when a
document is added to a subscribed
docket(s). For assistance with any FERC
Online service, please e-mail
FERCOnlineSupport@ferc.gov, or call
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
PO 00000
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BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. EF06–2011–000]
United States Department of Energy—
Bonneville Power Administration;
Order Approving Rates on an Interim
Basis and Providing Opportunity for
Additional Comments
Issued September 21, 2006.
Before Commissioners: Joseph T. Kelliher,
Chairman; Suedeen G. Kelly, Marc Spitzer,
Philip D. Moeller, and Jon Wellinghoff.
1. In this order, we approve the
Bonneville Power Administration’s
(Bonneville) proposed wholesale power
rates 1 on an interim basis, pending our
full review for final approval. We also
provide an additional period of time for
parties to file comments. The proposed
wholesale power rates are intended to
allow Bonneville to recover its costs and
repay the Federal investment in the
Federal Columbia River Power System.
Background
2. On July 28, 2006, Bonneville filed
a request for interim and final approval
of its wholesale power rates in
accordance with the Pacific Northwest
Electric Power Planning and
Conservation Act (Northwest Power
Act) 2 and subpart B of part 300 of the
Commission’s regulations.3
Interventions and Comments
3. Notice of Bonneville’s July 28, 2006
wholesale power rates filing was
published in the Federal Register, 71 FR
45,801 (2006), with protests or
interventions due on or before August
28, 2006. Avista Corporation, Portland
General Electric Company, Idaho Power
Company, PacifiCorp, Puget Sound
Energy, Inc., Northwest Requirements
1 The proposed wholesale power rates for which
Bonneville seeks approval for the period October 1,
2006 through September 30, 2009, include: PF–07
Priority Firm Power Rate, NR–07 New Resource
Firm Power Rate, IP–07 Industrial Firm Power Rate,
FPS–07 Firm Power Products and Services Energy
Rate, and GTA General Transfer Agreement
Delivery Charge in addition to related General Rates
Schedule Provisions (GRSPs).
2 16 U.S.C. 839e(a)(2), 839e(i)(6) (2000).
3 18 CFR part 300 (2006).
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Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Notices
Utilities,4 and the Industrial Customers
of Northwest Utilities filed timely
motions to intervene, raising no
substantive issues.
4. In addition, the Columbia River
Inter-Tribal Fish Commission, the Nez
Perce Tribe, and the Yakama Nation
(collectively, Tribes), LS Power
Associates, LLC (LS Power), and PPM
Energy, Inc., Northwest Independent
Power Producers Coalition, TransAlta
Centralia Generation, LLC, and Calpine
Corporation (collectively, Generators)
filed timely motions to intervene and
protests. Bonneville filed an answer in
response to Generators protest.
Additionally, Bonneville filed an
answer in opposition to LS Power’s
intervention and protest.
Discussion
Procedural Matters
5. Pursuant to Rule 214 of the
Commission’s Rules of Practice and
Procedure, 18 CFR 385.214 (2006), the
timely, unopposed motions to intervene
serve to make the entities that filed
them parties to this proceeding.
Notwithstanding Bonneville’s
opposition, we will grant LS Power’s
motion to intervene given its interest in
this proceeding, the early stage of this
proceeding, and the absence of undue
prejudice or delay.
rwilkins on PROD1PC63 with NOTICES
Standard of Review
6. Under the Northwest Power Act,
the Commission’s review of
Bonneville’s regional power and
transmission rates is limited to
determining whether Bonneville’s
proposed rates meet the three specific
requirements of section 7(a)(2) of the
Northwest Power Act: 5
(A) They must be sufficient to assure
repayment of the Federal investment in
the Federal Columbia River Power
System over a reasonable number of
years after first meeting Bonneville’s
other costs;
(B) They must be based upon
Bonneville’s total system costs; and
(C) Insofar as transmission rates are
concerned, they must equitably allocate
the costs of the Federal transmission
system between Federal and nonFederal power.
7. Commission review of Bonneville’s
non-regional, non-firm rates also is
limited. Review is restricted to
determining whether such rates meet
the requirements of section 7(k) of the
4 They are comprised of various municipalities,
public utility districts, cooperatives, etc., and they
seek to intervene jointly and also individually.
5 16 U.S.C. 839e(a)(2) (2000). Bonneville also
must comply with the financial, accounting, and
ratemaking requirements in Department of Energy
Order No. RA 6120.2.
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16:48 Sep 26, 2006
Jkt 208001
Northwest Power Act,6 which requires
that they comply with the Bonneville
Project Act, the Flood Control Act of
1944, and the Federal Columbia River
Transmission System Act (Transmission
System Act). Taken together, those
statutes require Bonneville to design its
non-regional, non-firm rates:
(A) To recover the cost of generation
and transmission of such electric
energy, including the amortization of
investments in the power projects
within a reasonable period;
(B) To encourage the most widespread
use of Bonneville power; and
(C) To provide the lowest possible
rates to consumers consistent with
sound business principles.
8. Unlike the Commission’s statutory
authority under the Federal Power Act,
the Commission’s authority under
sections 7(a) and 7(k) of the Northwest
Power Act does not include the power
to modify the rates. The responsibility
for developing rates in the first instance
is vested with Bonneville’s
Administrator. The rates are then
submitted to the Commission for
approval or disapproval. In this regard,
the Commission’s role can be viewed as
an appellate one: To affirm or remand
the rates submitted to it for review.7
9. Moreover, review at this interim
stage is further limited. In view of the
volume and complexity of a Bonneville
rate application, such as the one now
before the Commission in this filing,
and the limited period in advance of the
requested effective date in which to
review the application,8 the
Commission generally defers resolution
of issues on the merits of Bonneville’s
application until the order on final
confirmation. Thus, the proposed rates,
if not patently deficient, generally are
approved on an interim basis and the
parties are afforded an additional
opportunity in which to raise issues
with regard to Bonneville’s filing.9
Interim Approval
10. The Tribes argue that Bonneville’s
proposed rates are not sufficient to
assure repayment of the Federal
investment in the Federal Columbia
River Power System, particularly given
Bonneville’s fish and wildlife
6 16
U.S.C. 839e(k) (2000).
United States Department of Energy—
Bonneville Power Administration, 67 FERC
¶ 61,351 at 62,216–17 (1994); see also, e.g.,
Aluminum Co. of America v. Bonneville Power
Administration, 903 F.2d 585, 592–93 (9th Cir.
1989).
8 See 18 CFR § 300.10(a)(3)(ii) (2006).
9 See, e.g., United States Department of Energy—
Bonneville Power Administration, 64 FERC
¶ 61,375 at 63,606 (1993); United States Department
of Energy—Bonneville Power Administration, 40
FERC ¶ 61,351 at 62,059–60 (1987).
7 E.g.,
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56511
obligations. Generators and LS Power
challenge Bonneville’s plan to deny
compensation to unaffiliated generators
within its control area for generationsupplied reactive power service as
unduly discriminatory and in violation
of Commission policy.
11. The Commission declines at this
time to grant final confirmation and
approval of Bonneville’s proposed
wholesale power rates. The
Commission’s preliminary review
nevertheless indicates that Bonneville’s
wholesale power rates filing appears to
meet the statutory standards and the
minimum threshold filing requirements
of part 300 of the Commission’s
regulations.10 Moreover, the
Commission’s preliminary review of
Bonneville’s submittal indicates that it
does not contain any patent
deficiencies. The proposed rates
therefore will be approved on an interim
basis pending our full review for final
approval. We note, as well, that no one
will be harmed by this decision because
interim approval allows Bonneville’s
rates to go into effect subject to refund
with interest; the Commission may
order refunds with interest if the
Commission later determines in its final
decision not to approve the rates.11
12. In addition, we will provide an
additional period of time for parties to
file comments and reply comments on
issues related to final confirmation and
approval of Bonneville’s proposed rates.
This will ensure that the record in this
proceeding is complete and fully
developed.
The Commission orders:
(A) Interim approval of Bonneville’s
proposed wholesale power rates is
hereby granted, to become effective on
October 1, 2006, subject to refund with
interest as set forth in section 300.20(c)
of the Commission’s regulations, 18 CFR
§ 300.20(c) (2006), pending final action
and either their approval or disapproval.
(B) Within thirty (30) days of the date
of this order, parties who wish to do so
may file additional comments regarding
final confirmation and approval of
Bonneville’s proposed rates. Parties who
wish to do so may file reply comments
within twenty (20) days thereafter.
(C) The Secretary shall promptly
publish this order in the Federal
Register.
10 See, e.g., United States Department of Energy—
Bonneville Power Administration, 105 FERC
¶ 61,006 at P13–14 (2003); United States
Department of Energy—Bonneville Power
Administration, 96 FERC ¶ 61,360 at 62,358 (2001).
11 18 CFR 300.20(c) (2006).
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56512
Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Notices
By the Commission.
Magalie R. Salas,
Secretary.
[FR Doc. E6–15798 Filed 9–26–06; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. RP06–596–000]
Columbia Gulf Transmission
Company; Notice of Proposed
Changes in FERC Gas Tariff
rwilkins on PROD1PC63 with NOTICES
September 21, 2006.
Take notice that on September 19,
2006, Columbia Gulf Transmission
Company (Columbia Gulf) tendered for
filing as part of its FERC Gas Tariff,
Second Revised Volume No. 1, the tariff
sheets listed on Appendix A to the
filing, bearing a proposed effective date
of October 19, 2006.
Columbia Gulf states that it is making
this filing to incorporate the policies
stated in the Commission’s June 16,
2005, Policy Statement on
Creditworthiness Issues for Interstate
Natural Gas Pipelines and Order
Withdrawing Rulemaking Proceeding in
Docket Nos. PL05–8–000 and RM04–4–
000.
Columbia Gulf states that copies of
the filing have been mailed to all firm
customers, interruptible customers, and
affected state commissions.
Any person desiring to intervene or to
protest this filing must file in
accordance with Rules 211 and 214 of
the Commission’s Rules of Practice and
Procedure (18 CFR 385.211 and
385.214). Protests will be considered by
the Commission in determining the
appropriate action to be taken, but will
not serve to make protestants parties to
the proceeding. Any person wishing to
become a party must file a notice of
intervention or motion to intervene, as
appropriate. Such notices, motions, or
protests must be filed in accordance
with the provisions of section 154.210
of the Commission’s regulations (18 CFR
154.210). Anyone filing an intervention
or protest must serve a copy of that
document on the Applicant. Anyone
filing an intervention or protest on or
before the intervention or protest date
need not serve motions to intervene or
protests on persons other than the
Applicant.
The Commission encourages
electronic submission of protests and
interventions in lieu of paper using the
‘‘eFiling’’ link at https://www.ferc.gov.
Persons unable to file electronically
should submit an original and 14 copies
VerDate Aug<31>2005
16:48 Sep 26, 2006
Jkt 208001
of the protest or intervention to the
Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC
20426.
This filing is accessible on-line at
https://www.ferc.gov, using the
‘‘eLibrary’’ link and is available for
review in the Commission’s Public
Reference Room in Washington, DC.
There is an ‘‘eSubscription’’ link on the
Web site that enables subscribers to
receive e-mail notification when a
document is added to a subscribed
docket(s). For assistance with any FERC
Online service, please e-mail
FERCOnlineSupport@ferc.gov, or call
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
Magalie R. Salas,
Secretary.
[FR Doc. E6–15814 Filed 9–26–06; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Magalie R. Salas,
Secretary.
[FR Doc. E6–15813 Filed 9–26–06; 8:45 am]
[Docket No. RP06–595–000]
Discovery Gas Transmission LLC;
Notice of Proposed Changes in FERC
Gas Tariff
September 21, 2006.
Take notice that on September 15,
2006, Discovery Gas Transmission LLC
(Discovery) tendered for filing as part of
its FERC Gas Tariff, Original Volume
No. 1, the following tariff sheets to
become effective October 15, 2006:
First Revised Sheet No. 22.
Original Sheet No. 23.
Sixth Revised Sheet No. 108.
First Revised Sheet No. 199.
Original Sheet No. 199A.
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BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. RP06–597–000]
Eastern Shore Natural Gas Company;
Notice of Proposed Changes in FERC
Gas Tariff
September 21, 2006.
Any person desiring to intervene or to
protest this filing must file in
accordance with Rules 211 and 214 of
the Commission’s Rules of Practice and
Procedure (18 CFR 385.211 and
385.214). Protests will be considered by
the Commission in determining the
appropriate action to be taken, but will
not serve to make protestants parties to
the proceeding. Any person wishing to
become a party must file a notice of
intervention or motion to intervene, as
appropriate. Such notices, motions, or
protests must be filed in accordance
with the provisions of section 154.210
of the Commission’s regulations (18 CFR
154.210). Anyone filing an intervention
or protest must serve a copy of that
document on the Applicant. Anyone
filing an intervention or protest on or
before the intervention or protest date
need not serve motions to intervene or
PO 00000
protests on persons other than the
Applicant.
The Commission encourages
electronic submission of protests and
interventions in lieu of paper using the
‘‘eFiling’’ link at https://www.ferc.gov.
Persons unable to file electronically
should submit an original and 14 copies
of the protest or intervention to the
Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC
20426.
This filing is accessible on-line at
https://www.ferc.gov, using the
‘‘eLibrary’’ link and is available for
review in the Commission’s Public
Reference Room in Washington, DC.
There is an ‘‘eSubscription’’ link on the
Web site that enables subscribers to
receive e-mail notification when a
document is added to a subscribed
docket(s). For assistance with any FERC
Online service, please e-mail
FERCOnlineSupport@ferc.gov, or call
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
Take notice that on September 19,
2006 Eastern Shore Natural Gas
Company (Eastern Shore) tendered for
filing its Annual Charge Adjustment
(ACA) filing proposed to be effective
October 1, 2006.
Eastern Shore states that copies of its
filing have been mailed to its customers
and interested State Commissions.
Any person desiring to intervene or to
protest this filing must file in
accordance with Rules 211 and 214 of
the Commission’s Rules of Practice and
Procedure (18 CFR 385.211 and
385.214). Protests will be considered by
the Commission in determining the
appropriate action to be taken, but will
not serve to make protestants parties to
the proceeding. Any person wishing to
become a party must file a notice of
intervention or motion to intervene, as
appropriate. Such notices, motions, or
protests must be filed in accordance
with the provisions of section 154.210
of the Commission’s regulations (18 CFR
E:\FR\FM\27SEN1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 187 (Wednesday, September 27, 2006)]
[Notices]
[Pages 56510-56512]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-15798]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. EF06-2011-000]
United States Department of Energy--Bonneville Power
Administration; Order Approving Rates on an Interim Basis and Providing
Opportunity for Additional Comments
Issued September 21, 2006.
Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G.
Kelly, Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff.
1. In this order, we approve the Bonneville Power Administration's
(Bonneville) proposed wholesale power rates \1\ on an interim basis,
pending our full review for final approval. We also provide an
additional period of time for parties to file comments. The proposed
wholesale power rates are intended to allow Bonneville to recover its
costs and repay the Federal investment in the Federal Columbia River
Power System.
Background
2. On July 28, 2006, Bonneville filed a request for interim and
final approval of its wholesale power rates in accordance with the
Pacific Northwest Electric Power Planning and Conservation Act
(Northwest Power Act) \2\ and subpart B of part 300 of the Commission's
regulations.\3\
Interventions and Comments
3. Notice of Bonneville's July 28, 2006 wholesale power rates
filing was published in the Federal Register, 71 FR 45,801 (2006), with
protests or interventions due on or before August 28, 2006. Avista
Corporation, Portland General Electric Company, Idaho Power Company,
PacifiCorp, Puget Sound Energy, Inc., Northwest Requirements
[[Page 56511]]
Utilities,\4\ and the Industrial Customers of Northwest Utilities filed
timely motions to intervene, raising no substantive issues.
4. In addition, the Columbia River Inter-Tribal Fish Commission,
the Nez Perce Tribe, and the Yakama Nation (collectively, Tribes), LS
Power Associates, LLC (LS Power), and PPM Energy, Inc., Northwest
Independent Power Producers Coalition, TransAlta Centralia Generation,
LLC, and Calpine Corporation (collectively, Generators) filed timely
motions to intervene and protests. Bonneville filed an answer in
response to Generators protest. Additionally, Bonneville filed an
answer in opposition to LS Power's intervention and protest.
Discussion
Procedural Matters
---------------------------------------------------------------------------
\1\ The proposed wholesale power rates for which Bonneville
seeks approval for the period October 1, 2006 through September 30,
2009, include: PF-07 Priority Firm Power Rate, NR-07 New Resource
Firm Power Rate, IP-07 Industrial Firm Power Rate, FPS-07 Firm Power
Products and Services Energy Rate, and GTA General Transfer
Agreement Delivery Charge in addition to related General Rates
Schedule Provisions (GRSPs).
\2\ 16 U.S.C. 839e(a)(2), 839e(i)(6) (2000).
\3\ 18 CFR part 300 (2006).
\4\ They are comprised of various municipalities, public utility
districts, cooperatives, etc., and they seek to intervene jointly
and also individually.
---------------------------------------------------------------------------
5. Pursuant to Rule 214 of the Commission's Rules of Practice and
Procedure, 18 CFR 385.214 (2006), the timely, unopposed motions to
intervene serve to make the entities that filed them parties to this
proceeding. Notwithstanding Bonneville's opposition, we will grant LS
Power's motion to intervene given its interest in this proceeding, the
early stage of this proceeding, and the absence of undue prejudice or
delay.
Standard of Review
6. Under the Northwest Power Act, the Commission's review of
Bonneville's regional power and transmission rates is limited to
determining whether Bonneville's proposed rates meet the three specific
requirements of section 7(a)(2) of the Northwest Power Act: \5\
---------------------------------------------------------------------------
\5\ 16 U.S.C. 839e(a)(2) (2000). Bonneville also must comply
with the financial, accounting, and ratemaking requirements in
Department of Energy Order No. RA 6120.2.
---------------------------------------------------------------------------
(A) They must be sufficient to assure repayment of the Federal
investment in the Federal Columbia River Power System over a reasonable
number of years after first meeting Bonneville's other costs;
(B) They must be based upon Bonneville's total system costs; and
(C) Insofar as transmission rates are concerned, they must
equitably allocate the costs of the Federal transmission system between
Federal and non-Federal power.
7. Commission review of Bonneville's non-regional, non-firm rates
also is limited. Review is restricted to determining whether such rates
meet the requirements of section 7(k) of the Northwest Power Act,\6\
which requires that they comply with the Bonneville Project Act, the
Flood Control Act of 1944, and the Federal Columbia River Transmission
System Act (Transmission System Act). Taken together, those statutes
require Bonneville to design its non-regional, non-firm rates:
---------------------------------------------------------------------------
\6\ 16 U.S.C. 839e(k) (2000).
---------------------------------------------------------------------------
(A) To recover the cost of generation and transmission of such
electric energy, including the amortization of investments in the power
projects within a reasonable period;
(B) To encourage the most widespread use of Bonneville power; and
(C) To provide the lowest possible rates to consumers consistent
with sound business principles.
8. Unlike the Commission's statutory authority under the Federal
Power Act, the Commission's authority under sections 7(a) and 7(k) of
the Northwest Power Act does not include the power to modify the rates.
The responsibility for developing rates in the first instance is vested
with Bonneville's Administrator. The rates are then submitted to the
Commission for approval or disapproval. In this regard, the
Commission's role can be viewed as an appellate one: To affirm or
remand the rates submitted to it for review.\7\
---------------------------------------------------------------------------
\7\ E.g., United States Department of Energy--Bonneville Power
Administration, 67 FERC ] 61,351 at 62,216-17 (1994); see also,
e.g., Aluminum Co. of America v. Bonneville Power Administration,
903 F.2d 585, 592-93 (9th Cir. 1989).
---------------------------------------------------------------------------
9. Moreover, review at this interim stage is further limited. In
view of the volume and complexity of a Bonneville rate application,
such as the one now before the Commission in this filing, and the
limited period in advance of the requested effective date in which to
review the application,\8\ the Commission generally defers resolution
of issues on the merits of Bonneville's application until the order on
final confirmation. Thus, the proposed rates, if not patently
deficient, generally are approved on an interim basis and the parties
are afforded an additional opportunity in which to raise issues with
regard to Bonneville's filing.\9\
---------------------------------------------------------------------------
\8\ See 18 CFR Sec. 300.10(a)(3)(ii) (2006).
\9\ See, e.g., United States Department of Energy--Bonneville
Power Administration, 64 FERC ] 61,375 at 63,606 (1993); United
States Department of Energy--Bonneville Power Administration, 40
FERC ] 61,351 at 62,059-60 (1987).
---------------------------------------------------------------------------
Interim Approval
10. The Tribes argue that Bonneville's proposed rates are not
sufficient to assure repayment of the Federal investment in the Federal
Columbia River Power System, particularly given Bonneville's fish and
wildlife obligations. Generators and LS Power challenge Bonneville's
plan to deny compensation to unaffiliated generators within its control
area for generation-supplied reactive power service as unduly
discriminatory and in violation of Commission policy.
11. The Commission declines at this time to grant final
confirmation and approval of Bonneville's proposed wholesale power
rates. The Commission's preliminary review nevertheless indicates that
Bonneville's wholesale power rates filing appears to meet the statutory
standards and the minimum threshold filing requirements of part 300 of
the Commission's regulations.\10\ Moreover, the Commission's
preliminary review of Bonneville's submittal indicates that it does not
contain any patent deficiencies. The proposed rates therefore will be
approved on an interim basis pending our full review for final
approval. We note, as well, that no one will be harmed by this decision
because interim approval allows Bonneville's rates to go into effect
subject to refund with interest; the Commission may order refunds with
interest if the Commission later determines in its final decision not
to approve the rates.\11\
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\10\ See, e.g., United States Department of Energy--Bonneville
Power Administration, 105 FERC ] 61,006 at P13-14 (2003); United
States Department of Energy--Bonneville Power Administration, 96
FERC ] 61,360 at 62,358 (2001).
\11\ 18 CFR 300.20(c) (2006).
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12. In addition, we will provide an additional period of time for
parties to file comments and reply comments on issues related to final
confirmation and approval of Bonneville's proposed rates. This will
ensure that the record in this proceeding is complete and fully
developed.
The Commission orders:
(A) Interim approval of Bonneville's proposed wholesale power rates
is hereby granted, to become effective on October 1, 2006, subject to
refund with interest as set forth in section 300.20(c) of the
Commission's regulations, 18 CFR Sec. 300.20(c) (2006), pending final
action and either their approval or disapproval.
(B) Within thirty (30) days of the date of this order, parties who
wish to do so may file additional comments regarding final confirmation
and approval of Bonneville's proposed rates. Parties who wish to do so
may file reply comments within twenty (20) days thereafter.
(C) The Secretary shall promptly publish this order in the Federal
Register.
[[Page 56512]]
By the Commission.
Magalie R. Salas,
Secretary.
[FR Doc. E6-15798 Filed 9-26-06; 8:45 am]
BILLING CODE 6717-01-P
