United States Department of Energy-Bonneville Power Administration; Order Approving Rates on an Interim Basis and Providing Opportunity for Additional Comments, 54646-54648 [E7-18929]
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Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices
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Michele P. Peterson,
Editor, Defense Acquisition Regulations
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[FR Doc. E7–19002 Filed 9–25–07; 8:45 am]
BILLING CODE 5001–08–P
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[FR Doc. E7–18977 Filed 9–25–07; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket Nos. ER04–157–022, ER04–714–
012, EL05–89–002]
Bangor Hydro-Electric Company;
Florida Power & Light Company; New
England Transmission Owners; Errata
Notice Extending Comment Date
September 19, 2007.
On September 18, 2007, the
Commission issued a notice in the
above-captioned proceeding. Combined
Notice Of Filings # 1, September 18,
2007. The comment date on the notice
read ‘‘Monday, September 17, 2007.’’
This errata notice extends the comment
due date to Wednesday, September 26,
2007.
Kimberly D. Bose,
Secretary.
[FR Doc. E7–18907 Filed 9–25–07; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. EF07–2021–000]
United States Department of EnergyBonneville Power Administration;
Order Approving Rates on an Interim
Basis and Providing Opportunity for
Additional Comments
Issued September 20, 2007.
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 2008
Transmission and Ancillary Services
(2008 Transmission) rates on an interim
basis, pending our full review. We also
provide an additional period of time for
the parties to file comments.
Background
2. On May 22, 2007, Bonneville, in
accordance with the Pacific Northwest
Electric Power Planning and
Conservation Act (Northwest Power
Act),1 and Subpart B of Part 300 of the
1 16
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U.S.C. 839e(a)(2), 839e(i)(6) (2000).
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Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices
Commission’s regulations,2 filed with
the Commission its proposed 2008
Transmission rates.3 Bonneville also
seeks a finding by the Commission that
the proposed 2008 Transmission rates
associated with service provided under
its open access transmission tariff
(OATT) 4 satisfy the Commission’s
comparability standards applicable to
non-public utilities pursuant to the
reciprocity conditions of Order No.
888.5 Bonneville states that the
governing statute and case law do not
provide the Commission latitude to
review these rates in the same manner
as the Federal Power Act (FPA) 6
provides for public utilities. Rather,
according to Bonneville, if it has
satisfied the standards of the Northwest
Power Act,7 the Commission is required
to confirm and approve these rates.8
3. Notice of Bonneville’s filing was
published in the Federal Register, with
protests and interventions due on or
before June 21, 2007.9 Timely motions
to intervene were filed by Avista
Corporation, PacifiCorp, Portland
General Electric Company, Idaho Power
Company, Industrial Customers of
2 18
CFR part 300 (2007).
proposed transmission rate schedules for
which Bonneville seeks approval for the two year
period ending September 30, 2009 include: FPT–
08.1 (Formula Power Transmission); FPT–08.3
(Formula Power Transmission); IR–08 (Integration
of Resources); NT–08 (Network Integration); PTP–
08 (Point-to-Point Firm Transmission); IS–08
(Southern Intertie Transmission); IM–08 (Montana
Intertie Transmission); UFT–08 (Use-of-Facilities
Transmission); AF–08 (Advance Funding); TGT–08
(Townsend-Garrison Transmission); IE–08 (Eastern
Intertie); ACS–08 (Ancillary Services and Control
Areas Services); and GRSPs (General Rate Schedule
Provisions for Transmission and Ancillary
Services).
4 The proposed rate schedules associated with
Bonneville’s OATT are: Network Integration (NT–
08), Point-to-Point (PTP–08), Southern Intertie (IS–
08), Montana Intertie (IM–08), Use-Of-Facilities
(UFT–08), Advance Funding (AF–08), Ancillary
Services (ACS–08), and GRSPs.
5 See Promoting Wholesale Competition Through
Open Access Non-discriminatory Transmission
Services by Public Utilities and Recovery of
Stranded Costs by Public Utilities and Transmitting
Utilities, Order No. 888, FERC Stats. & Regs.
¶ 31,036 (1996), order on reh’g, Order No. 888–A,
FERC Stats. & Regs. ¶ 31,048 (1997), order on reh’g,
Order No. 888–B, 81 FERC ¶ 61,248 (1997), order
on reh’g, Order No. 888–C, 82 FERC ¶ 61,046
(1998), aff’d in relevant part sub nom. Transmission
Access Policy Study Group v. FERC, 225 F.3d 667
(D.C. Cir. 2000), aff’d sub nom. New York v. FERC,
535 U.S. 1 (2002).
6 16 U.S.C. 824 et seq. (2000). Bonneville also
must comply with the financial, accounting, and
ratemaking requirements in Department of Energy
Order No. RA 6120.2.
7 16 U.S.C. 839e(a)(2), 839e(i)(6) (2000).
8 Central Lincoln Peoples’ Utility District v.
Johnson, 735 F.2d 1101, 1110 (9th Cir. 1984)
(holding that the Northwest Power Act ‘‘remove[s]
FERC from actual ratemaking * * * and limit[s]
FERC’s role to financial oversight of the regional
rates’’).
9 72 FR 32,633 (2007).
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Northwest Utilities, Powerex Corp.,
Public Power Council, and Puget Sound
Energy, Inc., raising no substantive
issues.
4. In addition, the Electric Power
Supply Association (EPSA) and the
Northwest and Intermountain Power
Producers Coalition (NIPPC) filed a joint
motion to intervene and protest. LS
Power Associates, L.P. (LS Power) filed
a timely motion to intervene and
protest. EPSA, NIPPC and LS Power
challenge Bonneville’s plan to no longer
compensate unaffiliated generators
within its control area for generationsupplied reactive power service, as
unduly discriminatory and in violation
of Commission policy. Bonneville filed
an answer in response to the protests.
Discussion
Procedural Matters
5. Pursuant to Rule 214 of the
Commission’s Rules of Practice and
Procedure, 18 CFR 385.214 (2007), the
timely, unopposed motions to intervene
serve to make the entities that filed
them parties to this proceeding. Rule
213(a)(2) of the Commission’s Rules of
Practice and Procedure, 18 CFR
385.213(a)(2) (2007), prohibits an
answer to a protest unless otherwise
ordered by the decisional authority. We
will accept Bonneville’s answer because
it has provided information that assisted
us in our decision-making process.
Standard of Review
6. Under the Northwest Power Act,
the Commission’s review of
Bonneville’s transmission rates is
limited to determining whether
Bonneville’s proposed rates meet the
three specific requirements of section
7(a)(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 the
Administrator’s other costs;
(B) They must be based upon the
Administrator’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.10
7. Unlike the Commission’s statutory
authority under the FPA, the
Commission’s authority under section
7(a)(2) 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
10 See
PO 00000
16 U.S.C. 839e(a)(2) (2000).
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54647
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.11
8. 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,12 the
Commission generally defers resolution
of issues on the merits until an order on
final confirmation and approval. Thus,
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.13
Interim Approval
9. The Commission declines at this
time to grant final confirmation and
approval of Bonneville’s proposed 2008
Transmission rates. The Commission’s
preliminary review nevertheless
indicates that Bonneville’s 2008
Transmission rates appear to meet the
statutory standards and the minimum
threshold filing requirements of Part 300
of the Commission’s regulations.14
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.15 The Commission
will address concerns raised by
protesters in the final decision.
11 See United States Department of Energy—
Bonneville Power Administration, 67 FERC ¶ 61,351
at 62,216–17 (1994); see also, e.g., Aluminum
Company of America v. Bonneville Power
Administration, 903 F.2d 585, 592–93 (9th Cir.
1989).
12 See 18 CFR 300.10(a)(3)(ii) (2007).
13 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).
14 See, e.g., United States Department of Energy—
Bonneville Power Administration, 105 FERC
¶ 61,006 at P 13–14 (2003); United States
Department of Energy—Bonneville Power
Administration, 96 FERC ¶ 61,360 at 62,358 (2001).
15 18 CFR 300.20(c) (2007).
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54648
Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Notices
10. 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 2008
Transmission 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 2008 Transmission rates is
hereby granted, to become effective on
October 1, 2007, subject to refund with
interest as set forth in section 300.20(c)
of the Commission’s regulations, 18 CFR
300.20(c) (2007), pending final action
and either 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.
By the Commission.
Nathaniel J. Davis, Sr.,
Acting Deputy Secretary.
[FR Doc. E7–18929 Filed 9–25–07; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket Nos. EL07–97–000; QF99–95–002;
QF07–129–001]
Chugach Electric Association, Inc.;
Tiqun Energy, Inc.; Tiqun Energy, Inc.;
Notice of Filing
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. On or before the
comment date, it is not necessary to
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
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.
Comment Date: 5 p.m. Eastern Time
on October 12, 2007.
Kimberly D. Bose,
Secretary.
[FR Doc. E7–18908 Filed 9–25–07; 8:45 am]
BILLING CODE 6717–01–P
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September 19, 2007.
Take notice that on September 12,
2007, Chugach Electric Association, Inc.
(Chugach), filed a Petition for
Declaratory Order and Motion for
Revocation seeking the revocation of the
qualifying facility (QF) status of two
QFs self-certified by Tiqun Energy, Inc.
(Tiqun). The two QFs, neither of which
has been built, are the Knik Arm Power
Plant (KAPP), which was self-recertified
by Tiqun in Docket No. QF99–95–001,
and the Pioneer Energy Project, which
was self-certified by Tiqun in Docket
No. QF07–129–000. Chugach claims
that neither the KAPP facility nor the
Pioneer facility meet the criteria for QF
status, and thus the Commission should
issue an order revoking their QF status.
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
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17:57 Sep 25, 2007
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DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket Nos. CP06–5–007]
Empire Pipeline Inc.; Notice of
Application
September 20, 2007.
Take notice that on September 14,
2007, Empire Pipeline, Inc. (EPI), 6363
Main Street, Williamsville, New York
14221, filed in Docket No. CP06–5–007,
an application under section 7 of the
Natural Gas Act (NGA), to amend its
certificate of public convenience and
necessity issued by the Commission on
December 21, 2006. EPI requests
authorization to proceed with
transactions necessary for EPI to receive
local real property tax and New York
PO 00000
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Sfmt 4703
State sales and use tax exemptions with
respect to the pipeline, compression and
appurtenant facilities that have been
authorized by the Commission. The
transactions consist of the transfer of a
leasehold interest in such facilities to
the respective Industrial Development
Agency (IDA) of the Counties of
Genesee, Ontario, Yates, Schuyler,
Chemung and Steuben Counties, New
York where the facilities will be located.
EPI will retain operational control of,
and responsibility for, the facilities. EPI
asserts that the transaction will have no
affect on the natural gas transportation
service that it will provide to its
customers. Upon termination of the
leases, EPI will reacquire its full
ownership interest in the facilities. The
application is on file with the
Commission and open to public
inspection. This filing may also be
viewed on the Commission’s Web site at
https://www.ferc.gov using the
‘‘eLibrary’’ link. Enter the docket
number, excluding the last three digits,
in the docket number field to access the
document. For assistance, call (202)
502–8659 or TTY, (202) 208–3676.
Any questions regarding this petition
should be directed to Antoinetta
Mucilli, Senior Attorney for Empire
Pipeline, Inc., 6363 Main Street,
Williamsville, NY 14221, at (716) 857–
7067.
Pursuant to section 157.9 of the
Commission’s rules, 18 CFR 157.9,
within 90 days of this Notice the
Commission staff will either: Complete
its environmental assessment (EA) and
place it into the Commission’s public
record (eLibrary) for this proceeding; or
issue a Notice of Schedule for
Environmental Review. If a Notice of
Schedule for Environmental Review is
issued, it will indicate, among other
milestones, the anticipated date for the
Commission staff’s issuance of the final
environmental impact statement (FEIS)
or EA for this proposal. The filing of the
EA in the Commission’s public record
for this proceeding or the issuance of a
Notice of Schedule for Environmental
Review will serve to notify federal and
state agencies of the timing for the
completion of all necessary reviews, and
the subsequent need to complete all
federal authorizations within 90 days of
the date of issuance of the Commission
staff’s FEIS or EA.
There are two ways to become
involved in the Commission’s review of
this project. First, any person wishing to
obtain legal status by becoming a party
to the proceedings for this project
should, on or before the comment date
stated below, file with the Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426,
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]]>Agencies
[Federal Register Volume 72, Number 186 (Wednesday, September 26, 2007)]
[Notices]
[Pages 54646-54648]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18929]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. EF07-2021-000]
United States Department of Energy-Bonneville Power
Administration; Order Approving Rates on an Interim Basis and Providing
Opportunity for Additional Comments
Issued September 20, 2007.
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 2008 Transmission and Ancillary Services (2008
Transmission) rates on an interim basis, pending our full review. We
also provide an additional period of time for the parties to file
comments.
Background
2. On May 22, 2007, Bonneville, in accordance with the Pacific
Northwest Electric Power Planning and Conservation Act (Northwest Power
Act),\1\ and Subpart B of Part 300 of the
[[Page 54647]]
Commission's regulations,\2\ filed with the Commission its proposed
2008 Transmission rates.\3\ Bonneville also seeks a finding by the
Commission that the proposed 2008 Transmission rates associated with
service provided under its open access transmission tariff (OATT) \4\
satisfy the Commission's comparability standards applicable to non-
public utilities pursuant to the reciprocity conditions of Order No.
888.\5\ Bonneville states that the governing statute and case law do
not provide the Commission latitude to review these rates in the same
manner as the Federal Power Act (FPA) \6\ provides for public
utilities. Rather, according to Bonneville, if it has satisfied the
standards of the Northwest Power Act,\7\ the Commission is required to
confirm and approve these rates.\8\
---------------------------------------------------------------------------
\1\ 16 U.S.C. 839e(a)(2), 839e(i)(6) (2000).
\2\ 18 CFR part 300 (2007).
\3\ The proposed transmission rate schedules for which
Bonneville seeks approval for the two year period ending September
30, 2009 include: FPT-08.1 (Formula Power Transmission); FPT-08.3
(Formula Power Transmission); IR-08 (Integration of Resources); NT-
08 (Network Integration); PTP-08 (Point-to-Point Firm Transmission);
IS-08 (Southern Intertie Transmission); IM-08 (Montana Intertie
Transmission); UFT-08 (Use-of-Facilities Transmission); AF-08
(Advance Funding); TGT-08 (Townsend-Garrison Transmission); IE-08
(Eastern Intertie); ACS-08 (Ancillary Services and Control Areas
Services); and GRSPs (General Rate Schedule Provisions for
Transmission and Ancillary Services).
\4\ The proposed rate schedules associated with Bonneville's
OATT are: Network Integration (NT-08), Point-to-Point (PTP-08),
Southern Intertie (IS-08), Montana Intertie (IM-08), Use-Of-
Facilities (UFT-08), Advance Funding (AF-08), Ancillary Services
(ACS-08), and GRSPs.
\5\ See Promoting Wholesale Competition Through Open Access Non-
discriminatory Transmission Services by Public Utilities and
Recovery of Stranded Costs by Public Utilities and Transmitting
Utilities, Order No. 888, FERC Stats. & Regs. ] 31,036 (1996), order
on reh'g, Order No. 888-A, FERC Stats. & Regs. ] 31,048 (1997),
order on reh'g, Order No. 888-B, 81 FERC ] 61,248 (1997), order on
reh'g, Order No. 888-C, 82 FERC ] 61,046 (1998), aff'd in relevant
part sub nom. Transmission Access Policy Study Group v. FERC, 225
F.3d 667 (D.C. Cir. 2000), aff'd sub nom. New York v. FERC, 535 U.S.
1 (2002).
\6\ 16 U.S.C. 824 et seq. (2000). Bonneville also must comply
with the financial, accounting, and ratemaking requirements in
Department of Energy Order No. RA 6120.2.
\7\ 16 U.S.C. 839e(a)(2), 839e(i)(6) (2000).
\8\ Central Lincoln Peoples' Utility District v. Johnson, 735
F.2d 1101, 1110 (9th Cir. 1984) (holding that the Northwest Power
Act ``remove[s] FERC from actual ratemaking * * * and limit[s]
FERC's role to financial oversight of the regional rates'').
---------------------------------------------------------------------------
3. Notice of Bonneville's filing was published in the Federal
Register, with protests and interventions due on or before June 21,
2007.\9\ Timely motions to intervene were filed by Avista Corporation,
PacifiCorp, Portland General Electric Company, Idaho Power Company,
Industrial Customers of Northwest Utilities, Powerex Corp., Public
Power Council, and Puget Sound Energy, Inc., raising no substantive
issues.
---------------------------------------------------------------------------
\9\ 72 FR 32,633 (2007).
---------------------------------------------------------------------------
4. In addition, the Electric Power Supply Association (EPSA) and
the Northwest and Intermountain Power Producers Coalition (NIPPC) filed
a joint motion to intervene and protest. LS Power Associates, L.P. (LS
Power) filed a timely motion to intervene and protest. EPSA, NIPPC and
LS Power challenge Bonneville's plan to no longer compensate
unaffiliated generators within its control area for generation-supplied
reactive power service, as unduly discriminatory and in violation of
Commission policy. Bonneville filed an answer in response to the
protests.
Discussion
Procedural Matters
5. Pursuant to Rule 214 of the Commission's Rules of Practice and
Procedure, 18 CFR 385.214 (2007), the timely, unopposed motions to
intervene serve to make the entities that filed them parties to this
proceeding. Rule 213(a)(2) of the Commission's Rules of Practice and
Procedure, 18 CFR 385.213(a)(2) (2007), prohibits an answer to a
protest unless otherwise ordered by the decisional authority. We will
accept Bonneville's answer because it has provided information that
assisted us in our decision-making process.
Standard of Review
6. Under the Northwest Power Act, the Commission's review of
Bonneville's transmission rates is limited to determining whether
Bonneville's proposed rates meet the three specific requirements of
section 7(a)(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 the Administrator's other costs;
(B) They must be based upon the Administrator'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.\10\
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\10\ See 16 U.S.C. 839e(a)(2) (2000).
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7. Unlike the Commission's statutory authority under the FPA, the
Commission's authority under section 7(a)(2) 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.\11\
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\11\ See United States Department of Energy--Bonneville Power
Administration, 67 FERC ] 61,351 at 62,216-17 (1994); see also,
e.g., Aluminum Company of America v. Bonneville Power
Administration, 903 F.2d 585, 592-93 (9th Cir. 1989).
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8. 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,\12\ the Commission generally defers resolution
of issues on the merits until an order on final confirmation and
approval. Thus, 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.\13\
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\12\ See 18 CFR 300.10(a)(3)(ii) (2007).
\13\ 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).
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Interim Approval
9. The Commission declines at this time to grant final confirmation
and approval of Bonneville's proposed 2008 Transmission rates. The
Commission's preliminary review nevertheless indicates that
Bonneville's 2008 Transmission rates appear to meet the statutory
standards and the minimum threshold filing requirements of Part 300 of
the Commission's regulations.\14\ 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.\15\ The Commission will address concerns raised
by protesters in the final decision.
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\14\ See, e.g., United States Department of Energy--Bonneville
Power Administration, 105 FERC ] 61,006 at P 13-14 (2003); United
States Department of Energy--Bonneville Power Administration, 96
FERC ] 61,360 at 62,358 (2001).
\15\ 18 CFR 300.20(c) (2007).
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[[Page 54648]]
10. 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 2008 Transmission 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 2008 Transmission
rates is hereby granted, to become effective on October 1, 2007,
subject to refund with interest as set forth in section 300.20(c) of
the Commission's regulations, 18 CFR 300.20(c) (2007), pending final
action and either 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.
By the Commission.
Nathaniel J. Davis, Sr.,
Acting Deputy Secretary.
[FR Doc. E7-18929 Filed 9-25-07; 8:45 am]
BILLING CODE 6717-01-P
