Post-2010 Resource Pool, Pick-Sloan Missouri Basin Program-Eastern Division, 20697-20700 [E9-10319]

Download as PDF Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Notices [Project No. 12589–001—CO] inspection. The EA may also be viewed on the Commission’s Web site at http://www.ferc.gov using the ‘‘eLibrary’’ link. Enter the docket number excluding the last three digits in the docket number field to access documents. For assistance, contact FERC Online Support at FERCOnlineSupport@ferc.gov or tollfree at 1–866–208–3676, or for TTY, (202) 502–8659. You may also register online at http://www.ferc.gov/docs-filing/ esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. Comments on the EA should be filed within 30 days from the issuance date of this notice, and should be addressed to the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Room 1–A, Washington, DC 20426. Please affix ‘‘Tacoma Hydroelectric Project No. 12589–001’’ to all comments. Comments may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web site under the ‘‘eFiling’’ link. For further information, contact David Turner at (202) 502–6091. Public Service Company of Colorado; Notice of Availability of Draft Environmental Assessment Kimberly D. Bose, Secretary. [FR Doc. E9–10252 Filed 5–4–09; 8:45 am] April 28, 2009. BILLING CODE 6717–01–P such representations fairly disclose the results of such testing. (5) This waiver shall remain in effect from the date this Decision and Order is issued until DOE prescribes final test procedures appropriate to the above model series manufactured by Whirlpool. (6) This waiver is conditioned upon the presumed validity of statements, representations, and documentary materials provided by the petitioner. This waiver may be revoked or modified at any time upon a determination that the factual basis underlying the Petition for Waiver is incorrect, or DOE determines that the results from the alternate test procedure are unrepresentative of the basic models’ true energy consumption characteristics. Issued in Washington, DC, on April 21, 2009. Steven G. Chalk, Principal Deputy Assistant Secretary, Energy Efficiency and Renewable Energy. [FR Doc. E9–10321 Filed 5–4–09; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission In accordance with the National Environmental Policy Act of 1969, as amended, and the Federal Energy Regulatory Commission’s (Commission or FERC) regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office of Energy Projects has reviewed the application for a new major license for the Tacoma Hydroelectric Project (FERC No. 12589), located on Cascade, Little Cascade and Elbert Creeks in San Juan and La Plata Counties, Colorado. The project currently occupies, in part, 233.4 acres of Federal land in the San Juan National Forest administered by the U.S. Forest Service. Staff prepared a draft environmental assessment (EA) that analyzes the probable environmental effects of relicensing the project and concludes that relicensing the project, with appropriate staff-recommended environmental measures, would not constitute a major Federal action significantly affecting the quality of the human environment. A copy of the EA is on file with the Commission and is available for public VerDate Nov<24>2008 23:12 May 04, 2009 Jkt 217001 DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER09–1028–000] 20697 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. Notice is hereby given that the deadline for filing protests with regard to the applicant’s request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is May 18, 2009. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http:// www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above-referenced proceeding are accessible in the Commission’s eLibrary system by clicking on the appropriate link in the above list. They are also 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. Coventa Hempstead Company; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization Kimberly D. Bose, Secretary. [FR Doc. E9–10251 Filed 5–4–09; 8:45 am] April 28, 2009. DEPARTMENT OF ENERGY This is a supplemental notice in the above-referenced proceeding of Coventa Hempstead Company’s application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability. Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 BILLING CODE 6717–01–P Western Area Power Administration Post-2010 Resource Pool, Pick-Sloan Missouri Basin Program—Eastern Division AGENCY: Western Area Power Administration, DOE. ACTION: Notice of Final Procedures. SUMMARY: Western Area Power Administration (Western), Upper Great Plains Region, a Federal power marketing agency of the Department of E:\FR\FM\05MYN1.SGM 05MYN1 20698 Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Notices Energy (DOE), hereby announces its Post-2010 Resource Pool Allocation Procedures. The Energy Planning and Management Program (Program) provides for establishing project-specific resource pools and allocating power from these pools to new preference customers and other appropriate purposes as determined by Western. Western, in accordance with the Program, is finalizing procedures to administer a Federal power resource pool increment of up to 1 percent (approximately 20 megawatts) of the long-term marketable resource of the Pick-Sloan Missouri Basin Program— Eastern Division (P–SMBP—ED) that will become available January 1, 2011 (Post-2010 Resource Pool). Western proposed procedures in the Federal Register on October 15, 2008 (73 FR 61109), and responses to public comments received pertaining to the proposed procedures are included in this notice. Western will publish a notice of proposed allocations in the Federal Register after the effective date of this notice. DATES: The Post-2010 Resource Pool Allocation Procedures will become effective June 4, 2009. ADDRESSES: Information regarding the Post-2010 Resource Pool Allocation Procedures, including comments, letters, and other supporting documents made or kept by Western for the purpose of developing the final procedures, are available for public inspection and copying at the Upper Great Plains Region, Western Area Power Administration, 2900 4th Avenue North, Billings, MT 59101–1266. Public comments are available for viewing at: http://www.wapa.gov/ugp/Post2010/ Post2010CmtLtr.htm. SUPPLEMENTARY INFORMATION: Western published the Final Rule for the Program (Final Rule) on October 20, 1995 (60 FR 54151). The Final Rule became effective on November 20, 1995. Subpart C–Power Marketing Initiative of the Program, Final Rule, 10 CFR part 905, provides for project-specific resource pools and allocations of power from these pools to eligible new preference customers and/or for other appropriate purposes as determined by Western. The additional resource pool increments shall be established by pro rata withdrawals, on 2 years’ notice, from existing customers. Specifically, 10 CFR 905.32(b) provides: At two 5-year intervals after the effective date of the extension to existing customers, Western shall create a project-specific resource pool increment of up to an additional 1 percent of the long-term marketable resource under contract at the VerDate Nov<24>2008 23:12 May 04, 2009 Jkt 217001 time. The size of the additional resource pool increment shall be determined by Western based on consideration of the actual fairshare needs of eligible new customers and other appropriate purposes. Western held a public information and comment forum on November 20, 2008, to accept oral and written comments on the proposed procedures and call for applications. The formal comment period ended January 13, 2009. The Post-2010 Resource Pool Allocation Procedures in this Federal Register notice explain in detail how Western intends to implement Subpart C–Power Marketing Initiative of the Energy Planning and Management Program Final Rule in the P–SMBP— ED. Response to Comments Regarding Post2010 Resource Pool Allocation Procedures Comments and Responses Comment: Western received a comment stating that it should stay consistent with prior marketing initiatives and with the rules and regulations of the Program. The comment expressed concern that Western has been inconsistent in regard to whether Western allocates power based on an entity already having a Federal power commitment versus the entity already having an allocation of firm power from Western. Response: Western agrees with the importance of acting consistently and in accordance with the P–SMBP—ED Final Post 1985 Marketing Plan (45 FR 71860, October 30, 1980) (Post-1985 Marketing Plan), the Program, and the Post-2000 and Post-2005 Marketing Initiatives. In response to public comments and to stay consistent with the Post-1985 Marketing Plan and the intent of the Program, General Eligibility Criterion C was clarified in the Notice of Final Procedures Federal Register (68 FR 67414, December 2, 2003), for the Post2005 Resource Pool by adding ‘‘or other firm Federal power commitment.’’ New Western customers from the Post-2000 and Post-2005 Resource Pools were allocated power consistent with this clarification. Comment: Western received a comment urging Western to consider giving allocations to cooperatives a higher priority than other applicants under the Post-2010 Resource Pool. Response: The preference clause provides for public entities to be given preference over private entities in the marketing of Federal power. There are no preference entity applicants with a higher priority than another. Western will not provide a higher priority to one PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 preference entity applicant over another in the Final Post-2010 Resource Pool Allocation Procedures. Comment: Western received comments in support of an entity’s application for power under the Post2010 Resource Pool. Response: All applications received by Western for an allocation of power from the Post-2010 Resource Pool will be considered in accordance with the Final Post-2010 Resource Pool Allocation Procedures. Comment: Western received a comment that Criterion D of the General Eligibility Criteria does not accurately describe the prohibition of resale by a non-utility or a utility to a non-member per Western’s General Power Contract Provisions. Resale by a non-utility or a utility to a non-member would be a violation of Western’s General Power Contract Provisions; however Western does permit the sale of firm power to a utility’s member systems in recognizing the structure of joint action agencies and rural electric generation and transmission cooperatives. Response: Criterion D is one of several criteria intended for the purpose of determining general eligibility of the applicant and is not intended to fully describe resale. Western agrees that the prohibition of resale, by a non-utility or utility, is addressed in Western’s General Power Contract Provisions which are required under the General Contract Principles, Principle E. Comment: Western received a comment that contract provisions for new Post-2010 Resource Pool firm power customers should be identical to the terms and conditions of existing firm power customers and in considering applications and making new allocations, Western must act within existing laws and regulations. Also, if withdrawals are made for future resource pools, reductions should be applied to all firm power contract holders. Response: Western agrees that any new allocation made from the Post-2010 Resource Pool must comply with existing laws, regulations, and guidelines, as well as contract terms and conditions applied to allocations made in previous marketing initiatives under the Program. There are no future resource pools for the Program in the P– SMBP—ED. Withdrawals for future resource pools are outside the scope of this process. Comment: Western received a comment that in no event should Western use ‘‘appropriate purposes’’ to attempt to legislate new policy regarding eligibility requirements for receiving firm power allocations. E:\FR\FM\05MYN1.SGM 05MYN1 Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Notices Response: Western is not proposing to use a share of the Post-2010 Resource Pool for other appropriate purposes. Comment: Western received several comments pertaining to Western granting exceptions or waivers to various General Eligibility Criteria for individual applicants. Response: If Western were to consider individual exceptions or waivers to the Post-2010 Allocation Procedures, all entities would need to be afforded the opportunity to submit new applications. Western would expect to receive many new applications with significant requests for granting individual waivers or exceptions. This process would undermine Program consistency, and may not be supportable by existing laws and regulations or the power available in the Post-2010 Resource Pool. Western will not grant exceptions or waivers to the Final Post-2010 Resource Pool Allocation Procedures in determining which entities are eligible for an allocation of power. Final Post-2010 Resource Pool Allocation Procedures I. Amount of Pool Resources Western will allocate up to 1 percent (approximately 20 megawatts) of the P– SMBP—ED long-term firm hydroelectric resource available as of January 1, 2011, as firm power to eligible new preference customers. Firm power means capacity and associated energy allocated by Western and subject to the terms and conditions specified in the Western electric service contract. II. General Eligibility Criteria Western will apply the following General Eligibility Criteria to applicants seeking an allocation of firm power under the Post-2010 Resource Pool Allocation Procedures. A. All qualified applicants must be preference entities as defined by section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)), as amended and supplemented. B. All qualified applicants must be located within the currently established P–SMBP—ED marketing area. C. All qualified applicants must not be currently receiving benefits, directly or indirectly, from a current P–SMBP— ED firm power allocation or other firm Federal power commitment. Qualified Native American applicants, who did not receive an allocation from the Post2000 or Post-2005 Resource Pools, are not subject to this requirement. D. Qualified utility and non-utility applicants must be able to use the firm power directly or be able to sell it directly to retail customers. VerDate Nov<24>2008 23:12 May 04, 2009 Jkt 217001 E. Qualified utility applicants that desire to purchase power from Western for resale to consumers, including cooperatives, municipalities, public utility districts, and public power districts must have met utility status by January 1, 2008. Utility status means the entity has responsibility to meet load growth, has a distribution system, and is ready, willing, and able to purchase Federal power from Western on a wholesale basis. F. Qualified Native American applicants must be an Indian tribe as defined in the Indian Self Determination Act of 1975, 25 U.S.C. 450b, as amended. III. General Allocation Criteria Western will apply the following General Allocation Criteria to applicants seeking an allocation of firm power under the Post-2010 Resource Pool Allocation Procedures. A. Allocations of firm power will be made in amounts as determined solely by Western in exercise of its discretion under Federal Reclamation Law. B. An allottee will have the right to purchase such firm power only upon executing an electric service contract between Western and the allottee, and satisfying all conditions in that contract. C. Firm power allocated under these procedures will be available only to new preference customers in the existing P– SMBP—ED marketing area. The marketing area of the P–SMBP—ED is Montana (east of the Continental Divide), all of North Dakota and South Dakota, Nebraska east of the 101° meridian, Iowa west of the 941⁄2° meridian, and Minnesota west of a line on the 941⁄2° meridian from the southern boundary of the state to the 46° parallel and then northwesterly to the northern boundary of the state at the 961⁄2° meridian. D. Allocations made to Native American tribes will be based on the actual load experienced in calendar year 2007. Western has the right to use estimated load values for calendar year 2007 should actual load data not be available. Western will adjust inconsistent estimates during the allocation process. E. Allocations made to qualified utility and non-utility applicants will be based on the actual loads experienced in calendar year 2007. Western will apply the Post-1985 Marketing Plan and the Program criteria to these loads. Western will carry forward key principles and criteria established in the Post-2000 and Post-2005 Resource Pools, except as modified herein. PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 20699 F. Energy provided with firm power will be based upon the customer’s monthly system load pattern. G. Any electric service contract offered to a new customer shall be executed by the customer within 6 months of a contract offer by Western, unless otherwise agreed to in writing by Western. H. The resource pool will be dissolved subsequent to the closing date of the last qualified applicant to execute their respective firm electric service contract. Firm power not under contract will be used in accordance with the Program. I. The minimum allocation shall be 100 kilowatts (kW). J. The maximum allocation for qualified utility and non-utility applicants shall be 5,000 kW. K. Contract rates of delivery shall be subject to adjustment in the future as provided for in the Program. L. If unanticipated obstacles to the delivery of hydropower benefits to Native American tribes arise, Western retains the right to provide the economic benefits of its resources directly to these tribes. IV. General Contract Principles Western will apply the following General Contract Principles to all applicants receiving an allocation of firm power under the Post-2010 Resource Pool Allocation Procedures. A. Western shall reserve the right to reduce a customer’s summer season contract rate of delivery by up to 5 percent for new project pumping requirements, by giving a minimum of 5 years’ written notice in advance of such action. B. Western, at its discretion and sole determination, reserves the right to adjust the contract rate of delivery on 5 years’ written notice in response to changes in hydrology and river operations. Any such adjustments shall only take place after a public process by Western. C. Each allottee is ultimately responsible for obtaining its own thirdparty delivery arrangements, if necessary. Western may assist the allottee in obtaining third-party transmission arrangements for the delivery of firm power allocated under these procedures to new customers. D. Contracts entered into under the Post-2010 Resource Pool Allocation Procedures shall provide for Western to furnish firm electric service effective from January 1, 2011, through December 31, 2020. E. Contracts entered into as a result of these procedures shall incorporate Western’s standard provisions for power E:\FR\FM\05MYN1.SGM 05MYN1 20700 Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Notices sales contracts, integrated resource planning, and the General Power Contract Provisions. Post-2010 Resource Pool Procedures Requirements Environmental Compliance Western completed an Environmental Impact Statement on the Program (DOE/ EIS–0812), pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321–4347 (2007), as amended and supplemented, (NEPA). The Record of Decision was published in the Federal Register on October 12, 1995 (60 FR 53181). Western’s NEPA review assured all environmental effects related to these actions have been analyzed. Dated: April 28, 2009. Timothy J. Meeks, Administrator. [FR Doc. E9–10319 Filed 5–4–09; 8:45 am] BILLING CODE 6450–01–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8900–6] Cross-Media Electronic Reporting Rule State Authorized Program Revision/ Modification Approvals: State of Delaware AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces EPA’s approval, under regulations for CrossMedia Electronic Reporting, of the State of Delaware’s request to revise/modify programs to allow electronic reporting for certain of their EPA-authorized programs. DATES: EPA’s approval is effective May 5, 2009. FOR FURTHER INFORMATION CONTACT: Evi Huffer, U.S. Environmental Protection Agency, Office of Environmental Information, Mail Stop 2823T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202) 566–1697, huffer.evi@epa.gov, or David Schwarz, U.S. Environmental Protection Agency, Office of Environmental Information, Mail Stop 2823T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202) 566–1704, schwarz.david@epa.gov. SUPPLEMENTARY INFORMATION: On October 13, 2005, the final CrossMedia Electronic Reporting Rule (CROMERR) was published in the Federal Register (70 FR 59848) and codified as part 3 of title 40 of the CFR. VerDate Nov<24>2008 23:12 May 04, 2009 Jkt 217001 CROMERR establishes electronic reporting as an acceptable regulatory alternative to paper reporting and establishes requirements to assure that electronic documents are as legally dependable as their paper counterparts. Under subpart D of CROMERR, State, tribal or local government agencies that receive, or wish to begin receiving, electronic reports under their EPAauthorized programs must apply to EPA for a revision or modification of those programs and get EPA approval. Subpart D provides standards for such approvals based on consideration of the electronic document receiving systems that the state, tribe, or local government will use to implement the electronic reporting. Additionally, in 3.1000(b) through (e) of 40 CFR part 3, subpart D provides special procedures for program revisions and modifications to allow electronic reporting, to be used at the option of the State, tribe or local government in place of procedures available under existing programspecific authorization regulations. An application submitted under the subpart D procedures must show that the State, tribe or local government has sufficient legal authority to implement the electronic reporting components of the programs covered by the application and will use electronic document receiving systems that meet the applicable subpart D requirements. On August 21, 2008, the State of Delaware Department of Natural Resources and Environmental Control (DEDNREC) submitted an application for their Online Reporting System (ORS) electronic document receiving system for revision or modification of EPAauthorized programs under 40 CFR parts 51, 60, 122, and 271. EPA reviewed DEDNREC’s request to revise/modify their EPA-authorized programs and, based on this review, EPA determined that the application met the standards for approval of authorized program revisions/modifications set out in 40 CFR part 3, subpart D. In accordance with 40 CFR 3.1000(d), this notice of EPA’s decision to approve DEDNREC’s request for revision/modification to certain of their authorized programs is being published in the Federal Register. Specifically, EPA has approved DEDNREC’s request for revisions/ modifications to the following of their authorized programs to allow electronic reporting under 40 CFR parts 51, 61, 122, 261–265: • Part 51—Requirements for Preparation, Adoption, and Submittal of Implementation Plans; • Part 60—Standards of Performance for New Stationary Sources; PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 • Part 123—National Pollutant Discharge Elimination System (NPDES) State Program Requirements; and • Part 271—Requirements for Authorization of State Hazardous Waste Programs. DEDNREC was notified of EPA’s determination to approve its application with respect to the authorized programs listed above in a letter dated April 23, 2009. Dated: April 23, 2009. Lisa Schlosser, Director, Office of Information Collection. [FR Doc. E9–10332 Filed 5–4–09; 8:45 am] BILLING CODE 6560–50–P FEDERAL MEDIATION AND CONCILIATION SERVICE Labor-Management Cooperation Program Act of 1978 (Pub. L. 95–524) AGENCY: Federal Mediation and Conciliation Service. ACTION: Publication of Final Fiscal Year 2009 Program Guidelines/Application Solicitation for Labor-Management Committees. SUMMARY: The Federal Mediation and Conciliation Service (FMCS) is publishing the final Fiscal Year 2009 Program Guidelines/Application Solicitation for the Labor-Management Cooperation Program. The program is supported by Federal funds authorized by the Labor-Management Cooperation Act of 1978, subject to annual appropriations. This Solicitation contains a change in the deadline for accepting applications. The National Council of EEOC Locals No. 216 submitted a comment in response to the draft filing which was published in the Federal Register on March 20, 2009, [Volume 74, Number 3 (Pages 11948–11952)]. The Locals No. 216 has not applied for a grant because it was ineligible to do so under FMCS regulations [FY2009 Program Guidelines/Application Solicitation for Labor Management Committees (Section (C) Eligibility, Page 9)]. Its comments involve that regulation. Locals No. 216 has requested in effect that FMCS allow Federal agencies to apply for an FMCS grant. We have carefully considered the comment, and understand that implementation of the change requested would increase the likelihood of grant acceptance for the Equal Employment Opportunity Commission (EEOC). However, FMCS is not able to adopt the requested changes due to OMB regulations [OMB Circular A–102, Grants and Cooperative Agreements E:\FR\FM\05MYN1.SGM 05MYN1

Agencies

[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Notices]
[Pages 20697-20700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10319]


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

DEPARTMENT OF ENERGY

Western Area Power Administration


Post-2010 Resource Pool, Pick-Sloan Missouri Basin Program--
Eastern Division

AGENCY: Western Area Power Administration, DOE.

ACTION: Notice of Final Procedures.

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

SUMMARY: Western Area Power Administration (Western), Upper Great 
Plains Region, a Federal power marketing agency of the Department of

[[Page 20698]]

Energy (DOE), hereby announces its Post-2010 Resource Pool Allocation 
Procedures. The Energy Planning and Management Program (Program) 
provides for establishing project-specific resource pools and 
allocating power from these pools to new preference customers and other 
appropriate purposes as determined by Western. Western, in accordance 
with the Program, is finalizing procedures to administer a Federal 
power resource pool increment of up to 1 percent (approximately 20 
megawatts) of the long-term marketable resource of the Pick-Sloan 
Missouri Basin Program--Eastern Division (P-SMBP--ED) that will become 
available January 1, 2011 (Post-2010 Resource Pool). Western proposed 
procedures in the Federal Register on October 15, 2008 (73 FR 61109), 
and responses to public comments received pertaining to the proposed 
procedures are included in this notice. Western will publish a notice 
of proposed allocations in the Federal Register after the effective 
date of this notice.

DATES: The Post-2010 Resource Pool Allocation Procedures will become 
effective June 4, 2009.

ADDRESSES: Information regarding the Post-2010 Resource Pool Allocation 
Procedures, including comments, letters, and other supporting documents 
made or kept by Western for the purpose of developing the final 
procedures, are available for public inspection and copying at the 
Upper Great Plains Region, Western Area Power Administration, 2900 4th 
Avenue North, Billings, MT 59101-1266. Public comments are available 
for viewing at: http://www.wapa.gov/ugp/Post2010/Post2010CmtLtr.htm.

SUPPLEMENTARY INFORMATION: Western published the Final Rule for the 
Program (Final Rule) on October 20, 1995 (60 FR 54151). The Final Rule 
became effective on November 20, 1995. Subpart C-Power Marketing 
Initiative of the Program, Final Rule, 10 CFR part 905, provides for 
project-specific resource pools and allocations of power from these 
pools to eligible new preference customers and/or for other appropriate 
purposes as determined by Western. The additional resource pool 
increments shall be established by pro rata withdrawals, on 2 years' 
notice, from existing customers. Specifically, 10 CFR 905.32(b) 
provides:

    At two 5-year intervals after the effective date of the 
extension to existing customers, Western shall create a project-
specific resource pool increment of up to an additional 1 percent of 
the long-term marketable resource under contract at the time. The 
size of the additional resource pool increment shall be determined 
by Western based on consideration of the actual fair-share needs of 
eligible new customers and other appropriate purposes.

    Western held a public information and comment forum on November 20, 
2008, to accept oral and written comments on the proposed procedures 
and call for applications. The formal comment period ended January 13, 
2009. The Post-2010 Resource Pool Allocation Procedures in this Federal 
Register notice explain in detail how Western intends to implement 
Subpart C-Power Marketing Initiative of the Energy Planning and 
Management Program Final Rule in the P-SMBP--ED.

Response to Comments Regarding Post-2010 Resource Pool Allocation 
Procedures

Comments and Responses

    Comment: Western received a comment stating that it should stay 
consistent with prior marketing initiatives and with the rules and 
regulations of the Program. The comment expressed concern that Western 
has been inconsistent in regard to whether Western allocates power 
based on an entity already having a Federal power commitment versus the 
entity already having an allocation of firm power from Western.
    Response: Western agrees with the importance of acting consistently 
and in accordance with the P-SMBP--ED Final Post 1985 Marketing Plan 
(45 FR 71860, October 30, 1980) (Post-1985 Marketing Plan), the 
Program, and the Post-2000 and Post-2005 Marketing Initiatives. In 
response to public comments and to stay consistent with the Post-1985 
Marketing Plan and the intent of the Program, General Eligibility 
Criterion C was clarified in the Notice of Final Procedures Federal 
Register (68 FR 67414, December 2, 2003), for the Post-2005 Resource 
Pool by adding ``or other firm Federal power commitment.'' New Western 
customers from the Post-2000 and Post-2005 Resource Pools were 
allocated power consistent with this clarification.
    Comment: Western received a comment urging Western to consider 
giving allocations to cooperatives a higher priority than other 
applicants under the Post-2010 Resource Pool.
    Response: The preference clause provides for public entities to be 
given preference over private entities in the marketing of Federal 
power. There are no preference entity applicants with a higher priority 
than another. Western will not provide a higher priority to one 
preference entity applicant over another in the Final Post-2010 
Resource Pool Allocation Procedures.
    Comment: Western received comments in support of an entity's 
application for power under the Post-2010 Resource Pool.
    Response: All applications received by Western for an allocation of 
power from the Post-2010 Resource Pool will be considered in accordance 
with the Final Post-2010 Resource Pool Allocation Procedures.
    Comment: Western received a comment that Criterion D of the General 
Eligibility Criteria does not accurately describe the prohibition of 
resale by a non-utility or a utility to a non-member per Western's 
General Power Contract Provisions. Resale by a non-utility or a utility 
to a non-member would be a violation of Western's General Power 
Contract Provisions; however Western does permit the sale of firm power 
to a utility's member systems in recognizing the structure of joint 
action agencies and rural electric generation and transmission 
cooperatives.
    Response: Criterion D is one of several criteria intended for the 
purpose of determining general eligibility of the applicant and is not 
intended to fully describe resale. Western agrees that the prohibition 
of resale, by a non-utility or utility, is addressed in Western's 
General Power Contract Provisions which are required under the General 
Contract Principles, Principle E.
    Comment: Western received a comment that contract provisions for 
new Post-2010 Resource Pool firm power customers should be identical to 
the terms and conditions of existing firm power customers and in 
considering applications and making new allocations, Western must act 
within existing laws and regulations. Also, if withdrawals are made for 
future resource pools, reductions should be applied to all firm power 
contract holders.
    Response: Western agrees that any new allocation made from the 
Post-2010 Resource Pool must comply with existing laws, regulations, 
and guidelines, as well as contract terms and conditions applied to 
allocations made in previous marketing initiatives under the Program. 
There are no future resource pools for the Program in the P-SMBP--ED. 
Withdrawals for future resource pools are outside the scope of this 
process.
    Comment: Western received a comment that in no event should Western 
use ``appropriate purposes'' to attempt to legislate new policy 
regarding eligibility requirements for receiving firm power 
allocations.

[[Page 20699]]

    Response: Western is not proposing to use a share of the Post-2010 
Resource Pool for other appropriate purposes.
    Comment: Western received several comments pertaining to Western 
granting exceptions or waivers to various General Eligibility Criteria 
for individual applicants.
    Response: If Western were to consider individual exceptions or 
waivers to the Post-2010 Allocation Procedures, all entities would need 
to be afforded the opportunity to submit new applications. Western 
would expect to receive many new applications with significant requests 
for granting individual waivers or exceptions. This process would 
undermine Program consistency, and may not be supportable by existing 
laws and regulations or the power available in the Post-2010 Resource 
Pool. Western will not grant exceptions or waivers to the Final Post-
2010 Resource Pool Allocation Procedures in determining which entities 
are eligible for an allocation of power.

Final Post-2010 Resource Pool Allocation Procedures

I. Amount of Pool Resources

    Western will allocate up to 1 percent (approximately 20 megawatts) 
of the P-SMBP--ED long-term firm hydroelectric resource available as of 
January 1, 2011, as firm power to eligible new preference customers. 
Firm power means capacity and associated energy allocated by Western 
and subject to the terms and conditions specified in the Western 
electric service contract.

II. General Eligibility Criteria

    Western will apply the following General Eligibility Criteria to 
applicants seeking an allocation of firm power under the Post-2010 
Resource Pool Allocation Procedures.
    A. All qualified applicants must be preference entities as defined 
by section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 
485h(c)), as amended and supplemented.
    B. All qualified applicants must be located within the currently 
established P-SMBP--ED marketing area.
    C. All qualified applicants must not be currently receiving 
benefits, directly or indirectly, from a current P-SMBP--ED firm power 
allocation or other firm Federal power commitment. Qualified Native 
American applicants, who did not receive an allocation from the Post-
2000 or Post-2005 Resource Pools, are not subject to this requirement.
    D. Qualified utility and non-utility applicants must be able to use 
the firm power directly or be able to sell it directly to retail 
customers.
    E. Qualified utility applicants that desire to purchase power from 
Western for resale to consumers, including cooperatives, 
municipalities, public utility districts, and public power districts 
must have met utility status by January 1, 2008. Utility status means 
the entity has responsibility to meet load growth, has a distribution 
system, and is ready, willing, and able to purchase Federal power from 
Western on a wholesale basis.
    F. Qualified Native American applicants must be an Indian tribe as 
defined in the Indian Self Determination Act of 1975, 25 U.S.C. 450b, 
as amended.

III. General Allocation Criteria

    Western will apply the following General Allocation Criteria to 
applicants seeking an allocation of firm power under the Post-2010 
Resource Pool Allocation Procedures.
    A. Allocations of firm power will be made in amounts as determined 
solely by Western in exercise of its discretion under Federal 
Reclamation Law.
    B. An allottee will have the right to purchase such firm power only 
upon executing an electric service contract between Western and the 
allottee, and satisfying all conditions in that contract.
    C. Firm power allocated under these procedures will be available 
only to new preference customers in the existing P-SMBP--ED marketing 
area. The marketing area of the P-SMBP--ED is Montana (east of the 
Continental Divide), all of North Dakota and South Dakota, Nebraska 
east of the 101[deg] meridian, Iowa west of the 94\1/2\[deg] meridian, 
and Minnesota west of a line on the 94\1/2\[deg] meridian from the 
southern boundary of the state to the 46[deg] parallel and then 
northwesterly to the northern boundary of the state at the 96\1/2\[deg] 
meridian.
    D. Allocations made to Native American tribes will be based on the 
actual load experienced in calendar year 2007. Western has the right to 
use estimated load values for calendar year 2007 should actual load 
data not be available. Western will adjust inconsistent estimates 
during the allocation process.
    E. Allocations made to qualified utility and non-utility applicants 
will be based on the actual loads experienced in calendar year 2007. 
Western will apply the Post-1985 Marketing Plan and the Program 
criteria to these loads. Western will carry forward key principles and 
criteria established in the Post-2000 and Post-2005 Resource Pools, 
except as modified herein.
    F. Energy provided with firm power will be based upon the 
customer's monthly system load pattern.
    G. Any electric service contract offered to a new customer shall be 
executed by the customer within 6 months of a contract offer by 
Western, unless otherwise agreed to in writing by Western.
    H. The resource pool will be dissolved subsequent to the closing 
date of the last qualified applicant to execute their respective firm 
electric service contract. Firm power not under contract will be used 
in accordance with the Program.
    I. The minimum allocation shall be 100 kilowatts (kW).
    J. The maximum allocation for qualified utility and non-utility 
applicants shall be 5,000 kW.
    K. Contract rates of delivery shall be subject to adjustment in the 
future as provided for in the Program.
    L. If unanticipated obstacles to the delivery of hydropower 
benefits to Native American tribes arise, Western retains the right to 
provide the economic benefits of its resources directly to these 
tribes.

IV. General Contract Principles

    Western will apply the following General Contract Principles to all 
applicants receiving an allocation of firm power under the Post-2010 
Resource Pool Allocation Procedures.
    A. Western shall reserve the right to reduce a customer's summer 
season contract rate of delivery by up to 5 percent for new project 
pumping requirements, by giving a minimum of 5 years' written notice in 
advance of such action.
    B. Western, at its discretion and sole determination, reserves the 
right to adjust the contract rate of delivery on 5 years' written 
notice in response to changes in hydrology and river operations. Any 
such adjustments shall only take place after a public process by 
Western.
    C. Each allottee is ultimately responsible for obtaining its own 
third-party delivery arrangements, if necessary. Western may assist the 
allottee in obtaining third-party transmission arrangements for the 
delivery of firm power allocated under these procedures to new 
customers.
    D. Contracts entered into under the Post-2010 Resource Pool 
Allocation Procedures shall provide for Western to furnish firm 
electric service effective from January 1, 2011, through December 31, 
2020.
    E. Contracts entered into as a result of these procedures shall 
incorporate Western's standard provisions for power

[[Page 20700]]

sales contracts, integrated resource planning, and the General Power 
Contract Provisions.

Post-2010 Resource Pool Procedures Requirements

Environmental Compliance

    Western completed an Environmental Impact Statement on the Program 
(DOE/EIS-0812), pursuant to the National Environmental Policy Act of 
1969, 42 U.S.C. 4321-4347 (2007), as amended and supplemented, (NEPA). 
The Record of Decision was published in the Federal Register on October 
12, 1995 (60 FR 53181). Western's NEPA review assured all environmental 
effects related to these actions have been analyzed.

    Dated: April 28, 2009.
Timothy J. Meeks,
Administrator.
[FR Doc. E9-10319 Filed 5-4-09; 8:45 am]
BILLING CODE 6450-01-P