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
https://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
https://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 https://
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
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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
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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:
https://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
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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
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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.
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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.
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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.
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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
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05MYN1
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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.
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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;
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• 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: https://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