Notice of Intent To Contract for Hydroelectric Power Development at the Carter Lake Dam Outlet, a Feature of the Colorado-Big Thompson Project (C-BTP), Colorado, 21400-21402 [E9-10599]
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Federal Register / Vol. 74, No. 87 / Thursday, May 7, 2009 / Notices
remains in the possession and control of
Warren Anatomical Museum, Harvard
University, Boston, MA. The human
remains were removed from an
unknown locality in the State of Hawaii.
This notice is published as part of the
National Park Service’s administrative
responsibilities under NAGPRA, 25
U.S.C. 3003(d)(3). The determinations in
this notice are the sole responsibility of
the museum, institution, or Federal
agency that has control of the Native
American human remains. The National
Park Service is not responsible for the
determinations in this notice.
A detailed assessment of the human
remains was made by Peabody Museum
of Archaeology and Ethnology and
Warren Anatomical Museum
professional staff in consultation with
representatives of the Hawaii Island
Burial Council, Hui Malama I Na
Kupuna O Hawai’i Nei, Oahu Island
Burial Council, and the Office of
Hawaiian Affairs.
At an unknown date, human remains
representing a minimum of one
individual were removed from an
unknown location in the State of Hawaii
by D.H. Steadman. The human remains
were presented to the Anatomical
Museum of the Boston Society for
Medical Improvement on an unknown
date before 1847. The Anatomical
Museum of the Boston Society for
Medical Improvement transferred its
collection to the Warren Anatomical
Museum in 1871. No known individual
was identified. No associated funerary
objects are present.
Osteological characteristics indicate
that the human remains are Native
American. Museum documentation state
that the human remains were recovered
from the ‘‘Sandwich Islands.’’
‘‘Sandwich Islands’’ is an antiquated
term used to describe the islands of
Hawaii. Archeological and historic
documentation combined with oral
traditions support that the human
remains are from an area considered to
be part of the aboriginal homelands of
ancestral Native Hawaiians. Present-day
groups that represent Native Hawaiians
for the State of Hawaii are Hui Malama
I Na Kupuna O Hawai’i Nei and the
Office of Hawaiian Affairs.
Officials of the Peabody Museum of
Archaeology and Ethnology and Warren
Anatomical Museum have determined
that, pursuant to 25 U.S.C. 3001 (9–10),
the human remains described above
represent the physical remains of one
individual of Native American ancestry.
Officials of the Peabody Museum of
Archaeology and Ethnology and Warren
Anatomical Museum also have
determined that, pursuant to 25 U.S.C.
3001 (2), there is a relationship of
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17:03 May 06, 2009
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shared group identity that can be
reasonably traced between the Native
American human remains and Hui
Malama I Na Kupuna O Hawai’i Nei and
the Office of Hawaiian Affairs.
Representatives of any other Indian
tribe or Native Hawaiian Organization
that believes itself to be culturally
affiliated with the human remains
should contact Patricia Capone,
Repatriation Coordinator, Peabody
Museum of Archaeology and Ethnology,
Harvard University, 11 Divinity Ave.,
Cambridge, MA 02138, telephone (617)
496–3702, before June 8, 2009.
Repatriation of the human remains to
Hui Malama I Na Kupuna O Hawai’i Nei
and the Office of Hawaiian Affairs may
proceed after that date if no additional
claimants come forward.
The Peabody Museum of Archaeology
and Ethnology and Warren Anatomical
Museum are responsible for notifying
the Hawaii Island Burial Council, Hui
Malama I Na Kupuna O Hawai’i Nei,
Oahu Island Burial Council, and the
Office of Hawaiian Affairs that this
notice has been published.
Dated: April 28, 2009.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E9–10597 Filed 5–6–09; 8:45 am]
BILLING CODE 4312–50–S
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Notice of Intent To Contract for
Hydroelectric Power Development at
the Carter Lake Dam Outlet, a Feature
of the Colorado-Big Thompson Project
(C–BTP), Colorado
AGENCY: Bureau of Reclamation,
Department of the Interior.
ACTION: Notice of intent to accept
proposals, select one lessee, and
contract for hydroelectric power
development at Carter Lake Dam Outlet.
SUMMARY: Current Federal policy
encourages non-Federal development of
electrical power resource potential on
Federal water resource projects. The
Department of the Interior, acting
through the Bureau of Reclamation
(Reclamation) will consider proposals
for non-Federal development of
hydroelectric power at Carter Lake Dam
Outlet of the C–BTP, Colorado.
Reclamation is considering such
hydroelectric power development under
a lease of power privilege. No Federal
funds will be available for such
hydroelectric power development. The
Western Area Power Administration
(Western) would have the first
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opportunity to purchase and/or market
the power that would be generated by
such development under a lease of
power privilege. The C–BTP is a
Reclamation project. This Notice
presents background information,
proposal content guidelines,
information concerning selection of one
or more non-Federal entities to develop
hydroelectric power at Carter Lake Dam
Outlet, and power purchasing and/or
marketing considerations. Interested
entities are invited to submit a proposal
on this project.
DATES: A written proposal and seven
copies must be submitted on or before
12 p.m. (MST), on September 18, 2009.
A proposal will be considered timely
only if it is received in the office of the
Lease of Power Privilege Coordinator by
or before 12 p.m. (MST) on the
designated date. Interested entities are
cautioned that delayed delivery to this
office due to failures or
misunderstandings of the entity and/or
of mail, overnight, or courier services
will not excuse lateness and,
accordingly, are advised to provide
sufficient time for delivery. Late
proposals will not be considered.
ADDRESSES: Written proposals and
seven copies should be sent to Mr.
George Gliko, Lease of Power Privilege
Coordinator (GP–2200), Bureau of
Reclamation, Great Plains Regional
Office (GP–2200), P.O. Box 36900,
Billings, MT 59107–6900.
Information related to Western’s
purchasing and/or marketing the power
may be obtained at Western Area Power
Administration, Rocky Mountain
Region, Attn: Dave Neumayer, Power
Marketing Manager, 5555 East
Crossroads Blvd., Loveland, Colorado
80538, Telephone: (970) 461–7322.
Information related to the operation
and maintenance of Carter Lake Dam
and Reservoir and the St. Vrain Canal
may be obtained at Northern Colorado
Water Conservancy District, 220 Water
Avenue, Berthoud, Colorado 80513,
Telephone: (970) 532–7700.
FOR FURTHER INFORMATION CONTACT: Mr.
George Gliko at (406) 247–7651.
Reclamation will be available to meet
with interested entities only upon
written request to the Lease of Power
Privilege Coordinator at the above
address. Reclamation reserves the right
to schedule a single meeting and/or visit
to address at once the questions of all
entities that have submitted questions or
requested site visits.
SUPPLEMENTARY INFORMATION:
The C–BTP, located in central
Colorado, was authorized for
construction, including hydroelectric
power, by the Department of the Interior
E:\FR\FM\07MYN1.SGM
07MYN1
Federal Register / Vol. 74, No. 87 / Thursday, May 7, 2009 / Notices
Appropriations Act, 1938 (1938 Act),
Public Law 75–249, 50 Stat. 564 (August
9, 1937). Specifically, the 1938 Act
appropriates funds for the Project’s
‘‘construction in accordance with the
plan described in Senate Document No.
80, Seventy-fifth Congress, First Session
* * *’’ 50 Stat. 595. As part of the C–
BTP, the United States constructed
Carter Lake Dam and the St. Vrain
Supply Canal, which carries water south
from the Carter Lake Dam Outlet to the
vicinity of Lyons, Colorado. The
Northern Colorado Water Conservancy
District (District), under its contracts
with the United States, has certain
operation, maintenance, replacement,
and repayment responsibilities and
obligations concerning the C–BTP,
which includes such responsibility for
Carter Lake Dam and Reservoir and the
recently transferred St. Vrain Supply
Canal.
Reclamation is considering
hydroelectric power development at
Carter Lake Dam Outlet through a lease
of power privilege. A lease of power
privilege is a congressionally authorized
alternative to Federal hydroelectric
power development. A lease of power
privilege grants to a non-Federal entity
the right to utilize, consistent with C–
BTP purposes, water power head or
storage at and/or operationally in
conjunction with the C–BTP, for nonFederal electric power generation and
sale by the entity. Leases of power
privilege have terms not to exceed 40
years. The general authority for lease of
power privilege under Reclamation law
includes, among others, the Town Sites
and Power Development Act of 1906 (43
U.S.C. 522) and the Reclamation Project
Act of 1939 (43 U.S.C. 485h(c)) (1939
Act). Congress authorized hydropower
development for the C–BTP in Public
Law 95–249. Reclamation will be the
lead Federal agency for ensuring
compliance with the National
Environmental Policy Act (NEPA) of
any lease of power privilege considered
in response to this Notice. Leases of
power privilege may be issued only
when Reclamation, upon completion of
the NEPA process, determines that the
affected hydroelectric power sites are
environmentally acceptable. Any lease
of power privilege at Carter Lake Dam
Outlet must accommodate existing
contractual commitments related to
operation and maintenance of such
existing facilities.
Western would have the first
opportunity to purchase and/or market
the power that would be generated
under any lease of power privilege.
Under this process, Western would
either purchase and market the power as
Loveland Area Power (LAP) power or
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17:03 May 06, 2009
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market the power independently by first
offering it to preference entities and
secondly to non-preference entities.
All costs incurred by the United
States related to development and
operation and maintenance under a
lease of power privilege, including but
not limited to NEPA compliance,
development of the lease of power
privilege, design reviews, construction
oversight, and any other associated
documents, would be the expense of the
lessee. In addition, the lessee would be
required to make annual lease payments
to the United States for the use of a
Federal facility. This payment includes
a demand, energy and administrative
component. The total of the three (3)
components for Fiscal Year 2008 would
have resulted in an estimated lease
payment between five (5) to seven (7)
mils per kWh depending on the lessee’s
powerplant capacity and gross
generation. The three lease payment
components will be recalculated on an
annual basis. Additional information
regarding the annual lease payment will
be made available upon formal request
through the Lease of Power Privilege
Coordinator.
Proposal Content Guidelines:
Interested parties should submit one or
more proposals explaining in as precise
detail as is practicable how the
hydropower potential at each site would
be developed. Factors which proposals
should consider and address include,
but are not limited to, the following:
A. Provide all information relevant to
the qualifications of the proposing
entity to plan and implement such a
project, including, but not limited to,
information about preference status,
type of organization, length of time in
business, experience in funding, design
and construction of similar projects,
industry rating(s) that indicate financial
soundness and/or technical and
managerial capability, experience of key
management personnel, history of any
reorganizations or mergers with other
companies, safety record, and any other
information that demonstrates the
interested entity’s organizational,
technical and financial ability to
perform all aspects of the work. Include
a discussion of past experience in
operating and maintaining similar
facilities and provide references as
appropriate. The term ‘‘preference
entity,’’ as applied to a lease of power
privilege, means an entity qualifying for
preference under Section 9c of the 1939
Act, as a municipality, public
corporation or agency, or cooperative or
other nonprofit organization financed in
whole or in part by loans made pursuant
to the Rural Electrification Act of 1936,
as amended.
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21401
B. Provide geographical locations and
describe principal structures and other
important features of the proposed
development including roads and
transmission lines. Estimate and
describe installed capacity and the
capacity of the power facilities under
dry, average, and wet hydrological
conditions. Also describe seasonal or
annual generation patterns. Include
estimates of the amount of electrical
energy that would be produced from
each facility for each month of average,
dry, and wet water years. If capacity and
energy can be delivered to another
location, either by the proposing entity
or by potential wheeling agents, specify
where capacity and energy can be
delivered. Include concepts for power
sales and contractual arrangements,
involved parties and the proposed
approach to wheeling if required.
C. Indicate title arrangements and the
ability to acquire title to or the right to
occupy and use lands necessary for the
proposed development, including such
additional lands as may be required
during construction.
D. Identify water rights applicable to
the operation of the proposed
development, the holder of such rights,
and how these rights would be acquired
or perfected.
E. Discuss any studies necessary to
adequately define impacts on the C–BTP
and the environment required by the
development. Describe any significant
environmental issues associated with
the development and the proposing
entity’s approach for gathering relevant
data and resolving such issues to protect
and enhance the quality of the
environment. Explain any proposed use
of the hydropower development for
conservation and utilization of the
available water resources in the public
interest.
F. Describe anticipated contractual
arrangements with the entity or entities
having operation and maintenance
responsibility for the C–BTP feature(s)
that are proposed for utilization in the
hydropower development under
consideration. Define how the
hydropower development would
operate in harmony with the C–BTP, not
impact C–BTP operations, existing
applicable contracts related to operation
and maintenance of C–BTP feature(s)
that are proposed for utilization in the
hydropower development under
consideration, and any other applicable
water-related contracts.
G. Identify the organizational
structure planned for the long-term
operation and maintenance of any
proposed hydropower development.
H. Provide a management plan to
accomplish such activities as planning,
E:\FR\FM\07MYN1.SGM
07MYN1
21402
Federal Register / Vol. 74, No. 87 / Thursday, May 7, 2009 / Notices
NEPA compliance, lease of power
privilege development, design,
construction, facility testing, and start of
hydropower production. Prepare
schedules of these activities as
applicable. Describe what studies are
necessary to accomplish the
hydroelectric power development and
how the studies would be implemented.
I. Estimate development cost. This
cost should include all investment costs
such as the cost of studies to determine
feasibility, NEPA compliance, design,
construction, associated bonding and
financing as well as the amortized
annual cost of the investment; also, the
annual operation, maintenance, and
replacement expense for the
hydropower development; lease
payments to the United States; and
expenses that may be associated with
the C–BTP. If there are additional
transmission or wheeling expenses
associated with the development of the
hydropower development, these should
be included. Identify proposed methods
of financing and hydropower
development. An economic analysis
should be presented that compares the
present worth of all benefits and costs
of the hydropower development.
Selection of Lessee: Reclamation will
evaluate proposals received in response
to this published notice.
Reclamation will give more favorable
consideration to proposals that (1) are
well-adapted to developing, conserving,
and utilizing the water and natural
resources, (2) clearly demonstrate that
the offeror is qualified to develop the
hydropower facility and provide for
long-term operation and maintenance,
and (3) develop the hydropower
potential economically. A proposal will
be deemed unacceptable if it is
inconsistent with C–BTP purposes, as
determined by Reclamation.
Reclamation will give preference to
those entities that qualify as preference
entities (as defined under PROPOSAL
CONTENT GUIDELINES, item A.)
provided that their proposal is at least
as well-adapted to developing,
conserving, and utilizing the water and
natural resources as other submitted
proposals and that the preference entity
is well qualified. Preference entities
would be allowed 90 days to improve
their proposals, if necessary, to be made
at least equal to a proposal that may
have been submitted by a nonpreference entity.
Power Purchasing and/or Marketing
Considerations: Western would have the
first opportunity to purchase and/or
market the power that would be
generated by the project under a lease of
power privilege. Western will consult
with Reclamation on such power
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purchasing and/or marketing
considerations.
In the event Western elects to not
purchase and/or market the power
generated by the hydropower
development or such a decision cannot
be made prior to execution of the lease
of power privilege, the lessee would be
responsible for marketing the power
generated by the project with priority
given to preference entities as heretofore
defined in PROPOSAL CONTENT
GUIDELINES, item A.
Notice and Time Period to Enter Into
Lease of Power Privilege: Reclamation
will notify, in writing, all entities
submitting proposals of Reclamation’s
decision regarding selection of the
potential lessee. The selected potential
lessee will have five years from the date
of such notification to enter into a lease
of power privilege for the site or sites
identified in the proposal. Such leases
of power privilege will state whether
and how Western will be involved in
purchasing and/or marketing the power.
Any excessive delay resulting from
compliance with the provisions of
Federal environment laws or
administrative review by a Federal
agency, pertaining to the project, may
extend the five year time period for a
period equal to that of the delay. In the
event of litigation related to the
proposed project, the five year time
period will be extended for a period
equal to that of the delay, provided such
litigation was initiated by parties other
than the selected potential lessee or its
employees, officers, agents, assigns,
shareholders, customers or persons or
groups served by or in privity with the
potential lessee.
Dated: April 15, 2009.
Michael J. Ryan,
Regional Director
[FR Doc. E9–10599 Filed 5–6–09; 8:45 am]
BILLING CODE 4310–MN–P
In this action the United States, State
of Washington, Puyallup Tribe of
Indians and Muckleshoot Indian Tribe
sought natural resource damages for
releases of hazardous substances into
Commencement Bay, Washington.
Under the consent decree, defendants
will undertake a habitat restoration
project in the Hylebos Waterway of
Commencement Bay and reimburse
$1,550,000 in natural resource damage
assessment costs.
For thirty (30) days after the date of
this publication, the Department of
Justice will receive comments relating to
the Consent Decree. Comments should
be addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and either e-mailed
to pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611. In either case, the
comments should refer to United States,
et al. v. Occidental Chemical Corp., et
al., No. 09–cv–5246, D.J. Ref. No. 90–
11–2–1049/13.
During the comment period, the
Consent Decree may be examined on the
following Department of Justice Web
site: https://www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Consent Decree may also be obtained by
mail from the Consent Decree Library,
P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044–7611, or
by faxing or e-mailing a request to Tonia
Fleetwood (tonia.fleetwood@usdoj.gov),
fax no. (202) 514–0097, phone
confirmation number (202) 514–1547. In
requesting a copy from the Consent
Decree Library, please enclose a check
in the amount of $24.75 (25 cents per
page reproduction cost) payable to the
United States Treasury or, if by e-mail
or fax, forward a check in that amount
to the Consent Decree Library at the
stated address.
Maureen Katz,
Assistant Section Chief Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. E9–10548 Filed 5–6–09; 8:45 am]
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response,
Compensation, and Liability Act
BILLING CODE 4410–15–P
Notice is hereby given that on April
28, 2009, a proposed consent decree in
United States, et al., v. Occidental
Chemical Corp., Pioneer Americas, LLC,
Mariana Properties, Inc., Detrex Corp.,
Sound Refining, Inc. and SRI
Acquisition Corp., No. 09–cv–5246, was
lodged with the United States District
Court for the Western District of
Washington.
Antitrust Division
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DEPARTMENT OF JUSTICE
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—American Society of
Mechanical Engineers
Notice is hereby given that, on April
17, 2009, pursuant to Section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
E:\FR\FM\07MYN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 87 (Thursday, May 7, 2009)]
[Notices]
[Pages 21400-21402]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10599]
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DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Notice of Intent To Contract for Hydroelectric Power Development
at the Carter Lake Dam Outlet, a Feature of the Colorado-Big Thompson
Project (C-BTP), Colorado
AGENCY: Bureau of Reclamation, Department of the Interior.
ACTION: Notice of intent to accept proposals, select one lessee, and
contract for hydroelectric power development at Carter Lake Dam Outlet.
-----------------------------------------------------------------------
SUMMARY: Current Federal policy encourages non-Federal development of
electrical power resource potential on Federal water resource projects.
The Department of the Interior, acting through the Bureau of
Reclamation (Reclamation) will consider proposals for non-Federal
development of hydroelectric power at Carter Lake Dam Outlet of the C-
BTP, Colorado. Reclamation is considering such hydroelectric power
development under a lease of power privilege. No Federal funds will be
available for such hydroelectric power development. The Western Area
Power Administration (Western) would have the first opportunity to
purchase and/or market the power that would be generated by such
development under a lease of power privilege. The C-BTP is a
Reclamation project. This Notice presents background information,
proposal content guidelines, information concerning selection of one or
more non-Federal entities to develop hydroelectric power at Carter Lake
Dam Outlet, and power purchasing and/or marketing considerations.
Interested entities are invited to submit a proposal on this project.
DATES: A written proposal and seven copies must be submitted on or
before 12 p.m. (MST), on September 18, 2009. A proposal will be
considered timely only if it is received in the office of the Lease of
Power Privilege Coordinator by or before 12 p.m. (MST) on the
designated date. Interested entities are cautioned that delayed
delivery to this office due to failures or misunderstandings of the
entity and/or of mail, overnight, or courier services will not excuse
lateness and, accordingly, are advised to provide sufficient time for
delivery. Late proposals will not be considered.
ADDRESSES: Written proposals and seven copies should be sent to Mr.
George Gliko, Lease of Power Privilege Coordinator (GP-2200), Bureau of
Reclamation, Great Plains Regional Office (GP-2200), P.O. Box 36900,
Billings, MT 59107-6900.
Information related to Western's purchasing and/or marketing the
power may be obtained at Western Area Power Administration, Rocky
Mountain Region, Attn: Dave Neumayer, Power Marketing Manager, 5555
East Crossroads Blvd., Loveland, Colorado 80538, Telephone: (970) 461-
7322.
Information related to the operation and maintenance of Carter Lake
Dam and Reservoir and the St. Vrain Canal may be obtained at Northern
Colorado Water Conservancy District, 220 Water Avenue, Berthoud,
Colorado 80513, Telephone: (970) 532-7700.
FOR FURTHER INFORMATION CONTACT: Mr. George Gliko at (406) 247-7651.
Reclamation will be available to meet with interested entities only
upon written request to the Lease of Power Privilege Coordinator at the
above address. Reclamation reserves the right to schedule a single
meeting and/or visit to address at once the questions of all entities
that have submitted questions or requested site visits.
SUPPLEMENTARY INFORMATION:
The C-BTP, located in central Colorado, was authorized for
construction, including hydroelectric power, by the Department of the
Interior
[[Page 21401]]
Appropriations Act, 1938 (1938 Act), Public Law 75-249, 50 Stat. 564
(August 9, 1937). Specifically, the 1938 Act appropriates funds for the
Project's ``construction in accordance with the plan described in
Senate Document No. 80, Seventy-fifth Congress, First Session * * *''
50 Stat. 595. As part of the C-BTP, the United States constructed
Carter Lake Dam and the St. Vrain Supply Canal, which carries water
south from the Carter Lake Dam Outlet to the vicinity of Lyons,
Colorado. The Northern Colorado Water Conservancy District (District),
under its contracts with the United States, has certain operation,
maintenance, replacement, and repayment responsibilities and
obligations concerning the C-BTP, which includes such responsibility
for Carter Lake Dam and Reservoir and the recently transferred St.
Vrain Supply Canal.
Reclamation is considering hydroelectric power development at
Carter Lake Dam Outlet through a lease of power privilege. A lease of
power privilege is a congressionally authorized alternative to Federal
hydroelectric power development. A lease of power privilege grants to a
non-Federal entity the right to utilize, consistent with C-BTP
purposes, water power head or storage at and/or operationally in
conjunction with the C-BTP, for non-Federal electric power generation
and sale by the entity. Leases of power privilege have terms not to
exceed 40 years. The general authority for lease of power privilege
under Reclamation law includes, among others, the Town Sites and Power
Development Act of 1906 (43 U.S.C. 522) and the Reclamation Project Act
of 1939 (43 U.S.C. 485h(c)) (1939 Act). Congress authorized hydropower
development for the C-BTP in Public Law 95-249. Reclamation will be the
lead Federal agency for ensuring compliance with the National
Environmental Policy Act (NEPA) of any lease of power privilege
considered in response to this Notice. Leases of power privilege may be
issued only when Reclamation, upon completion of the NEPA process,
determines that the affected hydroelectric power sites are
environmentally acceptable. Any lease of power privilege at Carter Lake
Dam Outlet must accommodate existing contractual commitments related to
operation and maintenance of such existing facilities.
Western would have the first opportunity to purchase and/or market
the power that would be generated under any lease of power privilege.
Under this process, Western would either purchase and market the power
as Loveland Area Power (LAP) power or market the power independently by
first offering it to preference entities and secondly to non-preference
entities.
All costs incurred by the United States related to development and
operation and maintenance under a lease of power privilege, including
but not limited to NEPA compliance, development of the lease of power
privilege, design reviews, construction oversight, and any other
associated documents, would be the expense of the lessee. In addition,
the lessee would be required to make annual lease payments to the
United States for the use of a Federal facility. This payment includes
a demand, energy and administrative component. The total of the three
(3) components for Fiscal Year 2008 would have resulted in an estimated
lease payment between five (5) to seven (7) mils per kWh depending on
the lessee's powerplant capacity and gross generation. The three lease
payment components will be recalculated on an annual basis. Additional
information regarding the annual lease payment will be made available
upon formal request through the Lease of Power Privilege Coordinator.
Proposal Content Guidelines: Interested parties should submit one
or more proposals explaining in as precise detail as is practicable how
the hydropower potential at each site would be developed. Factors which
proposals should consider and address include, but are not limited to,
the following:
A. Provide all information relevant to the qualifications of the
proposing entity to plan and implement such a project, including, but
not limited to, information about preference status, type of
organization, length of time in business, experience in funding, design
and construction of similar projects, industry rating(s) that indicate
financial soundness and/or technical and managerial capability,
experience of key management personnel, history of any reorganizations
or mergers with other companies, safety record, and any other
information that demonstrates the interested entity's organizational,
technical and financial ability to perform all aspects of the work.
Include a discussion of past experience in operating and maintaining
similar facilities and provide references as appropriate. The term
``preference entity,'' as applied to a lease of power privilege, means
an entity qualifying for preference under Section 9c of the 1939 Act,
as a municipality, public corporation or agency, or cooperative or
other nonprofit organization financed in whole or in part by loans made
pursuant to the Rural Electrification Act of 1936, as amended.
B. Provide geographical locations and describe principal structures
and other important features of the proposed development including
roads and transmission lines. Estimate and describe installed capacity
and the capacity of the power facilities under dry, average, and wet
hydrological conditions. Also describe seasonal or annual generation
patterns. Include estimates of the amount of electrical energy that
would be produced from each facility for each month of average, dry,
and wet water years. If capacity and energy can be delivered to another
location, either by the proposing entity or by potential wheeling
agents, specify where capacity and energy can be delivered. Include
concepts for power sales and contractual arrangements, involved parties
and the proposed approach to wheeling if required.
C. Indicate title arrangements and the ability to acquire title to
or the right to occupy and use lands necessary for the proposed
development, including such additional lands as may be required during
construction.
D. Identify water rights applicable to the operation of the
proposed development, the holder of such rights, and how these rights
would be acquired or perfected.
E. Discuss any studies necessary to adequately define impacts on
the C-BTP and the environment required by the development. Describe any
significant environmental issues associated with the development and
the proposing entity's approach for gathering relevant data and
resolving such issues to protect and enhance the quality of the
environment. Explain any proposed use of the hydropower development for
conservation and utilization of the available water resources in the
public interest.
F. Describe anticipated contractual arrangements with the entity or
entities having operation and maintenance responsibility for the C-BTP
feature(s) that are proposed for utilization in the hydropower
development under consideration. Define how the hydropower development
would operate in harmony with the C-BTP, not impact C-BTP operations,
existing applicable contracts related to operation and maintenance of
C-BTP feature(s) that are proposed for utilization in the hydropower
development under consideration, and any other applicable water-related
contracts.
G. Identify the organizational structure planned for the long-term
operation and maintenance of any proposed hydropower development.
H. Provide a management plan to accomplish such activities as
planning,
[[Page 21402]]
NEPA compliance, lease of power privilege development, design,
construction, facility testing, and start of hydropower production.
Prepare schedules of these activities as applicable. Describe what
studies are necessary to accomplish the hydroelectric power development
and how the studies would be implemented.
I. Estimate development cost. This cost should include all
investment costs such as the cost of studies to determine feasibility,
NEPA compliance, design, construction, associated bonding and financing
as well as the amortized annual cost of the investment; also, the
annual operation, maintenance, and replacement expense for the
hydropower development; lease payments to the United States; and
expenses that may be associated with the C-BTP. If there are additional
transmission or wheeling expenses associated with the development of
the hydropower development, these should be included. Identify proposed
methods of financing and hydropower development. An economic analysis
should be presented that compares the present worth of all benefits and
costs of the hydropower development.
Selection of Lessee: Reclamation will evaluate proposals received
in response to this published notice.
Reclamation will give more favorable consideration to proposals
that (1) are well-adapted to developing, conserving, and utilizing the
water and natural resources, (2) clearly demonstrate that the offeror
is qualified to develop the hydropower facility and provide for long-
term operation and maintenance, and (3) develop the hydropower
potential economically. A proposal will be deemed unacceptable if it is
inconsistent with C-BTP purposes, as determined by Reclamation.
Reclamation will give preference to those entities that qualify as
preference entities (as defined under PROPOSAL CONTENT GUIDELINES, item
A.) provided that their proposal is at least as well-adapted to
developing, conserving, and utilizing the water and natural resources
as other submitted proposals and that the preference entity is well
qualified. Preference entities would be allowed 90 days to improve
their proposals, if necessary, to be made at least equal to a proposal
that may have been submitted by a non-preference entity.
Power Purchasing and/or Marketing Considerations: Western would
have the first opportunity to purchase and/or market the power that
would be generated by the project under a lease of power privilege.
Western will consult with Reclamation on such power purchasing and/or
marketing considerations.
In the event Western elects to not purchase and/or market the power
generated by the hydropower development or such a decision cannot be
made prior to execution of the lease of power privilege, the lessee
would be responsible for marketing the power generated by the project
with priority given to preference entities as heretofore defined in
PROPOSAL CONTENT GUIDELINES, item A.
Notice and Time Period to Enter Into Lease of Power Privilege:
Reclamation will notify, in writing, all entities submitting proposals
of Reclamation's decision regarding selection of the potential lessee.
The selected potential lessee will have five years from the date of
such notification to enter into a lease of power privilege for the site
or sites identified in the proposal. Such leases of power privilege
will state whether and how Western will be involved in purchasing and/
or marketing the power. Any excessive delay resulting from compliance
with the provisions of Federal environment laws or administrative
review by a Federal agency, pertaining to the project, may extend the
five year time period for a period equal to that of the delay. In the
event of litigation related to the proposed project, the five year time
period will be extended for a period equal to that of the delay,
provided such litigation was initiated by parties other than the
selected potential lessee or its employees, officers, agents, assigns,
shareholders, customers or persons or groups served by or in privity
with the potential lessee.
Dated: April 15, 2009.
Michael J. Ryan,
Regional Director
[FR Doc. E9-10599 Filed 5-6-09; 8:45 am]
BILLING CODE 4310-MN-P
