Conformed Power Marketing Criteria or Regulations for the Boulder Canyon Project, 35671-35676 [2012-14572]
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Federal Register / Vol. 77, No. 115 / Thursday, June 14, 2012 / Notices
Wind III, LLC application for marketbased 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
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 June 21,
2012.
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 Street 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 email notification when a
document is added to a subscribed
docket(s). For assistance with any FERC
Online service, please email
FERCOnlineSupport@ferc.gov or call
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
Dated: June 1, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012–14519 Filed 6–13–12; 8:45 am]
BILLING CODE 6717–01–P
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FERCOnlineSupport@ferc.gov or call
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. ER12–1916–000]
RE McKenzie 5 LLC; Supplemental
Notice That Initial Market-Based Rate
Filing Includes Request for Blanket
Section 204 Authorization
This is a supplemental notice in the
above-referenced proceeding of RE
McKenzie 5 LLC application for marketbased 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
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 June 21,
2012.
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 Street 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 email notification when a
document is added to a subscribed
docket(s). For assistance with any FERC
Online service, please email
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35671
Dated: June 1, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012–14514 Filed 6–13–12; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Western Area Power Administration
Conformed Power Marketing Criteria or
Regulations for the Boulder Canyon
Project
Western Area Power
Administration, DOE.
ACTION: Conformance of power
marketing criteria in accordance with
the Hoover Power Allocation Act of
2011.
AGENCY:
The Western Area Power
Administration (Western), a Federal
power marketing agency of the
Department of Energy (DOE), is
modifying Part C of its Conformed
General Consolidated Power Marketing
Criteria or Regulations for Boulder City
Area Projects (1984 Conformed Criteria)
published in the Federal Register on
December 28, 1984, as required by the
Hoover Power Allocation Act of 2011
(HPAA) described herein. This
modification will result in the
conformance of the 1984 Conformed
Criteria to the HPAA. The 2012
Conformed General Consolidated Power
Marketing Criteria or Regulations for
Boulder City Area Projects (2012
Conformed Criteria) will provide the
basis for marketing the long-term
hydroelectric resources of the Boulder
Canyon Project (BCP) beyond September
30, 2017, when Western’s current
electric service contracts expire.
Additional power marketing criteria for
new allocations will be established by
Western through a subsequent public
process. This Federal Register notice
(FRN) is not a call for applications. A
call for applications from those
interested in an allocation of BCP power
will be provided for in a future notice.
DATES: The 2012 Conformed Criteria
will become effective July 16, 2012.
ADDRESSES: Information regarding the
2012 Conformed Criteria is available for
public inspection at the Desert
Southwest Customer Service Regional
Office, Western Area Power
Administration, 615 South 43rd
Avenue, Phoenix, AZ 85005 or at its
Web site: https://www.wapa.gov/dsw/
pwrmkt.
SUMMARY:
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Federal Register / Vol. 77, No. 115 / Thursday, June 14, 2012 / Notices
Mr.
Mike Simonton, Public Utilities
Specialist, Desert Southwest Region,
Western Area Power Administration,
P.O. Box 6457, Phoenix, AZ 85005,
telephone (602) 605–2675, email
Post2017BCP@wapa.gov.
SUPPLEMENTARY INFORMATION:
The BCP was authorized by the
Boulder Canyon Project Act of 1928
(Act) (43 U.S.C. 617). Under Section 5
of the Act, the Secretary of the Interior
marketed the capacity and energy from
the BCP under electric service contracts
effective through May 31, 1987. On
December 28, 1984, Western published
the 1984 Conformed Criteria (49 FR
50582) to implement applicable
provisions of the Hoover Power Plant
Act of 1984 (43 U.S.C. 619) for the
marketing of BCP power through
September 30, 2017. On December 20,
2011, Congress enacted the Hoover
Power Allocation Act of 2011 (Pub. L.
112–72), which provides direction and
guidance in several key aspects of
marketing BCP power after the existing
contracts expire in 2017.
Section 2(f) of the HPAA provides
that Subdivision C of the 1984
Conformed Criteria shall be deemed to
have been modified to conform to the
HPAA, and the Secretary of Energy shall
cause to be included in the Federal
Register notice conforming the text of
the regulations to such modifications.
This FRN conforms the text of the 1984
Conformed Criteria, as appropriate, to
the HPAA.
Public Land Management Act of 2009
(Pub. L. 111–11; 123 Stat.1327)), and to
execute the Boulder Canyon Project
Implementation Agreement Contract No.
95–PAO–10616 (Implementation
Agreement).
(2) Section 2(g)(1)(A) that requires
each contract offered shall expire on
September 30, 2067.
(3) Section 2(g)(2)(A) that prescribes
the contract offered to the Metropolitan
Water District of Southern California
(MWD) will not restrict use of capacity
and energy, provided that to the extent
practicable and consistent with sound
water management and conservation
practice, MWD shall allocate such
capacity and energy to pump available
Colorado River water prior to using such
capacity and energy to pump California
State project water.
(4) Section 2(g)(4) that requires each
contract offered shall (i) authorize and
require Western to collect from new
allottees a pro rata share of Hoover Dam
repayable advances paid for by
contractors prior to October 1, 2017, and
remit such amounts to the contractors
that paid such advances in proportion to
the amounts paid by such contractors as
specified in Section 6.4 of the
Implementation Agreement; (ii) permit
transactions with an independent
system operator; and (iii) contain the
same material terms included in Section
5.6 of the current BCP firm electric
service power sales contracts in
existence on December 20, 2011, the
date of enactment of the HPAA.
Description of Revisions to Subdivision
C of the 1984 Conformed Criteria
Required by the Enactment of HPAA
Part VI. Boulder Canyon Project
Part VI of the 1984 Conformed Criteria
is replaced in its entirety in order to
conform to and facilitate the following
provisions of Section 2 of the HPAA:
(1) Section 2(a) that provides for
contract offers to existing Schedule A
contractors in predefined contract
quantities for delivery commencing
October 1, 2017.
(2) Section 2(b) that provides for
contract offers to existing Schedule B
contractors in predefined contract
quantities for delivery commencing
October 1, 2017.
(3) Section 2(c) that provides for
excess energy provisions for deliveries
commencing October 1, 2017.
(4) Section 2(d)(2) that provides for
the following:
(i) The creation of a resource pool
equal to 5 percent of BCP’s full rated
capacity of 2,074,000 kilowatts, and
associated firm energy, as depicted in
Schedule D. Western shall offer
prescribed portions of Schedule D
contingent capacity and firm energy to
entities not receiving contingent
capacity and firm energy under
FOR FURTHER INFORMATION CONTACT:
Part 1. General
Section A—Purpose and Scope
A reference to HPAA has been
integrated into the purpose and scope
section.
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Section B—Authorities
The HPAA has been added to the
listed authorities.
Section C—Contractual Information
The section has been updated to
incorporate the following provisions of
HPAA:
(1) Section 2(d)(2)(E) that requires
each contract offered pursuant to
Schedule D shall include a provision
requiring the new allottee to pay a
proportionate share of its State’s
respective contribution (determined in
accordance with each State’s applicable
funding agreement) to the cost of the
Lower Colorado River Multi-Species
Conservation Program (MSCP) (as
defined in Section 9401 of the Omnibus
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Schedule A and/or Schedule B for
deliveries commencing October 1, 2017.
(ii) Additional guidance related to the
disposition of contingent capacity and
firm energy to existing contractors and
potential new allottees as described in
the 2012 Conformed Criteria.
(iii) Guidance related to the
disposition Schedule D contingent
capacity and firm energy that is not
allocated and contracted for prior to
October 1, 2017, as described in the
2012 Conformed Criteria.
(5) Section 2(i) that provides guidance
in the event any existing contractor fails
to accept an offered contract as
described in the 2012 Conformed
Criteria.
(6) Section 2(j) that provides guidance
regarding Western’s obligations in the
event water is not available to produce
the contingent capacity and firm energy
set forth in Schedule A, Schedule B, and
Schedule D, as described in the 2012
Conformed Criteria.
Regulatory Procedure Requirements
Determination Under Executive Order
12866
Western has an exemption from
centralized regulatory review under
Executive Order 12866; accordingly, no
clearance of this notice by the Office of
Management and Budget is required.
Environmental Compliance
In accordance with the DOE National
Environmental Policy Act Implementing
Procedures (10 CFR 1021), Western has
determined that these actions fit within
a class of action B4.1 Contracts, policies,
and marketing and allocation plans for
electric power, in Appendix B to
Subpart D to Part 1021—Categorical
Exclusions Applicable to Specific
Agency Actions.
Revised 2012 Conformed Criteria
Part I and Part VI of Section C of the
1984 Conformed Criteria are amended to
read as follows:
C. Conformed General Consolidated Power
Marketing Criteria or Regulations for Desert
Southwest Region Projects
Part I. General
Section A. Purpose and Scope. In
accordance with Federal power marketing
authorities in Reclamation Law and the
Department of Energy Organization Act of
1977, Western has developed and, pursuant
to the Hoover Power Allocation Act of 2011
(Pub. L. 112–72) (HPAA), has modified the
Conformed General Consolidated Power
Marketing Criteria or Regulations for Boulder
City Area Projects (1984 Conformed Criteria)
published in the Federal Register (49 FR
50582) on December 28, 1984. These 2012
Conformed Criteria establish general
marketing principles for power generated at
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Federal Register / Vol. 77, No. 115 / Thursday, June 14, 2012 / Notices
Federal projects under the marketing
jurisdiction of Western’s Desert Southwest
Regional Office (DSW). This document will
serve as new general power marketing
criteria for the Boulder Canyon Project (BCP)
resource. Western may establish additional
power marketing criteria, as deemed
necessary and appropriate as determined by
Western, in a subsequent public process. The
power marketing criteria for the Parker-Davis
Project (PDP) and Central Arizona Project
(CAP) remain unchanged with the
implementation of the 2012 Conformed
Criteria. The establishment of these 2012
Conformed Criteria shall serve as
conformance of the 1984 Conformed Criteria
pursuant to Section 2 (f) of the HPAA.
Section B. Authorities. Federal power in
the Desert Southwest Region is marketed in
accordance with the power marketing
authorities in Federal Reclamation Law (Act
of June 17, 1902, (32 Stat. 388), and all acts
amendatory thereof or supplementary
thereto); the Department of Energy
Organization Act of 1977 (91 Stat. 565); and
in particular, those acts and amendments
enabling the Boulder Canyon Project (45 Stat.
1057); Hoover Power Plant Act of 1984 (Pub.
L. 98–381); Hoover Power Allocation Act of
2011 (Pub. L. 112–72); Parker-Davis Project
(49 Stat. 1028, 1039; 68 Stat. 143); and the
Colorado River Basin Project (82 Stat. 885).
Section C. Contractual Information. Power
contracts will be implemented as existing
contracts terminate. The existing BCP
contracts terminate on September 30, 2017.
Western will offer power contracts to each
contractor containing the terms and
conditions and any special provisions that
may be applicable to the power marketed
under the 2012 Conformed Criteria. The
contracts will identify the amounts of
capacity and energy to be delivered, the
point(s) of delivery, and the maximum rate
of delivery at each point of delivery. The
contracts will be prepared and modified as
necessary. Western shall endeavor to
maintain similar, if not identical, contractual
terms and conditions and any special
provisions amongst all BCP contractors.
Each long-term power service contract
entered into or amended shall contain
provisions requiring the contractor to
develop and implement energy conservation
measures as demonstrated in integrated
resource planning documents.
The PDP, CAP, and BCP projects shall be
operationally integrated to improve the
efficiency of the Federal system in
accordance with: the operational constraints
of the Colorado River, hydro-project power
plants, as may be imposed by the Secretary
of the Interior or authorized representatives;
applicable laws; the general terms,
conditions, and principles contained in these
2012 Conformed Criteria; and the General
Power Contract Provisions in effect.
Long-term contracts for BCP power will
commence on October 1, 2017, and terminate
on September 30, 2067.
Contingent capacity is capacity that is
normally available, except during either
forced or planned outages, or unit de-ratings
that affect power plant capability. All BCP
capacity shall be marketed by Western as
contingent capacity to the contractors.
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Western’s obligations to deliver BCP power
to the contractors will be subject to
availability of the water needed to produce
such contingent capacity and firm energy. In
the event that water is not available to
produce the contingent capacity and firm
energy set forth in Schedule A, Schedule B,
and Schedule D, Western shall adjust the
contingent capacity and firm energy offered
under those schedules in the same
proportion as those contractors’ allocations of
Schedule A, Schedule B, and Schedule D
contingent capacity and firm energy bears to
the full rated contingent capacity and firm
energy obligations.
Contracts for BCP power will allow for
reductions in capacity due to generating unit
outages or available capacity reductions
caused by forced outages, planned or
unplanned maintenance activities, or
reservoir drawdown. These reductions will
also be applied on a proportionate basis as
previously described.
Each BCP contractor will be required to
contractually agree to supply its own reserves
for power that meet or exceed the Western
Electricity Coordinating Council’s minimum
reserve requirements.
Each contract for BCP power will contain
a provision by which any dispute or
disagreement as to interpretation or
performance of the provisions of the Hoover
Power Allocation Act of 2011, or of
applicable regulations or of the contract may
be determined by arbitration or court
proceedings.
The contract offer to the Metropolitan
Water District of Southern California for BCP
capacity and energy will not restrict the use
to which capacity and energy contracted for
by the Metropolitan Water District of
Southern California may be placed within the
State of California; provided, that to the
extent practicable and consistent with sound
water management and conservation
practice, the Metropolitan Water District of
Southern California shall allocate such
capacity and energy to pump available
Colorado River water prior to using such
capacity and energy to pump California State
water project water.
Contracts offered shall contain the same
material terms included in Section 5.6 of
those long-term contracts for purchases from
the Hoover Power Plant that were made in
accordance with the Hoover Power Plant Act
of 1984 and are in existence as of December
20, 2011, the enactment date of the Hoover
Power Allocation Act of 2011. These
provisions outline the use of generation by
the contractor. Within the constraints of river
operation, each BCP power contractor is
permitted to schedule loaded and unloaded
synchronized generation, the sum of which
cannot exceed the amount of contingent
capacity reserved for the individual
contractor. To the extent that energy
entitlements are not exceeded, such
previously scheduled unloaded synchronized
generation may be used for regulation,
ramping, and spinning reserves through the
use of a dynamic signal. These functions will
be deployed by Western and the Bureau of
Reclamation (Reclamation), in cooperation
with the BCP power contractors, and
implemented by contract through written
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35673
operating or scheduling instructions. Energy
used for the purpose of supplying unloaded
synchronized generation to BCP power
contractors will be accounted for on a
monthly basis, and will be supplied by the
individual contractors through reductions in
energy deliveries, in subsequent months, or
as otherwise mutually agreed by Western and
the contractor, as specified in the power
contracts.
Whenever actual generation in any year is
less than the firm commitments (4,527.001
million kilowatt-hours (kWh)), such
deficiency shall be borne by the holders of
contracts in the ratio that the sum of the
quantities of firm energy to which each
contractor is entitled, to the total firm
commitments. Upon an individual
contractor’s request, Western will purchase
energy, if necessary, specifically for the
purpose of fulfilling the energy obligations
resulting from Schedule A, Schedule B, and
Schedule D allocations. Any costs incurred
as a result of the contractor’s request for
firming energy shall be borne solely by the
requesting contractor and will be reimbursed
in the year in which the costs were incurred.
The individual projects will remain
financially segregated for the purposes of
accounting and project repayment. The
Desert Southwest Region rate schedules for
each individual project will be developed to
satisfy cost recovery criteria for each project.
In general, the cost recovery criteria will
include components such as operation and
maintenance, replacements, betterments,
amortization of long-term debt with interest,
and other financial obligations of the project.
Until the end of the repayment period for the
CAP, BCP and PDP will provide for surplus
revenues by including the equivalent of 41⁄2
mills per kWh in the rates charged to
contractors in Arizona and by including the
equivalent of 21⁄2 mills per kWh in the rates
charged to contractors in California and
Nevada. After the repayment period of the
CAP, the equivalent of 21⁄2 mills per kWh
shall be included in the rates charged to all
contractors in Arizona, Nevada, and
California.
In order to allow Reclamation to comply
with required minimum water releases and to
allow Western to receive purchased energy
during offpeak load hours, all power
contractors may be required to schedule a
minimum rate of delivery during such
offpeak load hours. The percentage of energy
to be taken by the contractors at the
minimum scheduled rate of delivery shall be
established on a seasonal basis, and may be
increased or decreased as conditions dictate.
The monthly minimum rate of delivery for
each power contractor will be computed by
dividing the number of kilowatt-hours to be
taken during the month by a contractor at the
minimum rate of delivery, by the number of
offpeak load hours in the month. The number
of kilowatt-hours to be taken during offpeak
load hours at the minimum rate of delivery
will not exceed 25 percent of the contractor’s
monthly energy entitlement. Offpeak load
hours will be defined in the contracts based
on individual system characteristics.
No contractor shall sell for profit any of its
allocated capacity and energy to any
customer of the contractor for resale by that
customer.
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Federal Register / Vol. 77, No. 115 / Thursday, June 14, 2012 / Notices
collect such payments from new allottees or
existing contractors with an increased
allocation and remit such amounts to the
contractors that paid such advances in
proportion to the amounts paid by such
contractors as specified in Section 6.4 of the
Implementation Agreement.
Contract offers shall contain a provision
requiring the new allottee to pay a
proportionate share of its State’s respective
contribution (determined in accordance with
each State’s applicable funding agreement) to
the cost of the Lower Colorado River Multi-
Species Conservation Program (as defined in
Section 9401 of the Omnibus Public Land
Management Act of 2009 (Pub. L. 111–11;
123 Stat. 1327)).
Section B. Schedule B Long-Term
Contingent Power. Electric service contracts
for long-term contingent capacity and firm
energy under new terms and conditions will
be offered to existing Boulder Canyon Project
contractors in the following amounts:
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Parts II through V remain unchanged.
Part VI. Boulder Canyon Project
Section A. Schedule A Long-Term
Contingent Power. Electric service contracts
for long-term contingent capacity and firm
energy under new terms and conditions will
be offered to existing Boulder Canyon Project
contractors in the following amounts:
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Contracts for BCP power shall permit
transactions with an independent system
operator.
Contract offers shall contain a provision
requiring the new allottee to execute the
Boulder Canyon Project Implementation
Agreement Contract No. 95–PAO–10616
(Implementation Agreement).
Any new allottees or existing contractors
with an increased allocation shall be required
to pay a pro rata share of Hoover Dam
repayable advances paid for by contractors
prior to October 1, 2017. Western shall
Federal Register / Vol. 77, No. 115 / Thursday, June 14, 2012 / Notices
Contracts for the amounts of capacity and
associated energy for the States of Arizona
and Nevada resulting from Schedule B shall
be offered to the Arizona Power Authority
and the Colorado River Commission of
Nevada respectively, as the agency specified
by State law as the agent of such State for
purchasing power from the Boulder Canyon
Project.
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Section C. Energy in Excess of Firm
Commitments. Energy generated in any year
of operation in excess of 4,501.001 million
kilowatt-hours shall be delivered in the
following order:
SCHEDULE C—EXCESS ENERGY
Priority of excess energy
A. First: The first 200 million kWh for use within the State of Arizona; Provided, That in the event excess energy in the amount of 200 million
kWh is not generated during any year of operation, Arizona shall accumulate a first right to delivery of excess energy subsequently generated
in an amount not to exceed 600 million kWh, inclusive of the current year’s 200 million kWh. Said first right of delivery shall accrue at a rate
of 200 million kWh per year for each year excess energy in the amount of 200 million kWh is not generated, less amounts of excess energy
delivered.
B. Second: Meeting Hoover Dam contractual obligations under Section A (Schedule A), Section B (Schedule B), and Section D (Schedule D),
not to exceed 26 million kWh in each year of operation.
C. Third: Meeting the energy requirements of the States of Arizona, California, and Nevada; such available excess energy to be divided equally
among the three States.
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entities not receiving contingent capacity and
firm energy under Section A (Schedule A) or
Section B (Schedule B) (referred to herein as
‘‘New Allottees’’) for delivery commencing
October 1, 2017.
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Electric service contracts for long-term
contingent capacity and firm energy under
new terms and conditions will be offered to
eligible entities in the following amounts:
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Section D. Schedule D Long-term
Contingent Power. A resource pool of
contingent capacity and associated firm
energy is created for allocation by Western to
eligible entities. Western shall offer Schedule
D contingent capacity and firm energy to
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In the case of resources committed to New
Entities Allocated by State referred to in
Schedule D, the following is prescribed:
A. Western is allocating 11.1 percent of the
total Schedule D contingent capacity and
firm energy to the Arizona Power Authority
for allocation to New Allottees in the State
of Arizona, for delivery commencing October
1, 2017, for use in the Boulder City Area
marketing area.
B. Western is allocating 11.1 percent of the
total Schedule D contingent capacity and
firm energy to the Colorado River
Commission of Nevada for allocation to New
Allottees in the State of Nevada, for delivery
commencing October 1, 2017, for use in the
Boulder City Area marketing area.
C. Western shall allocate 11.1 percent of
the total Schedule D contingent capacity and
firm energy to New Allottees within the State
of California, for delivery commencing
October 1, 2017, for use in the Boulder City
Area marketing area.
Section E. General Marketing Criteria.
Western is establishing the following general
marketing criteria to be used in the allocation
of Schedule D contingent capacity and firm
energy:
A. General Eligibility Criteria
Western will apply the following general
eligibility criteria to applicants seeking a
power allocation:
(1) All qualified applicants must be eligible
to enter into contracts under Section 5 of the
Boulder Canyon Project Act (43 U.S.C. 617d)
or be Federally recognized Indian tribes.
(2) All qualified applicants must be located
within the established Boulder City Area
marketing area.
B. General Allocation Criteria
Western will apply the following general
allocation criteria to applicants seeking an
allocation of the 11.1 percent of Schedule D
contingent capacity and firm energy to New
Entities Allocated by State and the remaining
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66.7 percent of Schedule D contingent
capacity and firm energy:
(1) In the case of Arizona and Nevada,
Schedule D contingent capacity and firm
energy for New Allottees other than federally
recognized Indian tribes shall be offered
through the Arizona Power Authority and the
Colorado River Commission of Nevada,
respectively. Schedule D contingent capacity
and firm energy allocated to federally
recognized Indian tribes shall be contracted
for directly with Western.
(2) Western shall prescribe additional
marketing criteria developed pursuant to a
public process.
Section F. Contract Offer Schedule. In the
event that contract offers for Schedule A,
Schedule B, or Schedule D are not accepted
by existing contractors or new allottees, the
following shall determine the distribution of
the associated contingent capacity and firm
energy:
A. Schedule A and Schedule B
If any existing contractor fails to accept an
offered contract, Western shall offer the
contingent capacity and firm energy thus
available first to other entities in the same
State listed in Schedule A and Schedule B,
second to other entities listed in Schedule A
and Schedule B, third to other entities in the
same State that receive contingent capacity
and firm energy under Schedule D, and last
to other entities that receive contingent
capacity and firm energy under Schedule D.
B. Schedule D—66.7 Percent Allocated by
Western
Any of the 66.7 percent of Schedule D
contingent capacity and firm energy that is to
be allocated by Western that is not allocated
and placed under contract by October 1,
2017, shall be returned to those contractors
shown in Schedule A and Schedule B in the
same proportion as those contracts’
allocations of Schedule A and Schedule B
contingent capacity and firm energy.
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
C. Schedule D—33.3 Percent Allocated by
State
Any of the 33.3 percent of Schedule D
contingent capacity and firm energy that is to
be distributed within the States of Arizona,
Nevada, and California that is not allocated
and placed under contract by October 1,
2017, shall be returned to the Schedule A
and Schedule B contractors within the State
in which the Schedule D contingent capacity
and firm energy were to be distributed, in the
same proportion as those contractors’
allocations of Schedule A and Schedule B
contingent capacity and firm energy.
Parts VII through VIII remain
unchanged.
Dated: June 7, 2012.
Anthony H. Montoya,
Acting Administrator.
[FR Doc. 2012–14572 Filed 6–13–12; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9687–5]
Public Water System Supervision
Program Revision for the State of
Texas
United States Environmental
Protection Agency (EPA).
ACTION: Notice of tentative approval.
AGENCY:
Notice is hereby given that
the State of Texas is revising its
approved Public Water System
Supervision Program. Texas has
adopted the Lead and Copper Rule
(LCR) Short-Term Revisions. EPA has
determined that the proposed LCR
SUMMARY:
E:\FR\FM\14JNN1.SGM
14JNN1
EN14JN12.002</GPH>
pmangrum on DSK3VPTVN1PROD with NOTICES
35676
]]>Agencies
[Federal Register Volume 77, Number 115 (Thursday, June 14, 2012)]
[Notices]
[Pages 35671-35676]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14572]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Western Area Power Administration
Conformed Power Marketing Criteria or Regulations for the Boulder
Canyon Project
AGENCY: Western Area Power Administration, DOE.
ACTION: Conformance of power marketing criteria in accordance with the
Hoover Power Allocation Act of 2011.
-----------------------------------------------------------------------
SUMMARY: The Western Area Power Administration (Western), a Federal
power marketing agency of the Department of Energy (DOE), is modifying
Part C of its Conformed General Consolidated Power Marketing Criteria
or Regulations for Boulder City Area Projects (1984 Conformed Criteria)
published in the Federal Register on December 28, 1984, as required by
the Hoover Power Allocation Act of 2011 (HPAA) described herein. This
modification will result in the conformance of the 1984 Conformed
Criteria to the HPAA. The 2012 Conformed General Consolidated Power
Marketing Criteria or Regulations for Boulder City Area Projects (2012
Conformed Criteria) will provide the basis for marketing the long-term
hydroelectric resources of the Boulder Canyon Project (BCP) beyond
September 30, 2017, when Western's current electric service contracts
expire. Additional power marketing criteria for new allocations will be
established by Western through a subsequent public process. This
Federal Register notice (FRN) is not a call for applications. A call
for applications from those interested in an allocation of BCP power
will be provided for in a future notice.
DATES: The 2012 Conformed Criteria will become effective July 16, 2012.
ADDRESSES: Information regarding the 2012 Conformed Criteria is
available for public inspection at the Desert Southwest Customer
Service Regional Office, Western Area Power Administration, 615 South
43rd Avenue, Phoenix, AZ 85005 or at its Web site: https://www.wapa.gov/dsw/pwrmkt.
[[Page 35672]]
FOR FURTHER INFORMATION CONTACT: Mr. Mike Simonton, Public Utilities
Specialist, Desert Southwest Region, Western Area Power Administration,
P.O. Box 6457, Phoenix, AZ 85005, telephone (602) 605-2675, email
Post2017BCP@wapa.gov.
SUPPLEMENTARY INFORMATION:
The BCP was authorized by the Boulder Canyon Project Act of 1928
(Act) (43 U.S.C. 617). Under Section 5 of the Act, the Secretary of the
Interior marketed the capacity and energy from the BCP under electric
service contracts effective through May 31, 1987. On December 28, 1984,
Western published the 1984 Conformed Criteria (49 FR 50582) to
implement applicable provisions of the Hoover Power Plant Act of 1984
(43 U.S.C. 619) for the marketing of BCP power through September 30,
2017. On December 20, 2011, Congress enacted the Hoover Power
Allocation Act of 2011 (Pub. L. 112-72), which provides direction and
guidance in several key aspects of marketing BCP power after the
existing contracts expire in 2017.
Section 2(f) of the HPAA provides that Subdivision C of the 1984
Conformed Criteria shall be deemed to have been modified to conform to
the HPAA, and the Secretary of Energy shall cause to be included in the
Federal Register notice conforming the text of the regulations to such
modifications. This FRN conforms the text of the 1984 Conformed
Criteria, as appropriate, to the HPAA.
Description of Revisions to Subdivision C of the 1984 Conformed
Criteria Required by the Enactment of HPAA
Part 1. General
Section A--Purpose and Scope
A reference to HPAA has been integrated into the purpose and scope
section.
Section B--Authorities
The HPAA has been added to the listed authorities.
Section C--Contractual Information
The section has been updated to incorporate the following
provisions of HPAA:
(1) Section 2(d)(2)(E) that requires each contract offered pursuant
to Schedule D shall include a provision requiring the new allottee to
pay a proportionate share of its State's respective contribution
(determined in accordance with each State's applicable funding
agreement) to the cost of the Lower Colorado River Multi-Species
Conservation Program (MSCP) (as defined in Section 9401 of the Omnibus
Public Land Management Act of 2009 (Pub. L. 111-11; 123 Stat.1327)),
and to execute the Boulder Canyon Project Implementation Agreement
Contract No. 95-PAO-10616 (Implementation Agreement).
(2) Section 2(g)(1)(A) that requires each contract offered shall
expire on September 30, 2067.
(3) Section 2(g)(2)(A) that prescribes the contract offered to the
Metropolitan Water District of Southern California (MWD) will not
restrict use of capacity and energy, provided that to the extent
practicable and consistent with sound water management and conservation
practice, MWD shall allocate such capacity and energy to pump available
Colorado River water prior to using such capacity and energy to pump
California State project water.
(4) Section 2(g)(4) that requires each contract offered shall (i)
authorize and require Western to collect from new allottees a pro rata
share of Hoover Dam repayable advances paid for by contractors prior to
October 1, 2017, and remit such amounts to the contractors that paid
such advances in proportion to the amounts paid by such contractors as
specified in Section 6.4 of the Implementation Agreement; (ii) permit
transactions with an independent system operator; and (iii) contain the
same material terms included in Section 5.6 of the current BCP firm
electric service power sales contracts in existence on December 20,
2011, the date of enactment of the HPAA.
Part VI. Boulder Canyon Project
Part VI of the 1984 Conformed Criteria is replaced in its entirety
in order to conform to and facilitate the following provisions of
Section 2 of the HPAA:
(1) Section 2(a) that provides for contract offers to existing
Schedule A contractors in predefined contract quantities for delivery
commencing October 1, 2017.
(2) Section 2(b) that provides for contract offers to existing
Schedule B contractors in predefined contract quantities for delivery
commencing October 1, 2017.
(3) Section 2(c) that provides for excess energy provisions for
deliveries commencing October 1, 2017.
(4) Section 2(d)(2) that provides for the following:
(i) The creation of a resource pool equal to 5 percent of BCP's
full rated capacity of 2,074,000 kilowatts, and associated firm energy,
as depicted in Schedule D. Western shall offer prescribed portions of
Schedule D contingent capacity and firm energy to entities not
receiving contingent capacity and firm energy under Schedule A and/or
Schedule B for deliveries commencing October 1, 2017.
(ii) Additional guidance related to the disposition of contingent
capacity and firm energy to existing contractors and potential new
allottees as described in the 2012 Conformed Criteria.
(iii) Guidance related to the disposition Schedule D contingent
capacity and firm energy that is not allocated and contracted for prior
to October 1, 2017, as described in the 2012 Conformed Criteria.
(5) Section 2(i) that provides guidance in the event any existing
contractor fails to accept an offered contract as described in the 2012
Conformed Criteria.
(6) Section 2(j) that provides guidance regarding Western's
obligations in the event water is not available to produce the
contingent capacity and firm energy set forth in Schedule A, Schedule
B, and Schedule D, as described in the 2012 Conformed Criteria.
Regulatory Procedure Requirements
Determination Under Executive Order 12866
Western has an exemption from centralized regulatory review under
Executive Order 12866; accordingly, no clearance of this notice by the
Office of Management and Budget is required.
Environmental Compliance
In accordance with the DOE National Environmental Policy Act
Implementing Procedures (10 CFR 1021), Western has determined that
these actions fit within a class of action B4.1 Contracts, policies,
and marketing and allocation plans for electric power, in Appendix B to
Subpart D to Part 1021--Categorical Exclusions Applicable to Specific
Agency Actions.
Revised 2012 Conformed Criteria
Part I and Part VI of Section C of the 1984 Conformed Criteria are
amended to read as follows:
C. Conformed General Consolidated Power Marketing Criteria or
Regulations for Desert Southwest Region Projects
Part I. General
Section A. Purpose and Scope. In accordance with Federal power
marketing authorities in Reclamation Law and the Department of
Energy Organization Act of 1977, Western has developed and, pursuant
to the Hoover Power Allocation Act of 2011 (Pub. L. 112-72) (HPAA),
has modified the Conformed General Consolidated Power Marketing
Criteria or Regulations for Boulder City Area Projects (1984
Conformed Criteria) published in the Federal Register (49 FR 50582)
on December 28, 1984. These 2012 Conformed Criteria establish
general marketing principles for power generated at
[[Page 35673]]
Federal projects under the marketing jurisdiction of Western's
Desert Southwest Regional Office (DSW). This document will serve as
new general power marketing criteria for the Boulder Canyon Project
(BCP) resource. Western may establish additional power marketing
criteria, as deemed necessary and appropriate as determined by
Western, in a subsequent public process. The power marketing
criteria for the Parker-Davis Project (PDP) and Central Arizona
Project (CAP) remain unchanged with the implementation of the 2012
Conformed Criteria. The establishment of these 2012 Conformed
Criteria shall serve as conformance of the 1984 Conformed Criteria
pursuant to Section 2 (f) of the HPAA.
Section B. Authorities. Federal power in the Desert Southwest
Region is marketed in accordance with the power marketing
authorities in Federal Reclamation Law (Act of June 17, 1902, (32
Stat. 388), and all acts amendatory thereof or supplementary
thereto); the Department of Energy Organization Act of 1977 (91
Stat. 565); and in particular, those acts and amendments enabling
the Boulder Canyon Project (45 Stat. 1057); Hoover Power Plant Act
of 1984 (Pub. L. 98-381); Hoover Power Allocation Act of 2011 (Pub.
L. 112-72); Parker-Davis Project (49 Stat. 1028, 1039; 68 Stat.
143); and the Colorado River Basin Project (82 Stat. 885).
Section C. Contractual Information. Power contracts will be
implemented as existing contracts terminate. The existing BCP
contracts terminate on September 30, 2017.
Western will offer power contracts to each contractor containing
the terms and conditions and any special provisions that may be
applicable to the power marketed under the 2012 Conformed Criteria.
The contracts will identify the amounts of capacity and energy to be
delivered, the point(s) of delivery, and the maximum rate of
delivery at each point of delivery. The contracts will be prepared
and modified as necessary. Western shall endeavor to maintain
similar, if not identical, contractual terms and conditions and any
special provisions amongst all BCP contractors.
Each long-term power service contract entered into or amended
shall contain provisions requiring the contractor to develop and
implement energy conservation measures as demonstrated in integrated
resource planning documents.
The PDP, CAP, and BCP projects shall be operationally integrated
to improve the efficiency of the Federal system in accordance with:
the operational constraints of the Colorado River, hydro-project
power plants, as may be imposed by the Secretary of the Interior or
authorized representatives; applicable laws; the general terms,
conditions, and principles contained in these 2012 Conformed
Criteria; and the General Power Contract Provisions in effect.
Long-term contracts for BCP power will commence on October 1,
2017, and terminate on September 30, 2067.
Contingent capacity is capacity that is normally available,
except during either forced or planned outages, or unit de-ratings
that affect power plant capability. All BCP capacity shall be
marketed by Western as contingent capacity to the contractors.
Western's obligations to deliver BCP power to the contractors
will be subject to availability of the water needed to produce such
contingent capacity and firm energy. In the event that water is not
available to produce the contingent capacity and firm energy set
forth in Schedule A, Schedule B, and Schedule D, Western shall
adjust the contingent capacity and firm energy offered under those
schedules in the same proportion as those contractors' allocations
of Schedule A, Schedule B, and Schedule D contingent capacity and
firm energy bears to the full rated contingent capacity and firm
energy obligations.
Contracts for BCP power will allow for reductions in capacity
due to generating unit outages or available capacity reductions
caused by forced outages, planned or unplanned maintenance
activities, or reservoir drawdown. These reductions will also be
applied on a proportionate basis as previously described.
Each BCP contractor will be required to contractually agree to
supply its own reserves for power that meet or exceed the Western
Electricity Coordinating Council's minimum reserve requirements.
Each contract for BCP power will contain a provision by which
any dispute or disagreement as to interpretation or performance of
the provisions of the Hoover Power Allocation Act of 2011, or of
applicable regulations or of the contract may be determined by
arbitration or court proceedings.
The contract offer to the Metropolitan Water District of
Southern California for BCP capacity and energy will not restrict
the use to which capacity and energy contracted for by the
Metropolitan Water District of Southern California may be placed
within the State of California; provided, that to the extent
practicable and consistent with sound water management and
conservation practice, the Metropolitan Water District of Southern
California shall allocate such capacity and energy to pump available
Colorado River water prior to using such capacity and energy to pump
California State water project water.
Contracts offered shall contain the same material terms included
in Section 5.6 of those long-term contracts for purchases from the
Hoover Power Plant that were made in accordance with the Hoover
Power Plant Act of 1984 and are in existence as of December 20,
2011, the enactment date of the Hoover Power Allocation Act of 2011.
These provisions outline the use of generation by the contractor.
Within the constraints of river operation, each BCP power contractor
is permitted to schedule loaded and unloaded synchronized
generation, the sum of which cannot exceed the amount of contingent
capacity reserved for the individual contractor. To the extent that
energy entitlements are not exceeded, such previously scheduled
unloaded synchronized generation may be used for regulation,
ramping, and spinning reserves through the use of a dynamic signal.
These functions will be deployed by Western and the Bureau of
Reclamation (Reclamation), in cooperation with the BCP power
contractors, and implemented by contract through written operating
or scheduling instructions. Energy used for the purpose of supplying
unloaded synchronized generation to BCP power contractors will be
accounted for on a monthly basis, and will be supplied by the
individual contractors through reductions in energy deliveries, in
subsequent months, or as otherwise mutually agreed by Western and
the contractor, as specified in the power contracts.
Whenever actual generation in any year is less than the firm
commitments (4,527.001 million kilowatt-hours (kWh)), such
deficiency shall be borne by the holders of contracts in the ratio
that the sum of the quantities of firm energy to which each
contractor is entitled, to the total firm commitments. Upon an
individual contractor's request, Western will purchase energy, if
necessary, specifically for the purpose of fulfilling the energy
obligations resulting from Schedule A, Schedule B, and Schedule D
allocations. Any costs incurred as a result of the contractor's
request for firming energy shall be borne solely by the requesting
contractor and will be reimbursed in the year in which the costs
were incurred.
The individual projects will remain financially segregated for
the purposes of accounting and project repayment. The Desert
Southwest Region rate schedules for each individual project will be
developed to satisfy cost recovery criteria for each project. In
general, the cost recovery criteria will include components such as
operation and maintenance, replacements, betterments, amortization
of long-term debt with interest, and other financial obligations of
the project. Until the end of the repayment period for the CAP, BCP
and PDP will provide for surplus revenues by including the
equivalent of 4\1/2\ mills per kWh in the rates charged to
contractors in Arizona and by including the equivalent of 2\1/2\
mills per kWh in the rates charged to contractors in California and
Nevada. After the repayment period of the CAP, the equivalent of
2\1/2\ mills per kWh shall be included in the rates charged to all
contractors in Arizona, Nevada, and California.
In order to allow Reclamation to comply with required minimum
water releases and to allow Western to receive purchased energy
during offpeak load hours, all power contractors may be required to
schedule a minimum rate of delivery during such offpeak load hours.
The percentage of energy to be taken by the contractors at the
minimum scheduled rate of delivery shall be established on a
seasonal basis, and may be increased or decreased as conditions
dictate. The monthly minimum rate of delivery for each power
contractor will be computed by dividing the number of kilowatt-hours
to be taken during the month by a contractor at the minimum rate of
delivery, by the number of offpeak load hours in the month. The
number of kilowatt-hours to be taken during offpeak load hours at
the minimum rate of delivery will not exceed 25 percent of the
contractor's monthly energy entitlement. Offpeak load hours will be
defined in the contracts based on individual system characteristics.
No contractor shall sell for profit any of its allocated
capacity and energy to any customer of the contractor for resale by
that customer.
[[Page 35674]]
Contracts for BCP power shall permit transactions with an
independent system operator.
Contract offers shall contain a provision requiring the new
allottee to execute the Boulder Canyon Project Implementation
Agreement Contract No. 95-PAO-10616 (Implementation Agreement).
Any new allottees or existing contractors with an increased
allocation shall be required to pay a pro rata share of Hoover Dam
repayable advances paid for by contractors prior to October 1, 2017.
Western shall collect such payments from new allottees or existing
contractors with an increased allocation and remit such amounts to
the contractors that paid such advances in proportion to the amounts
paid by such contractors as specified in Section 6.4 of the
Implementation Agreement.
Contract offers shall contain a provision requiring the new
allottee to pay a proportionate share of its State's respective
contribution (determined in accordance with each State's applicable
funding agreement) to the cost of the Lower Colorado River Multi-
Species Conservation Program (as defined in Section 9401 of the
Omnibus Public Land Management Act of 2009 (Pub. L. 111-11; 123
Stat. 1327)).
Parts II through V remain unchanged.
Part VI. Boulder Canyon Project
Section A. Schedule A Long-Term Contingent Power. Electric
service contracts for long-term contingent capacity and firm energy
under new terms and conditions will be offered to existing Boulder
Canyon Project contractors in the following amounts:
[GRAPHIC] [TIFF OMITTED] TN14JN12.000
Section B. Schedule B Long-Term Contingent Power. Electric
service contracts for long-term contingent capacity and firm energy
under new terms and conditions will be offered to existing Boulder
Canyon Project contractors in the following amounts:
[[Page 35675]]
[GRAPHIC] [TIFF OMITTED] TN14JN12.001
Contracts for the amounts of capacity and associated energy for
the States of Arizona and Nevada resulting from Schedule B shall be
offered to the Arizona Power Authority and the Colorado River
Commission of Nevada respectively, as the agency specified by State
law as the agent of such State for purchasing power from the Boulder
Canyon Project.
Section C. Energy in Excess of Firm Commitments. Energy
generated in any year of operation in excess of 4,501.001 million
kilowatt-hours shall be delivered in the following order:
Schedule C--Excess Energy
------------------------------------------------------------------------
Priority of excess energy
-------------------------------------------------------------------------
A. First: The first 200 million kWh for use within the State of Arizona;
Provided, That in the event excess energy in the amount of 200 million
kWh is not generated during any year of operation, Arizona shall
accumulate a first right to delivery of excess energy subsequently
generated in an amount not to exceed 600 million kWh, inclusive of the
current year's 200 million kWh. Said first right of delivery shall
accrue at a rate of 200 million kWh per year for each year excess
energy in the amount of 200 million kWh is not generated, less amounts
of excess energy delivered.
B. Second: Meeting Hoover Dam contractual obligations under Section A
(Schedule A), Section B (Schedule B), and Section D (Schedule D), not
to exceed 26 million kWh in each year of operation.
C. Third: Meeting the energy requirements of the States of Arizona,
California, and Nevada; such available excess energy to be divided
equally among the three States.
------------------------------------------------------------------------
Section D. Schedule D Long-term Contingent Power. A resource
pool of contingent capacity and associated firm energy is created
for allocation by Western to eligible entities. Western shall offer
Schedule D contingent capacity and firm energy to entities not
receiving contingent capacity and firm energy under Section A
(Schedule A) or Section B (Schedule B) (referred to herein as ``New
Allottees'') for delivery commencing October 1, 2017.
Electric service contracts for long-term contingent capacity and
firm energy under new terms and conditions will be offered to
eligible entities in the following amounts:
[[Page 35676]]
[GRAPHIC] [TIFF OMITTED] TN14JN12.002
In the case of resources committed to New Entities Allocated by
State referred to in Schedule D, the following is prescribed:
A. Western is allocating 11.1 percent of the total Schedule D
contingent capacity and firm energy to the Arizona Power Authority
for allocation to New Allottees in the State of Arizona, for
delivery commencing October 1, 2017, for use in the Boulder City
Area marketing area.
B. Western is allocating 11.1 percent of the total Schedule D
contingent capacity and firm energy to the Colorado River Commission
of Nevada for allocation to New Allottees in the State of Nevada,
for delivery commencing October 1, 2017, for use in the Boulder City
Area marketing area.
C. Western shall allocate 11.1 percent of the total Schedule D
contingent capacity and firm energy to New Allottees within the
State of California, for delivery commencing October 1, 2017, for
use in the Boulder City Area marketing area.
Section E. General Marketing Criteria. Western is establishing
the following general marketing criteria to be used in the
allocation of Schedule D contingent capacity and firm energy:
A. General Eligibility Criteria
Western will apply the following general eligibility criteria to
applicants seeking a power allocation:
(1) All qualified applicants must be eligible to enter into
contracts under Section 5 of the Boulder Canyon Project Act (43
U.S.C. 617d) or be Federally recognized Indian tribes.
(2) All qualified applicants must be located within the
established Boulder City Area marketing area.
B. General Allocation Criteria
Western will apply the following general allocation criteria to
applicants seeking an allocation of the 11.1 percent of Schedule D
contingent capacity and firm energy to New Entities Allocated by
State and the remaining 66.7 percent of Schedule D contingent
capacity and firm energy:
(1) In the case of Arizona and Nevada, Schedule D contingent
capacity and firm energy for New Allottees other than federally
recognized Indian tribes shall be offered through the Arizona Power
Authority and the Colorado River Commission of Nevada, respectively.
Schedule D contingent capacity and firm energy allocated to
federally recognized Indian tribes shall be contracted for directly
with Western.
(2) Western shall prescribe additional marketing criteria
developed pursuant to a public process.
Section F. Contract Offer Schedule. In the event that contract
offers for Schedule A, Schedule B, or Schedule D are not accepted by
existing contractors or new allottees, the following shall determine
the distribution of the associated contingent capacity and firm
energy:
A. Schedule A and Schedule B
If any existing contractor fails to accept an offered contract,
Western shall offer the contingent capacity and firm energy thus
available first to other entities in the same State listed in
Schedule A and Schedule B, second to other entities listed in
Schedule A and Schedule B, third to other entities in the same State
that receive contingent capacity and firm energy under Schedule D,
and last to other entities that receive contingent capacity and firm
energy under Schedule D.
B. Schedule D--66.7 Percent Allocated by Western
Any of the 66.7 percent of Schedule D contingent capacity and
firm energy that is to be allocated by Western that is not allocated
and placed under contract by October 1, 2017, shall be returned to
those contractors shown in Schedule A and Schedule B in the same
proportion as those contracts' allocations of Schedule A and
Schedule B contingent capacity and firm energy.
C. Schedule D--33.3 Percent Allocated by State
Any of the 33.3 percent of Schedule D contingent capacity and
firm energy that is to be distributed within the States of Arizona,
Nevada, and California that is not allocated and placed under
contract by October 1, 2017, shall be returned to the Schedule A and
Schedule B contractors within the State in which the Schedule D
contingent capacity and firm energy were to be distributed, in the
same proportion as those contractors' allocations of Schedule A and
Schedule B contingent capacity and firm energy.
Parts VII through VIII remain unchanged.
Dated: June 7, 2012.
Anthony H. Montoya,
Acting Administrator.
[FR Doc. 2012-14572 Filed 6-13-12; 8:45 am]
BILLING CODE 6450-01-P
